On Tuesday, regulators approved the long-awaited Volcker Rule. The final rule, which was also unveiled on Tuesday, was widely expected to be stricter than originally proposed. And in some ways it was. Bank CEOs will be required to certify that their firms are not violating the rule, which curtails the bets banks can make with their own money. And while banks will still be allowed to use their own money to hedge, financial firms are supposed to identify the exact risk they are trying to protect against.
But in other ways the rule turned out to be more permissive then some Wall Street banks feared and advocates of regulations hoped. Here is a list of the risky trades the big banks are still allowed to make under Volcker.
1) Leveraged Puerto Rican debt trade

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2) Repo-to-maturity European debt trade

3) Sovereign Debt Pairs trade

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4) Bet that housing zombies Fannie Mae and Freddie Mac come back to life

5) High frequency trading and dark pools

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Here’s how this plays out: If a bank thinks a lot of customers are likely to make a certain type of trade because the bank’s traders think it’s smart, then it is allowed to make that trade and to wait for clients to show up. If clients never show up to do the trade, or at least not as much as expected, oh well. The bank can then dump the position. Sound a bit like proprietary trading?
6) Rate flattener trade

One caveat to all this is that the rule does bar banks, no matter whether the trade is exempt or not, from taking risks that lead to “material exposures,” or “could be a threat to the safety and soundness of the bank entity or to the financial sector.” But the term material is not defined. And for a big bank like JPMorgan (JPM), a trade has to get really big before it becomes a risk to the entire financial sector. The London Whale’s $6 billion trading loss never threatened JPMorgan, so even that wouldn’t qualify.
And the list will probably grow. Lawyers are digging into the Volcker rule to tell their Wall Street clients what they can and can’t do under Volcker. Doug Landy, a top securities lawyer at Milbank, says it will be at least another five years before we truly understand what is and isn’t allowed under Volcker. And even that won’t be the end. “I will be working on Volcker and Dodd-Frank for the rest of my career,” says Landy. He’s 46.
