« Nocera on Hedge Funds | Main | J&J Sues Boston Scientific Over Guidant Deal »

September 24, 2006

The Enron Loophole

Gretchen Morgenson has called for the elimination of the Enron loophole in the CFTC regulation of hedge fund traders.  Under the loophole, the energy traders in the over-the-counter markets do not have to file "large trader reports" with the CFTC, only traders in the exchanges (such as the NY Merc) do.   The problems at Amaranth Advisors are apparently an argument for closing the loophole.  Consider the argument:  There is no claim that had Amaranth Advisors made the required filings that the CFTC or anyone else for that matter would have stopped their trading practices.  Indeed, there is only minimal understanding as to what the "large trader reports" require and who gets them and what they do with them.  Surely we are past an "every failure demands new laws" mentality.

September 24, 2006 in Corporate Governance | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef00d83569d15b69e2

Listed below are links to weblogs that reference The Enron Loophole:

Comments

Post a comment