
Mammoth Federal Agency Threatens Local Banks and
Businesses
By Rod Hirsch
Already reeling from a crippled economy, local banks
and businesses are looking down the barrel at
another layer of regulation and bureaucracy that
industry experts warn could cripple small businesses
and stifle the availability of capital to finance
expansion, replace inventory, purchase supplies or
cover payroll.
A far reaching piece of legislation weaving its way
through Congress intended to protect the American
consumer from unfair financial products and
practices could further tie the hands of banks
currently accused of closing the lending tap and
paralyze small businesses, the nation’s
largest employment sector, according to bankers and
business leaders in Washington and New Jersey.

The Consumer Financial Protection Agency Act
pending in Congress reportedly will make it more
difficult for small businesses like printing company
AJ Images of Roselle to secure credit and financing.
The Consumer Financial Protection Agency Act (CFPA)
is a goliath package of regulatory reform prompted
by the colossal meltdown of Wall Street and the
nation’s
banking and financing system. The legislation, which
would create the Consumer Financial Protection
Agency, was passed by the House of Representatives
in December and is pending in the Senate.
The CFPA will protect consumers from dangerous and
usurious financial products and services, according
to the bills’ sponsors. It would have the power to
set basic standards for financial products, ban
practices such as teaser rates on loans, and require
easy-tounderstand contracts for credit cards and
mortgages.
The U.S. Chamber of Commerce, representing more than
3 million businesses and organizations, strongly
opposes the CFPA and has mounted a national lobbying
effort against the bill. The chamber maintains the
agency would add an unnecessary layer of regulation
on banks, reduce choices of financial products,
stifle innovation and make credit even harder to
get.
“The CFPA is the wrong approach to consumer
protection,” said David Hirschmann, president and
CEO of the chamber’s Center for Capital Markets
Competitiveness. “Rather than directly addressing
the failures in regulation that contributed to the
current economic crisis, the CFPA simply adds a new
agency with unprecedented power on top of a broken
regulatory system.”
According to the chamber, many suppliers of consumer
financial service products are small firms such as
community banks. It contends the CFPA would harm
these smaller suppliers by imposing fixed costs of
compliance that weigh disproportionately on smaller
firms and encouraging product standardization that
benefits larger entities.
In addition, only larger firms have the
sophisticated legal staff to cope with waves of
new regulations. The CFPA will hurt small
businesses, as well, the chamber maintains. Many
rely on credit cards, home equity loans, auto title
loans and other sources of consumer lending to
finance their businesses. The CFPA would likely
reduce an important source of credit to small
businesses, creating a credit squeeze that would
likely result in business closures, fewer startups
and slower growth.
In addition, the CFPA will adopt a one-size-fits-all
approach to consumer protection
that ignores the fact that small businesses use
consumer financial products differently than the
average consumer, according to the chamber.
“This would create such uncertainty that banks would
begin offering only plain vanilla
financial products to protect themselves from
liability and more visits from the regulators,”
Hirschmann said. “Proponents think that’s a good
thing. What we know is that as a small business,
plain vanilla simply isn’t available. If the small
business owner can’t get loans based on title loans,
home equity, a personal credit card, they wouldn’t
be able to keep their doors open.”
In addition, the CFPA will have unprecedented power
to regulate industries across a vast spectrum – not
just financial institutions, but hundreds of
thousands of other businesses such as retailers that
sell gift cards, high schools and colleges that
provide financial literacy courses, technology
companies, media companies, lawyers who advise
consumers on tax or debt matters, and many
retailers, utilities and doctors that let consumers
pay their bills over time, according to the chamber.
“Consumer protection is a fundamental part of
financial regulation. How to do it the right way is
our concern,” Hirschmann said. “Consumer protection
failed under the current structure. You only need to
look at sub-prime loans, Bernie Madoff and other
things.
“From our perspective, creation of yet another
stand-alone regulator with sweeping powers is the
wrong way to do it. The current structure already
suffers from too many layers…Our beef with the CFPA
is that it is overly broad and seeks to regulate
those who had nothing to do with the regulatory
crisis.”
There are seven regulatory agencies already
responsible for protecting consumers that have the
authority to prevent most, if not all, the abuses
that brought harm to consumers, including the
Federal Trade Commission, the Federal Reserve, the
Federal Deposit Insurance Corporation and others,
according to the chamber’s analysis.
“The right approach to improving consumer protection
is to first take immediate steps to address the
agencies’ failure to use their authority to monitor
potential abuses and take the necessary actions to
stop them,” Hirschmann said. “Where there are gaps
in regulatory authority, Congress should fill them.”
Specifically, the chamber recommends creating a
Consumer Protection Council to ensure coordination
of regulatory and enforcement actions among the
federal financial regulators.
Locally the CFPA is opposed by the New Jersey
Bankers Association (NJBA).
“One of our primary objections to the CFPA is
setting up an agency to regulate banks as well as
others,” said Jim Silkensen, co-president of the
association. “We wouldn’t care if it were set up to
regulate mortgage bankers and those more lightly
regulated industries that were part of the problem
with what happened with the economy.”
Silkensen cited the sub-prime mortgage fiasco that
triggered the financial meltdown.
“Traditional banks like those in the NJBA have been
very tightly regulated by the FDIC and other
agencies and continue to be,” Silkensen added.
“There is no need to create yet another bureaucracy
to govern consumer protection.”
Silkensen also is concerned that the proposed agency
would wield too much power.
“The
agency has extraordinary powers as written,” he
said. “It’s able to dictate almost anything – what
products banks could offer, how they were to
advertise. That’s just not necessary for banks. New
Jersey banks are very conservative in how they
underwrite loans. I’m not aware of any bank in New
Jersey that was marketing sub-prime mortgages.”
The Independent Community Bankers Association
opposes the CFPA, as well.
“The impact of the CFPA on community banks is that
it would impose additional burdens which would
further divert the banks’ attention from serving
their core business and having to focus more and
more attention on additional regulations,” said
Steve Verdier, executive vice president & director
of congressional affairs for the association.
“One thing we’re trying to do is redirect this
effort towards financial providers that have not
been examined the way community banks have been
examined…We want to make sure the big banks are
under tougher scrutiny and that brokers don’t
continue to engage in wild practices. The mortgage
story had fundamental problems. Non-bank lenders
persuaded people to take out mortgages that were
absolutely ridiculous so they could then sell those
mortgages to other banks on Wall Street. We know
what those results are.”
Top


Health Care Reform Old Hat for
Union County Non-Profit
By Gina Diorio
As health care costs skyrocket and
companies look to limit or even cut employee
coverage, offering comprehensive benefits, keeping
costs well below national levels and saving money in
the process seems more like a carnival elixir than a
real prescription.
Yet one Union County non-profit is
doing just that and has the record to prove it.
For 20 years Community Access
Unlimited (CAU), an Elizabeth-based human services
organization serving people with disabilities and
at-risk youth, has been bucking the trend of
ballooning health insurance costs and setting a
standard for organizations nationwide.
“Back in the late 1980s, we had…the
typical major medical and catastrophic insurance,”
said Sid Blanchard, CAU executive director. When
Blanchard learned CAU’s health insurance costs were
poised to spike 50 percent, the typical approach
went out the window.
“I said this is unacceptable. There’s
got to be a better way,” he recalls.
Blanchard chose to tackle health care
with the same entrepreneurial mindset he used in
growing CAU from a limited venture funded by a
one-year, $90,000 grant and operated out of his car
to a $30 million agency with 500 full- and part-time
employees. He researched health care options,
consulted experts in various fields and chose to
self-insure the agency in 1990.
CAU has been enjoying below-average
health insurance increases ever since.
In 1999 CAU adopted a Voluntary
Employee Beneficiary Association (VEBA) to further
help contain costs. Established by the IRS under
section 501(c)(9) of the Internal Revenue Code, a
VEBA is an association created to provide life,
sick, accident, and other benefits to members or
their dependents or beneficiaries.
Initially CAU’s self-funded plan
mirrored the benefits of a traditional plan. Today,
however, the advantages of the agency’s chosen path
are striking.
For example, according to the
National Small Business Association, 10 percent of
small businesses are considering
canceling health care coverage. Conversely, CAU
offers comprehensive coverage to nearly 300 enrolled
individuals and will even be adding benefits in 2010
– all with no employee premium payments.
Moreover, while a report by the Johns
Hopkins University shows more than 35 percent of
U.S. non-profits saw health insurance costs jump by
11 percent or more during the past year, CAU has
held increases to just 3.3 percent in each of the
last five years, and Blanchard projects no increase
at all for 2010. The agency’s monthly cost for base
coverage is about $460 for an individual and $1,150
for a family.
Furthermore, as a side benefit of
controlling health care costs, CAU is able to pay
employees slightly more than most
non-profits.
“We’re able to take the money that
would normally pay for typical industry rate
increases of 10 to 15 percent per year (and) utilize
that money to invest back in our employees,”
Blanchard said.
According to Eric Burckhardt, senior
consultant at Meritain Health – CAU’s plan
administrator and the nation’s largest independent
service provider for self-funded health plans – the
key to successful self-insuring and cost containment
is understanding past experience and where claims
dollars are going.
“You’re paying for what you use as
opposed to paying for what everyone else in the pool
is using,” he said. “You’re really buying (coverage)
a la carte…The end user sees they have insurance
coverage, but if any one component … doesn’t work or
needs to be changed, we can swap in a different
component.”
In short, Burckhardt notes, it is not
one size fits all.
Although CAU has saved approximately
$1 million in health care costs over the last five
years and currently enjoys a VEBA funded to $2
million, for Blanchard the story is really about
people.
“It’s a matter of caring and caring
about doing the right thing,” he said, noting most
of CAU’s employees are single heads of households
and many are women and minorities. “The people who
work here tend to be moderate-income people…Health
benefits are essential.”
CAU’s success does not mean the
journey has always been easy. Not only does
self-funding require added effort but it also
demands the courage to do something different.
Perhaps this is why CAU is currently the only
non-profit in the nation to employ this model.
Blanchard would not have it any other
way.
“It’s the golden rule: those who have
the gold make the rules,” he said. “I knew that if
we were going to be effective, we were going to have
to be able to control our destiny.”
By taking an entrepreneurial approach
to health care, CAU has overcome powerful trends to
do the seemingly impossible: meld access with
affordability and provide comprehensive and
expanding health benefits to employees and their
families. While the rest of the nation waited for
Congress, health care reform has become a reality
for at least one pioneering non-profit.
Top



By Andy Gole

Previously I have written of the three fatal flaws
in designing a selling process:
1. Assuming prospects enter conversation with
serious intent – they won’t.
2. Assuming prospects believe what we say – they
don’t.
3. Assuming prospects know how to make a decision –
often they can’t,
particularly for infrequent decisions.
Management ignores these flaws at their peril.
Selling is further challenged by these
self-inflicted wounds salespeople bring to the
selling process:
1. Putting social values before business values –
the major cause of salesperson failure.
2. Refusing to accept the standard of “earning the
right” to business.
3. Operating on a “best efforts” vs. “do or die”
basis.
Management and ownership too often ignore these
flaws and self-inflicted wounds, itself another
fatal flaw that dooms the selling effort. It’s an
unintended negative consequence of proper risk
management.
Risk Adjustment – system design failure
Consider what we learn from the article, “Is Your
Risk System Too Good?” which appeared in
Risk Management Association
in October. The article describes how proper risk
management often leads to overconfidence and,
unintended, more risky behavior.
For instance: if your car has anti-lock breaks,
four-wheel drive and passenger and side air bags,
you might feel safe enough to drive 65 mph on ice.
After all, you reason, there are safety systems
protecting you. Your driving behavior is riskier
than it would have been in the absence of these risk
mitigants.
The article describes how Bankers Trust and Long
Term Capital Management failed despite industry
leadership in risk management. The strength of the
risk management system led to top executive
overconfidence.
Could a similar phenomenon occur with corporate
sales management?
Companies invest in product development, facilities,
branding, etc., to establish powerful market
positions. Ownership’s reliance on successful
corporate strategy leads to a risk adjustment,
regarding both the importance and proper deployment
of the sales team. Strategy is supreme, sales a
hanger-on, perhaps a necessary evil.
By contrast, in a healthy company selling is
embraced as a multiplier of successful strategy,
helping provide the cash flow to fund the company’s
next breakthrough.
Not surprisingly, ownership and management often
allow salespeople to become order takers – having
concluded they can rely on corporate strategy. The
unholy alliance between salespeople and management
is enshrined:
• Salespeople don’t sell properly because of their
value systems, putting social values before business
values, and also because they don’t have a process
to overcome the three fatal flaws.
• Executives aid and abet these defects, relying on
their risk mitigants, on corporate strategy. They
aren’t motivated to solve the three fatal flaws, to
teach salespeople to put business values first.
(Perhaps they also put social values first).
Successful corporate strategy becomes a narcotic,
numbing executives, causing them to ignore their
sales management responsibilities.
Fortunately, there is a solution. A change in system
design is necessary. It has these components:
1. Sales must be seen as a multiplier of successful
strategy. Proper selling increases the rewards of
successful strategy.
2. To prevent the natural operation of risk
adjustment, the positive impacts of corporate
strategy must be divorced from selling.
No matter how strong the corporate strategies and
results, the sales department must operate on the
premise sales are declining or a decline is
imminent. This will defeat the unintended
consequences of risk adjustment.
The sales team must be developed into a team of
warriors, constantly improving skills, in good times
or bad.
There must be a permanent crusade.
Such a
team can deliver a 20 percent increase in sales and
prevent risk adjustment.
© Bombadil
LLC 2010
_______________________________________________________________________________________________
Andy Gole has taught selling skills for 14 years. He
started three businesses and has made approximately
4,000 sales calls, selling both B2B and B2C. He
invented a selling process, Urgency Based Selling®,
with which he can typically help companies double
their closing or conversion ratio. Learn more about
Andy’s method at
www.bombadilllc.com
or by calling him at 201.415.3447.
Top





By Joe Takash
As 2010 moves forward and we face another uncertain
year in business, companies must equip themselves
with smart practices to position themselves for
greater opportunities as the year moves forward.
These begin with those who lead the company. Here
are four tips leaders must consider to keep
performance and profit from going right back up the
chimney.
Retain your top talent

Communicate with your people. In the absence of
feedback, people will create their own and it’s
usually negative. Your people must be informed about
what is going on, why things are happening and how
they contribute.
Make individual meetings a standard. The only way to
truly get the best ideas and
perspectives out of people is in a trusting
atmosphere. In business environments, group settings
are not that atmosphere. Meeting with your folks
individually, ask open-ended questions and listen.
Companies are failing because they don’t practice
this crucial leadership technique.
Compliment people. Do you remember how it feels when
someone provides you
encouragement and positive feedback on your unique
qualities? We all share the common need for
appreciation. Be creative and courageous. While it’s
important to state the needs for improvement and
performance, be sure to express what people are
doing right.
Determine what motivates your people
Think about a sports team that may be talented but
doesn’t play with passion. They
place themselves in a far more vulnerable place, one
that is susceptible to defeat. Similarly, leaders,
like coaches, must find what motivates their staff
members and intact teams. Doing so allows them to
maximize their confidence, talent, performance and
creativity.
Tapping
into the motivations of your organization creates a
winning energy. In a time when so many companies are
operating from a place of of fear, you can
differentiate yourself with a play-to-win approach
because you have a motivated workforce.
Embrace a culture of teaching leadership
Business leaders have teaching moments every single
day. By what they say and do they are influencing
right and wrong, ineffective decisions and smart
choices. A teaching leader is an individual who
realizes this. They make educating and developing
those around them a priority value.
The challenge around leaders who teach is they
really don’t know how to do so. Teaching hasn’t
occurred until learning has been confirmed. Telling
isn’t teaching. Data dumping is not educating.
Executives must practice focus and patience. They
must be great listeners and understand that direct
reports learn in different manners. Some are
analytics who require visual repetition. Others need
to be shown how to do things and physically practice
them.
These components of business education are integral
for establishing a culture of learning, teaching and
constant development. The teaching leader is a
rarity because it requires an others-centered ego
while simultaneously accomplishing the complex
responsibilities that many organizations require.
Pass the bucks(s)
As employees evolve into positions of management,
responsibilities expand, necessitating leaders to
lead people and get away from the daily tasks.
Unfortunately, many managers are either not
comfortable with big picture leadership and the
interpersonal requirements of higher leadership or
they can’t let go because they feel like things will
not get done the right way or fast enough if they
don’t do it themselves.
Learning to let go is not easy, particularly for
those who are high-controlled and very
organized. Yet it can be done and must be done if an
individual is to go to a higher level in an
organization. As importantly, not letting go can be
disastrous for eroding trust and killing the
motivation and development of emerging leaders.
Leaders should incrementally delegate
responsibilities. In time, they’ll realize that
their team members can accomplish more than they
ever thought and (gulp!) can periodically do things
better and faster than they can.
Letting go creates a culture of capable, talented
team members who can contribute value and success to
an organization from many different vantage points.
Joe Takash is a behavior strategist and founder of
performance management firm Victory Consulting. He
can be reached at 1-888-918-3999 or
www.victoryconsulting.com
Top







Inside Views
You Can't Always Get What You Want
The recent passage of health care legislation a
couple weeks back by the U.S. Senate was really
touch and go. Not because the passage was ever in
doubt.
The difficulty was the ability to end debate and
bring the motion to a vote.
While passing a piece of legislation requires a
simple majority of 51 votes, ending debate requires
60 votes. These 60 votes were only garnered by
serious changes to the legislation and huge bribes
to a couple of western and southern senators.
Many think this oddly called cloture rule is
unconstitutional and not what our founding fathers
intended.
Cloture rules which end debate, sometimes called
filibuster, are a tool of the minority. They are
used to prevent important matters from being
decided.
While it is true that the founding fathers did not
include the cloture concept in the Constitution, I
think they would see it as an important and useful
rule. The Constitution was designed to provide
checks and balances.
Its intent was to ensure that studious effort went
into any decision, and that compromise was achieved.
The thought of ramming something through would have
been abhorrent to its framers.
The tyranny of the majority was a key concept to
Alexander Hamilton and James Madison, the two major
intellects behind the Constitution. They understood
that for a democracy to succeed, the rights of the
minorities had to be protected from the passions of
the majority.
In fact, the Senate was set up primarily to ensure
this. At the time the Constitution was written there
were 13 states. Some like Virginia and New York had
large populations. Others like Rhode Island and
Vermont did not. The small states needed protection
from the large states and a body that equally
represented all states
would offset the power of population as represented
in the House of Representatives. The Senate was to
be another check on the passions of a majority
faction.
Okay, so why wasn’t this enough? Why did someone
come up with the idea of the filibuster and later
the concept of cloture to bring filibusters to an
end?
What Madison and Hamilton did not foresee was the
ascendency of political parties, at least when they
were framing the Constitution. Parties are by
definition factions. Their power is their ability to
get their members elected and then control them once
they are in office. In this country for some reason
we have always had two major parties, meaning a
majority faction and a minority faction.
Interestingly, when Hamilton started running the
government (he was Secretary of the Treasury in
Washington’s administration), he did an about-face
and created the first faction which ultimately
became the Federalist Party. He did this so he could
ram his agenda through Congress. Thomas Jefferson,
his arch enemy, founded the Democratic-Republicans
with James Madison to stymie Hamilton and push his
own agenda.
Filibusters came along in the 1840s as a way for the
minority to stop the majority from doing what it
wanted. The idea of closing off debate, i.e. ending
a filibuster, was a new rule added during the Wilson
administration. Back then, it took 67 votes to end a
debate.
The legislative strategy of using debate to prevent
action is as old as this country. It has often been
used to prevent or delay very admirable pieces of
legislation. One of the most effective filibusters
was Senator Robert Byrd from West Virginia using the
technique in an attempt to prevent the passage of
civil rights legislation by a coalition of northern
Republican and Democratic senators.
More recently, when the Senate was controlled by
Republicans during the Bush administration, there
was a lot of talk about reforming the system of
cloture. At that time the minority Democrats were
using filibusters to block judicial appointments and
prevent an earlier attempt at health care reform
known as association-based
health plans.
So pray that we keep the present system. The health
care bill that finally passed is a lot better than
it would have been without cloture. You may not
always get what you want, but this system prevents
the tyranny of the majority.
James Coyle
President
Copyright James Coyle 2010
Top



Where The Chamber Stands
Time to Let Business Breathe
In the state of New Jersey it is illegal to sell
spray paint without posting a notice of the
penalties for graffiti by a juvenile. Really – look
it up. In Newark it is against the law to sell ice
cream after 6:00 p.m., unless the customer has a
note from his or her doctor. In Ocean City diners
may not slurp their soup. And there is an ordinance
against throwing bad pickles in the street in
Trenton.
Bad laws, it seems, are fine.
While these laws are comical and, one presumes,
rarely if ever enforced, regulation f the business
community in New Jersey is more of a tragedy than
comedy. New Jersey is burdened with volumes of very
real laws, regulations and red tape procedures that
have been suffocating economic development for
years. With a new administration taking up residence
in the statehouse which promises to be
business-friendly and streamline government, now is
the ideal time to cleanse the state books of this
paralysis-inducing death grip of regulation.
In 2007 the state Department of Environmental
Protection (DEP) proposed 2,000 pages of new
regulations that would be detrimental to both
existing businesses and new business development –
and by extension, employment and contribution to
local and state tax rolls.
For example, New Jersey is riddled with contaminated
sites that require remediation before they can be
returned to economically productive use. Yet DEP
regulations would require those performing
remediation work to provide notice of the work to
everyone who works, lives or recreates within 200
feet of the site – in their native language. Clean
up the site but first find out if anyone nearby
speaks Serbo-Croation.
The public access rule provides even more comic
tragedy. In an effort to ensure that the public has
adequate access to the state’s beaches, lakes,
rivers and streams, New Jersey mandates that all
private property owners along waterways provide
public access – or in legalese, “the private owner
may never interfere with the public’s right to
access tidal waterways and their shores adjacent to
their property.”
So anyone wishing to fish off the back of a refinery
in Linden should just knock on the guard’s door at
the front gate and ask for access.
It is no wonder that The Small Business Survival
Index 2009 ranked New Jersey 50th out of 51, behind
only the District of Columbia. The annual index is
released by the Small Business & Entrepreneurship
Council and measures 36 major government-imposed or
-related costs impacting small businesses and
entrepreneurs. The Tax Foundation ranks New Jersey
as the second least business-friendly state in the
nation. And a recent survey by the New Jersey
Business and Industry Association found that just 11
percent of the state’s businesses consider New
Jersey a good place for expansion, a record low.
As a candidate Gov. Chris Christie repeatedly called
for a streamlining of state regulations and
procedural requirements to ease the burden on the
business community and help New Jersey strengthen
its economy. While that is music to the ears of
business owners and managers from Cape May to High
Point, it should sound good to the state’s residents
and workers, as well. The exit of businesses no
longer able to tolerate the state’s onerous
regulatory environment, combined with a reluctance
of out-of-state businesses to relocate here,
ultimately hurts both Main Street – with vacant
store fronts and empty office buildings – and Elm
Street – with lower employment and property taxes
rising to cover lost ratables.
Plus it just makes sense.
For far too long the DEP and other state agencies
and departments have treated New Jersey businesses
as the enemy. Business owners and managers care
about the environment, public health and the
vibrancy of the state as much as everyone else. They
live here too.
If New Jersey sinks, we all sink. It’s time to right
the ship.
The current blanket of regulations and procedural
red tape that is stifling business in New Jersey
stinks like an old dusty comforter left too long on
a guest bed. It is time to hang it outside and beat
it clean. Better yet, let’s bring in fresh linen,
open the drapes and windows and let the sunlight
warm the air.
The Christie administration should clean the books
of onerous and unproductive regulations and laws.
Keep those that are appropriate to protect consumers
and the environment, modify those that could work
better and erase others altogether. Making New
Jersey more business-friendly will help everyone.
There will be more commerce, more taxes and more
jobs.
We have
more to worry about than graffiti, slurping soup and
bad pickles in the street.
Top






U.S. Rep. Leonard Lance (R-7) House Financial
Services Committee
New Federal Agency Bad News for Business and
Consumers
There are many lessons to be learned from the
economic crisis that has beset this nation over the
past two years. We can all agree that one of those
lessons is that the current consumer protection
regulatory regime has failed. The current regime is
too siloed and too territorial to ensure the safety
and soundness of our financial institutions and
ensure that American consumers are not taken
advantage of by unscrupulous participants in the
industry.
The disagreement between Republicans and the
Democratic majority in the House of
Representatives is not over whether we should revamp
our consumer protection regulatory regime, but over
how we do it.
The Democrats in Congress recently took an
anti-business and “government knows best” approach
to this problem in approving legislation that could
ultimately harm small businesses, slow job creation,
reduce choice for American consumers and set back
efforts to get our economy back on track.
The legislation would create a new federal
bureaucracy called the Consumer Financial Protection
Agency. While the name sounds good, a book should
not be judged by its cover.
The majority’s approach would create a new unwieldy
federal agency with authority over almost every
consumer transaction involving a financial services
company, loan or credit card in the United States.
It would be headed by an unelected director with
nearly unlimited power.
I wholeheartedly support revamping and strengthening
the consumer protection regimes that oversee the
financial sector but oppose the creation of an
entirely new agency to accomplish this. The new
consumer protection agency could ultimately do more
harm than good to consumer credit, a component of
our economy that is critical for economic recovery.
Creation of a new agency could harm the creation of
small business in New Jersey, a state that is
already experiencing one of the worse business
climates in the nation with high taxes and excessive
state regulations.
Scores of New Jersey small business owners have told
me that this new agency would personally harm them.
Gail Rosen, a CPA from Martinsville, recently said,
“New Jersey small businesses are still struggling to
access the credit they need to start, maintain and
grow their businesses and the jobs they create. A
new and massive federal agency like the CFPA will
only cause further reductions in the availability
and affordability of credit, which couldn’t come at
a worse time.
Congress should work towards an alternative that
will uphold consumer protection without harming New
Jersey small businesses.”
The approach I supported, offered by the Republican
minority on the Financial Services Committee, would
create a new council of the existing prudential
banking regulators and statutorily increase the
regulators’ mandate for consumer protection. Apart
from creating a new bureaucracy, the Democratic plan
separates consumer protection regulation from the
examination of the safety and soundness of our
financial institutions. This would be a serious
mistake. Our approach would ensure that these two
important responsibilities are examined together.
Only then can both truly be done effectively.
A study by the U.S. Chamber of Commerce found that
the new agency would further
exacerbate the credit crunch for small businesses:
“The CFPA would likely reduce an important source of
credit to small businesses. This induced credit
squeeze comes at a time when it is likely that small
business credit will be already highly restricted as
the lending industry digs out of the current
financial crisis....The CFPA credit squeeze would
likely result in business closures, fewer startups,
and slower growth. Overall, this would cost a
significant number of jobs that would either be lost
or not created. ...Many suppliers of consumer
financial services products are small firms such as
community banks. The CFPA would harm these smaller
suppliers because the new agency would impose fixed
costs of compliance that weigh disproportionately on
smaller firms, and because it would encourage
product standardization that benefits larger firms.”
We can and must protect American consumers from the
bad actors but we don’t need a new federal agency to
do it.
U.S. Rep.
Frank Pallone, Jr.
(D-6) Senior Member House Energy and Commerce
Committee
Wall Street Reforms to Safeguard
Against Another Financial Collapse
Assessing the causes of the financial meltdown that
ravaged Wall Street and left many of the largest
banks in the world tilting toward bankruptcy, Ben
Bernanke, the chairman of the Federal Reserve, said
the most significant causes were the absence of
regulation and the failure to keep high-risk
financial maneuvers in check.
What he described was a decade of belief in free
markets, wild economic growth and huge profits, a
never-ending list of exotic investment schemes and
other financial traits that blinded most people to
the underlying fault lines. It was a combination
that led to the worst recession since the Great
Depression.
Proponents of an unfettered free market saw the
decade as confirmation of their ideology and hoped
the good times would continue. They didn’t. Instead,
Wall Street imploded, extending to the entire
banking community and threatening to take down the
national economy. It started with drama and
surprise, affecting a few investment firms. Then it
spread quickly to the largest institutions with
enormous threat.
Emphasizing the urgency of the circumstances was an
emergency meeting among top regulators, the
financial community and leaders in Congress, who
were stunned with the news that without an immediate
infusion of billions of dollars the economy could
crash and burn within days. Even Bush administration
officials who are philosophically opposed to
government intervention knew that allowing them to
fail wasn’t an option.
Not because these firms were “too big to fail” but
because they represented the new
byproduct of a rapidly-evolving economy that was
interconnected and intertwined at so many levels.
There were clear indications and causes to the
events that led up to this catastrophe.
There were heavy investments in real estate fueled
by sub-prime mortgages, new and exotic investment
schemes and an unhealthy emphasis on short-term
profits at the sacrifice of sustained profit making.
Congress needed to not only rescue the economy from
complete collapse but prevent any recurrence of
market failure and lack of confidence.
The unregulated financial markets performed like
casinos, making investments that resembled
high-priced gambles. In the process, tremendous sums
of money were “gambled away” in financial schemes
that were so complicated that the bankers themselves
didn’t understand how they worked. Yet that didn’t
seem to matter. As long as they were making money
easily and quickly, they didn’t care how.
Wall Street took terrible risks and exploited any
loophole in what little regulation existed.
These excesses went unchecked, leaving the banking
industry vulnerable to a meltdown and, more
importantly, unable to effectively respond when it
occurred.
The damage from Wall Street extended well beyond the
investment community. Retirement assets dropped by
22 percent. Job losses created an unemployment rate
of 10 percent. More than two million homes were
forced into foreclosure. The value of home ownership
fell by more than $14 billion.
The enormous government bailouts successfully
stopped any further damage and we have already begun
to see new bank profitability and repayment of
taxpayer money. But the job of Congress isn’t done.
We need to ensure that bailouts won’t be needed
again. More importantly, we need to protect college
savings and retirement funds, prevent further home
foreclosures, protect consumers from predatory
lending and put reforms in place that allow for a
broad economic recovery.
Those reforms include a Consumer Financial
Protection Agency to protect families and small
businesses from abusive financial practices. Tough
new rules will be put in place to curtail the
riskiest practices with the use of others’ money.
The Securities and Exchange Commission will be
empowered to oversee hedge funds and private equity
funds. Basic regulations will be enacted for credit
default swaps and complex derivatives. Credit
ratings agencies – which fell down on the job – will
be held accountable for their work. And the “too big
to fail” phenomena will be neutralized with ways of
“unwinding” failing banks so they don’t take down
others firms.
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Berkeley College made a $1,460 contribution to the
Food Bank for Westchester to help those in need this
past holiday season. The donation is given annually
by the school’s Westchester Campus. Presenting the
check to Christina Rohatynskyj (right), executive
director, Food Bank for Westchester, is Cynthia
Rubino, Berkeley College campus operating officer,
Westchester Campus.
____________________________
Infineum USA L.P. recently was honored by the
New Jersey Committee for Employer Support of the
Guard and Reserve, an agency of the Department of
Defense, with an Above and Beyond Award in
recognition of the support the company provides to
colleagues who serve in the New Jersey National
Guard and Reserve. The award publicly recognizes
American employers who provide outstanding patriotic
support and cooperation to their employees serving
in the National Guard and Reserve. An Infineum
employee currently on duty overseas nominated
Infineum.

John Englishman, Infineum Bayway Chemical Plant
manager (center) accepts the Above and Beyond Award
from representatives of the New Jersey Committee for
Employer Support of the Guard and Reserve.
____________________________
Union County College (UCC) recently announced
that Dr. Thomas Brown will be
retiring as president and that Dr. John Farrell,
Jr., vice president of administrative services and
executive assistant to the president, has been named
interim president. Farrell began his career at UCC
in 1965. During his tenure he coordinated and
directed the college’s move from the Scotch Plains
campus into the newly acquired Sidney F. Lessner
Building in Elizabeth. He holds an Ed.M. and an Ed.D
from Rutgers University.
____________________________
Employees at the law firm of
Lindabury, McCormick, Estabrook & Cooper P.C.,
Westfield, recently donated 48 athletic bags of
gifts to Bonnie Brae, a residential
treatment
center in Bernards Township. The center, a client of
the firm, provides
educational and therapeutic treatment for adolescent
boys with behavioral disabilities. The bags were
filled with clothes; i-Tunes cards, electronic games
and DVDs; books and school supplies; and snacks. The
project involved employees in the firm’s three New
Jersey offices, located in Westfield, Summit and
Rumson.

Firm employees pose with athletic bags on their
way to the Bonnie Brae residential
treatment center.
____________________________
Trinitas Regional Medical Center recently broke
ground for the new Center of Regional
Education (CORE) building in Elizabeth that will
allow Trinitas to create a state-of-the-art training
facility for anyone seeking health, wellness and
medical information, and professional training in
the field of emergency response. Designed as a
multipurpose center, the CORE building will provide
assembly space for community events, classroom space
for health education and facilities for paramedic
and emergency medical technician (EMT) training. The
building will also be home to the offices of the
Trinitas Health Foundation and the medical center’s
mobile intensive care unit and ambulance services.
The building will be completed in early 2011.
In addition, Ronald McDonald House Charities of the
New York Tri-State Area recently made a significant
donation to Trinitas Regional Medical Center for
construction of a basketball court for the
Residential Treatment Center at the medical center’s
New Point Campus in Elizabeth. Additional funds from
the same grant were used to purchase computers,
monitors and printers for use in the Child InPatient
Psychiatric units.

Gary Horan, Trinitas president and CEO, accepts
the donation from Elke De La Cruz (left),
owner/operator of several McDonald restaurants in
Union County (left), as Yvonne Lopez, director of
donor relations at Trinitas Health Foundation, looks
on.
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