According to a New York Times article in February, 2007, just as the housing crisis started to appear on the horizon, the Bush Administration, the SEC, and other entities convened to study the problem of hedge funds and other arcane investment instruments. The Bush administration decided to leave hedge funds alone, stating that they could regulate themselves and report on themselves, according to non-binding principles. Any dissent (such as that voiced by former SEC Chairman William H. Donaldson - soon to be replaced by Bush appointee Chris Cox) was immediately attacked and heavily leaned upon by Republicans in Congress and the Bush administration itself.
http://www.nytimes.com/2007/02/23/business/23hedge.htmlOfficials Reject More Oversight of Hedge Funds
By STEPHEN LABATON
Published: February 23, 2007
WASHINGTON, Feb. 22 — The Bush administration said Thursday that there was no need for greater government oversight of the rapidly growing hedge fund industry and other private investment groups to protect the nation’s financial system.
Instead, the administration, in an agreement it reached with the independent regulatory agencies, announced that investors, hedge fund companies and their lenders could adequately take care of themselves by adhering to a set of nonbinding principles.
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The decision came after months of study by a presidential working group of top officials and regulators. They looked at both the hedge fund industry, which has more than $1 trillion in assets, and the management of private equity firms, which take direct control and ownership of companies rather than relying on large numbers of outside stockholders.
In leading a deeply divided commission to adopt those rules in the first place, its then chairman, William H. Donaldson, said that hedge funds had been central figures in a variety of market trading abuses and that registration was a modest and essential way for regulators to begin to understand them. Although he had the support of two of the four other commissioners for his efforts on hedge funds, Mr. Donaldson came under heavy criticism from Republican lawmakers and top administration officials for suggesting that regulators shine a light on what he called “a dark corner” of the market.