http://money.cnn.com/2008/06/03/news/economy/energy_manipulation_hearing/index.htm
Solution: Close the Enron loophole
Some suggested closing the "Enron loophole" as a possible solution to the speculation problem. The loophole, which was codified in the Commodity Futures Modernization Act of 2000, allows oil futures to be traded electronically in unregulated markets outside of the jurisdiction of the Commodities Futures Trading Commission.
"Americans may be surprised to learn that the oil futures markets were substantially deregulated by the CFTC staff decisions that were made behind closed doors," said Sen. Maria Cantwell, D-Wash. "Now this London and Dubai loophole is keeping important U.S. energy trading in the dark and without proper light ... it can give manipulators free rein in energy markets."
As part of the recently-passed Farm Bill, Congress attempted to close that loophole, but Greenburger said language did not go far enough. He said the Farm Bill placed the burden on the public to prove a trade needs regulation rather than placing the onus on the trader to prove it does not need regulation. Greenburger said Congress should return the language of the original bill "this afternoon," saying that overnight it would bring the price of crude oil by 25%.
Greenburger also suggested that Congress impose increased margins for oil traders and regulate hedge fund owners' public speculation on oil prices.
"I find it highly ironic that when you control the price of oil, you can speculate it will go up to $150," he said.
Goldman Sachs and Morgan Stanley hedge funds own large amounts of oil futures, and have both recently said the price oil could go up to $150 or even $200 this year.
CFTC investigation
Last Thursday, the CFTC announced it had launched a wide-ranging probe into oil price manipulation six months ago, saying it would gather more information about the effect investors are having on the market.
The commission's public acknowledgment of a normally secret probe has sparked talk that it has evidence oil companies are withholding oil from the market in an attempt to manipulate prices.
Regarding speculators, CFTC has previously said that it had not found any evidence that traders were artificially inflating prices.
On the day the CFTC announced its investigation, crude oil futures dropped $4.41 - the third-biggest one-day slide since 1991 - and prices have hovered around that $127-a-barrel level since.
But some lawmakers were critical of CFTC's investigation.
"If we want our exchanges to be world leaders, they need to have transparency, and speed and integrity," said Sen. John Sununu, R-N.H.
Cantwell said the CFTC investigation will not go far enough and doesn't have any enforcement mechanism. As a result, she called it a "ruse to deflect criticisms" and an "abdication of oversight responsibility."
"It is clear to me that the CFTC is not doing everything that it can to protect consumers from oil price manipulation," said Cantwell. "CFTC's response is a toothless tiger."