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Morgan Stanley CEO: Please, Regulate Me

Want to make your head spin? Try to reconcile these two comments from Morgan Stanley (NYSE: MS  ) CEO John Mack:

October 2009: "From my view, I'm a capitalist. I think it should be left to us."

November 2009: "Regulators have to be much more involved. We cannot control ourselves."

Huh?

To be fair, Mack's first comment regarded compensation, while the second was in response to Wall Street's risk-taking.

In essence, he's saying, "Tell us how much risk we can take, but then leave it to us to figure out how much we're worth for taking that risk."

You may disagree, and at the risk of blowing up my email inbox with hate mail, I'd actually say that makes a good amount of sense. And bravo to Mack for being the first Wall Street CEO to admit that, left unchecked, risk-taking spins dangerously out of control.

Wall Street should be regulated in terms of how much risk it's able to pile on, particularly if that risk has the potential to annihilate the rest of the economy. And when you're a multitrillion-dollar company, it does. Even hardcore "leave-'em-alone" defendants cave to this reality. As Alan Greenspan told the Economic Club of New York earlier this year:

I still believe that self regulation is an essential tool for market effectiveness -- a first line of defense. But, it is clear that the levels of complexity to which market practitioners, at the height of their euphoria, carried risk management techniques and risk-product design were too much for even the most sophisticated market players to handle properly and prudently. Accordingly, I see no alternative to a set of heightened federal regulatory rules for banks and other financial institutions.

Nonetheless, Mack's point about leaving compensation up to the company is spot-on.

First, by regulating risk-taking, you're already by extension influencing compensation. Tell Goldman Sachs (NYSE: GS  ) it can't lever its balance sheet over five-to-one, and watch how quickly compensation falls off a cliff. Reinstate Glass-Steagall, and see what happens to traders' pay at JPMorgan Chase (NYSE: JPM  ) when they can't gamble with Federal Reserve funds.

What we're poking at here, and what Mack's compensation comment was in reference to, is the government-appointed pay czar who's setting compensation at several Wall Street banks. Hoards of protesters have bashed the pay czar's role as oppressively unjust.

But is it? The companies under pay czar rule are those where the government effectively owns the shop. It's the controlling shareholder. The owner. In some cases, the common shareholder voter. We're talking AIG (NYSE: AIG  ) , Citigroup (NYSE: C  ) , and Bank of America (NYSE: BAC  ) , all three of which count Uncle Sam as the single largest stakeholder.

No regulator has ever told American Express (NYSE: AXP  ) , for example, what it can or can't pay its employees. It repaid bailout funds, and is now free to shell out as much as its owners will put up with. When the government is the owner, hey, so be it. That's the destiny a company has brought upon itself.  

What do you think? Fire away in the comment section below.  

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Fool contributor Morgan Housel doesn't own shares in any of the companies mentioned in this article. American Express is a Motley Fool Inside Value selection. The Fool has a disclosure policy.


Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On November 30, 2009, at 5:36 PM, globalsailor wrote:

    These are stupid companies to begin with. Anybody with enough capital can do these kinds of things. If you look at any large company, all of them have some sort of financial arm that can do the same kinds of things that these companies do, but they do it as a a piece of their overall business. Retail companies (see Ford) give out credit, transportation companies trade oil futures (see Southwest Airlines). The difference is, is that they do it in order to provide actual goods and services. Leave the banks on their own and tell the rest of the world that if they collapse because they don't understand what they're getting themselves into that it's their fault.

  • Report this Comment On November 30, 2009, at 11:54 PM, NorseWarrior wrote:

    Well, this is a no-brainer. Too big to fail and we let them (and HELP them!) get bigger? Where's the outrage? Where's the political activism? Oh yeah---that would be reflected in millions of dollars of campaign contributions......

    Leave compensation alone. Just return to the old tax policies on estate taxes and let the 'Bush' tax cuts expire. We've got to pay for the war in Iraq somehow....

  • Report this Comment On December 01, 2009, at 12:51 AM, shenoy2206 wrote:

    "By regulating risk-taking, you're already by extension influencing compensation "

    I agree with this statement. If the big boys dont have too much money to play with it will automatically reduce their risk taking & book inflated profits to get multi million $ bonuses.

  • Report this Comment On December 01, 2009, at 2:53 AM, jaketen2001 wrote:

    I keep coming back to the statement someone made about 'its bail out socialism for wall street, and dog eat dog capitalism for the rest of us.' Americans are living in the worst of all possible worlds right now. While in our 'capitalist' society where you should be able to succeed or fail, the taxpayers are propping up all of the major financial players (FNM alone would do it, but also the others C and BofA,...) and thus the entire financial system. In 'socialist' France, when they had to take over a bank, they de-Bathified the upper three tiers of management. While they didnt let it fail, they certainly made it a no win situation for management. Sweden said no thanks for bailing out Volvo. Abu Dhabi isnt honoring Dubai's debt.

    We have the only patsy government in the world right here. We live in a kleptocracy where the rich get bailed out and the poor are left to pick them up by their bootstraps.

    John Mack isnt even the worst of them. You certainly cant blame him for blowing smoke out of his butt. Double talk and double speak are the the stuff of life for the economic vampires that inhabit the american financial system.

  • Report this Comment On December 01, 2009, at 11:30 AM, jff1513 wrote:

    I think that Mr. Housel's article is spot on, but I'm not so sure about some of the commentaries. For example, jaketen2001, believes that we've got a patsy government because it bailed out AIG, Citibank, BoA, among others. Socialist governments did not, and he offers examples such as Volvo. I think that the US government, both the Bush and Obama administrations, felt that the damage to the financial system would be long-term and perhaps irreparable if they didn't act. Volvo, or a French bank or two, would not have had a comparable impact by far. While I share his angst and anger at top financial executives who stupidly assumed too much risk and thereby demonstrate the need for some additional regulation, the coordinated action of the industrial world has staunched the hemorrhage. Not perfect by any means, but necessary and moderately effective. I think that Mr. Housel is correct that a return to an updated Glass-Steagall Act, which implies that further regulation will control risk, will also create downward pressure on compensation. Compensation shaped by another financial environment and its rewards, not merely assuming risk for the risk's sake, will lead to more responsible decision making.

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