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Paul Volcker Makes a Comeback

Wednesday, February 3, 2010 | Teeka Tiwari

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Wall Street is in full fight mode because of the proposed so-called "Volcker Rule," which aims to bring increased regulation to the financial services industry.

This rule is named after its champion, former Federal Reserve Chairman Paul Volcker, who testified before the Senate Banking Committee yesterday to consider the proposal, which is also backed by President Obama.

Deja Vu, All Over Again...


This rule will attempt to split agency (handling customer orders) and propriety trading (also known as principal trading).

The gist of the rule is that, if you accept deposits (as in being a bank), then you can only trade on behalf of customers. You cannot trade on behalf of your own firm's account.

From 1933 until its repeal in 1999, the Glass-Steagall Act prevented commercial banks from conducting securities business. There was a strict separation between commercial banking and investment banking.

This law was born from the utter financial devastation that the United States experienced after the 1929 stock market crash.

Like 2008, the 1929 market was fueled by cheap money and 10%-down margin loans on stocks.



When the 1929 crash hit, more than 5,000 U.S. banks went out of business ... in large part because the banks had gorged themselves silly, lending money against overly inflated stocks.

Separating Plain Jane commercial banking from the far-riskier world of the securities business was an attempt by regulators to strengthen the U.S. banking system.

And you know what ... it worked!

Will Revamping Depression-Era Legislation Do the Trick?


We had Glass-Steagall for more than 50 years, and the markets operated just fine. Within 10 years of repealing the Glass-Steagall Act, the United States was brought to its knees.

Those guys in the 1930s knew what they were doing. They knew that the greed of the bankers would override common sense. They created the separation of commercial and investment banking to protect the country from the exact same shock that we have just gone through.

The Street is crying that the re-implementation of any rules splitting agency and principal trading will lead to illiquid markets.

What they don't say is that excess liquidity has a history of leading to excessive risk-taking. The subprime debacle was directly caused by too much cheap money chasing too little return.

Each year, there is only a finite supply of money-making opportunities available. Now, don't get me wrong -- it's a huge number.

Hundreds and hundreds of billions of dollars are made by financial institutions all over the world, every year.

So, there are a lot of money-making prospects present in the financial markets, but it does have limits.

Will They Ever Learn?


When you have an orgy of liquidity, such as we've had since 1998, you have more money chasing the same finite yearly returns.

This causes institutions to create new financial opportunities that typically involve taking on more risk. This is exactly how the subprime, CDO (Collateralized Debt Obligation) and CDS (Credit Default Swap) mess got started.

Banks, hedge funds and brokers were awash with hyper cheap cash and were desperate to put it to work.

A nascent booming real estate market provided the perfect vehicle to put trillions of dollars to work at exceptional rates of returns.

Almost overnight, an entirely new profit stream had been found and developed: the subprime mortgage.

'Greed is Good' -- Until it Isn't


Once a relatively quiet and small backwater market, the subprime space was never intended to become the recipient of so much funding.

It was excess liquidity that caused the subprime bubble to inflate. It was excess liquidity that caused so called smart and sensible bankers to make ridiculous assumptions and horrible decisions (just like they did in 1929).

Behind the facade of excess liquidity hides a myriad of potential trading minefields. Just look at AIGs $180 billion credit default swap fiasco.

AIG fooled itself into believing that a worst-case scenario could not happen, and the buyers of the swaps fooled themselves that they were protected and, thus, took on even more risk.

It became a self-reinforcing delusion.

Too much liquidity can mask horrible decision-making.

Money always has and always will flow to viable money-making opportunities. It's only marginal markets that will suffer, and even there you'll probably see spreads widen to properly value the risk of making a market in those less-liquid securities.

It won't be the end of the world that Wall Street is trying to spin. The Volcker Rule attempts to bring back the essence of the Glass-Steagall Act, and our markets sorely need this type of regulation.


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Teeka Tiwari
Chief Investment Officer
ETF Master Trader


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11 Comments

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  1. Megha (5 weeks ago) Is this Spam?

    My first ever comment:



    RIGHT ON
  2. Marty (5 weeks ago) Is this Spam?

    Seems to be the same type of failure as it was with the "short-trade-rule" 2007-2008.



    Bring it all back... brings LUCK!
  3. R.B. (5 weeks ago) Is this Spam?

    Finally an article I can agree with. Whatever convoluted, greed-infused capital-squandering schemes the banks can come up with to line their pockets at the expense of their shareholders, customers and depositors must be dealt with on a regulatory level or we will repeat in some form or another the recent meltdown. Apparently, banking industry self-governance is a total oxymoron, heavy emphasis on the MORON.
  4. David (5 weeks ago) Is this Spam?

    1999 Big shots at Citigroup, Sandy Weil and his now employee former Fed chairman/CEO of Goldman Sachs Robert Rubin lobbied congress to kill the Glass-Steagall Act for Weil's greedy ego. Gramm-Leach-Bliley Finacial Services Modernization Act was passed. It effectively put an end to separation of investment banks and commercial banks. The infamous Barney Frank supported that move along with freddie & fannie may debacle he orchestrated. Why is Frank still in Washington? Mixing bank deposit having gov. insurance with the high risk- high reward investing of investment banking leads to the greedy wall street Fat cats (with a bailout safety net) getting wealthier, leaving us the U.S. taxpayer to pay for their private jets, I am sick of it. Separate the two again and get our money back. Go vote and get rid of the politicians that supported the bill. No more Former Goldman Sacks employees as federal reserve chairmen in NY, Washington or any other district. Read "The Sellout" by Charles Gasparino as I did, it will name names.
  5. al (5 weeks ago) Is this Spam?

    Right on Teeka!!! Good comments from all but Jester does not have it right blaming the government for trying to provide housing for those who cannot afford it. I remember receiving invitations for credit cards daily (even my 2 year old back then) and a loan company called me 3-4times wanting me to refinance and finally shouted at me and called me stupid for not doing it...I could only have saved 1/2 of a percent! Also was selling a house and the buyer's loan company was giving 100% financing with insufficient income by buyer..but sad for me, the buyer realized he couldn't do it. In essence it is the pushers of the excess money not the gov!!

    Al
  6. Tony (5 weeks ago) Is this Spam?

    Thank you. 100% agree. Essential for a return of Glass Steagall Act priciples globally. Entities issued with bank licenses should not be allowed to own any trading entity or trade themselves - should be set up as separate businesses that can fail if they mis-calculate as has happened to many hedge funds. Banks, by virtue of their bank liecense, already have the capacity to make good money on loan book margin and fees which should not be allowed to subsidise other activities including trading - they are given an unfair advantage over other businessed competing in the market without a bank license - plus big ones with the added advantage of being backed by Government/Taxpayer. Longer term return of Glass Steagall principles will improve global markets and the likes of Goldman Sachs & co will adjust and should be forced to return to having a more normal share of global wealth. KEEP GOING WITH THIS PLEASE!
  7. jester112358 (5 weeks ago) Is this Spam?

    Theme of article: bankers/people are too greedy and don't understand the risks of leverage. Of course, the "cheap money" is made available from the government whose interest in promoting housing to people who have little or no income or skills is the real source of the current problem. So the solution is quit supporting inflated asset/housing prices and let them decrease to natural market levels consistent with real supply/demand-not more regulations which will never be enforced anyway.



    The P.S. solution:

    "Getting rich is the best revenge."

    i.e. more greed on the the part of individuals implemented via options (i.e. leverage). Any other readers note the contradiction?



    Actually, living well is the best revenge. And knowing when you have enough is the answer to the constant desire for more material wealth. There is great truth in the saying (from the budda): "Desire is the source of all unhappiness". Your greatest wealth is your skills/abilities and your health.
  8. Roy (5 weeks ago) Is this Spam?

    Why can't we have some banks that are strictly commercial bank and some banks that are commercial/investment bank so we can to choose which ones we want to deal with?
  9. David (5 weeks ago) Is this Spam?

    Teeka, thank you for this article. Having worked 26+ years with "Wall Street" types as a lawyer in the banking, investment and capital markets areas, I can tell you I think Volcker is right on, and kudos to you for acknowledging it. The federal deposit insurance regime puts taxpayers at risk for bank losses in the catastrophic circumstances (such as we have now) where the insurance premiums are not sufficient to cover losses. This exposure is ample reason and justification for federal regulation of commercial banks. Those businesses that don't wish to be subject to these restrictions need not be organized as "banks", and have other ways of taking quasi-deposits where the investor/depositor would not have the benefit of federal insurance.
  10. alan (5 weeks ago) Is this Spam?

    teeka- - -i have been screaming from the top of my lungs for over a year to bring back glass steagall. i was against its repeal. all the bankers did was open a new casino ala las vegas with all kinds of new games, such as the cdo, cds, mbs, etc. none of these things serve any useful purpose. banking and finance was doing just fine until the geniuses in congress bought into the new casino idea. now we all paying the price. i wrote all my congressmen on this issue more than once and got no response

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