Bethany McLean mostly misses with her column in The New York Times on who’s really to blame in the sordid Abacus scandal.
Yet, in the end, it comes down to this: Goldman Sachs, ACA Capital, IKB Deutsche Industriebank and even the rating agencies never had any duty to protect us from their greed. There was one entity that did — our government.
She goes on to make the legitimate point that regulators didn’t regulate—and she even brings up that the OCC and OTS actively prevented crackdowns on predatory lending by the states, which Secretary of the Audit Dean Starkman has emphasized.
But the government-did-it argument swallows its own tail. Why didn’t regulators regulate?
Ever heard of regulatory capture? Well then, who captured regulators like the OCC and OTS? That would be the financial industry, led by the likes of Goldman Sachs (yep, an Audit funder). The financial industry didn’t want them to regulate. It really boils down to that. Wikipedia actually has a pretty great description of regulatory capture. This is the first two paragraphs of the entry on regulatory capture:
Regulatory capture occurs when a state regulatory agency created to act in the public interest instead acts in favor of the commercial or special interests that dominate in the industry or sector it is charged with regulating. Regulatory capture is a form of government failure, as it can act as an encouragement for large firms to produce negative externalities. The agencies are called Captured Agencies.
For public choice theorists, regulatory capture occurs because groups or individuals with a high-stakes interest in the outcome of policy or regulatory decisions can be expected to focus their resources and energies in attempting to gain the policy outcomes they prefer, while members of the public, each with only a tiny individual stake in the outcome, will ignore it altogether. Regulatory capture refers to when this imbalance of focused resources devoted to a particular policy outcome is successful at “capturing” influence with the staff or commission members of the regulatory agency, so that the preferred policy outcomes of the special interest are implemented.
Anyone want to deny that that’s exactly what happened over the last thirty years or so? Even the ideological movement that provided the theoretical underpinning for gutting regulation had to get funded somewhere.
Here’s McLean:
More important, it was Congress that sat by idly as consumer advocates warned that people were getting loans they’d never be able to pay back. It was Congress that refused to regulate derivatives, despite ample evidence dating back to 1994 of the dangers they posed. It was Congress that repealed the Glass-Steagall Act, which separated investment and commercial banking, yet failed to update the fraying regulatory system.
Again, why did Congress refuse to regulate derivatives? Why did it repeal Glass-Steagall? It didn’t do it for you and me.
The problem here is the reliance on the gubmint boogeyman—as if it’s this self-directing entity operating in a vacuum. It’s appealing shorthand, and the government deserves a heaping helping of blame, but it’s misdirection, too. The government, in not regulating the financial industry, was acting not as a government of the people but of the financial industry—the one that paid for its campaigns and waited on the other side of a gold-plated revolving door.

It's kind of a circular conversation about which came first, the failure of govt to regulate? or the success of industry to evade regulation? But even if the industry can be identified as a dominant culprit, it is the bottom-line responsibility of our government to serve and protect the people from the predatory actions of the financial industry.
Throughout the crisis Wall St has often been compared to a casino. But the critics go no farther than that. I think the nature of gambling itself is a missing link in the analysis of the financial crisis. If you study the problems of casino gambling, it is hard to not recognize similar major themes as in the financial crisis, which are essentially regulatory capture and the exploitation of "dumb money".
The paper below is worth reading because in this well-regarded expert's very detailed explanations about how govt is captured by the official gambling industry, it is easy to recognize how govt became captured by the shadow gambling industry known as Wall St. And it's worth noting that other experts proposed regulating the derivatives market like gambling but it was a big win for Wall St that they managed to make that not happen. The consequence would have been in taxation because gambling winnings are taxed at a much higher rate than capital gains.
Another aspect of gambling that is relevant to the financial crisis is that gamblers are made, not born. There might be inherent disposition towards gambling but gambling addiction is a learned behavior; and the casino industry actively cultivates it. Gambling behavior is regulated by the brain. And video display terminals are known to be highly addictive. That's most obviously relevant to slots machines but it is a particular feature of our modern day world that for the first time in human history so many people are exposed to so many vdt's throughout our daily lives: tv's and computers.
I think gambling behavior has been overlooked in the search for answers about the financial crisis. There was a glimpse of it early on in 2008 when attention was focused on the role of CNBC's influence on traders who collapsed Bear Sterns with CNBC broadcasting continuously in their work environments. But no one really made the connection that there can be a an impact from electronic stimuli to influence the brain's decisions about money. It's very primal. I think it really matters that traders work in an stimuli-overloaded environment surrounded by computer screens, tv's, and loud noises. It would be interesting to know if anyone has scientifically compared the din of the traders' work environment with the visual/sound stimuli of a casino.
Suicide is a big negative impact from gambling (not a lot of people know that) and although we have not heard about many suicides from this crisis, it was a big part of the story about the crash in 1929. But there have been a few stories here and there about suicides linked to distress from this crisis: the guy who crashed his plane in the IRS building; some murder-suicides in families experiencing severe financial losses. There's a suicide in the Enron story. Once you know that detail as a negative outcome from gambling, it's hard to not wonder.
This article is worth reading.
Kindt JW. The failure to regulate the gambling industry effectively: incentives for perpetual non-compliance. Southern Illinois University Law Journal, Winter 2003, p 243.
"One technique the industry commonly uses to circumvent regulations is legal political contributions to gain influence. The industry then utilizes its lobbying power to bypass unfavorable regulations. The inordinate amounts of money available to gambling interests mean they are not financially limited in pursuing their political goals....Casinos have demonstrated no hesitation in challenging the authority of regulators when inconvenienced by regulatory actions."
THE FAILURE TO REGULATE THE GAMBLING I
#1 Posted by MB, CJR on Tue 27 Apr 2010 at 05:16 PM
Has anyone on the financial reporting side investigated the 'revolving door' problem the Government has had with other agencies (i.e., DoD)? Wouldn't that be one of the reasons why the regulators are not regulating? Is there any law that prevents a federal regulator from resigning and joinging one of the investment banks?
#2 Posted by dlamour, CJR on Wed 28 Apr 2010 at 07:28 AM