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Comment

CEI Comments on SEC Proposed Rules to Restrict Investor Access to Certain Funds

  • By: John Berlau, Ryan Radia
  • 04/30/2020

On behalf of the Competitive Enterprise Institute (CEI), we respectfully submit these comments in response to the Securities and Exchange Commission’s (SEC) notice of proposed…

Legal Brief

Petition for Rulemaking to End the Commission’s Backdoor Regulation of 12b-1 Fees

  • By: John Berlau, Sam Kazman
  • 04/30/2020

This petition is about the Securities and Exchange Commission’s thirty-year effort to effectively outlaw Rule 12b-1 fees, and the concerted campaign of subregulatory sabotage upon…

News Release

Broad Alliance of Financial Services and Public Interest Groups File Petition for Rulemaking Challenging SEC’s Unlawful Regulation by Enforcement

  • John Berlau
  • 04/29/2020

The need for our government to set forth consistent, predictable rules has never been greater, and the Securities and Exchange Commission (SEC) is no exception. …

Banking and Finance

Blog

SEC’s Shuttering of Fund Fees – #NeverNeeded and Never Authorized

  • By: John Berlau
  • 04/29/2020

Over the past month, CEI and others have pointed to #NeverNeeded regulations that are hindering our response to the COVID-19 pandemic and to economic dislocation.

Banking and Finance

Blog

Modified Libra Cryptocurrency Still an Innovation, but Clear away Regulatory Barriers for More

  • By: John Berlau
  • 04/21/2020

Libra and other cryptocurrencies could serve functions other than initially imagined. The potential for faster payments from Libra and other cryptocurrencies, at a time when…

Banking and Finance

News Release

Libra Cryptocurrency Progress May Aid COVID-19 Economic Recovery

  • John Berlau
  • 04/16/2020

The Libra Association today announced progress made on modifying its Facebook-developed cryptocurrency and payment system to meet regulatory concerns.

Tech and Telecom

Blog

How SEC Accounting Regulations Hindered National Stockpile—and Still May Be Doing So

  • By: John Berlau
  • 04/09/2020

In a new report, CEI experts outline #NeverNeeded regulations that are frustrating responses to the pandemic and its aftermath. Among those is an obscure Securities…

Health and Safety

News Release

Congress Should Reject Scheme to Use COVID-19 Stimulus to Impose Interest Rate Cap

  • John Berlau, Matthew Adams
  • 03/24/2020

Special interest groups are pressuring Congress to use the Coronavirus Stimulus Phase III bill as a vehicle for imposing a nationwide interest rate cap on…

Financial Regulation

News Release

CEI Experts Blast Attempts to Politicize COVID-19 Relief Bill

  • Clyde Wayne Crews, Iain Murray, John Berlau, Kent Lassman, Marc Scribner, Myron Ebell, Patrick Hedger, Ryan Young
  • 03/23/2020

While the nation suffers, Washington has descended into an unseemly squabble over the latest COVID-19 relief bill. Politicians from all quarters are attempting to expand…

Business and Government

Blog

Don’t Save Restaurants by Shafting Consumers

  • By: John Berlau
  • 03/20/2020

Restaurants are among the hardest—if not the hardest—hit of industries impacted by the COVID-19 pandemic. Like other industries, restaurants are lobbying Congress and state legislatures…

Banking and Finance

The Wall Street Journal

The SEC Wants to Be Your Nanny

  • By: John Berlau
  • 03/20/2020

A proposed rule would limit investments in risky funds to those with ‘financial sophistication,’ putting middle-class investors at a disadvantage.

Banking and Finance

The Washington Times

Don’t Let the SEC Snatch Funds from Middle-Class Investors

  • By: John Berlau
  • 02/18/2020

In recent speeches, President Trump hailed deregulation as key to fueling big economic gains for all types of workers. Mr. Trump reminded Americans in his…

Banking and Finance

Washington Times

Don’t let the SEC snatch funds from middle-class investors

  • By: John Berlau
  • 02/17/2020

In recent speeches, President Trump hailed deregulation as key to fueling big economic gains for all types of workers. Mr. Trump reminded Americans in his…

Forbes

Fed Continues to Disregard Rules When Putting Forth Its Own Rules

  • By: John Berlau
  • 01/16/2020

President Trump hasn’t minced words on his criticisms of the Federal Reserve. Now he has some backup from Congress’ bipartisan Government Accountability Office (GAO), which…

Banking and Finance

News Release

CEI Board Member Todd Zywicki to Head CFPB Task Force on Consumer Financial Law

  • John Berlau, Matthew Adams
  • 01/09/2020

The Consumer Financial Protection Bureau (CFPB) today announced that Competitive Enterprise Institute (CEI) board member and George Mason University Foundation Professor of Law Todd Zywicki…

Banking and Finance

Blog

Best Books of 2019: Year of Vindication for Mother of George Washington

  • By: John Berlau
  • 12/31/2019

August 25 of this past year was the 230th anniversary of the death of Mary Ball Washington, the mother of the first president of the…

Business and Government

Daily Caller

Sarbanes-Oxley is Hampering Investment—Look For Trump’s SEC to Fix It

  • By: John Berlau
  • 12/12/2019

“In the risk reform debate, as in so many political debates, logic is often for losers.” So lamented Competitive Enterprise Institute founder and president emeritus Fred L.

Banking and Finance

NewsMax

CFPB Litigation Won’t Help Student Borrowers

  • By: John Berlau, Matthew Adams
  • 11/27/2019

The efforts of Consumer Financial Protection Bureau (CFPB) Director Kathy Kraninger have gone a long way in reversing egregious Obama-era actions that plagued the agency,…

Business and Government

Blog

Consumer Financial Protection Bureau Should End Frivolous Student Loan Lawsuit

  • By: John Berlau, Matthew Adams
  • 11/19/2019

The efforts of Consumer Financial Protection Bureau (CFPB) Director Kathy Kraninger have gone a long way in reversing egregious Obama-era actions that plagued the agency,…

Banking and Finance

NewsMax

CFPB’s Kraninger Catching Flak—and Hitting Her Targets

  • By: John Berlau, Matthew Adams
  • 11/07/2019

An anonymous World War II bomber pilot may be the source of the saying, “If you’re not catching flak, you’re not hitting your target.” But today, the…

Banking and Finance

News Release

House Hearing on Proposed Cryptocurrency Premature, Focus Should Be on Regulatory Barriers to Innovation

  • John Berlau, Patrick Hedger
  • 10/22/2019

Ahead of a House Financial Services Committee hearing focused on Libra, a new cryptocurrency proposed by Facebook and other entities, Competitive Enterprise Institute experts John…

Business and Government

News Release

Supreme Court to Hear Lawsuit on CFPB Unconstitutionality: CEI Statements

  • John Berlau, Sam Kazman
  • 10/18/2019

On news today that the United States Supreme Court will hear a constitutional challenge to the Consumer Financial Protection Bureau, CEI experts said they were…

Business and Government

Blog

In Praise of Pro-Consumer Tenure of Finance Regulator Kraninger

  • By: John Berlau, Matthew Adams
  • 10/16/2019

As she prepares to give her semi-annual testimony to Congress this week—on Wednesday to the House Financial Services Consumer Financial Protection Bureau and on Thursday…

Banking and Finance

Blog

Feds: Gambling Fine, But Investing Too Risky

  • By: John Berlau
  • 09/24/2019

“In the risk reform debate, as in so many political debates, logic is often for losers.” So lamented Competitive Enterprise Institute founder and president emeritus…

Banking and Finance

News Release

Court Ruling Curtails Government Power in Fannie/Freddie Case

  • John Berlau, Sam Kazman
  • 09/09/2019

Competitive Enterprise Institute General Counsel Sam Kazman praised a Friday, Sept. 6 ruling by the United States Court of Appeals for the Fifth Circuit related…

Law and Litigation

News Release

GSE Reform Proposal a Positive Step Towards Reducing Government Role in Housing Finance

  • John Berlau
  • 09/05/2019

The Treasury Department today released a proposal aimed at reforming Fannie Mae and Freddie Mac, both Government Sponsored Entities or "GSEs." According to the proposal,…

Banking and Finance

Blog

Debt Collectors Keep Credit Market Flowing

  • By: John Berlau
  • 08/20/2019

Debt collecting is a profession that gets little love, but given the social good done by debt collectors who operate ethically and follow the rules,…

Banking and Finance

Comment

CEI Comments on CFPB Proposed Rule on Debt Collection Practice

  • By: John Berlau
  • 08/19/2019

On behalf of the Competitive Enterprise Institute (“CEI"), we are pleased to provide the following comment letter on the Bureau of Consumer Financial Protection’s (“Bureau”…

Banking and Finance

CCN

Ron Paul Fights for Bitcoin after Fed’s Payments System Threatens Crypto

  • By: John Berlau
  • 08/16/2019

CCN cites Senior Fellow John Berlau on FedNow and cryptocurrency: “Consumers already have numerous options to make real-time payments, so the Federal Reserve’s…

News Release

Federal Reserve’s FedNow Payments Processing System Illegal and Misguided

  • John Berlau
  • 08/05/2019

The Federal Reserve today announced plans to set up a payment processing system called “FedNow.”…

Banking and Finance

The Wall Street Journal

Death by Accounting?

  • By: John Berlau
  • 08/05/2019

The likelihood of a flu pandemic this season may be remote, but many in Washington don't want to take chances. Agencies from the Centers for…

Banking and Finance

News Release

Banks, Credit Unions Should Not Be Threatened for Doing Business with Cannabis Industry

  • John Berlau
  • 07/23/2019

Cannabis businesses have real trouble securing banking services, due to the fact their product remains illegal under federal law. Today the Senate Banking Committee held…

Banking and Finance

DepositAccounts

Banking 101: What Is the Durbin Amendment?

  • By: John Berlau
  • 07/22/2019

DepositAccounts cites Senior Fellow John Berlau on Dodd-Frank and the Durbin Amendment.  “In 2009, the year before Dodd-Frank, 76% of checking accounts were…

Banking and Finance

News Release

Heavy-Handed Regulations Could Deny Consumers the Benefits of New Facebook Cryptocurrency

  • John Berlau
  • 07/17/2019

The House Financial Services Committee will hold a hearing todayfocused on Facebook’s new cryptocurrency, “Libra.” The hearing will consider the cryptocurrency’s impact on consumers, investors and…

Banking and Finance

News Release

Mnuchin Pushes Discredited Arguments Against Cryptocurrency

  • John Berlau
  • 07/16/2019

On news today that Treasury Secretary Steven Mnuchin warned against Facebook’s proposed digital currency, Libra, as a national security risk and potential boon to “money…

Antitrust

Blog

Defiance of Congress Melts Federal Reserve Credibility

  • By: John Berlau
  • 07/11/2019

In advance of his testimony yesterday before the House Financial Services Committee, Federal Reserve Chairman Jerome Powell was the subject of a front-page story in The…

Banking and Finance

Consumer Reports

One Month Left to Opt Out of Chase Binding Arbitration

  • By: John Berlau
  • 07/10/2019

Consumer Reports cites Senior Fellow John Berlau on credit card regulations. According to John Berlau, a senior fellow at the Competitive Enterprise Institute,…

Consumer Freedom

News Release

Senate Bill Targets Big Tech but Empowers Regulators over Consumers or Investors

  • John Berlau, Patrick Hedger
  • 06/24/2019

Senate lawmakers Mark Warner (D-VA) and Josh Hawley (R-MO) have a new bill to force Big Tech firms (like Facebook, Google, and Amazon) to calculate…

Tech and Telecom

Blog

Facebook Libra Highlights Flaws of Fed Foray into Real-Time Payments

  • By: John Berlau
  • 06/19/2019

More than ten years after the pseudonymous Satoshi Nakamoto published the source code for Bitcoin, and after hundreds of other cryptocurrencies have been introduced, Facebook…

Banking and Finance

Phys.org

With Virtual Money, Facebook Bets on Disrupting the World, Again

  • By: John Berlau
  • 06/19/2019

Phys.org cites CEI’s Senior Fellow on Facebook’s new cryptocurrency. “If successful, Libra could have benefits for consumers and small businesses in reducing the transaction…

Monetary Policy

News Release

Regulators Should Let Consumers and Merchants Decide the Fate of Facebook’s Cryptocurrency

  • John Berlau, Patrick Hedger
  • 06/18/2019

Facebook, Inc. today released a white paper outlining plans to launch a new cryptocurrency named “Libra.” According to the white paper, Libra would be built…

Intellectual Property

Reason

Stop Treating the Government With Respect

  • By: John Berlau
  • 06/17/2019

Reason cites Senior Fellow John Berlau on regulatory agencies. Those strictures no longer look so strict. New York state’s blue-tribe government last year…

Banking and Finance

Fox Business

What Investors Need To Know About SEC’s New Broker Standards

  • By: John Berlau
  • 06/05/2019

Fox Business cites Senior Fellow John Berlau on new SEC broker standards.  “Hopefully, the new rules will protect investors from fraud and deception…

Business and Government

Blog

SEC’s ‘Regulation Best Interest’ Respects Investor Choice

  • By: John Berlau
  • 06/05/2019

Today, the Securities and Exchange Commission approved final rules that comprise “Regulation Best Interest,” which will govern conduct of broker-dealers in their transactions with retail investors. Any…

Banking and Finance

Blog

Don’t Let Credit Scoring Kerfuffle Compromise GSE Reform

  • By: John Berlau
  • 05/31/2019

Just when it seemed that reforming the government-sponsored enterprises (GSEs) Fannie Mae and Freddie Mac was becoming a “third rail” that politicians did not want…

Banking and Finance

The Hill

Federal Reserve defies White House and Congress on Banking Regulation

  • By: Daniel Press, John Berlau
  • 04/28/2019

President Trump and the Federal Reserve continue to clash over interest rates, but another simmering dispute concerns the regulatory burden the Federal Reserve and other…

Banking and Finance

Blog

Shed Light on Cryptocurrency ‘Dark Matter’ Regulation at SEC

  • By: John Berlau
  • 04/16/2019

A few days ago, the Trump administration issued a memorandum strongly discouraging what the Competitive Enterprise Institute’s Wayne Crews has called “regulatory dark matter.” The…

Banking and Finance

News Release

SEC Threatens Access to Cryptocurrency and Other Digital Goods

  • John Berlau
  • 04/10/2019

The Competitive Enterprise Institute today released a report warning that government regulation of cryptocurrency as a “security” threatens innovation in financial transactions and other consumer…

Banking and Finance

Study

Cryptocurrency and the SEC’s Limitless Power Grab

  • By: John Berlau
  • 04/10/2019

Many questions are being asked about cryptocurrency. Is it a major innovation that will improve standards of living in ways we cannot yet imagine? Or…

Banking and Finance

Blog

Lyft and the ‘Cheers’ IPOs: How Overregulation Leaves Middle-Class Investors Behind

  • By: John Berlau
  • 03/29/2019

After much anticipation, Lyft finally went public today, opening on NASDAQ at $87.24 per share—well above its initial public offering price of $72. Lyft’s market…

Banking and Finance

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