The Issues
In March 2009, the effort to name a deputy Treasury Department secretary was magnified because of the burgeoning economic crisis and a couple withdrawals from potential candidates. Former Securities and Exchange Commissioner (SEC) Annette Nazareth, a partner at the Washington, D.C. law firm Davis Polk & Wardwell, reportedly withdrew her name from consideration after it became clear her work at the SEC would come under harsh criticism during the confirmation process. H. Rodgin Cohen, chairman of the New York law firm Cromwell & Sullivan LLP, also withdrew his name from consideration.
But all the while, Geithner had to deal with the vast task of formulating strategies to pull the U.S. economy out of a recession not seen since the 1930s. His job included installing new multi-billion dollar programs under the Financial Stability Plan, with little help from a cadre of seasoned aides. Wolin’s nomination came a day after Geithner publicly outlined the Public Private Partnership Investment program, which will allow private investors to purchase assets from banks in cooperation with the government, which will take on the majority of the risk. The program expects to rid lenders of up to $1 trillion of troubled assets.
Gramm-Leach-Bliley Act
The Gramm-Leach-Bliley Act (GLB) passed in 1999, and it repealed the Glass-Steagall Act of 1933 that banned banks from merging with insurance companies and brokerage firms. GLB made it legal for a bank to merge with other financial institutions, but the newly-formed company would have to submit to more oversight by the Federal Reserve. While the new law didn’t directly lead to the mortgage defaults and credit failure that crippled the banking industry in 2008, it did allow for the birth of giant financial companies like Citigroup. Citibank pushed the issue of repealing the Glass-Steagall Act in 1998, when Citibank and the insurance company Travelers announced a merger. (Congress’ passage of GLB ratified the Citibank and Travelers merger. Citigroup has since spun-off Travelers.)
Many large, diverse financial institutions were deemed too big to fail when the credit market disintegrated in 2008.
As Treasury general counsel in 1999, Wolin oversaw the team of lawyers that helped review the GLB bill that became law that year.
Insurance Representation
In June 2008, Wolin testified in front of the House Financial Services subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises, in which he backed the creation of the federal Office of Insurance Information (OII) within the Treasury. “It would thereby create an insurance expert who serves as the principal federal advisor on domestic and international policy issues for all lines of insurance but health,” said Wolin. “In one stroke, we would answer the call for a single national voice on these important matters.”
The creation of the OII was controversial because many felt it would create an oversight organization to which states’ insurance commissioners would have to answer. The measure got through the subcommittee, and is still under consideration in the full Financial Services panel.
Financial Regulation Reform
In 2009, the administration supported the reformation of the financial regulatory system, due to its failure in preventing the 2008-2009 recession. Wolin made many public comments on the proposed changes and in July 2009 published an op-ed in The Hill, which outlined these modifications.
The proposed reform includes a way to increase systemic oversight of the entire financial system. "At the same time, key financial institutions -- including some of the largest, most interconnected firms -- were not effectively supervised," wrote Wolin. "While various regulators were responsible for supervising particular subsidiaries, no one was taking a hard look at some of these institutions as a whole."
In order to accomplish this systemic regulation, Wolin proposed the creation of a Financial Services Oversight Council, which will include the heads of every major financial agency. This group will report to Congress each year on possible system-wide risks that could arise.
Another proposal Wolin outlined was the creation of the Consumer Financial Protection Agency (CFPA) which would oversee banks and non-banks in order to prevent the marketing of substandard financial practices, like subprime loans.