This incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators in the US, in order to understand why these statutes proved to be ineffective in regulating this new asset class. It further analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation. Providing a sector-by-sector exploration of the financial services industry, the book delves into the Securities and Exchange Commission’s (SEC) efforts to regulate cryptocurrencies, highlighting the flaws in its jurisdictional claims, as well as the exclusion of “actual delivery” contracts from Commodity Futures Trading Commission (CFTC) jurisdiction and how this applies to cryptocurrencies. The chapters chart the invention and rise of cryptocurrencies, fluctuations in the cryptocurrency market, and the regulation of cryptocurrencies under banking laws, the Federal Securities Laws, and as ‘commodities’. In addition, it reviews the application of banking and money transmitter regulations to cryptocurrency trading platforms and proposes a bespoke regulator structure for cryptocurrencies. Cryptocurrency Regulation: A Primer is an essential resource for students and scholars of economics, finance and banking law, and internet and technology law. It will also be beneficial for financial services professionals, regulators, and members of the financial press.

Originally published between 2002 and 2011, the first 6 meticulously researched and extensive volumes of this set cover a vast period of US financial and economic history, from the 'discovery' of America, through Civil War, Independence, two World Wars, the Great Depression, and on through the turbulent 20th and early 21st Centuries. An entirely new volume brings the series up to date to the Pandemic of 2020. Carefully documented and lucidly written by Jerry W. Markham, these volumes give an unparalleled insight into financial scandals; corporate governance issues; the development of US securities, derivative and mortgage markets; housing boom and bust and stock market panics. The final (entirely new) 7th volume is divided into three chronological sections: the first section describes the recovery of financial markets after the Great Recession. It begins with an overview of the state of the economy at the start of the new decade, including some of the political storms affecting the economy and financial markets. The second section sets forth regulatory responses to the Financial Crisis of 2008, including the massive fines imposed on large banks by a swarm of regulators. The third section describes the rules adopted under the Dodd-Frank Act of 2010 that broadly affected financial markets. It also recounts the Trump trade wars and ends with an account of the financial and economic turmoil that occurred during the Covid-19 pandemic in 2020.

Originally published in 2006, this book examines the collapse of the Enron Corp. and other financial scandals that arose in the wake of the market downturn in 2000. Part 1 reviews the market book and bust that preceded Enron's collapse. It then describes the growth of Enron and the events that led to its sensational failure. Part 2 examines the role of the Securities and Exchange Commission's full disclosure system in corporate governance and the role of accountants in that system. Part 3 reviews the meltdown in the telecoms sector and the accounting scandals that emerged. Part 4 traces the remarkable market recovery that followed the financial scandals and the resumption of the growth of finance in America.

Originally published in 2002, this is the first of three volumes in a history of finance in America. This volume covers the period from the 'discovery' of America to the end of the nineteenth century. It describes the status of finance in Europe at the time of Christopher Columbus' voyage to America. It then traces its transfer and development in America through the Revolution, into the Civil War and beyond to the speculative excesses occurring after that event.

Originally published in 2002, this is the second of three volumes in a history of finance in America. This volume starts with the investment bankers who dominated finance at the beginning of the twentieth century. It then describes the Panic of 1907 and the resulting creation of the Federal Reserve Board (the 'Fed'). The volume then traces finance through World War I, and it examines the events that led to the stock market crash of 1929 and the Great Depression. From there it reviews the rebirth of finance after World War II and the growth of the institutional investor.

Originally published in 2002, this volume focuses on the growth of derivatives, the savings and loan crisis, the merger mania of the 1980s, the accompanying insider trading scandals, and the battle with inflation. This history then reviews the market run-up in the 1990s and the rebirth of finance that was being strongly pushed by the Internet economy as the third millennium began.

Originally published in 2011, this volume examines the Enron-era scandals and several corporate governance issues that were raised as a result of these scandals. It then describes developments in the securities and derivatives markets, covering hedge funds, venture capital, private equity and sovereign wealth funds.

Originally published in 2010, this book covers the development of the mortgage market, the residential housing boom and bust that led to the subprime crisis, and the effect of this crisis on financial institutions as well as the stock market panic of 2008. It details the massive government interventions that sought to prevent another Great Depression.

This volume narrates the financial history of the United States during a period of great upheaval in the early part of the 21st century. It is divided into three chronological sections: the first section describes the recovery of financial markets after the Great Recession. It begins with an overview of the state of the economy at the start of the new decade, including some of the political storms affecting the economy and financial markets. It explores the uneven nature of the recovery and volatility in the Treasury during these years. The second section sets forth regulatory responses to the Financial Crisis of 2008, including the massive fines imposed on large banks by a swarm of regulators. It examines the "too big to jail" prosecution model, cases involving Libor and foreign exchange manipulation and the impact of rogue traders. It also looks at the developments in payment systems, rise of crowdfunding as a source of capital, and high-frequency trading. The third section describes the rules adopted under the Dodd-Frank Act of 2010 that broadly affected financial markets. It also recounts the Trump trade wars and ends with an account of the financial and economic turmoil that occurred during the Covid-19 pandemic in 2020. The volume will be an essential addition to academic and public libraries with readers drawn from business schools, departments of economics and finance, and historians.

The author of the award-winning trilogy A Financial History of the United States now provides a definitive new reference or the major failures of American corporate governance at the start of the 21st century. An essential resource for students, teachers and professionals in business finance, and securities law, this exhaustive work provides in-depth coverage of the collapse of the Enron Corporation and other financial scandals that erupted in the wake of the market downturn of 2000. The authoritative volume traces the market boom and bust that preceded Enron's collapse, as well as the aftermath of that failure, including the Enron bankruptcy proceedings, the prosecution of Enron officials, and Enron's role in the California energy crisis. It examines the role of the SEC's full disclosure system in corporate governance, and the role of accountants in that system, including Arthur Andersen LLP, the Enron auditor that was destroyed after it was accused of obstructing justice. The author chronicles the meltdown in the telecom sector that gave rise to accounting scandals at Nortel, Lucent, Qwest, Global Crossing, Adelphia, and WorldCom. Computer Associates, AOL Time Warner, Vivendi, HealthSouth, and Hollinger. Markham also covers such Wall Street scandals as the Martha Stewart trial, the financial analyst conflicts, and the mutual fund trading abuses. He analyzes the Sarbanes-Oxley legislation that was adopted in response to these scandals, the burdens it imposes, and continuing flaws in full disclosure. Markham also traces the remarkable market recovery that followed the scandals and addresses the misguided efforts of corporate governance reformers that led to the abuses.

This edition incorporates developments in bank and financial services legislation and regulation that have occurred through June 2021, including the Trump administration's regulatory initiatives in respect of the Dodd-Frank Act. The sixth edition organizes the chapters into three thematic Parts to help focus classroom discussion. Part One surveys the depository bank business model, the dual banking system, and its layered regulatory structure, including the role of financial holding companies, bank subsidiaries, and nonbank affiliates active across financial markets. The materials emphasize that though the majority of depository institutions are thrifts, credit unions, and community banks, consolidation and conglomeration have left the lion's share of bank assets in the hands of a few large banking organizations that dominate national and global markets, presenting unique regulatory challenges. Part Two focuses on prudential supervision of banks and their holding companies, which reflects the distinctive demands created by deposit-taking, credit creation, and liquidity intermediation. Post-crisis reforms have dramatically changed this aspect of regulation. The materials emphasize the different ways in which banks finance their activities, including by accepting insured deposits, borrowing at market rates from wholesale lenders, using government funds available only to banks, and raising equity capital from investors. The discussion makes clear how, in addition to meeting market capital requirements that apply to all businesses, banks contend with complex regulatory standards that encourage liquidity, limit leverage, and promote the ability to absorb unexpected losses. Part Three surveys the range of specialized financial services performed by banks and their holding companies beyond their depository functions. The materials illustrate how banks underwrite debt and equity securities, manage investment portfolios, advise investors, make markets for financial products, act as both principal and agent in derivative transactions (including credit default swaps and interest rate derivatives such as options, futures, and forwards), and provide fiduciary services as trustees, including by managing retirement and collective investment funds, offering custody for financial assets, and competing with mutual funds. The book pays special attention to consumer lending -- through mortgage finance, educational debt, and credit card loans -- an area that has grown in importance due to the CFPB. To avoid the need for students to buy additional books, this edition comes with a digital statutory supplement containing links to relevant statutes and regulations for each chapter. The supplement also includes an expanded Student's Guide to banking law statutes and regulations, which lets students convert the original section numbers of major statutes into their codified sections in the United States Code.

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

This supplement is designed for a basic business organizations course focusing on corporations, limited liability companies, and partnerships. Statutes include up-to-date versions of the Model Business Corporation Act (along with the official comments) as well as the Uniform Partnership and Limited Partnership acts. The supplement also contains the Delaware Corporation Law and Delaware's Limited Liability Company Act. Selections from the federal securities laws that are typically covered in the basic business organizations course are also included. The supplement also contains some sample corporate documents, including a certificate of incorporation, bylaws, and minutes. These documents give the students hands-on exposure to documents talked about in class. Even with these sample documents and expanded coverage of the Model Business Corporation Act, the supplement retains a manageable size.

The 2018 Edition contains the major chapters of title 12 of the United States Code covering the National Bank Act, the Federal Reserve Act, the Federal Deposit Insurance Corporation Act, the Home Owners Loan Act, the Federal Credit Union Act, the Bank Holding Company Act, the Bank Service Company Act, and the International Banking Act. The supplement reflects the changes made by the Dodd-Frank Act. Additions made by Dodd-Frank to existing statutory provisions are underlined so the reader may easily locate the Dodd-Frank changes. In addition, each statutory provision includes a citation to the section of Dodd-Frank which amends it. New statutory provisions of Dodd-Frank codified in Chapter 53 of Title 12 (including provisions relating to the FSOC, CFPB, and the Orderly Liquidation Authority) are included as well. Relevant provisions of the Securities Exchange Act, federal provisions relating to insurance, and the Gramm-Leach-Bliley Act's provisions related to privacy are also included. Excerpts from the New York banking statutes provide a sample of state regulation of banking. The supplement also contains selected regulatory provisions from the Comptroller of the Currency, the Federal Reserve System Board of Governors, the Federal Deposit Insurance Corporation, as well as the table of contents of regulations issued by the Consumer Financial Protection Bureau.