In 2004, at the request of the major Wall Street investment houses,
including Goldman Sachs, then headed by Henry Paulson, the U.S.
Securities and Exchange Commission agreed unanimously to release the
major investment houses from the net capital rule, the requirement
that their brokerages hold reserve capital that limited their leverage
and risk exposure. The complaint that was put forth by the investment
banks was of increasingly onerous regulatory requirements -- in this
case, not U.S. regulator oversight, but European Union regulation of
the foreign operations of US investment groups. In the immediate lead-
up to the decision, EU regulators also acceded to US pressure, and
agreed not to scrutinize foreign firms' reserve holdings if the SEC
agreed to do so instead. The 1999 Gramm-Leach-Bliley Act, however, put
the parent holding company of each of the big American brokerages
beyond SEC oversight. In order for the agreement to go ahead, the
investment banks lobbied for a decision that would allow "voluntary"
inspection of their parent and subsidiary holdings by the SEC.

During this repeal of the net capital rule, SEC Chairman William H.
Donaldson agreed to the establishment of a risk management office that
would monitor signs of future problems. This office was eventually
dismantled by Chairman Christopher Cox, after discussions with
Paulson. According to the New York Times, "While other financial
regulatory agencies criticized a blueprint by Mr. Paulson, the [new]
Treasury secretary, that proposed to reduce their stature — and that
of the S.E.C. — Mr. Cox did not challenge the plan, leaving it to
three former Democratic and Republican commission chairmen to complain
that the blueprint would neuter the agency."[11]

In late September 2008, Chairman Cox and the other Commissioners
agreed to end the 2004 program of voluntary regulation.

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