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On Wednesday, a subcommittee of the House Financial Services Committee is slated to hold a hearing on the so-called Volcker Rule. Named after the former Fed chairman, the rule calls for banks to stop trading their own funds (a.k.a. proprietary or "prop" trading), and cease investing in private equity funds or hedge funds.
In introducing the Volcker Rule two years ago this month, President Obama cited such as practices among "the excess and abuse that nearly brought down our financial system."
Proponents of the rule, which is part of the Dodd-Frank financial reform act, believe prohibiting such behavior will stop banks from taking excessive risk and thus reduce the odds they'll need another taxpayer-funded bailout.
But veteran bank analyst Chris Whalen has a very different view on the Volcker Rule, which he believes tackles a problem that doesn't really exist.
"Why are we doing this now when we still haven't gotten the Congress to focus on where the problem was?," asks Whalen, senior managing director at Tangent Capital Partners and vice chair of Institutional Risk Analytics.
Far more that prop trading, Whalen says the 2008 crisis was caused by the origination, sales and marketing of mortgage-backed and related securities, a.k.a. the syndicate desk, which was aided and abetted by Fannie Mae and Freddie Mac. In addition, the lack of regulation on over-the-counter derivatives and abuse of leverage by financial firms were far bigger contributors to the crisis and resulting bailouts than were banks' prop trading desks, he says.
"I'm not sure what it's meant to achieve," Whalen says of the Volcker Rule, chalking it up to the often mystifying process of making sausage…err, legislation in Washington.
If the rule doesn't make the financial system any safer, Whalen says it has triggered the law of unintended consequences. Specifically, he says anticipation of the Volcker Rule has resulted in a loss of jobs, most notably at JPMorgan, and a loss of liquidity in the financial markets.
After Occupy Wall Street, few tears are going to be shed for a bunch of out-of-work traders. Meanwhile, the Fed is working overtime to provide ample liquidity. Still, there's no arguing with Whalen's point that our elected officials and financial regulators have blown a golden opportunity to reform the system.
Aaron Task is the host of The Daily Ticker. You can follow him on Twitter at @aarontask or email him at altask@yahoo.com


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