Blog
Gensler Fiddled with ESG and Power Grabs while FTX Burned
When asked on CNBC about the implosion of crypto exchange FTX, Securities and Exchange Commission (SEC) Chairman Gary Gensler turned the focus away from the…
News Release
FTX Crypto Problems Reveal SEC Shortcomings, As Well: CEI Analysis
The current collapse of cryptocurrency company FTX has exposed another festering problem with how the industry is being regulated, says CEI Senior Fellow John Berlau:…
Blog
Reining in Biden CFPB’s “Junk” Policies with Fifth Circuit Ruling
When the federal Fifth Circuit Court Appeals ruled last week, in Community Financial Services v. Consumer Financial Protection Bureau, that the funding structure of…
News Release
Biden Wrong About “Junk Fees” in Sweeping Government Mandate
Today the Biden administration announced a new whole-of-government initiative against “junk fees” from airlines, banking, and other industries. But what he is calling junk fees aren’t…
News Release
Court Rules CFPB Funding Structure Unconstitutional: CEI Statements
A Fifth Circuit panel ruled Wednesday that the Consumer Financial Protection Bureau’s unusual funding structure is unconstitutional, in a lawsuit brought by a small-dollar (payday)…
Blog
Excerpts from Austin Keynote: How CBDCs Could Be the New Operation Choke Point
This week, I attended the exciting INFiN MoneyTrends conference in Austin, where I gave the Regulatory Keynote address on Monday. The conference is a…
Blog
FTC Goes Back to Bad ‘70s Policies in Motor Vehicle Dealer Rule
Last night at CEI’s annual Julian L. Simon Memorial Award Dinner, CEI celebrated the 1970s—both the fashions and the deregulation toward the end of the…
Comment
Comments to the Federal Trade Commission Regarding the Motor Vehicle Dealers Trade Regulation Rule
Comment Submitted: September 12, 2022 Docket No. FTC-2022-0046-0001 On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to…
Blog
Paternalistic FTC Rule Would Stifle Consumer Choice in Auto Market
As if American drivers didn’t face enough headwinds with high gas prices, supply chain constraints, and state rules that may force them out of…
Blog
Prominent Short Sellers Target ESG-themed Firms
For a long while, my CEI colleagues and I have touted the vital role that short sellers play in a free market economy. CEI Founder…
Blog
Why Carried Interest Tax Hike Deserves to Die in IRA and Otherwise
The Inflation Reduction Act (referred to by critics such as Phil Kerpen as the Income Reduction Act) will likely be voted on in the…
Wall Street Journal
The 20-Year Experiment Holding America Back
Many commentators these days, both progressive and conservative, decry a lack of opportunities for the American middle class, the concentration of certain industries under a…
Law & Liberty
A Declaration of Independence from the Administrative State?
At gatherings this July 4, there will likely be impassioned conversations about recent Supreme Court decisions. But it’s a ruling a few weeks ago from…
Blog
Defeat of Pot Banking Liberalization Will Lead to More Violent Crime and Reduced U.S. Competitiveness
It is beyond disappointing that Congress once again dropped the Secure and Fair Enforcement (SAFE) Banking Act—bipartisan legislation that would prevent the federal government from…
CrowdFund Insider
Competitive Enterprise Institute Securities Expert on Crypto Legislation: “It will have many positive effects”
CrowdFund Insider cites CEI Senior Fellow and Director of Finance Policy John Berlau on crypto: Berlau, a senior fellow and Director…
InsideSources
Critics Get ‘Whiff of Racism’ in Progressive Attempts to Shut Down Tribal Lenders
InsideSources cites CEI Director of Financial Policy and Senior Fellow John Berlau on interest rates: John Berlau, Director of Finance Policy…
Blog
Crypto Volatility Heightens with Panic-Driven Regulation
In reaction to the volatile events of the last few weeks, both the stock and cryptocurrency markets have taken a deep dive. While this downturn…
News Release
Bipartisan Cryptocurrency Bill Takes Good Steps for American Innovation
Today, Senators Lummis and Gillibrand released their much anticipated bill on cryptocurrency regulation. CEI financial policy expert John Berlau praised aspects of the bill…
Blog
George Washington, George Jarkesy, and the Administrative State’s Lack of Fundamental Justice
The recent ruling by the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC is a victory for limited constitutional government…
Blog
Credit Union Liberalization Bill Clears Away Never-Needed Red Tape
When I testified last July at a high-profile hearing on financial inclusion, I urged members of the House Financial Services Committee to liberalize regulations…
Blog
CEI Joins Groups in Telling SEC to Stay Away from Private Markets
It’s bad enough that Congress and the Securities and Exchange Commission (SEC) have made it so costly for smaller companies to go and stay public…
Blog
Lisa Cook’s First Amendment Problem Should Concern Senators
As early as Tuesday, the U.S. Senate could vote on the nomination of Lisa Cook to be a governor of the Federal Reserve, along with…
Comment
Joint Comments on the Securities and Exchange Commission’s Incursion into Private Markets.
RE: Private Fund Advisers; Documentation of Registered Investment Adviser Compliance Reviews (SEC Release Nos. IA-5955; File No. S7-03-22) Dear Ms. Countryman: The undersigned organizations appreciate…
Blog
My Response to the CFPB’s “Junky” Regulatory Inquiry on Fees
In response to the Consumer Financial Protection Bureau’s (CFPB) “request for information” on what its Director Rohit Chopra has labeled as “junk fees” on financial…
FOX Business
Biden Administration Moves on Taxing, Regulating Cryptocurrency
FOX Business cites Senior Fellow John Berlau on the Biden Administration’s recent moves to tax cryptocurrency: Thanks to a provision in the…
Comment
Comments to the Consumer Financial Protection Bureau on its Request for Information on “Junk Fees”
Dear Director Chopra: On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to the Consumer Financial Protection Bureau’s…
The Washington Times
Evictions on the Rise but Lawsuits, Nonpaying Tenants Still Vex the Rental Housing Market
The Washington Times cites Director of Finance Policy John Berlau on the effects of landlords being unable to enforce contracts and rules:…
Crowdfund Insider
JOBS Act of 2012: Ten Years of Legalized Investment Crowdfunding
Crowdfund Insider cites Director of Finance Policy John Berlau on outcome of the JOBS Act 10 years later: CI also spoke with John…
Blog
Celebrate Decade of JOBS Act as Deregulatory Success
10 years ago, a GOP-controlled House, a Democrat-controlled Senate, and a Democratic president came together to lighten the regulatory burden on America’s upstart job creators.
Blog
Why Cannabis Banking Liberalization Would Indeed Increase U.S. Competitiveness
As war continues in the aftermath of Russia’s invasion of Ukraine, interest by policy makers and the media has spiked in competitiveness bills passed separately…
Letters
CEI Joins Coalition Letter on Durbin Amendment
Dear Chairman Brown, Ranking Member Toomey, Chairwoman Waters, and Ranking Member McHenry: The undersigned organizations write in opposition to any legislation that would expand or…
News Release
SEC Climate Disclosure Rule Will Cause Big Problems, CEI Experts Predict
Today the Securities and Exchange Commission described a new rule it plans to impose concerning climate disclosure requirements that may affect even private companies as…
Forbes
Yes, Cannabis Banking Liberalization — SAFE Banking Act — Would Indeed Make U.S. More Competitive
As war continues in the aftermath of Russia’s invasion of Ukraine, interest by policymakers and the media has spiked in the America COMPETES Act, legislation…
News Release
After Bloom Raskin Withdrawal, Biden Should Nominate Someone Focused on Financial Stability, Monetary Policy
President Biden’s nominee to be Federal Reserve Vice Chair for Supervision Sarah Bloom Raskin withdrew her nomination from consideration today, after it became clear that…
USA Today
What Did Biden Get Wrong on Crypto? His New Order Threatens to Smother Innovation
President Joe Biden released an executive order Wednesday that could curtail opportunities that cryptocurrency provides for economic advancement, notwithstanding the order’s hopeful tone about…
News Release
CEI Statement: Biden Executive Order to Target Crypto for Regulation
The White House is set to release an executive order today regulating cryptocurrency. CEI Senior Fellow John Berlau expressed concerns about the order and the…
The Washington Times
What Would George Washington Have Done?
The Washington Times cites Senior Fellow John Berlau on his book, George Washington, Entrepreneur: John Berlau has just written a most interesting…
Blog
George Washington, Larry David, Cryptocurrency, and Freedom
One of the most talked-about Super Bowl ads was that of Larry David traveling through history and naysaying innovations that turned out to be hugely…
Blog
Lisa Cook’s First Amendment Problem
Today, the Senate Banking Committee is set to vote on five nominations for the Federal Reserve Board. My CEI colleague Myron Ebell and I have…
The Epoch Times
President George Washington: America’s ‘First Entrepreneur’
The Epoch Times cites Director of Finance Policy John Berlau on President George Washington: Private enterprises he founded had an effect on…
Blog
New Mexico Should Reject Interest Rate Limit Base on Federal Mismeasurement
There is an old saying that “a lie can travel halfway around the world while the truth is still putting on its shoes.” It has…
News Release
CEI Joins AEA in Opposing Sarah Bloom Raskin’s Nomination to Federal Reserve
The Competitive Enterprise Institute (CEI) signed onto a letter by the American Energy Alliance (AEA) opposing the White House’s nomination of Sarah Bloom…
Letters
Coalition Letter Opposing Sarah Bloom Raskin’s Nomination to Federal Reserve
Dear Chairman Brown and Ranking Member Toomey, As public policy groups who fight for free markets, sound science, and affordable energy, we write in opposition…
Blog
CFPB’s Dodd-Frank Race and Gender Data Collection Mandates Will Harm Financial Inclusion
In mid-2020, on the 10th anniversary of the Dodd-Frank financial overhaul being rammed through Congress and signed by then-President Obama, I catalogued the damage…
The Washington Times
Experts Say More Americans Will Face Debt, Credit Card Delinquency This Year
The Washington Times cites Director of Finance Policy John Berlau on the consequences of lockdowns: John Berlau, director of finance policy…
Comment
Comments to Consumer Financial Protection Bureau on Small Business Lending Data Collection By Race and Gender
Dear Mr. Chopra, On behalf of the Competitive Enterprise Institute (CEI), I respectfully submit the following comments in response to the Consumer Financial Protection Bureau’s…
National Review
The Fight for the FDIC
While the downfall of “Build Back Better” has been getting a lot of attention, it was not the only Washington policy drama…
News Release
Biden Bank Regulator Nominee Withdraws Due to Bipartisan Opposition
President Biden’s pick for Comptroller of the Currency withdrew today after critics, including the Competitive Enterprise Institute, exposed her many statements sympathetic to communism. CEI…
Law & Liberty
What’s in Your Wallet?
To help foot the bill for the “Build Back Better” budget reconciliation bill—originally slated to cost $3.5 trillion—the Biden administration proposed an unprecedented measure for…
The Epoch Times
Bank Regulator Nominee Tries to Detach From Her Bank Centralization Ideas During Hearing
The Epoch Times cites Senior Fellow John Berlau on a recent statement by Saule Omarova. John Berlau, senior fellow at the free-market…
News Release
Senators Should Reject Comptroller of Currency Nominee Saule Omarova
WASHINGTON – In a hearing today, Senators on the Banking Committee will consider the nomination of Saule Omarova to be Comptroller of the Currency. …
Letters
CEI Joins Letter Opposing Nomination of Saule Omarova for Comptroller of the Currency
November 5, 2021 The Honorable Sherrod Brown Chairman Senate Committee on Banking, Housing, and Urban Affairs 534 Dirksen Senate Office Building Washington, D.C.
News Release
President Biden Signs Problematic Crypto Provisions into Law
WASHINGTON – President Joe Biden signed the bipartisan infrastructure bill into law today, including more than one trillion dollars in government spending. In addition to…
News Release
CEI Experts Weigh In on Reconciliation Framework Agreed to by White House and Congressional Democrats
WASHINGTON – The White House and congressional democrats announced agreement on a “framework” for a reconciliation bill that will spend nearly $2 trillion and includes…
Blog
Lenny Bruce, Capitalism vs. Communism, and Biden’s Banking Nominee
At the height of the Cold War in the 1960s, then-controversial comedian Lenny Bruce offered a surprising boost to the defense of capitalism over communism.
Blog
“Stop Wall Street Looting Act” Would Empower Wall Street, Harm Main Street
Washington policies are often misnamed. Recent legislative proposals labeled “infrastructure” concerned not roads or bridges, but social spending. But sometimes, a bill in Congress…
Blog
Reconciliation Bill Provision Threatens IRA Holders’ Investing Opportunities
A couple of weeks back, I commented, in a Competitive Enterprise Institute blog post, on a provision of the $3.5 trillion budget reconciliation bill…
The Wall Street Journal
The Fed’s Dismal Digital-Dollar Idea
Alexander William Salter is spot on when he warns of the “Dangers of a Digital Dollar” (op-ed, Oct. 6) to financial…
Forbes
How Budget Reconciliation’s IRA Regs Undermine Bipartisan JOBS Act
In 2012, President Barack Obama signed into law the Jumpstart Our Business Startups (JOBS) Act, a bipartisan bill that reduced regulatory barriers preventing ordinary Americans…
News Release
Senate Should Weigh Disturbing Writings of Biden’s CFPB Nominee and Reform Unaccountable Agency
Today the Senate is expected to vote on President Biden’s nominee to head the Consumer Financial Protection Bureau, Rohit Chopra. CEI Senior Fellow John…
News Release
China Cryptocurrency Ban A Lesson For US: CEI statement
China’s plans to ban private cryptocurrency is terrible but also offers a lesson and opportunity for US policymakers, says Competitive Enterprise Institute financial policy expert…
Blog
Proposed New Restrictions Threaten Opportunity for Middle Class Investors
While President Biden and Congressional Democrats have called for reining in big firms through antitrust and other punitive policies, a tax provision contrived by Congress…
Blog
CEI Continues Fight for Cryptocurrency Freedom
Because the Senate failed to adopt the bipartisan Wyden-Lummis-Toomey amendment even after it was watered down, the infrastructure package’s cryptocurrency tax reporting provisions could destroy,…
News Release
Senate-Passed Infrastructure Bill Is a Gigantic, Counterproductive Spending Bill: CEI Analysis
The Senate today passed a complicated, controversial $1 trillion bipartisan infrastructure bill. CEI policy experts criticized the mammoth bill as a plan that will do…
Blog
Senate Should Pass the Wyden-Lummis-Toomey Cryptocurrency Amendment
The Senate must adopt the bipartisan Wyden-Lummis-Toomey amendment to ensure that the infrastructure package’s cryptocurrency tax reporting provisions do not destroy, rather than help build,…
Forbes
Infrastructure Bill Threatens Cryptocurrency Ecosystem: Why Is Crypto Being Targeted With More Tax Reporting Burdens Than Traditional Finance?
The Senate is poised to vote on an infrastructure bill containing tax-reporting “revenue” provisions that could have devastating effects on the business model of cryptocurrency…
Blog
Wisdom on the Interest-Rate Price Control Folly from John Stuart Mill to Thomas Sowell
Today, the Senate held a hearing entitled, “Protecting Americans from Debt Traps by Extending the Military’s 36% Interest Rate Cap to Everyone.” But the…
Testimony
Testimony of John Berlau Before the House Financial Services Committee, Subcommittee on Consumer Protection and Financial Institutions
Chairman Perlmutter, Ranking Member Luetkemeyer, and honorable members of this Subcommittee, thank you for this opportunity to present testimony on behalf of my organization, the…
News Release
CEI Experts React to President Biden’s Wide-Ranging Executive Order on Competition
President Joe Biden signed an Executive Order on Promoting Competition in the American Economy today, which the White House claims is aimed at enhancing…
Forbes
How Regulation Creates an Elite Investor Class
Forbes cites Senior Fellow John Berlau on his book, George Washington, Entrepreneur: How Our Founding Father’s Private Business Pursuits Changed America and the World:…
News Release
House Should Be True to America’s Credit Need and Reject Anti-True Lender Resolution
The House is expected to vote soon on a resolution that would un-do a valuable Trump-era deregulatory rule called the “True Lender” rule. CEI led…
News Release
Mark Calabria Had Excellent Stewardship of Fannie, Freddie While at Federal Housing Finance Agency
On news today that President Biden is replacing Trump appointee Mark Calabria as head of the Federal Housing Finance Agency (FHFA), which oversees government-sponsored enterprises…
News Release
House Judiciary Committee Antitrust Bills Would Compromise U.S. as Global Leader on Tech and Harm Consumers
Several antitrust bills were introduced today by members of the House Judiciary Committee, including the “American Innovation and Choice Online Act,” the “Platform Competition and…
National Review
The House Must Be True to the Credit Needs of American Families and Entrepreneurs
As America shows its resilience and recovers from a devastating pandemic, many American families and entrepreneurs need credit to rebuild their lives and…
Blog
Federal Interest Rate Cap and Overturning of “True Lender” Rule Threaten Credit Innovation
On May 11, the U.S. Senate passed a measure, which, though sold as stopping “predatory lenders,” would greatly limit access to credit from solid lenders…
News Release
House Financial Services Committee Should Look for Ways to Empower Middle Class Investors Post-Gamestop Controversy
A House Financial Services Committee hearing revisits GameStop-Robinhood-Reddit controversy from February, in which ordinary retail investors – fueled by social media-platforms – bested hedge funds…
Blog
Biden’s Carried Interest Tax Would Force All Partnerships to Carry Big Burden
“The Biden administration and its allies excel at leveraging crises to expand government,” observes my CEI colleague Wayne Crews on the Biden “infrastructure” plan.
Blog
Don’t Fear Crypto Dip; Fear Regulations that Will Harm America’s Cryptocurrency Lead
After a massive runup for the past few months, the cryptocurrency market experienced a slight dip over the past week and a half. This dip…
News Release
House-passed SAFE Banking Act Would End Federal Threat to Banks Dealing with Legal Cannabis Businesses
The House has passed a bill allowing banks to do business with cannabis companies, the SAFE Banking Act. While Senate action on the bill…
News Release
Regulators Should Let Cryptocurrency Firms Follow in Coinbase Footsteps
The successful cryptocurrency exchange platform Coinbase is poised to go public on April 14 amid high anticipation. CEI Senior Fellow John Berlau urges federal…
Blog
New CEI Paper Revisits Viral Exchange on Payday Loan Rates by Katie Porter and Kathy Kraninger.
It’s not every day an exchange about a technical measurement for loans goes viral on social media. During a 2019 House Committee on Financial…
Inside Sources
Government Mandates for APR Calculations on Small-Dollar Loans Mislead Consumers
As public health turns a corner and the travel industry begins to recover, imagine if the federal government were to impose a crazy rule on…
Study
The Annual Percentage Rate Is the Wrong Metric for Assessing the Cost of a Short-Term Loan
Think calculating the cost of a loan is simple? Not under the longtime rules of the federal government and many states. Consider the following recent…
News Release
Report: APR Calculation Misleading as Applied to Short-Term Loan Costs
A new Competitive Enterprise Institute report criticizes efforts by lawmakers and activists to impose a cap on small-dollar, short-term loans based on a hypothetical…
Comment
Comments to Financial Crimes Enforcement Network on Regulation of Cryptocurrency Wallets
View Full Document as PDF Comments of the Competitive Enterprise Institute To the Financial Crimes Enforcement Network In the matter of…
Small Business Advocate
AUDIO: How Much Does Private Crypto-Currency Threaten Sovereign States?
Senior Fellow John Berlau joins Jim Blasingame to debate the influence private cryptocurrencies could have on the marketplace, our relationship with government, and the viability…
Small Business Advocate
AUDIO: Dealing With the Reality of Digital Payments and Crypto-Currency
Senior Fellow John Berlau joins Jim Blasingame to discuss the difference between the government’s idea of a digital or crypto-currency and that of the private…
Small Business Advocate
AUDIO: What George Washington would think about 2021 America
Senior Fellow John Berlau joins Jim Blasingame to report how America’s father, George Washington, would think about the 2021 marketplace, and why he wouldn’t be…
Blog
Janet Yellen vs. Suze Orman on Bitcoin and Cryptocurrency
As Treasury Secretary Janet Yellen is testifying now before the House Financial Services Committee, she will likely get questions about the popularity of bitcoin…
Real Clear Markets
Why Walmart Bank Would Be Great for Business, Consumers
As small businesses and consumers struggle to stay afloat amid challenging economic times, access to credit, capital, and other financial services is critically important to…
Wealth Management
Gary Gensler Lays Out Enforcement Priorities at Senate Hearing
Wealth Management cites Research Fellow Richard Morrison and Senior Fellow John Berlau on the SEC and Gary Gensler: But representatives from the…
News Release
Senate Should Question Biden SEC, CFPB Nominees About Needed Constraints on Regulators
Today, the Senate Banking Committee is considering President Biden’s nomination of both Gary Gensler to head the SEC and Rohit Chopra to head the CFPB.
The Larry O'Connor Show
CEI Joins The Larry O’Connor Show to Discuss “George Washington, Entrepreneur”
Senior Fellow John Berlau joins The Larry O’Connor Show to discuss his new book, George Washington, Entrepreneur: How Our Founding Father’s Private Business Pursuits Changed…
News Release
House Hearing on Robinhood/GameStop Controversy Should Focus on Helping, Not Restricting Investors
On February 18 (tomorrow), the House Financial Services Committee will hold a hearing on the recent Robinhood-GameStop controversy. CEI Senior Fellow John Berlau cautioned…
The Jim Bohannon Show
AUDIO: John Berlau Joins Jim Bohannon to Discuss His Book “George Washington, Entrepreneur.”
Senior Fellow John Berlau joins Jim Bohannon to discuss his book “George Washington, Entrepreneur.”…
Blog
Young Investor’s Tragedy Should Not Cancel Robinhood and Other Fintech Investing Apps
Since the Gamestop-Reddit frenzy, the FinTech investing app Robinhood has taken a lot of arrows. Those who decried the stock market rallies blamed Robinhood for…
Federal News Network
AUDIO: Does Banking Fairness Come At A Fair Price To Consumers?
Senior Fellow John Berlau joins the Federal News Network to discuss the Fair Access Rule by the Office of the Comptroller of the Currency and…
Blog
Respect, Don’t Restrict, Retail Investors
Watching the wild gyrations of the stock market this week—and some of the reactions to it—brings to mind Ronald Reagan’s observations of the bureaucratic mindset…
News Release
CEI Praises Biden Decision Suspending ‘Fair Access’ Banking Rule
President Biden’s Office of the Comptroller of the Currency today announced that it was halting publication of a final banking rule, pending review. The late…
News Release
Senate Should Question Biden’s Choice to Head CFPB, Rohit Chopra, on Fair Process for Regulating Businesses
The Senate should question President-elect Biden’s nominee to head the Consumer Financial Protection Bureau out of concern that businesses get fair treatment in the regulatory…