John Christopher Donahue
Analyst · Marc Irizarry of Goldman Sachs
Sure, the OFR report, the first comment I'd make on that is we are very, very encouraged by the fact that the SEC has grabbed the ball here and put this out for comment. Because it demonstrates to us a willingness on the part of an independent agency to actually defend its jurisdiction when it has the expertise and the directive from Congress to protect investors. So this, I think, is the first and very important part of this. When you get into it, into the OFR report, I think it has a lot of weaknesses. Even though the report acknowledges that investment management is an agency activity and not a principal activity and that there's not leverage at the investment adviser level much like a bank, they go on to just paint everybody the same and come up with ideas that don't really implement the acknowledgment of the agency aspect of this business. And this will tend to send them in the wrong direction, which is where I think they want to go anyway. Interestingly enough, as you mention systemic risk, I'm attracted by Professor Hansen's definition. He's the -- one of the 3 Nobel Laureates, and he is quoted as having said that there is no academic basis to systemic risk and no definition and, therefore, it is a "grab bag for the regulators to go where they want to go." So I think we need more definition on what is a systemic risk. And I think when you look at the report, what they're talking about in there are possibilities of things happening. And then, therefore, oh, my gosh, we have to do something. And so they're taking the possibility, not looking at the likelihood, and then they make the perfect become the thorough enemy of the good. And this is a dangerous way to try and jump into the capital markets. But most importantly, I think that some of the ideas that they've got in there will negatively impact investors. And this is why it's so important to us that the jurisdiction be claimed by the SEC because their practice, their mandate and their experience is the protection of investors. Now we can quibble about the process and how they've gone on here, but we will have commented by the time November 1 rolls around, because we don't really think that firms like Federated and others meet some non-definition of systemic risk, and we're very, very concerned about what it will do to investors.