Blaming the Wrong People for 2008
by DOUGLAS FRENCH
While
telling the crash story, the movie flashes in and out of a street tour offered
by an ex-mortgage bond trader. The young man has the required effervescence to
keep a dozen tourists entertained while they look at nothing more interesting
than office buildings. He cleverly lets members of his tour touch a toxic
asset. Well, a page of the legal document of a collateralized debt obligation
(CDO), anyway.
The camera
pans to tourists taking pictures next to “Charging Bull,” the
7,100 lb. bronze sculpture closely associated with Wall Street. The guide
starts his tour saying what has become a worn out cliché. “Welcome to Wall
Street; this is the heart of American capitalism.”
But is Wall
Street really the heart of capitalism?
If we
understand capitalism as a social system of individual rights, a political
system of laissez-faire, and a legal system of objective laws, all applied to
the economy with the result being a free market, is Wall Street really
capitalist?
The laws
that govern the securities industry start with the Securities Act of 1933, the
Securities Exchange Act of 1934, the Trust Indenture Act of 1939, the
Investment Company Act of 1940, The Investment Advisors Act of 1940, the
Securities Investor Protection Act of 1970, the Insider Trading Sanctions Act
of 1984, the Insider Trading and Securities Fraud Enforcement Act of 1988, the
Private Securities Litigation Reform Act of 1995, and the Sarbanes-Oxley Act of
2002. Of course all of these acts weren’t enough to prevent the crash of 2008,
so we now have the Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010 and the Jumpstart Our Business Startups Act of 2012. That seems like a
whole lot of regulating for something that’s supposedly a capitalist
marketplace.
Back when
lawmakers were pithier in writing legislation, the Securities Exchange Act of
1934 ran 371 pages. Dodd-Frank totals 848 pages. This mountain of paper and
regulation is anything but laissez-faire. Thousands of government employees are
charged with enforcing these byzantine rules. Does this sound like the
deregulated, Wild West Wall Street we’re told brought the nation to its knees?
When
investment banks Goldman Sachs and Morgan Stanley were in danger of failing in
September 2008, they applied to become commercial banks; their applications
were quickly approved. Even in the boom times, bank charters normally took a
couple of years to be approved. Now, it’s impossible. The last de novo charter was approved in the fourth quarter
of 2010. While The New York Times made a big
deal of the additional regulations the banks would have to endure, these banks
were rescued as the FDIC insured their deposits, stemming a possible run. The
change also allowed the banking behemoths to borrow from the Fed against a wide
array of collateral. No one can call this “survival of the fittest” capitalism.