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Volcker Rule Needs To Be Tougher, Former Citi Chair John Reed Says

Posted: 02/14/2012 4:35 pm

John Reed

Amid the hue and cry on Wall Street that the Volcker rule goes too far to restrict banking activities, the former CEO of one giant bank thinks that the Volcker rule doesn't go far enough because it's not sufficiently tough to prevent firms from sneaking their way around the rule.

John S. Reed, who ran Citigroup from 1984 to 2000 and has been an outspoken proponent of financial reform, cited the recent cases of MF Global and UBS in his comment letter to make his case for tougher regulation, writing, "When a firm is focused on market gain, it will employ every available device to achieve those gains -- including taking advantage of clients and putting the firm at risk."

In his own way, Reed was a victim of the deregulatory environment on Wall Street that the Volcker rule aims to rein in. He was ousted soon after Citigroup was created in the wake of the repeal of Glass-Steagall in 1999, allowing banking, securities and insurance firms to merge.

Reed makes several passionate arguments for strengthening the rule, saying that he is "concerned it does not offer bright enough lines or provide strong enough penalties for violation."

Among his recommendations, he suggested:

  • that a firm's senior officers be required to sign a statement each quarter attesting that the firm's trading adheres to the Volcker rule
  • that customized derivatives and structured products not be treated as permissible market-making activity
  • that traders be paid "based on the results of their market-making and hedging activities after those activities are fully unwound"
  • that the rule "should set out specific and vigorous penalties" for traders and firms that do not comply.

Some smaller financial industry players -- such as Ameriprise financial adviser Alice Arant-Cousins in Tempe, Ariz. -- also pushed for a tough version of the rule. In her comment, she requested the SEC "to not bow to the banks, but to draft a strict loophole-free version of the Volcker Rule. ... You are our hope and we are watching."

Obama Budget Gives Slight Bump To Regulators

The Obama administration tends to increase funding for the major regulatory agencies in its proposed 2013 budget, though that bump seems like wishful thinking given the anti-regulatory zeal of House Republicans.

The Commodity Futures Trading Commission -- which now has a bigger workload due to Dodd-Frank and recent scandals like the high-frequency trading saga and the MF Global bankruptcy -- gets a 50 percent budget bump, from $205 million to $308 million. But even one of its own commissioners, Scott O'Malia, though that request is too high, issuing a dissenting statement in which he said it makes an "unsubstantiated case for a massive expansion in staffing that is both unrealistic and unsustainable in this deficit environment."

The Securities and Exchange Commission would see an 18.5 percent increase to $1.566 billion, which would allow for the addition of 676 staffers, including 191 to the enforcement division. But judging by last year's experience, that won't likely happen -- the $1.4 billion requested for 2012 was knocked down to $1.321 billion amid congressional wrangling.

The Consumer Financial Protection Bureau -- which has been the subject of partisan fighting all year long -- has requested $448 million, though it estimates it will spend only $356 million this year. CFPB director Richard Cordray is sure to be grilled during a House subcommittee hearing on Wednesday by lawmakers who challenged the very creation of the bureau.

The Nuclear Regulatory Commission, after several years of budget declines, will stay largely flat at $1.053 billion. But amid renewed concerns over the safety of the country's reactors in the wake of last year's earthquake in Japan, the Nuclear Reactor Safety Program budget rises to $809 million, an $8 million increase over last year's budget.

The Environmental Protection Agency, which has become a punching bag on the campaign trail during the Republican primary, will see a $105 million decrease from last year's $9 billion.

The Occupational and Safety Health Administration gets a slight $680,470 increase to $565.4 million, but that includes a $4.8 million boost for the agency's whistleblower program.

And the Food and Drug Administration's budget also remains relatively flat, though it includes a big increase in user fees, which are paid by companies whose products are regulated by the agency.

Inspectors Told To Ignore Moldy Food

Make sure you avoid lunch while you read this story.

Federal inspectors from the Department of Agriculture were told by their superiors to ignore thousands of gallons of moldy food at a plant in Washington state, reported KING-5 TV.

"I thought it was terrible because I have never seen anything like that in my life," retired inspector Jerry Pierce told the station, referring to Snokist Growers, where public records show that 23,000 gallons of moldy applesauce were reprocessed in 2010.

The USDA explained that the agency had limited authority to stop such shipments, though it added that the plant is under investigation.

Quick Hits

  • When the Pentagon's top weapons buyer remarked last week that the military might bail out struggling defense contractors, eyebrows raised. "We have to be prepared to intervene where it makes sense, where we have to," said Frank Kendall, referring to Defense Department's desire to shrink procurement budgets. Most of the analysts interviewed by the National Journal were against the idea, some citing the unpopular bank bailouts of 2008. "We should not engage again in 'bailing out' another industry," one insider told the publication.
  • Lay off Mary Shapiro, the current SEC chair who has been criticized for not cracking down more on Wall Street crimes and misdemeanors. That was the message of former SEC Chair David Ruder, who forcefully defended Shapiro in an interview with TheStreet.com. Ruder helped the government win its high-profile indictment of junk bond king Michael Milken in the late 1980s.
  • A coalition of occupational safety and health groups are urging President Obama to speed up the review of an updated standard to protect workers from occupational exposure to crystalline silica. The dust particle, which can cause lung disease and has been associated with lung cancer, chronic renal disease and autoimmune disorders, is exposed to an estimated 1.7 million U.S. workers.
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Amid the hue and cry on Wall Street that the Volcker rule goes too far to restrict banking activities, the former CEO of one giant bank thinks that the Volcker rule doesn't go far enough because it's ...
Amid the hue and cry on Wall Street that the Volcker rule goes too far to restrict banking activities, the former CEO of one giant bank thinks that the Volcker rule doesn't go far enough because it's ...
 
 
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HUFFPOST SUPER USER
oldwhitefemdem
Oldy for marriage equality
02:29 AM on 02/19/2012
I don't know how the banks that are 'too big to fail' can be divided legally, unless there were a law that said that the larger your institution the greater liquidity you must have. So, for example, if your bank has assets of $100B, you'd have to have $50B in cash on hand - and if your assets were $100M you'd have to have $1M cash on hand, etc. Obviously, I don't know the actual amounts that are realistic, but the point is that you would have to have prohibitively high liquid assets if you became 'too big to fail.' You just have to make it unbearable to be too huge to manage.

I think it's obvious that the Volker Rules must be inacted and Glass Steagall reinstated. Such an incredible disaster was unleashed when Glass Steagal was repealed. An excellent rule of thumb would be the more the Republic party wants a regulation repealed, the more ridgidly they should be opposed.
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HUFFPOST SUPER USER
Skeetshooter
Artist, writer, provocateur
06:48 AM on 02/16/2012
Reed spells out a recipe for running Wall St. like a business rather than a mafia shake down operation. No wonder his fellow CEOs hate him; he wants them to work for their money.
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thisoldbroad
I generally avoid temptation unless I can't resist
05:25 PM on 02/15/2012
This man should be sequestered in a room with constitutional scholars & write the very law we need, without the lobbyists crafting their convoluted version. The law would be under 20 pages, easily understood by all who read it & no loopholes that would make the effort to craft the law a wasted effort. I saw his Bill Moyers interview & this man knows where all the loopholes are & readily admits his part in gutting the safeguards we had in place since the stock crash of the 20's.

Matter of fact, I think our 'lawmakers' should present a laundry list of what we need from ALL our laws to an independent group of constitutional legal scholars to craft the laws without the usual loopholes the lobbyists add to protect their own interest. Just imagine how much more safe & secure we'll ALL be if we stop depending on the burglars & crooks to write the laws that are supposed to protect us.

I didn't elect lobbyists to write our laws, I elected politicians to act as lawmakers. I'm disgusted that every single law that seems to come out of our state or federal legislative process is written by lobbyists & special interest groups that do not represent ALL OF US or the true intent of the laws we requested. If they can't craft these laws without lobbyists, then the system needs to be changed. NOW!
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HUFFPOST SUPER USER
oldwhitefemdem
Oldy for marriage equality
02:40 AM on 02/19/2012
Excellent ideas. Additionally, we need to raise the marginal tax rate to above 50%, which has in past eras resulted in no more boom/bust cycles. Despite what arrogant 1 per centers say they will not stop working or investing. Any honest investor will tell you, they don't fail to invest because tax rates are high. They try to make as much money as they can and they don't drop out of the game because they can profit only half a million instead of three quarters of a million.
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HUFFPOST SUPER USER
mjtaylor22
04:49 PM on 02/15/2012
i know its a weak law overall..and not tuff enuff on thsoe who needed 850 billion from tax payers to save their arses.......but i am glad it passed.....because ............they still playing russian roulette with their companies and our economy..........
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aforbes808
Naked is a state of mind.
04:46 PM on 02/15/2012
In an interview with Bill Moyers, John Reed said the merger of Citicorp. and Travelers Group (Citigroup) was the catalyst for the repeal of Glass-Steagall. They merged in 1998 and then told the government they had two years to repeal Glass-Steagall which was done Nov. 4, 1999. It is a very sobering interview.

www.billmoyers.com
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HUFFPOST SUPER USER
Daryl Pienta
Not a fan of the far righ...errr. wrong wing
04:19 PM on 02/15/2012
I say bring the pain on these banking wallstreet pricks.
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cats530
16 Trillion To Banksters Per GAO Audit
02:00 PM on 02/15/2012
There cannot be enough regulations on these huge banks. I would think what they did to all of us with housing colapse would be proof enough
01:19 PM on 02/15/2012
I hope the politicians and regulators will listen to John Reed. Better still, I wish they would bring back Glass-Steagall! Reed is a throw back, to a time when banking was not as rapacious, not as destructive and exploitive as it is today. I too, remember those times and I have watched what is called banking today, become a huge threat to the financial stability of the Nation. We ignore voices of caution, like Reed's, at our peril.
04:32 PM on 02/15/2012
Hey William, Glass-Steagal is only a start! Let's go all the way...look up HR2990 and let's get this economy working for the middle class again. For more info go to http://www.causes.com/causes/650748-support-hr2990/about
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HUFFPOST SUPER USER
Tom Hendricks
see wikipedia
01:00 PM on 02/15/2012
Sounds good.
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HUFFPOST SUPER USER
VPerry24
Carpe Diem!
12:55 PM on 02/15/2012
Now since he no longer in, he speaks the truth. Of course, the bankers don't like the new rules, they don't want any rule. Obama is fighting fraud with fraud as he did with the mortgage deal but again, it is nothing for the people and everything again for the banks. http://business.time.com/2012/02/13/are-we-already-planting-the-seeds-of-the-next-financial-crisis/?iid=biz-main-lede?xid=rss-topstories&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+time/topstories+(TIME:+Top+Stories)
Maarten Wentink
99%er, 53%er & Job Creator
12:41 PM on 02/15/2012
Here is a great recent interview of John Reed by Bill Moyers. If you have time also check out the other interviews by Bill moyers in this series, very interesting.

http://vimeo.com/35736113
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anti-fascist
There are 2 types of lies: Lies & Cons. Economics
12:28 PM on 02/15/2012
Unrepeal Glass-Stea­gal and be done with it. THEN and ONLY then will the oligarchy will be weakened

It worked for 60 years. In ten after repeal we return to 1929
mikiao
Empty my micro-bio is.
12:27 PM on 02/15/2012
"But even one of its own commissioners, Scott O'Malia, though that request is too high, issuing a dissenting statement "

Should read, "Scott O'Malia, thought that..." with a "T" at the end.
12:14 PM on 02/15/2012
Ever notice how most politicians and bankers come clean........after they retire?