By Simon Johnson. This is the text of a letter (about 2,000 words) submitted on Friday to the Financial Stability Oversight Council, in response to their request for comments on the Volcker Rule. The full letter is here and on regulations.gov. If you would like more background on the Volcker Rule and its political importance, please see this post and the links it provides.
Dear Members of the Financial Stability Oversight Council:
Thank you for the opportunity to submit these comments on the study regarding implementation of Section 619 of the Dodd-Frank Act, also known as the Merkley-Levin provisions on proprietary trading and conflicts of interest or as the Volcker Rule.
Summary
I would like to offer three main comments.
- Mismanagement of risks that involved effectively betting the banks’ own capital was central to the financial crisis of 2008; this is why our largest banks failed or almost failed. The Merkley-Levin Volcker Rule, properly defined, would significantly reduce systemic financial risks looking forward. Congressman Bachus’s comment to contrary (as submitted to the FSOC, as part of the Public Input for this Study, dated November 3, 2010) is completely at odds with the facts.
- Trades need to be scrutinized in a detailed and high frequency fashion. It is not enough to rely on relatively infrequent and “high level” inspections – or the established supervisory process. The comments provided to you in this regard by Senator Harkin (dated October 20, 2010) – and also by Senators Merkley and Levin (dated November 4, 2010) – are exactly on target.
- The separation between banks and the funds they sponsor, in any fashion, needs to be complete. The argument offered by State Street and other “Custodian Banks” in their comment to you (dated October 27, 2010) is worrying and potentially dangerous, because it ignores the basic economics that leads to bank failure.
The remainder of this letter expands on these points. Continue reading “Making The Volcker Rule Work”