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Archives

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News Release

SEC’s Case Against Coinbase Threatens All U.S. Entrepreneurs

  • John Berlau
  • 06/06/2023

John Berlau, CEI Director of Finance Policy, today criticized the SEC for its ill-founded lawsuit targeting Coinbase: “The Securities and Exchange…

Banking and Finance

Blog

SPPI-TV hit: How price controls endanger small dollar loans, boost loan sharks

  • By: John Berlau
  • 06/02/2023

In my first media appearance from the sleek new CEI studios at our offices in Washington, DC, I joined a great panel on the May…

Banking and Finance

Blog

New credit card late fee rule hurts folks who pay their bills on time

  • By: John Berlau
  • 05/12/2023

There has rightly been an outcry after the Federal Housing Finance Agency (FHFA), which sets policy for the government-sponsored enterprises (GSE) Fannie Mae and Freddie…

Financial Regulation

Comment

CEI leads comments on CFPB’s $8 price controls on credit card late fees

  • By: John Berlau
  • 05/03/2023

In the matter of the proposed rule“Credit Card Penalty Fees (Regulation Z)”Consumer Financial Protection BureauDocket No. CFPB–2023–0010; RIN 3170–AB15 Prepared by: John BerlauDirector of Finance…

Banking and Finance

News Release

Congress Must Examine First Republic’s Woke Financing and Risk Management Regulation

  • John Berlau
  • 05/01/2023

Regulators today seized the failed First Republic bank and sold its operations to JPMorgan Chase. CEI financial policy expert John Berlau reiterated the need for…

Banking and Finance

Letters

CEI Co-Leads Coalition Letter Calling For External Audit of Fed on Bank Failures

  • By: John Berlau
  • 04/27/2023

As the Federal Reserve (Fed) readies its internal review of its actions leading up to the Silicon Valley Bank (SVB) collapse, we the undersigned organizations…

Banking and Finance

Wall Street Journal

CFPB Tries to Censor Speech on Chicago Crime

  • By: John Berlau, Stone Washington
  • 04/19/2023

The Consumer Financial Protection Bureau, a federal bureaucracy with a vast jurisdiction, is testing a novel approach to crime and punishment. In a lawsuit against…

Banking and Finance

News Release

Supreme Court Ruling Ensures People Can Challenge Agency Authority in Court

  • Devin Watkins, John Berlau
  • 04/14/2023

The Supreme Court ruled today that regulatory agency tribunals do not have any special expertise in deciding constitutional law questions; therefore, district courts can hear…

Law and Litigation

Blog

FedNow Isn’t a CBDC, But Still Contains Many Dangers

  • By: John Berlau
  • 04/07/2023

Over the past few days, “FedNow” has been trending on Twitter in tweets that contain healthy doses of curiosity and skepticism, well-founded concerns about privacy…

Banking and Finance

Blog

Finance Facts Trump Biden’s Blame Game on Banking Woes

  • By: John Berlau
  • 03/31/2023

Donald Trump dominated the news in more ways than one yesterday, as Biden officials attempted to place the Trump administration at the center of recent…

Banking and Finance

Blog

The Many Harms of Unlimited Deposit Insurance

  • By: John Berlau
  • 03/23/2023

Unlimited deposit insurance – the government guaranteeing that bank accounts of any size be made whole-in the event of a bank failure – would create…

Banking and Finance

Blog

The Risks of Bailing Out Silicon Valley Bank’s Uninsured Depositors and How to Make the Banking System Resilient

  • By: John Berlau
  • 03/15/2023

On Sunday evening, the Biden administration decided that all customers of the failed Silicon Valley Bank will have their millions and possibly billions in the…

Banking and Finance

News Release

Congress Shouldn’t Compound Silicon Valley Bank Collapse with Bailouts and Bad Ideas

  • Clyde Wayne Crews, John Berlau
  • 03/13/2023

The Silicon Valley Bank collapse has spurred some terrible policymaking ideas in Congress, exacerbating bad decisions by the bank that has led to its collapse.

Banking and Finance

Bloomberg

Biden Vows to Hold Banks Accountable, Urges Stronger Rules (2)

  • By: John Berlau
  • 03/13/2023

John Berlau, director of finance policy at the Competitive Enterprise Institute, said “prudent banks suffering the fallout from SVB should not…

Banking and Finance

News Release

Supreme Court Rightly to Review CFPB Funding Constitutionality

  • Devin Watkins, Iain Murray, John Berlau
  • 02/27/2023

The Supreme Court today announced it will review the constitutionality of the Consumer Financial Protection Bureau’s (CFPB) funding, an unusual arrangement of unchecked funding from…

Banking and Finance

Blog

Fed Economist: Study Shows Danger of Government-Mandated Financial Misinformation

  • By: John Berlau
  • 02/27/2023

Study from Fed Economist Shows Danger of Government-Mandated Financial Misinformation The “Twitter Files” have made some shocking revelations about government entities…

Business and Government

Blog

Study from Fed Economist Shows Danger of Government-Mandated Financial Misinformation

  • By: John Berlau
  • 02/24/2023

The “Twitter Files” have made some shocking revelations about government entities muscling social media companies to deplatform people in the name of preventing so-called…

Banking and Finance

Blog

Hearing Shows Bipartisan Momentum for Focused Financial Deregulation

  • By: John Berlau
  • 02/17/2023

Last week, I had the honor and pleasure of testifying at the first hearing of the newly constituted Financial Institutions and Monetary Policy subcommittee…

Banking and Finance

Testimony

CEI’s John Berlau Testifies Before House Financial Services Committee: Hearing: “Revamping and Revitalizing Banking in the 21st Century”

  • By: John Berlau
  • 02/08/2023

Chairman Barr, Ranking Member Foster, and honorable members of this Subcommittee, thank you for this opportunity to present testimony on behalf of my organization,…

Banking and Finance

Crowd Fund Insider

House Subcommittee on Financial Institutions Schedules Hearing to Discuss Banking and Need to Update Regulations in Line with Emerging Technology

  • By: John Berlau
  • 02/06/2023

CEI’s John Berlau is cited on Crowd Fund Insider on banking regulations: The House Subcommittee on Financial Institutions and Monetary Policy, part of the Financial Services…

Financial Regulation

News Release

CFPB Cap on Credit Card Late Fees = Price Controls that Raise Cost of Credit for Everyone

  • John Berlau
  • 02/02/2023

The Biden White House is touting a new proposed rule from the Consumer Financial Protection Bureau that would cap most credit card late fees…

Banking and Finance

Blog

Berlau Crypto Letter and Comments in Wall Street Journal and Washington Examiner

  • By: John Berlau
  • 01/27/2023

This week, I have had the honor of being quoted in a great article on cryptocurrency trends and regulation in the Washington Examiner and having…

Deregulation

Forbes

Fed Economist’s Study Shows Harm Of Government-Spread Misinformation On Small Loans

  • By: John Berlau
  • 01/12/2023

The “Twitter Files” have made some shocking revelations about government entities muscling social media companies to de-platform people in the name…

Banking and Finance

Blog

The Deregulatory Pony for Small Biz Buried in the Omnibus Pile

  • By: John Berlau
  • 12/23/2022

There’s not much good to say about an “omnibus” bill crammed in at the end-of-year lame duck session of Congress that contains a grab bag…

Banking and Finance

Wall Street Journal

The Meaning of the Bankman-Fried Indictment

  • By: John Berlau
  • 12/13/2022

The Wall Street Journal cites Senior Fellow John Berlau on the Sarbanes-Oxley law: “Earlier this year John Berlau and Josh Rutzick wrote in the Journal on the…

Banking and Finance

Blog

FTX Hearings Should Probe Fraud Charges and the SEC’s Misplaced Priorities

  • By: John Berlau
  • 12/13/2022

In the wake of the arrest of and charges of fraud against Sam Bankman-Fried, the disgraced founder and former CEO of the FTX…

Financial Regulation

Blog

Why Choke Point Should Bar Gruenberg from Being FDIC Chair

  • By: John Berlau
  • 11/29/2022

Tomorrow morning, the Senate Banking Committee will hold a hearing on President Biden’s nomination of Marty Gruenberg to once again serve as Chair of the…

Financial Regulation

Blog

Gensler Fiddled with ESG and Power Grabs while FTX Burned

  • By: John Berlau
  • 11/16/2022

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…

Financial Regulation

News Release

FTX Crypto Problems Reveal SEC Shortcomings, As Well: CEI Analysis

  • John Berlau
  • 11/15/2022

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:…

Tech and Telecom

Blog

Reining in Biden CFPB’s “Junk” Policies with Fifth Circuit Ruling

  • By: John Berlau
  • 10/27/2022

When the federal Fifth Circuit Court Appeals ruled last week, in Community Financial Services v. Consumer Financial Protection Bureau, that the funding structure of…

Financial Regulation

News Release

Biden Wrong About “Junk Fees” in Sweeping Government Mandate

  • John Berlau, Ryan Young
  • 10/27/2022

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…

Banking and Finance

News Release

Court Rules CFPB Funding Structure Unconstitutional: CEI Statements

  • Devin Watkins, John Berlau
  • 10/20/2022

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)…

Banking and Finance

Blog

Excerpts from Austin Keynote: How CBDCs Could Be the New Operation Choke Point

  • By: John Berlau
  • 10/12/2022

This week, I attended the exciting INFiN MoneyTrends conference in Austin, where I gave the Regulatory Keynote address on Monday. The conference is a…

Deregulation

Blog

FTC Goes Back to Bad ‘70s Policies in Motor Vehicle Dealer Rule

  • By: John Berlau
  • 09/16/2022

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…

Financial Regulation

Comment

Comments to the Federal Trade Commission Regarding the Motor Vehicle Dealers Trade Regulation Rule

  • By: John Berlau
  • 09/12/2022

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…

Deregulation

Blog

Paternalistic FTC Rule Would Stifle Consumer Choice in Auto Market

  • By: John Berlau
  • 09/09/2022

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…

Consumer Choice

Blog

Prominent Short Sellers Target ESG-themed Firms

  • By: John Berlau
  • 08/18/2022

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…

Financial Regulation

Blog

Why Carried Interest Tax Hike Deserves to Die in IRA and Otherwise

  • By: John Berlau
  • 08/05/2022

The Inflation Reduction Act (referred to by critics such as Phil Kerpen as the Income Reduction Act) will likely be voted on in the…

Financial Regulation

Wall Street Journal

The 20-Year Experiment Holding America Back

  • By: John Berlau, Joshua Rutzick
  • 07/28/2022

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…

Banking and Finance

Law & Liberty

A Declaration of Independence from the Administrative State?

  • By: John Berlau
  • 07/08/2022

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…

Deregulation

Blog

Defeat of Pot Banking Liberalization Will Lead to More Violent Crime and Reduced U.S. Competitiveness

  • By: John Berlau
  • 06/23/2022

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…

Deregulation

CrowdFund Insider

Competitive Enterprise Institute Securities Expert on Crypto Legislation: “It will have many positive effects”

  • By: John Berlau
  • 06/13/2022

CrowdFund Insider cites CEI Senior Fellow and Director of Finance Policy John Berlau on crypto: Berlau, a senior fellow and Director…

Deregulation

InsideSources

Critics Get ‘Whiff of Racism’ in Progressive Attempts to Shut Down Tribal Lenders

  • By: John Berlau
  • 06/10/2022

InsideSources cites CEI Director of Financial Policy and Senior Fellow John Berlau on interest rates: John Berlau, Director of Finance Policy…

Deregulation

Blog

Crypto Volatility Heightens with Panic-Driven Regulation

  • By: John Berlau
  • 06/10/2022

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…

Financial Regulation

News Release

Bipartisan Cryptocurrency Bill Takes Good Steps for American Innovation

  • John Berlau
  • 06/07/2022

Today, Senators Lummis and Gillibrand released their much anticipated bill on cryptocurrency regulation. CEI financial policy expert John Berlau praised aspects of the bill…

Financial Regulation

Blog

George Washington, George Jarkesy, and the Administrative State’s Lack of Fundamental Justice

  • By: John Berlau
  • 05/31/2022

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…

Deregulation

Blog

Credit Union Liberalization Bill Clears Away Never-Needed Red Tape

  • By: John Berlau
  • 05/16/2022

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…

Financial Regulation

Blog

CEI Joins Groups in Telling SEC to Stay Away from Private Markets

  • By: John Berlau
  • 05/09/2022

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…

Financial Regulation

Blog

Lisa Cook’s First Amendment Problem Should Concern Senators

  • By: John Berlau
  • 04/25/2022

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…

Financial Regulation

Comment

Joint Comments on the Securities and Exchange Commission’s Incursion into Private Markets.

  • By: John Berlau
  • 04/23/2022

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…

Banking and Finance

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