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Ted Kaufman

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The Volcker Rule and Occupy Wall Street

Posted: 10/17/11 09:59 PM ET

To understand why there is so much anger directed at Wall Street and Washington, you need only look at the evolution of the Volcker rule. Named for past Fed Chair Paul Volcker, the rule was a compromise he developed last year to deal with a major problem exposed by the financial meltdown. Banks with deposits guaranteed by the federal government were using those deposits to participate in high-risk investments for their own account -- so-called proprietary trading. The Volcker Rule started out with some tough restrictions on that and other high-risk activities.

At the time, many of us pointed out that the solution to the problem was in plain sight and had already proved its effectiveness. The Glass Steagall Act was passed in 1933 after the Pecora Commission investigated the reasons for the 1929 stock market crash and the subsequent failure of many banks. The Commission found that the country had from its inception endured periodic bank runs or bank panics because, in times of financial troubles, depositors preferred putting their money in their mattresses rather than keeping it in risky banks. To correct that, the Act set up the Federal Deposit Insurance Commission, guaranteeing the safety of deposits up to a certain amount. Just as important, it divided financial institutions into two groups -- commercial banks, which had FDIC insured deposits; and investment banks, which could engage in more risky investments but had no FDIC insurance. Commercial banks were to be low-risk, low-return institutions and investment banks were to be high-risk high-return institutions.

That's how it turned out for the next 50 years. The country prospered with no major financial crises. Then, in the late 1980s and into the 1990s the Federal Reserve under Alan Greenspan -- over the objection of previous chairman Volcker -- began easing Glass Steagall restrictions. In 1999, with the support of key Clinton administration officials, Congress passed the Gramm-Leach-Bliley Act. Glass Steagall was entirely rescinded and commercial banks were again allowed to engage in investment banking. It took only ten years for the perhaps inevitable result -- the financial meltdown of 2008.

Now, back to the evolution of Volcker rule. It became clear early in the 2010 debate on the Dodd-Frank Wall Street Reform Bill that there was insufficient support in Congress and the Obama administration for the Cantwell-McCain amendment which I supported to reinstate Glass Steagall. President Obama announced his administration's support of the Volcker Rule. From the beginning there was great skepticism that a rule could ever be enforced that would truly keep banks from engaging in risky proprietary trading. This was especially true when the Senate would not allow a vote on a tough version of the Volcker Rule sponsored by Senators Carl Levin and Jeff Merkley.

So, like most of the other important issues involved in trying to reform Wall Street, the can was kicked down the road by Congress and thrown to the regulators. Over a year after Dodd Frank's passage, the regulators have unveiled a 298-page draft proposal. It includes 350 questions on which the regulators have requested public input. The complexity of the draft alone raises real questions about how it could be enforced. In addition, knowledgeable experts have numerous concerns about the draft's many vague definitions and clear exemptions. There is, for example, an exemption for "market making activities." I promise you high-priced Wall Street lawyers and accountants will have a field day turning this into an instant loophole.

Obviously, Paul Volcker's attempt to confront the real problem of banks making high-risk bets with government-insured deposits has, in just one year's time, evolved into a watered-down excuse for taking little or no action at all.

The Occupy Wall Street demonstrators are being characterized as to the left on the political spectrum. But there is nothing left-wing about wanting what was for many years seen as a very conservative approach to bank size and risk. I have no doubt that Glass Steagall or something very much like it will eventually once again become the law of the land. The only question is how much agony all Americans have to endure before it happens.

 
To understand why there is so much anger directed at Wall Street and Washington, you need only look at the evolution of the Volcker rule. Named for past Fed Chair Paul Volcker, the rule was a compromi...
To understand why there is so much anger directed at Wall Street and Washington, you need only look at the evolution of the Volcker rule. Named for past Fed Chair Paul Volcker, the rule was a compromi...
 
 
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Haditup2here
8 Years of Insanity and now you're mad?
11:45 PM on 11/20/2011
Does anyone have a link to the current working document of the Volcker Rule? I've searched online and can't find it.
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HUFFPOST SUPER USER
anastmosis
08:33 PM on 10/27/2011
Restore the Glass-Steagall Act. Accept no substitute. Don't tolerate anyone who wants to tweak and tinker with it trying to fine tune it to achieve the delicate balance between profit and fairness. I have neither the patience for it nor the confidence in legislators to successfully achieve it. Don't accept a weakened, watered-down fake. REINSTATE the GLASS-STEAGALL ACT.
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jsgaetano
Semper Fidelis Tyrannosaurus!
12:21 AM on 10/19/2011
There's nothing conservative about OWS. The over $13 Trillion Reagan-Bush-Bush National Debt and the destruction of the US financial system tells everyone what we need to know about what conservatives believe.
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Christopher Nagy
The angry middle.
09:26 AM on 10/19/2011
The difference is conservative and Conservative. The measures talked about in the article are a conservative approach to banking, not an approach championed by Conservatives. In cases like these, it's good to remember that a name really doesn't mean anything; the People's Republic of China is hardly a republic, the Democratic People's Republic of Korea (North Korea) is likewise neither a Democracy nor a Republic, and Conservatives have long given up any real conservative approach to fiscal policy.
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jsgaetano
Semper Fidelis Tyrannosaurus!
08:15 PM on 10/19/2011
You're basically trying to say their is a difference between failure and really big failure. Yeah, it's a distinction, but either way it's not something I want to support.
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DiogenesOfAlaska
Mitt Romney for president - of the Cayman islands!
05:48 PM on 10/18/2011
Just ask every banker, lobbyist or lawmaker who doesn't like the restrictions on proprietary trading how it differs from a taxpayer funded and central bank money oiled Ponzi scheme.

Of course everybody is free to speculate on anything including shorting themselves. But with their own money. Otherwise, you may as well tear up not only contracts, but dollars.
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ladyrosedeky
04:13 PM on 10/18/2011
Yes and the Republicans sit up there and lie to us about too many regulations that stifle business in this country when they've let banks run rampid to the point of destroying the safety of the economy. Want to tell us more lies.
cdterm47
I am poor because I am a River to my People
03:43 PM on 10/18/2011
Great Article. Bring back Glass-Steagall and enhance it with the Volcker rule.
05:47 PM on 10/18/2011
I agree bring back Glass-Steagall, break up the too Big to Fail
Banks and skip the Volcker Rule. The Volcker rule was an accommodation
which Volcker himself was not quite fond with....

Financial stability needs to be restored through out the economy
with a fair common sense approach that prohibits the types of financial
shenanigans that tanked the economy! Therefore we must break up the
Big Banks, restore Glass-Steagall and insist upon campaign finance
reform to get 'special interest money' out of our political process! because
it is obvious that Wall Street has bought the politicians, lock stock and barrel...
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behumane
01:12 PM on 10/18/2011
Th Volker rule or Glass/Steagall should be one of the major demands that OWS adopts. Nothing caused more financial damage to our country than eliminating this legislation.
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emmanuel kalu
commonsense
01:01 PM on 10/18/2011
great article. this goes to show what the american people are dealing with. a paid and bought congress that would do anything to protect wall street and their money bags. 3 years after the greatest financial meltdown, caused by nothing else by greed on wall street, we still don't have an effective tool agains it. we need to bring back the old rule that completely keep commericial banks and investment bank seperate. for the govt to be guaranting this risky bets with the people money is jus plain gambling and crazy. seperate the banks, yes banks can still have ownership in investment banks, but they should not be allowed to used deposits insured by the govt.
really change not only comes from protesting, real change comes from taking meaningful action. OCW has to take the action of getting this republicans and any politician that doesn't work for the people out of office. change is done at the political level. we the people are the only avenue of change, and next year we must use our vote to affect proper change. vote the republicans congress out of office and see really progress come to this country.
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dadw5boys
Disabled Vietnam Vet
10:14 AM on 10/18/2011
Tell me are you proud of the Country Our Soldiers have to return from War to find ?
Are you proud that the SEC did not enforce laws and rules to stop the Fruad in the Sub Prime Loans ?
Do you not feel shame that the Banks actually used ROBO Signers to complete the Fraud that the Loan Orginators forgot to complete.
Are you Proud of the Collusion between Property Appraiser who overvalued Homes so the Loan Companys could write larger loans and make more money.
Do you realize the Fraud and Collusion committed over 3 times breaks the RICO Laws of running a Criminal Enterpirze ?
Can you welcome a Soldier Home and be Proud of what you have allowed to happen ?
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ladyrosedeky
04:18 PM on 10/18/2011
The repeal of Glass/Steagall made all those Sub Prime Loans possible. I welcomed a soldier home who is now going to college and majoring in engineering. One of the few careers that has job opportunities. His brothers and sisters in arms that are trying to find jobs are suffering 35% unemployment rates and many of those that are employed are under employed. This after sacrificing so much for our country. It is hard to look at the veterans that are suffering homelessness but I do when I serve them a meal.
09:48 AM on 10/18/2011
Yeppers, let Dodd-Frank off the hook for what they did to Fannie and Freddie.
09:16 AM on 10/18/2011
You are right of course but the oligarchs will have non of it so we are doomed
09:04 AM on 10/18/2011
I think what we are seeing with the Occupy Wall ST. movement is that it has now gotten to the point where people have no faith that in the ability of electorial politics to change anything because nearly 100% of the politicians have been bought off. They are merely agents promoting the interest of the oligarchs and plutocrats who make up the bulk of the upper 1%. The entire society has been corporatized. The is dramatically demonstrated with the election of President Obama. He poured all resources into bailing out the TBTF banks and unemployment, foreclosures and the declining living standards of the middle class are merely afterthoughts to his administration. ( yes, I think the republicans are even worse). Now the democratic party and liberal groups such as Move On are trying to co-opt the occupy wall st. movement. Keep in mind that liberals and their institutions have done nothing to address the decline in living standards, little to combat NAFTA, have offered support for our perpetual wars etc. Why should the 99% trust them? The only meaningful thing to do now is to hit the streets with peaceful non-violent civil disobience. No other options.
For more on this subject see Chris Hedges article:
http://www.commondreams.org/view/2011/10/17
09:03 AM on 10/18/2011
Prohibit the bundling of mortgages. Require a set downpayment that requires buyers to save and to have made an investment in that which they buy. Place limits on adjustable rate mortgages with the protection of the buyer in mind. Place limits on credit card debt and limits on the interest that can be charged. Simplify the truth in lending process and adopt the same with respect to health care policies and insurance policies. Separate commercial institutions from investment institutions. It ain't rocket science. It is all about understanding completely what you are doing and the folks making the money are all about confusing the buyer.
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InnaGaddaDaVida
follow the beat of your own drum
08:55 AM on 10/18/2011
Maybe part of the problem is that in a world that wants peace, our business is war. The only thing we manufacture now is guns, bombs, missiles, and other weapon systems for sale to the highest bidder. If you think we're in trouble now, what about when the world no longer wants our product?
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roy brophy
Dyslexic F. O. "Sorry!"
08:55 AM on 10/18/2011
The problem is congress and the whitehouse are for sale.
Untill we get public financing of elections we will have rule by the rich