Considering Stricter Regulation of the International Over-The-Counter Derivatives Market
PRUDENCE OR PARANOIA: CONSIDERING STRICTER REGULATION OF THE INTERNATIONAL OVER-THE-COUNTER DERIVATIVES MARKET I. INTRODUCTION Recent reports of companies and municipalities losing millions of dollars from investments in over-the-counter (OTC) financial derivatives' have prompted foreboding headlines about derivatives,2 encouraged increased scrutiny of their use,3 and polarized opinions toward these misunderstood financial instruments.4 While OTC and 1. In April 1994, Procter & Gamble announced a $157 million derivatives loss which was taken as a pre-tax charge. Paulette Thomas, Procter& Gamble Sues Bankers Trust Because of Huge Losses on Derivatives, WALL ST. J., Oct. 28, 1994, at A6. Metallgesellschaft, Germany's fourteenth largest industrial corporation, lost $1.45 billion speculating in oil-based derivatives. Michael R. Sesit, Bulls on MetallgeselischaftSay German Firm, Hurt by TradingLosses, Could Stage Rebound, WALL ST. J., July 25, 1994, at C2. In December 1994, Orange County, California declared bankruptcy after losing approximately $1.5 billion from derivatives products. Bitter FruitOrange County, Mired In Investment Mess, Filesfor Bankruptcy, WALL ST. J., Dec. 7, 1994, at Al. Barings, a venerable British bank, was recently sunk by a "rogue trader" who lost about $900 million using derivatives instruments. The Bank that Disappeared,ECONOMIST, Mar. 4, 1995, at 11. 2. See, e.g., Jane Bryant Quinn, Just When You Thought It Was Safe... ; Derivatives Present a New Risk, Even If You Think You're Not Involved, CHI. TRB., Apr. 25,1994, at Cl; Ruth Simon, Don't Get Socked by These #?@1* Derivatives, MONEY, Aug. 1994, at 26; Jim Gallagher, It's a Bet" No Getting Around Derivatives' High Risk, ST.
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