How a law passed by Donald Trump ignited the latest banking calamity

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city of london
city of london

“Americans can rest assured that our banking system is safe. Your deposits are safe.” As guarantees go, they don’t come much better than a personal one from the US president – delivered from the White House lectern too, for added punch.

Yet the concern for Joe Biden is that his words, in the aftermath of the collapse of several American banks, not just Silicon Valley Bank (SVB), took a while to sink in.

Despite such reassurances, global bank shares continued to slide for a third day, with the panic spreading to Asia, pummeling regional financial lenders and share indices, before markets eventually staged a strong rally. Nevertheless, $465bn had wiped off financial stocks in the previous two days, Bloomberg has calculated.

The worst of the rout was concentrated in US regional bank shares. San Francisco-based First Republic lost 62pc of its value, Arizona-headquartered Western Alliance Bancorp fell 47pc and Cleveland’s KeyCorp dropped 27pc on Monday. First Republic and Western Alliance are also among six provincial lenders that have been downgraded by the ratings agencies Moody’s.

In one sense, this focus on a specific corner of the banking industry is reassuring because it suggests investors for the most part understand what the problem is.

The unravelling of SVB has shone the light back on a whole tier of mid-ranking but still sizable US banks that had more or less completely slipped off the radar.

Silicon Valley Bank - AP Photo/Jeff Chiu
Silicon Valley Bank - AP Photo/Jeff Chiu

It is an oversight that must be laid squarely at the door of Donald Trump, and has potentially serious implications for the Chancellor’s attempts to roll back financial services regulation in Britain through the so-called Edinburgh Reforms.

In 2018, Trump, the then-US president, signed a new law called the “Economic Growth, Regulatory Relief, and Consumer Protection Act”, but it may have just as easily been called the “Rainbows, Unicorns and Fairies Act” because the idea that you could have all three of those things at the same time is for the birds.

Yet despite the giant red flag of a name, the law was passed anyway, paving the way for widespread relaxation of rules that had been introduced in the shadow of the financial crisis to prevent a repeat of excessive risk-taking.

The argument at the time was that many of the provisions found in the Dodd-Frank Act amounted to a one-size-fits-all approach. Regional lenders insisted that they should not be the focus of the same level of supervision because they were not systemically important. They also claimed that the over-burdensome regulations would make it harder for them to provide a genuine alternative to the titans of American banking such as Bank of America and JPMorgan.