Wolves watching hen houses; the Senate and rescued banks
The Washington Independent recently ran on a story on U.S. senators who hold financial interests in banks rescued with TARP funds. While the Independent was clear that no aspersions were being cast, it does raise some interesting questions about conflicts of interest in the federal legislative branch.
Of the 74 upper-chamber lawmakers who supported the $700 billion financial rescue in October, at least 15 own direct shares in institutions receiving federal funds under the Troubled Assets Relief Program, according to financial disclosure forms filed by members of Congress last month. Combined, those 15 members hold between $1.2 million and $3.0 million worth of stock in TARP beneficiaries — firms that have received no less than $330 billion in TARP funds and loan guarantees since the program began.
Sen. John Kerry (D-Mass.), for example, along with his wife, reported holdings between $66,000 and $166,000 in Bank of America, which has received $52.5 billion in TARP-backed funds and backstop guarantees. He also claimed between $151,000 and $365,000 in shares of Citigroup ($50 billion from TARP), and between $251,000 and $516,000 in shares of American Express ($3.4 billion from TARP).
He’s hardly alone. Sen. Olympia Snowe (R-Maine) reported holdings between $100,000 and $250,000 in Key Bank ($2.5 billion from TARP). Sen. Judd Gregg (R-N.H.) claimed between $15,000 and $50,000 of stock in Capital One ($3.6 billion from TARP), and another $15,000 to $50,000 in JPMorgan Chase ($25 billion from TARP). The list goes on.
In all, at least 15 senators supporting TARP have benefited financially from the program — a number that’s likely to rise. Thirteen upper-chamber lawmakers have yet to submit their financial disclosures this year.
The article notes that, whereas judges are obligated to recuse themselves from cases where a financial conflict may arise, Congress has no such requirements.
When conflicts of interest charges do arise, a committee of fellow senators evaluate the circumstances and make a ruling whether any ethics violation occurred.

