Basically, the notion is that banks need to be stopped from taking risks, primarily by stopping them from engaging in proprietary trades that take risk onto their own balance sheets. And if those trades involve derivatives, then that's arguably even worse.
Now, the Volcker Rule is being criticised by its erstwhile supporters that it is too complicated, leaving too many loopholes and is taking too long to implement. Some even accuse the process of having been hijacked of Wall Street lobbyists. To those people, we should just have a short thing than bans "prop trading":
Paul Volcker wrote:I’d write a much simpler bill. I’d love to see a four-page bill that bans proprietary trading and makes the board and chief executive responsible for compliance. And I’d have strong regulators. If the banks didn’t comply with the spirit of the bill, they’d go after them.
I think that's misguided. People think of financial market risk as being this artificially created thing that banks generate to make money at the taxpayers' expense. But here is a different perspective, much closer to my own, courtesy of the excellent dealbreaker: http://dealbreaker.com/2011/09/lets-jus ... ters-evil/
In short, the distinction between risks created as part of the "normal" provision of market services and risks taken as "prop bets" is so loose as to be non-existent. Every trade involves two sides, and if a someone does a trade with someone else, they are automatically exposed to an unlimited universe of risks. Some of these risks can be hedged (either by taking a position purely for the bank's book, or by sending salesmen to sell something the bank wants to get rid of to someone else - and we know how that can end up). Others are precisely why banks exist in the first place: they are maturity transformation and credit allocation machines and if they took no risks, they wouldn't exist.
Nor can you just go ahead and appeal to some sort of "spirit of the law" on these issues: if people don't know ahead of time what they are supposed to comply with, then I don't think it's justifiable to punish them after the fact for non-compliance.
So while the Volcker Rule was a nice idea in theory, it has since become a monstrosity, trying to pin definitions to any kind of trading activity that might be conceivable. In the process it might shut down some markets more or less entirely (whether non-banks want to legitimately invest in it or not), while the main, biggest risks on banks' balance sheets will remain untouched.
So, would you agree with some or all of the above? Would you ban banks from "taking risks", and if so, how would you define them?


