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Tag Archives: Volcker Rule

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It will be tough to remedy “too big to fail” with the Volcker Rule. At the other extreme, some suggest a 2013 version of Glass-Steagall. Here is the short version of the facts:

Proposed by former Fed Chair Paul Volcker, his rule was expressed in 10 pages of the Dodd Frank Wall Street Reform and Consumer Protection Act. Essentially the Volcker Rule said that banks could no longer engage in proprietary trading for their own account because it created too much risk.

But, what does proprietary trading mean? We can start with the trading that former and current Chase executives described to the Senate Investigations Subcommittee during testimony yesterday. Here is just one graph that displays the magnitude of their proprietary trading of indescribably complex financial products. Do remember that you need to add 6 zeroes to the numbers along the y-axis.

Here, the scale is massive--hundred's of millions of dollars.

With much more detail, the FDIC/SEC/Treasury/Federal Reserve also tried to explain proprietary trading. They needed 298 pages, 1300 questions and 400 topics.

Responding, former banker Henry Kaufman took a different path.

“Paul Volcker and I are the same age [84]. Paul wanted to take an aspect of risk-taking out of the financial conglomerates. That’s a worthy endeavor. But the history of regulation shows that the private sector pushes back and waters it down. Dodd-Frank didn’t want to address the longer-term consequences of ‘too big to fail.’ The 10 largest banks held 10 percent of the assets in 1990; today they control over 70 percent. This trend accelerated in 2008. The ‘too big to fail’ got even bigger.”

He continued, “My view is that we should break up the big financial conglomerates and separate investment banking. Otherwise we’re going to have ongoing government intervention in the credit allocation process. That threatens economic democracy, and the U.S. is the last bastion of economic democracy.”

Sounds like Glass Steagall.

A 34 page 1933 law, Glass-Steagall separated investment and commercial banking, changed the structure of the Federal Reserve and created the FDIC. J.P. Morgan knew, for example, that it had to divide itself into a commercial bank and an investment bank. 2 entirely separately owned firms, Morgan Guaranty, a commercial bank and Morgan Stanley, an investment bank were the result.

And now, we are back to where we started.

Sources and Resources: For primary sources, here is a lengthy description of the Volcker Rule while here is the 34 page Glass Steagall Act. For interpretation, this 2011 NY Times column discusses the Volcker Rule’s implications and the Henry Kaufman response. Finally, to see more about yesterday’s testimony, here is the Committee document and here is a WSJ article (the source of the above graph).

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University of Chicago professor Luigi Zingales tells the story of being asked to tape his windows during a tornado watch in Boston. A similar mandate in Italy, he said, would mean that the brother of the mayor was in the tape business. Furthermore, when instructed to stay inside, he recalled the Italian attitude toward government meant you would fare well if you did the opposite.

Dr. Zingale alluded to his experience in Boston when discussing the appropriate economic role for government. At its core, government needs to be trusted. One source of trust is simplicity and transparency.

For a prototype, he suggested we look at the 37 pages of the 1933 landmark banking law, Glass-Steagall. To eliminate banking abuses, Glass-Steagall simply said investment banks and commercial banks had to be separate businesses. Banking monoliths like J.P. Morgan & Co. had to divide themselves into institutions that provided traditional banking services and those that focused on securities work for businesses.

By contrast, covering everything from derivatives to systemic risk to consumer protection, the scope of Dodd-Frank is broad. As a result, to implement its 848 pages, specific rules have to be written. Currently 30% complete, 8843 pages of rules have been articulated.

The 11 pages, for example, that focus on the Volcker Rule are about diminishing banks’ risky behavior. Implementing those 11 pages, 4 regulatory agencies wrote a 298 page proposal with 383 questions and 1420 “subquestions.” Called an interactive Volcker rule map, it has 355 steps.

One agency that the law created has begun to function. In the news recently, the Consumer Finance Protection Bureau initiated a suit against Capital One Financial. For deceptive marketing of consumer credit cards, Capital One has been fined $210 million.

How to assess Dodd Frank?

Supported by President Obama and opposed by Mitt Romney, Dodd-Frank had its second birthday on July 21. There is a definitive Democratic/Republican divide on the Act. While most of us agree that many financial institutions engaged in wrongdoing, we disagree about how to constrain them in the future.

And that returns us to Dr. Zingales. For you, does Dodd-Frank evoke more or less trust in our financial system? Your answer should help you select your candidate.

Here is the complete transcript and link to the podcast of Dr. Zingales’s excellent econtalk interview while this Davis-Polk interactive displays the current status of Dodd-Frank’s implementation. For more on the law itself, here is its text and here is an econlife post on it.

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