November 25, 2016

What about suing bank regulators for malpractice; and those who falsely promised us rose-garden type pensions?

Sir, Gillian Tett, pointing “to the US presidential election result”, writes it “has unleashed wild swings in equity and bond prices…. This could dent the fortunes of many of those who have a 401(k)… There is another reason why 401(k) holders might want to scan their statements: litigation… an explosion in class action lawsuits over alleged malpractice in these pension plans… excessive fees” “Lawyers shake up a sleepy pension world” November 25.

Let me put all that in a different perspective. The current risk weighted capital requirements for banks, introduced by the Basel Committee, represent a regulatory risk aversion that when layered on the banks natural risk aversion, signifies millions of SMEs and entrepreneurs will not have access to that bank credit that could help our real economies to move forward, in order not to stall and fall.

So when in twenty years time, all those 401(k) accounts do not hold what was expected on these, remember you wasted time suing for excessive fees, instead of suing against future depriving regulations. Regulators might argue they did not know… but should that be a valid excuse for those who present themselves to us as experts?

Why do those 401(k) fees that most certainly are too high, seem so especially high now? The real explanation is that the economies are not producing close to the seven percent real annual returns that too many institutions around the world assured pensioners they should expect on their savings. Those promising impossible rose gardens should also be sued… and for good measure include also those withholding truths.