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(Buried within this article about the attitude of the financial 
community toward Obama's new found "populism" is this: "The 
Buckingham Research Group estimated that the new rules would 
reduce revenue at Citigroup, Bank of America and JPMorgan Chase by 
less than 3 percent. Goldman Sachs, which typically derives a 
tenth of its revenue from such trading, said it would be able to 
contend with the new rules."


NY Times, January 22, 2010
Obama’s Move to Limit ‘Reckless Risks’ Has Skeptics
By SEWELL CHAN and ERIC DASH

WASHINGTON — President Obama wants to cut down to size those 
too-big-to-fail banks. But his vow on Thursday to rewrite the 
rules of Wall Street left many questions unanswered, including the 
big one: Would this really prevent another financial crisis?

The president’s proposals to place new limits on the size and 
activities of big banks rattled the stock market, but banking 
executives were perplexed as to how his plan would work. Indeed, 
many insisted the proposals, if adopted, would do little to change 
their businesses.

Moreover, it was unclear if the twin proposals — to ban banks with 
federally insured deposits from casting risky bets in the markets, 
and to resist further consolidation in the financial industry — 
would have done much if anything to forestall the crisis that 
pushed the economic system to the brink of collapse in 2008.

Mr. Obama appeared to be leaving crucial details to be hashed out 
by Congress, where partisan tussling has already threatened 
another reform the president supports — the creation of a consumer 
protection agency that would have oversight over credit cards, 
mortgages and other lending products.

Wall Street figures, many caught off guard by the news, reacted 
cautiously.

“I am somewhat skeptical about how much the federal government can 
actually regulate,” said John C. Bogle, the founder of Vanguard, 
the mutual fund giant. “We need to try, but all the lawyers and 
geniuses on Wall Street are going to figure out ways to get around 
everything.”

Indeed, Mr. Obama acknowledged that “an army of industry 
lobbyists” had already descended on Capitol Hill, but vowed, “If 
these folks want a fight, it’s a fight I’m ready to have.”

Shares of big banks — potentially the biggest losers should the 
proposals be enacted — fell sharply, dragging the broader market 
down by about 2 percent. Even as the markets stumbled, Mr. Obama — 
still stinging from the Democrats’ loss on Tuesday of the 
Massachusetts seat formerly held by Senator Edward M. Kennedy — 
ramped up his populist approach, one week after he proposed a new 
tax on large financial institutions to recoup projected losses 
from the 2008 bailout.

Mr. Obama said the banks had nearly wrecked the economy by taking 
“huge, reckless risks in pursuit of quick profits and massive 
bonuses.”

The administration wants to ban bank holding companies from 
owning, investing in or sponsoring hedge funds or private equity 
funds and from engaging in proprietary trading, or trading on 
their own accounts, as opposed to the money of their customers.

Mr. Obama called the ban the Volcker Rule, in recognition of the 
former Federal Reserve chairman, Paul A. Volcker, who has 
championed the proposal. Big losses by banks in the trading of 
financial securities, especially mortgage-backed assets, 
precipitated the credit crisis in 2008 and the federal bailout.

It was not clear, however, how proprietary trading activities 
would be defined.

Officials said that banks would not be permitted to use their own 
capital for “trading unrelated to serving customers.” Such a 
restriction would most likely compel banks that own hedge funds 
and private equity funds to dispose of them over time. Officials 
said, however, that executing trades on a client’s behalf and 
using bank capital to make a market or to hedge a client’s risk 
would be permissible.

Federal regulators have already leaned hard on banks to curb pure 
proprietary trading, and the banks expect that regulators will 
demand more capital if they keep making risky bets, making the 
practice far less profitable.

Some of the biggest firms, applying a narrow definition, say that 
pure proprietary trading constituted less than 10 percent of their 
revenue, and in some cases far less. Morgan Stanley, for example, 
already abandoned all but two proprietary trading desks last year.

The Buckingham Research Group estimated that the new rules would 
reduce revenue at Citigroup, Bank of America and JPMorgan Chase by 
less than 3 percent. Goldman Sachs, which typically derives a 
tenth of its revenue from such trading, said it would be able to 
contend with the new rules.

“I would say pure walled-off proprietary-trading businesses at 
Goldman Sachs are not very big in the context of the firm,” David 
A. Viniar, the firm’s chief financial officer, said in a 
conference call.

Mr. Obama also is seeking to limit consolidation in the financial 
sector, by placing curbs on the market share of liabilities at the 
largest firms. Since 1994, the share of insured deposits that can 
be held by any one bank has been capped at 10 percent.

The administration wants to expand that cap to include all 
liabilities, to limit the concentration of too much risk in any 
single bank. Officials said the measure would prevent banks at or 
near the threshold from making acquisitions but would not require 
them to shrink their business or stop growing on their own.

The Obama administration said the new proposals were in the 
“spirit of Glass-Steagall” — a reference to the Depression-era law 
that separated commercial and investment banking, which was 
repealed in 1999.

Economists have debated whether the repeal of that act contributed 
to the crisis. The two big investment banks that imploded, Bear 
Stearns and Lehman Brothers, were not commercial banks, and 
Goldman Sachs and Morgan Stanley converted to bank holding 
companies only after the system started to come unglued.

The industry was left buzzing with questions about timing and 
scope. Officials said the new restrictions would apply to overseas 
firms, like Barclays and UBS, with large American operations, but 
it was not clear how — or whether — foreign governments would go 
along. Officials also said the proposal called for a “reasonable 
transition period” for firms to comply with the rules, but the 
timetable was not specified.

Timothy F. Geithner, the Treasury secretary, and Lawrence H. 
Summers, the president’s chief economic adviser, developed the 
proposals at the request of the president and worked closely with 
Mr. Volcker, according to White House officials. The plan was 
completed over the holidays and submitted to the president with a 
unanimous recommendation from the economic team.

While Mr. Geithner and Mr. Summers debated concerns that 
proprietary trading was not at the heart of the recent crisis, 
they concluded that reforms needed to address potential sources of 
risk in the future.

Reaction on Capitol Hill also was muted, partly because neither 
party wanted to be seen as beholden to unpopular banks. The House 
bill passed last month would consolidate oversight, require 
stronger capital cushions for the largest banks and impose 
regulation of some derivatives. In many ways, the new White House 
proposal amplifies provisions in that bill that would have left 
regulators discretion over proprietary trading and excessive 
liability.

Sewell Chan reported from Washington, and Eric Dash from New York.

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