San Antonio Express-News (Sunday)

Legislator­s trading stocks is ethical disaster

- MICHAEL TAYLOR Michael Taylor is a columnist for the San Antonio Express-News and author of “The Financial Rules for New College Graduates.” michael@michaelthe­smart money.com |twitter.com/michael_taylor

Robert Kaplan resigned abruptly last month as president of the Federal Reserve Bank of Dallas, on the same day as his Boston counterpar­t Eric Rosengren.

Both cited personal reasons for their unexpected departures, but the public understood them to be a necessary response to a Wall Street Journal investigat­ion of large personal stock trades they'd made during critical moments when the Federal Reserve intervened in markets in response to COVID-induced turbulence.

You might see these abrupt resignatio­ns as a failure of ethics and governance at the nation's central bank. But I think that's the wrong interpreta­tion. Their resignatio­ns are actually a success of governance. It's a good sign that the Federal Reserve's code of ethics — and Fed Chairman Jerome Powell — prompted swift and decisive resignatio­ns in response to even the appearance of a conflict of interest.

Powell then promised a further review of ethics rules for Federal Reserve employees, as he should. It matters whether people see the Federal Reserve as an ethical institutio­n.

All of this is good and noteworthy.

It also serves as our periodic reminder of how awful the governance and ethics rules and practices are for stock trading by members of Congress.

In short: They can get away with way too much. They should not be allowed to trade individual stocks. But they do, and they disclose way too little about it, and it's gross.

There is a law, first passed in 2012, called the Stop Trading on Congressio­nal Knowledge Act of 2012 (STOCK Act). It requires officials to disclose any stock transactio­ns within 45 days of trading. Dozens of members of Congress this year ignored or violated this law with late disclosure­s. Sometimes, elected officials make no disclosure­s at all. The penalties under the STOCK Act for these types of violations are tiny — like in the hundreds of dollars.

In late September, the ethics watchdog group Campaign Legal Center cited seven members of Congress for massive failures to disclose their stock trades.

This is a bipartisan problem. The Campaign Legal Center report named and shamed House representa­tives Cindy Axne (DIowa), Warren Davidson (R-OH), Lance Gooden (R-TX), Bobby Scott (D-VA), Thomas Suozzi (D-NY), Roger Williams (R-TX) and Michael San Nicholas (DGuam)

These seven engaged in hundreds of thousands of dollars in stock trading without reporting them. Five of the seven sit on the House Committee on Financial Services, which seems like a

particular­ly egregious violation of trust.

In June, Business Insider reported that Rep. Pat Fallon (R-TX) failed to disclose 93 stock trades worth between $7.8 and $17.5 million between January and April 2021. Fallon is a member of the House Armed Services Committee and was trading Boeing stock, which is obviously not OK.

After receiving COVID-19 briefings in February and March

2020, Georgia's two senators at the time, Kelly Loeffler and David Perdue — both Republican­s who later lost their seats in special elections — reportedly traded millions of dollars worth of shares.

Earlier this month, Business Insider reported on 37 members of Congress who violated the STOCK Act.

The other Texas elected officials cited by Business Insider for STOCK Act violations include representa­tives August Pfluger

(R) and Dan Crenshaw (R).

Do we know for sure whether House and Senate members are profitably trading stocks using inside knowledge or their regulatory power? Not exactly.

Could these just be cases of overlookin­g details and failure to disclose, as the elected officials generally claim? Of course.

But that's missing the point. The point is that even the appearance of elected officials taking advantage of the system undermines trust in government and in markets.

Eliminatin­g individual stock trading would not solve all instances of self-dealing, insider trading or influence peddling in Congress.

But the sheer ethical audacity of senators and representa­tives — having access to relevant insider informatio­n and exercising extraordin­ary voting and regulatory power to influence outcomes, and then being able to invest accordingl­y — is nuts. They shouldn't be able to do this.

Clear ethics rules forbid journalist­s from writing about stocks they have an interest in. Doctors have to periodical­ly declare they have zero financial stake in companies associated with the prescripti­ons they write. Lawyers, Realtors, corporate and nonprofit board members have codes that forbid obvious conflicts of interest when it comes to investing.

It's so obvious that members of Congress should not be able to trade in shares of companies over which they have regulatory oversight — or about whose industries they receive privileged informatio­n — that their latitude to trade stocks seems ludicrous. This can't really be going on, right?

Surely there are tough rules in place to stop this?

Not really. It is going on. And it is hardly ever punished by Congress itself.

Incidental­ly, the executive branch has to follow much stricter financial ethics rules. Highrankin­g officials — especially with significan­t investment portfolios — typically put their investment in a blind trust for the duration of their service. (President Donald Trump was a notable and unfortunat­e exception to this practice.) Lower-ranking employees of the executive branch have to disclose even things like gifts received over $15 in value. This signals to everyone, especially the voting public, that their decisions will not have even the appearance of being made for personal gain.

This is not true for members of Congress, who make their own rules — which also allow them to ride in other people's privatelyo­wned jets with few restrictio­ns, unlike executive branch employees.

It's like an inversion of the cynical Golden Rule: “He who has the gold makes the rules.”

In the case of Congress, it's instead: “He who makes the rules makes the gold.”

I understand there's a biblical Golden Rule as well, but I'm in a cynical mindset today.

 ?? ?? Federal Reserve Bank of Dallas President Robert Kaplan stepped down in October after a Wall Street Journal investigat­ion of stock trades he made during critical moments when the Federal Reserve intervened in markets in response to COVID-induced turbulence.
Federal Reserve Bank of Dallas President Robert Kaplan stepped down in October after a Wall Street Journal investigat­ion of stock trades he made during critical moments when the Federal Reserve intervened in markets in response to COVID-induced turbulence.
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 ?? Richard Drew / Associated Press ??
Richard Drew / Associated Press

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