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Barney Frank on His Role in the Banking Crisis

Barney Frank on His Role in the Banking Crisis

Released Wednesday, 22nd March 2023
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Barney Frank on His Role in the Banking Crisis

Barney Frank on His Role in the Banking Crisis

Barney Frank on His Role in the Banking Crisis

Barney Frank on His Role in the Banking Crisis

Wednesday, 22nd March 2023
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0:00

IFC Films presents The

0:02

Lost King. From the Oscar-nominated

0:04

makers of Philomena comes the inspiring

0:06

true story of an amateur historian who believes

0:09

she has found what generations of scholars

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could not. The Lost Burial Site

0:13

of England's notorious Richard III. Sally

0:16

Hawkins and Steve Coogan star in

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The Lost King, exclusively in

0:21

theaters March 24th.

0:24

From New York Times, I'm Michael Bauboro. This

0:26

is The Daily.

0:37

When he retired from Congress, Barney

0:39

Frank's legacy was a piece of legislation

0:41

designed to prevent another financial

0:44

crisis. Now, because

0:46

of what he's done since, many

0:49

are asking if Frank helped cause

0:51

another financial crisis. Today,

0:55

my colleague David Enrich talks

0:57

to Frank about the banking crisis

1:00

and the unexpected role that

1:02

he played in it.

1:10

It's Wednesday, March 22nd.

1:17

David, as you have been

1:19

sorting through the causes and

1:22

the fallout of this banking crisis

1:24

that we are still very much in the middle of, why

1:27

is it that you wanted to talk to former Congressman

1:31

Barney Frank? Well, Barney

1:33

Frank has been in the middle of so much

1:35

that has been going on. So, back in 2008,

1:37

after the global financial crisis,

1:40

he was one of the people most responsible

1:43

overhauling the system of financial regulation

1:46

that was in place. And

1:48

that was a real landmark achievement that he had. And

1:53

then in the years to come, he kind of switched gears

1:55

a little bit. He began to support the plan to roll back

1:57

some of those requirements. And then, right

1:59

around the corner, Around the same time they started doing that, he joined

2:01

the board of a bank that stood

2:04

to benefit from those rules being

2:06

weakened. A few years after that, now we're

2:08

in the present day, that bank was one of

2:10

the first to fail. A lot of people are concerned that

2:12

it's one of the bellwethers that is setting

2:14

off this global banking panic. He's

2:16

gone from being the guy who created the

2:18

rules to the guy who supported weakening them

2:21

to the guy whose bank falls victim

2:24

to this budding financial crisis. Right.

2:26

A kind of hero-to-villain,

2:29

perhaps, journey in a pretty

2:31

short period of time. That's right. So

2:33

I was really hoping to get a chance to ask him whether

2:36

he thinks he made some wrong decisions along the way, and

2:38

whether he thinks the decisions he made in some ways

2:40

contributed to the mess that we're now in.

2:43

Hello?

2:44

Hi. Hi, Congressman. Can you hear us?

2:46

Hello. So I arranged to speak to

2:49

him last Thursday, and we

2:51

originally planned to do it by video chat.

2:54

It turned out he was in the Caribbean. His Wi-Fi

2:56

wasn't great. We had some issues with,

2:58

I think, his cell phone and his iPad

3:01

and his iPhone. Hang on, let me make

3:03

this louder. Is it you calling on a 627 number?

3:06

Yeah, it does call on... Okay, hang on. I'm going

3:08

to make it louder. And ultimately, we

3:10

decided to skip the fancy technology and just

3:12

call him on his cell phone. This is obviously,

3:14

I'm sure it's been a tough week for you. Yeah.

3:17

Oh, the toughest thing is we've been trying to get this connection

3:19

and stuff. And

3:22

just remind us, David, who was

3:24

Frank when he becomes involved

3:28

in the post-financial crisis

3:31

regulatory work that

3:32

defines his career? Well, first of all, in his

3:34

telling, he's not someone who has any particular

3:37

interest or experience in bank regulation. Barney

3:39

Frank was someone he'd been in Congress for, I

3:41

think, 27 years, all of them representing

3:43

Massachusetts. And he was one of the

3:46

most progressive members of the House Democratic

3:48

Caucus. He was also, or at least I thought,

3:50

he was also the first openly gay member

3:52

of Congress, although that's something he corrected me

3:55

on.

3:55

I was not the first openly gay member.

3:57

I was the second. first to volunteer it.

4:00

My colleague Gary Studs had been outed, but

4:02

he was the first who acknowledged it. Three or four

4:04

members had been outed, but they all claimed

4:07

that they really weren't gay. They had just been too

4:09

drunk. My

4:11

view was if you're too drunk to remember what you're doing, you're

4:14

too drunk to do it. And he was

4:16

a very outspoken proponent of gay rights

4:19

at a time when not everyone was doing that. The

4:21

reason he got into kind of the financial space in the first

4:23

place is that he wanted to do more to promote

4:26

fair housing and affordable

4:28

housing for people. and he thought that the House Financial

4:30

Services Committee, that that would be a good perch

4:32

from which to push that. Mm-hmm.

4:36

Then, of course, the banking

4:37

system starts to unravel in 2007 and 2008. Take

4:40

a look at the stock trading. It was fast and furious.

4:43

That is a whopping loss of $3.5 billion

4:45

in market value.

4:47

In 2008, when

4:50

J.P. Morgan has to take over bear service,

4:52

that's when it starts. Lehman Brothers is going

4:55

bankrupt. Merrill Lynch sold in haste.

4:57

They should start to hit the fan with the failures.

5:00

And the committee that he's on becomes instead

5:02

a very powerful and important place

5:05

from which he can start tackling the

5:07

work of trying to stabilize the financial system

5:09

and then fix it so that a crisis like

5:12

that won't happen again. We are not

5:14

the Security Exchange Commission or the control

5:16

of the currency. We are not ourselves regulators.

5:18

We formulate regulatory policy. Understanding

5:21

what happened, why it happened, what didn't happen,

5:24

Those are essential

5:25

elements of formulating policy

5:27

going forward. And

5:33

of course, that crisis really stemmed

5:35

from a downturn in the housing market, which revealed

5:37

that many of the country's biggest banks had

5:40

invested a huge amount of their money in

5:42

the housing market in the form of mortgages and mortgage

5:44

backed securities. And when the downturn started,

5:47

these banks lost so

5:49

much money that the entire financial system

5:52

was suddenly at risk. Right, well,

5:54

and keep in mind though, it wasn't just about the banks

5:56

making bad decisions. of the real revelations

5:58

of this crisis was that Regulator We're completely

6:00

asleep at the wheel. And

6:03

so one of the things that Barney

6:05

Frank starts to look at in the immediate

6:07

aftermath of this crisis is how do

6:10

we empower regulators to act more

6:12

swiftly, more decisively, and to

6:15

not just respond to a crisis once it erupts,

6:18

but to prevent it from erupting in the first place. And

6:21

so Barney Frank teams up with Senator

6:23

Chris Dodd, and the two of them set

6:25

out to to enact this

6:28

absolutely sweeping set of financial reforms

6:30

that's going to do everything from empower regulators

6:33

to require banks to hold

6:36

greater financial resources. It creates a consumer

6:38

protection bureau. But one of the biggest parts

6:41

of it is that for the 30 or 40 biggest

6:43

banks in the country, so that's banks with $50 billion

6:46

or more of assets, there's

6:48

this much more intense system of federal

6:50

regulation and other requirements those

6:53

giant banks face. And so they have to undergo

6:55

stress tests. They have to have much thicker

6:57

capital and liquidity cushions.

7:00

They need to be in a position where

7:02

regulators can look at them very quickly

7:05

and have zero doubts about

7:07

their ability to survive a really intense

7:10

economic or financial storm. And

7:12

David, what was so special about banks bigger

7:14

than 50 billion? Well,

7:16

basically, these were the types of banks that had

7:18

caused the 2008 crisis. And

7:20

so this cutoff was meant to ensure that banks

7:22

like that got a specially intense supervision and

7:25

had especially high levels of financial stability

7:27

so that when the next crisis came around, banks

7:29

like this would not be on rickety financial footer. Soon

7:33

after taking office, I proposed a set of

7:35

reforms to empower consumers and

7:37

investors

7:39

to bring the shadowy deals that caused

7:41

this crisis into the light of day and

7:44

to put a stop to taxpayer bailouts

7:47

once and for all. So do you remember

7:49

the day that President Obama signed

7:52

the bill into law?

7:54

of course. Thanks to

7:57

a lot of people in this room. reforms

8:00

will become the law of the land. For

8:04

the last year, Chairman Barney

8:07

Frank and Chris Dodd have worked day

8:09

and night. The emotional

8:11

response when the president thanked both me and Chris

8:13

and how our staffs were so enthused

8:17

and yeah, it was a

8:19

very nice day, a great day.

8:25

And arguably this is the crowning achievement

8:28

of Congressman Frank's career. I mean, the bill

8:30

literally bears his name. It's called Dodd-Frank.

8:34

Yeah, that's exactly right. And about

8:36

two years later, Congressman Frank, who's 72 at the time,

8:39

decides he's going to retire from Congress.

8:42

When I quit, I want the question to be, why

8:45

are you quitting that? Why did you stay so long?

8:49

And so what was your plan? What were you going to

8:51

do in your retirement? Well,

8:54

one, I got married, And

8:56

I planned to

8:58

write mostly and

9:01

speak. I

9:03

had decided I wouldn't lobby, not

9:06

so much ethically. I just

9:08

didn't feel comfortable going back, frankly, to people

9:10

who had been my colleagues as a supplicant.

9:13

Maybe it was an alarm against. But

9:15

I just didn't

9:16

want to do that.

9:19

And then in 2014, he gets invited to

9:22

return to Capitol Hill.

9:24

And why is he invited back? Well,

9:26

he was invited back by his former colleagues

9:28

in the House Financial Services Committee.

9:30

Thank you very much, Mr. Chairman. I'd

9:32

like to welcome the former chairman

9:35

and longtime veteran of this committee, Mr.

9:37

Barney Frank. Barney,

9:42

I've had your portrait hanging over me for

9:44

just about a year now. And during

9:46

that time, I've concluded that just

9:49

seeing Barney Frank

9:50

without hearing him is no Barney

9:52

Frank at all. And at

9:54

this point, Dodd-Frank has come under intense,

9:57

sustained assault, not just from the bank.

10:00

industry, but also from Republicans

10:02

on Capitol Hill. The Republicans at this point

10:04

control the House, and they're doing everything in

10:06

their power to make a public case

10:09

against Dodd-Frank.

10:10

I'm pleased we all will be able to

10:12

hear you today, and I hope to hear you remind my

10:14

Republican colleagues about

10:17

just how close to the brink we came in 2008, and about

10:19

why Congress and the

10:22

president responded forcefully with

10:24

your namesake legislation, the Dodd-Frank

10:27

Wall Street Reform and Consumer

10:29

Protection Act.

10:31

The Democrats on the committee are trying

10:33

their best to defend the law, but

10:35

are struggling, especially because they're in

10:37

the minority. And so Congressman Frank is invited

10:40

to come back to Capitol Hill to testify in

10:42

defense of the law that he helped write. Chairman

10:44

had said that the financial reform bill is as damaging

10:47

as the health care bill. Well my recollection

10:49

is that this Republican

10:51

Congress votes on a fairly regular basis

10:53

to repeal the health care bill. Well where's your bill to repeal

10:56

the financial reform bill? If you have the courage

10:58

of your convictions, let's bring it on. I

11:00

think the problem

11:01

is that the public is in fact much

11:03

more supportive of it, and particularly

11:05

of the consumer bureau. Most

11:07

of his testimony is spent defending the law. Nobody

11:10

is pointed to any abusive practice that I can

11:12

see. No one is pointed to any unfair

11:14

intrusion into the business models.

11:16

And kind of shooting down many of the

11:18

industry's arguments and the Republican arguments

11:21

about the harm that

11:23

the intense regulation has supposedly

11:25

done to the banking industry and to the

11:27

economy. But partway through his testimony,

11:30

he makes what I regarded as

11:32

a really surprising concession. Should

11:35

a bank's systemic importance

11:38

be based strictly and solely

11:41

on their asset size? Well,

11:44

I don't think 50 billion is... Well, look, any

11:46

number is arbitrary, obviously, in the nature

11:48

of the case. He said that the threshold at

11:51

which the intense federal supervision

11:53

really kicked in, so that's at $50 billion,

11:56

he acknowledged that he thought now that that threshold

11:58

was too low. So there was basically s- snaring

12:00

too many banks that were

12:02

not the very biggest of the big

12:04

in just an unnecessarily complicated

12:08

and onerous system of regulation. And

12:10

he said that this threshold should

12:12

be a lot higher than it currently was. Basically,

12:15

I think what you ought to do is to

12:17

set a fairly high number as

12:19

the automatic cut off.

12:21

You always have to pick a number and it will always be somewhat

12:23

arbitrary. But yeah, I think that we

12:25

should look at that 50 billion again. So

12:29

he's opening the door to the possibility

12:32

of rolling back what seems

12:34

like a pretty key element of

12:37

Dodd-Frank, this law that bears his name.

12:39

That's right. And it's around this time that

12:42

Barney Frank is invited to join the

12:44

board of directors of a regional bank

12:46

based in New York, and it's called Signature

12:48

Bank.

12:49

And David, what should we know about Signature

12:52

Bank at this moment, that

12:54

they ask Frank to join

12:56

their board? Well,

12:57

like a lot of other large regional

12:59

banks in the country, it was growing very quickly.

13:02

And it was rapidly approaching having $50 billion

13:05

in assets, which meant that as the rules

13:07

were currently written, it

13:09

was either going to need to really slam

13:11

on the brakes and stop growing,

13:13

or it was about to face a whole new

13:15

intense level of federal oversight

13:17

and all sorts of new financial requirements that

13:20

it looked upon very unfavorably. And

13:22

so at the time that this bank invited Congressman

13:24

Frank to join its board of directors, Signature

13:27

had a tremendous amount at stake in

13:29

the debate over whether or not to

13:31

raise this $50 billion threshold.

13:34

So you were approached by Signature Bank.

13:37

What was their pitch? They thought I was

13:39

smart, knew a lot about banking,

13:41

and had the right values.

13:43

They also stressed to me

13:45

that they were the leading

13:47

user of the low-income housing tax

13:49

credit. They knew that housing had been my

13:52

single biggest substantive policy concern.

13:55

And in 2015, Frank joins the board

13:57

of Signature Bank.

13:59

This, of course, is a is both extremely

14:01

common and extremely criticized.

14:04

This phenomenon of former

14:06

members of Congress or former regulators

14:08

who have spent their careers

14:10

championing or fighting an issue, later

14:13

on getting hired by companies who want to

14:15

use those lawmakers' expertise

14:18

to navigate that very same issue.

14:21

It's known as the great revolving

14:23

door in Washington between government and

14:26

business. What does Barney Frank say

14:28

about this decision to

14:31

join the revolving door system by

14:33

being on Signatures Board? Well,

14:35

first of all, he's very candid about why he

14:37

wanted to be on the board. I wanted to earn money.

14:40

I had no pension.

14:41

I had voluntarily decided not to get into the

14:44

pension plan in 1981.

14:46

I didn't want to lobby. So

14:49

I was looking to earn money. I had been renting money from

14:51

speeches and I had a good advance,

14:53

a half million dollar advance to buy my memoir.

14:56

I was planning to live for many more years and

14:59

I was looking for an ongoing source of income.

15:01

Over the seven plus years they served on Signature's board,

15:04

he earned over $2 million. And

15:06

this is someone who, as he puts it, has

15:08

devoted his whole life to public service. He's

15:11

left an enormous amount of money on the table compared

15:13

to what he could have made if he was in the private sector. And

15:15

he pointed out to me that, look, he graduated from

15:17

Harvard Law School. For

15:18

about $325,000 a year, which I must say for, you know,

15:21

Charmed, Little Aragon, but

15:25

For an honors graduate of Harvard Law School, $25,000

15:28

a year is not an

15:30

excessive salary.

15:32

You look at most graduates of Harvard Law School, they

15:34

go into big corporate law firms and they end up

15:36

making millions and millions of dollars. Right.

15:39

So, for him, this is just what he's kind of

15:41

got coming and what he deserves. And the second

15:43

thing, the broad point he makes, is that he

15:45

doesn't see any particular problem with

15:48

the revolving door, at least not as it applies to

15:50

him. And so he doesn't think that there's

15:52

any real issue with someone who

15:55

had a very important hand

15:57

in shaping financial regulation and

15:59

who is

16:00

recently switched stances and is calling

16:02

for at least a slight weakening of those regulations.

16:04

He doesn't think there's any conflict of interest or anything wrong

16:07

with him going essentially to work for

16:09

that company. I don't understand the argument

16:12

that anything that I advocated as a

16:14

member of Congress, I shouldn't join in

16:16

trying to promote afterwards. And by the

16:18

way, I was not on the payroll line because

16:21

I was not an employee. I was under

16:23

no obligation to follow a party

16:25

line. In fact, I was literally an independent

16:28

director. So the argument that I was somehow

16:31

for hire

16:32

and that my opinion would be influenced,

16:34

no.

16:35

So David, what happens next? What happens next

16:38

is that Donald Trump gets elected president.

16:40

And on the campaign trail and once in the White House,

16:43

Trump has made a mission out of

16:45

destroying Dodd-Frank. He hates it. And

16:48

with Republicans in control of both Congress and

16:50

the White House, the odds of Dodd-Frank

16:53

not just being tweaked or relaxed, but

16:55

being destroyed entirely go

16:57

from being kind of a Republican dream into

17:00

something that is a real possibility.

17:02

And while he's no longer Congressman Frank, now

17:04

he's just Barney Frank,

17:05

he endorses a compromise. And

17:08

the heart of it is to increase the $50 billion

17:10

threshold after which a bank is subjected

17:12

to extra intense oversight for that to

17:14

go from $50 billion to $250 billion.

17:17

So what that means is that the number of banks that are

17:19

subjected to this extra scrutiny, it goes

17:21

from a few dozen to just one dozen. It

17:24

dramatically reduces the number of banks that

17:26

are coming under this intense microscope. Even

17:29

Barney Frank has had some misgivings over

17:31

this law. The fact that

17:34

Barney Frank was such a well-respected member,

17:36

especially on the left, and it played such a

17:38

pivotal role in writing this law to the first place,

17:41

meant that his endorsement of increasing this

17:43

threshold carried an enormous amount

17:45

of weight all over Capitol Hill.

17:47

Even former chairman

17:49

of the financial services committee, Chairman

17:52

Barney Frank, when he He wrote about the

17:54

threshold. He wrote that quote. It is

17:56

quote arbitrary. We're going to say this all day.

17:59

Barney Frank. He

18:00

even thinks the threshold is too low.

18:02

It can be 50 billion. Republicans started citing

18:04

this. And on the $50 billion threshold,

18:06

he said, I think it should be changed. Democrats started

18:09

citing it. Congressman

18:09

Barney Frank said about 95% of

18:12

Dodd-Frank, as

18:15

it is written, will remain intact

18:17

after this bill passes.

18:20

Again, this is former Chairman

18:22

Frank of his own signature law said

18:24

the $50 billion threshold was arbitrary

18:27

and a mistake, and he's right. And

18:29

in 2018, the legislation I'm signing

18:31

today rolls back to crippling Dodd-Frank

18:34

regulations. President Trump signs it into

18:36

law.

18:40

And you see almost immediately the

18:43

banks start to take advantage of this. Silicon

18:46

Valley Bank, for example, goes from being right

18:48

under this $50 billion threshold in

18:50

more than quadruples in size in the space of

18:52

just a couple years. Signature,

18:54

where Barney Frank is on the board, goes from

18:57

right under the threshold in more than doubles

18:59

in the space of a few years. Wow.

19:02

So with Barney Frank's help, two

19:04

of the banks that will eventually

19:06

help trigger this

19:08

banking crisis that we're still living

19:10

through are allowed to become much,

19:13

much bigger with a lot

19:15

less regulatory

19:17

oversight. Correct. We'll

19:19

be right back.

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Hey everyone, it's Estet Herndon, political

20:09

reporter for The New York Times. I think

20:11

that journalism that is accurate and

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That means that you have made clear to both sides

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dot com slash subscribe.

21:03

So David, we all know what happened next. There

21:05

is a run on Silicon Valley Bank based

21:08

on fears that its finances are rickety. Customers

21:10

pull tens of billions of dollars

21:13

out of that bank. And then we

21:14

start to see a run on signature bank. So

21:17

how does Barney Frank describe what

21:19

was happening inside of Signature Bank

21:22

over the past two weeks or so

21:25

from his vantage point as a member of

21:27

its board. Well, in his telling,

21:29

the problems really did not start until

21:31

the Friday afternoon when regulators

21:33

seized Silicon Valley Bank.

21:36

And what happened inside Signature

21:38

that day?

21:40

Friday afternoon, we started moving

21:42

deposits.

21:43

Signature faced essentially a bank

21:46

run of its own. The bank officers

21:48

are then working on trying to persuade people

21:50

not to leave. That becomes clear. At

21:52

first, that's hard to do. Customers

21:54

started yanking their deposits as fast as they could.

21:58

the leadership was concerned.

22:00

They needed to, A,

22:02

try to stem the deposits,

22:04

and B, try to increase

22:07

some liquidity to make sure we could

22:09

fund those deposits.

22:11

So how bad was it on Friday? And

22:13

do you have a sense of how many- Well, David, what's the

22:15

problem? What do you mean, how bad was it? Well- Was

22:18

it one to 10? I told- And as I'm pushing

22:20

him on the details of what happened, he

22:22

got pretty testy at times. And it felt to

22:24

me like he was really trying to distance himself from

22:27

this whole mess. Why am I- That's

22:29

the bank. Right. What did they lose in terms of

22:31

deposits? From the one that was like it, what?

22:33

How much deposits did they lose?

22:36

I remember the number I got for it was $12 to $14

22:38

billion.

22:39

Something like $12 to $14 billion

22:42

of deposits fled the bank that afternoon,

22:45

he says, and that put the bank in

22:47

a very precarious financial position

22:50

heading into the weekend.

22:52

They began on Saturday of a late Friday

22:54

and Saturday working on ways to

22:58

get more liquidity. But there was no

23:00

sense of impending doom. There

23:02

was some competence Sunday morning that we

23:04

were stabilizing the deposits.

23:07

And it came as a big shock to everybody

23:09

when the

23:10

FDIC said, we're coming over Sunday

23:13

afternoon, that was

23:15

not good news.

23:16

That afternoon, he gets a phone call

23:18

from the bank CEO saying that regulators

23:21

have decided to seize the bank and shut it down.

23:24

I

23:24

mean, that must have been an extremely upsetting moment

23:26

for both of you. Yes. Can

23:30

you tell me a little bit more about how you were feeling, how you reacted?

23:34

Well, I said, oh, that sucks.

23:37

Somehow knowing you, Congressman, I

23:39

imagine you were a little more colorful. David,

23:42

I hope your

23:44

chances that our publishers don't depend on

23:46

your

23:47

showing how we were upset when we were told our

23:49

bank was closed. Yeah,

23:51

I hope so too. That's

23:53

not a scoop. Yeah, I was disappointed.

23:57

He claims that this is a terrible mistake. that

23:59

this is overzealous.

24:00

regulators coming in to try to make

24:02

an example out of signature publicly

24:04

for having dabbled in cryptocurrencies.

24:06

And that on the merits, the

24:09

bank was on stable footing and

24:11

should not have been shut down.

24:13

And remind us, what was the government's

24:16

case

24:17

for taking over Signature

24:20

Bank? Well, the government has not very

24:22

clearly articulated the exact rationale,

24:24

but what they have said with both Signature and

24:27

Silicon Valley Bank is that part of what

24:29

the government was trying to do was protect the

24:31

stability of the broader financial system. And

24:34

what I, and I think most people have taken that

24:36

to mean, is that both of these banks

24:38

had grown so big so quickly

24:41

that their uncontrolled collapses really

24:44

posed a pretty serious threat to the

24:46

stability of the entire American banking

24:47

system. Right. And I think that brings

24:49

us to the heart of why it is you

24:52

wanted to talk to Frank in the first place.

24:54

So what does he say about

24:57

the unique role he

24:59

played

25:01

in rolling back the original

25:03

Dodd-Frank financial limits, which

25:05

encouraged Signature to

25:07

grow so fast with less regulatory

25:10

oversight than it would have

25:12

had under the law's original rules? Does

25:15

he think that any of the

25:17

rules that were in place

25:19

from the beginning

25:21

might have stopped a bank like

25:23

Signature or Silicon Valley

25:25

from ending up where it did under

25:28

government control, failing as a bank?

25:30

The short answer is no. He does

25:32

not think it would have made a whole lot of difference

25:35

at all.

25:36

There's nothing... The stress tests

25:38

would not have predicted the problem

25:41

of Silicon

25:42

Valley. I don't

25:44

know how to do it. No, that would give me a case. And to review,

25:47

the rules that these biggest banks are subjected

25:50

to, they have to conduct these annual stress

25:52

tests to make sure that they can withstand a

25:54

severe financial storm. They have

25:56

to hold more liquidity, so they're better positioned

25:59

in the event of a bank.

26:00

run.

26:00

Paperwork. You have a significant paperwork

26:03

increase.

26:04

Well and a significant,

26:07

the paperwork is not paperwork for paperwork's sake,

26:09

right? It's paperwork because 50 billion

26:12

did not trigger any higher

26:15

liquidity requirement of other

26:17

rules. And what Barney Frank said to me, which I found kind

26:20

of surprising and not very

26:22

precise, is that the additional requirements

26:24

that were rolled back, they basically amounted to a a lot

26:26

of extra paperwork.

26:28

He said they didn't really affect the underlying financial

26:30

health of these banks and that they wouldn't have prevented

26:32

this current crisis. I mean, can

26:34

I just ask you, David, do you think he's right?

26:38

Based on my reporting, I don't think that he is.

26:40

The stress tests, for example, the big

26:43

banks we're supposed to be subjected to are

26:45

meant to detect situations kind of like the

26:47

one we're in now and to basically make sure that

26:50

the biggest banks are able to withstand really

26:52

intense financial crises. The

26:54

extra liquidity requirements that the biggest banks

26:57

face are supposed to help a bank

26:59

avoid a bank run, which is exactly what

27:01

just killed Signature and Silicon Valley

27:03

Bank. So I think actually that Barney

27:06

Frank is being a little bit dismissive about

27:08

the importance of these rules that he

27:10

had helped right and the potential that they

27:12

could have really made a big difference. But

27:14

here's the thing, even if we

27:17

grant that these extra regulations

27:19

wouldn't have made a lick of difference in this current

27:21

situation, nobody disputes the

27:23

fact that in 2018, when the

27:26

cap got lifted from $50 billion to $250 billion, that set off

27:28

an arms race among big regional

27:33

banks like Signature and Silicon Valley,

27:35

where they doubled or quadrupled in size in

27:37

the space of a few short years. And

27:40

that is how you've got these banks

27:42

that are potentially posing a risk

27:44

to the stability of the overall financial system.

27:47

And what does Frank say about that,

27:49

this seemingly indisputable reality

27:52

that the change he endorsed to

27:54

his own law

27:56

allowed for even encouraged

27:58

this rapid growth. He

28:01

acknowledges it.

28:02

The 50 billion acted as a deterrent

28:04

to some banks for organic growth. No

28:07

question. And I don't think that was a good idea. I

28:09

don't think it's bad for a bank to be at 80 rather

28:12

than 50. I think banks are basically good

28:14

things. They do good things for the economy.

28:16

They're essential. And if a bank is prospering

28:19

by

28:20

playing a good role, I think it's a

28:22

good thing that they get bigger. But Congressman,

28:24

The thing that surprised me coming from Barney Frank, who

28:27

had spent years blasting

28:29

the big banks was that he thought it was actually

28:32

totally fine and in fact positive.

28:35

And I'm saying that I don't see a harm in

28:37

a bank having any billion. You seem to have an anti-bank

28:39

bias. Big banks, they're bad things.

28:42

I don't think it's... That's what you're saying. I think that

28:44

I guess

28:45

that's... Yeah, that's what you're saying. Kind of my starting

28:47

point on this is that these two big

28:49

banks failed and that that's caused

28:52

a lot of stress in the financial system and is scaring

28:54

a lot of people about what might happen. And

28:56

so... No, I take it back. point I

28:58

was just finding to get. He did not engage,

29:01

really, when I pushed him on the fact that

29:03

had these banks not grown as large as they did,

29:06

as quickly as they did,

29:07

they wouldn't pose the same risk to financial

29:09

stability that regulators cited when

29:12

they had to shut down these two banks. Yeah,

29:14

as I said, though, the point I'm trying to get across,

29:16

maybe not very effectively, is that

29:19

the reason that SBB and

29:22

signatures collapses have

29:25

been problematic and scary for the financial

29:27

system, I think, is because they were big, because

29:30

they had grown so quickly.

29:33

Oh, no question.

29:34

But that doesn't mean no banks should get bigger or

29:36

that it was bad. And by the way, my

29:38

prediction is that in two weeks, this will have been shown

29:40

to be not a systemic issue, that

29:42

it will have been resolved by what the federal

29:45

regulators did. Well,

29:46

Mo, you think I'm too optimistic.

29:49

Call me back in two weeks, seriously. Why don't you write?

29:51

Let's write about this two weeks from now. where

29:54

we ended up is a disagreement about

29:56

the severity of the current crisis we're in.

29:58

and his prediction was that

30:00

this is something, it's kind of a blip,

30:02

this is not a real financial crisis. And

30:05

two weeks later,

30:06

no one will even be talking or thinking about this.

30:09

Yeah, there were two, three

30:11

bank failures, but they didn't trigger

30:14

anything like the threat

30:16

of 2089, nor did they require

30:19

remedies anywhere near as extensive.

30:22

Yeah, although I think a skeptic or

30:24

a pessimist might say that this

30:26

financial crisis, if we can call it that, is

30:29

not over yet.

30:30

Did the McCrady or Davis, that same skeptic,

30:32

might say that Elvis is alive and is behind

30:35

all this? Anybody could say anything. Of

30:37

course, this conversation takes place on a Thursday.

30:40

While we're on the phone, another big

30:42

bank, First Republic, got bailed out

30:44

by other banks. And then 48 hours

30:47

later over the weekend, Credit Suisse, which

30:49

is one of the biggest banks in the world, essentially

30:52

has to be rescued by the Swiss government in this huge

30:54

deal in which they get taken over by another giant

30:56

bank.

30:57

So there's a quality of Frank

31:00

burying his head a little bit in the sand

31:03

around just how big a deal this

31:05

has all become and the role

31:08

that the growth of banks that

31:10

he helped happen played

31:13

in this crisis. Yeah, I don't know if he's burying

31:16

his head in the sand and he might turn out to be right.

31:18

And it might be the case that by mid-April,

31:21

no one is thinking about this as a huge crisis and this

31:23

might turn out to be a blip. It's hard

31:25

to predict the future, but it felt to

31:27

me like he was contorting himself a little bit to

31:30

make an argument that the changes that he had

31:32

endorsed really did not have

31:34

any effect at all. And so I asked him at

31:36

one point in the interview, you were the author of this

31:39

very important legislation. You then support

31:41

rolling back portions of that legislation,

31:44

and then you end up sitting on the

31:46

board and getting paid for

31:49

by a company that is a beneficiary

31:51

of those legislative changes. And

31:53

that bank fails, and

31:57

that has caused a lot of concern

31:59

about this. of the financial system.

32:03

So what's your question? I mean, I knew

32:05

all that. My answer is that

32:08

nothing I did was in any way

32:10

positive of the failure. That

32:13

the failure was not as systemic

32:16

as people thought. In fact, it was a failure mostly

32:19

confined to damage to that institution.

32:22

And Frank really at the end of the day kept

32:24

pointing to the political reality that

32:26

he and other Democrats were facing back in 2018 when

32:29

Dodd-Frank was under attack in Congress. So,

32:31

like I said, that in fact,

32:33

the reason I advocated changes in

32:36

part was I thought they were changes

32:38

that did not in any way diminish

32:41

the importance of the bill and its impact

32:43

and were helpful to support

32:45

politicians who were under pressure to

32:48

vote for more serious

32:50

rollbacks. And that's why I supported

32:52

the

32:53

notion of removing the politically

32:56

most inflammatory parts of of it

32:59

that did not interfere with its

33:01

impact. So that's my answer.

33:04

And I think I feel vindicated by that.

33:06

He says that at the time, the

33:09

decision to kind of make this concession on

33:11

the $50 billion threshold was actually

33:13

a very savvy political move. It

33:15

was basically made to save Dodd-Frank

33:19

in its entirety. And his argument was that by

33:21

making this concession, Democrats

33:23

and Republicans would both support it and would

33:26

kind of take the momentum away from

33:28

some of the Republicans who were most

33:30

intent upon completely gutting or

33:33

destroying Dodd-Frank. And so in his

33:35

view, this compromise,

33:36

even if it's imperfect, it

33:38

still preserved Dodd-Frank

33:41

for the most part in its entirety. Hm. So

33:44

the story he's telling you, the story perhaps he's telling

33:46

himself,

33:47

is that in order to save Dodd-Frank,

33:50

he had to weaken

33:52

it. And saving Dodd-Frank was

33:55

worth it

33:56

because that will theoretically prevent a much

33:58

larger financial financial

34:00

crisis than whatever it is we're

34:02

now in the middle of. That's how

34:04

he's thinking about what has happened

34:06

here. That's right. Look, there is no question

34:08

that had Dodd-Frank been rolled back entirely,

34:10

I think the financial mess that

34:13

we're now in would probably be a lot

34:15

worse. But I also think at the same time

34:17

that this is a bit of an ex post facto justification

34:20

by him for doing something

34:22

that

34:23

clearly has put him in a really

34:26

bright and uncomfortable spotlight. He

34:29

says he just does not really care what

34:31

other people have to say about him. One

34:34

of the great pleasures

34:35

of leaving elected office is

34:38

that you are no longer subject

34:40

to an

34:42

impact from the opinions of people

34:45

who you do not respect and do not know. You

34:48

know, at this point in my life, I

34:50

don't care.

34:52

So, David, I'm curious, what happens to Barney

34:55

Frank's job on the board of signature

34:58

now that signature kind of is no more.

35:00

It was vaporized the

35:02

moment regulators seized it. The board was dissolved

35:05

and Barney Frank was out of his job.

35:11

He seemed okay with that though. He told me that

35:13

he was scheduled of a board meeting for signature

35:16

in New York the day before our interview.

35:18

That meeting was canceled, the signature was

35:20

done. And instead he was able to get

35:22

an earlier flight down to the Caribbean and

35:25

just get back to being a private citizen.

35:27

Well,

35:35

David, thank you very much.

35:38

Thank you

35:41

for having me. We'll

35:48

be right back.

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Here's what else you need to nerdy.

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We know a strike will be a sacrifice,

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Today's episode was produced

37:30

by Will Reid, Mary Wilson,

37:33

Diana Nguyen, and Ricky Nowitzki.

37:36

It was edited by Lisa

37:37

Chow, contains original

37:40

music by Mary Lozano, Dan

37:42

Powell, Brad Fischer, Alicia

37:45

by YouTube and was engineered

37:47

by Chris Wood. Our

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theme music is by Jim Runberg and

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Ben Lansfer of Wonderland.

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I'm Michael O'Borrow, see

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in theaters March 24th.

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