When Mary Schapiro stepped into her job as chairman of the
Securities and Exchange Commission in January 2009 she knew she
would have a tough road ahead given the extent of the global
financial crisis.
But she could not have expected the "flash crash" in May that
caused the Dow Jones Industrial Average to tumble almost 700 points
in a few minutes before rebounding.
Last week, Schapiro announced a plan to put "single stock
circuit breakers" in place that would pause trading for five
minutes in any Standard & Poor's 500 share if it falls more
than 10% over a five minute period.
Yet by Monday evening, any stress Schapiro had felt on May 6
had disappeared. She looked calm as she spoke with CNBC's Maria
Bartiromo at an event at New York Law School sponsored by the
Financial Women's Association, although she admitted to losing
sleep those first few nights after the flash crash.
She has a lot on her mind. The financial reform bill, which will
determine the direction the SEC will go, is in the process of being
hammered out by Congress. But everyone seems to agree that the
regulatory landscape will be stricter than ever before.
"There's a new sheriff in town," said Bartiromo several times
throughout the evening as she spoke about the aggressiveness that
is coming out of Washington. Although she applauded Schapiro for
her work at the helm of the SEC, at one point she asked how she
will ensure that she regulates without over-regulating.
Schapiro answered that while, on the one hand, regulators need
to calibrate what they do so the markets can act freely and fairly,
they also need to protect the public and bring integrity to the
markets.
"Regulators struggle with this all the time," she explained.
"The pendulum had swung too far to one side. Now it will swing the
other way. For us, the point is to be thoughtful and deliberative
in our process."
Schapiro admitted the SEC's job is made more difficult by the
fact that it has only 3,700 employees to monitor 35,000 regulated
entities. The Federal Reserve, she said, has one person for each
institution it oversees. "We are only covering the waterfront right
now," she said. "We are in 2010 only getting back to the staffing
levels of 2005, which is a frightening concept. At the same time
the business world has grown in size and complexity."
Schapiro said the key is for the SEC to have independent
revenues. Although Congress has been generous over the last two
years, the agency has no guarantee of a growth trajectory.
Yet, Schapiro is sure the financial services industry will look
different in two years than it does today. For one, there will be
less incentive for institutions to become very large. There will
also be a Consumer Financial Protection Agency, tighter
underwriting for mortgages, greater disclosure to investors, and an
increase in capital requirements.
As much as the SEC has done, Schapiro admitted, there is still
more to do. The agency is continuing to look at 12b-1 fees, point
of sale disclosures, dark pools, and proxy advisory service
firms.
"At the end of the day I want to make sure the industry is well
regulated," she said. "We want to protect investors in the hopes
they will stick their toes back in the market."