In the classic film Casablanca, Captain Renault, the
local constable, feigns shock when, in a raid on Humphrey Bogart's nightclub,
he discovers rampant gambling. His prosecutorial zeal quickly evaporates when
he is plied with his regular cut of the action.
I don't know why I recalled this vignette when I read of
the president establishing an "inter-agency" Financial Fraud
Enforcement Task Force, that on paper, will ostensibly work with both state and
local authorities to investigate and ultimately, prosecute financial crimes.
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Also, according to the release sent out, part of the
mission will be to involve addressing discrimination in the lending and the
financial markets and recovering proceeds for alleged victims.
But I guess what really got me thinking was Attorney
General Eric Holder's statement upon the unveiling of this new special unit.
"This task force's mission is not just to hold
accountable those who helped bring about the last financial meltdown, but to
prevent another meltdown from happening," he said. He pledged that the
task force - I'll assume unlike Captain Renault - would be relentless in its
pursuit of corporate wrongdoing.
If the AG is serious about holding people accountable for
the last meltdown, perhaps someone should direct his attention to a roster of
willing enablers in the nation's capital.
For a start, let's hearken back to 1977 and the Community
Reinvestment Act, which for lack of a better description basically held a gun
to lender's heads and forced them to lend to people and communities who had no
semblance of a viable credit history or any method in which to meet payment
obligations. The cost of that debacle alone is estimated to exceed $1 trillion.
Exactly 22 years later, we were treated to the
Gramm-Leach-Bliley Act which was passed under the Clinton administration (yet
his successor was accorded most of the blame for its aftermath), which repealed
critical parts of Glass-Steagall, shattering the wall that had separated a
banks' savings and investment channels and allowing commercial banks,
investment banks, securities firms and insurance companies to consolidate into
financial services conglomerates.
That ushered in a whole new buffet of strange and murky
financial instruments like credit default swaps and collateralized debt
obligations that few understood and even fewer cared to investigate. Wall
Street firms were basically allowed to run around like 12-year olds after
drinking Red Bull.
Then there was the over-emphasis on home ownership, which
swelled the portfolios of both Fannie Mae and Freddie Mac so far beyond their
manageable means, that subsequent billion-dollar accounting frauds of both
should have come as a shock to exactly no one, especially current House
Financial Services Committee Chair Barney Frank and omnipresent media favorite
Sen. Charles Schumer of New York, each of whom gave their stamp of approval to
the solvency and long-term strength of those government-sponsored enterprises.
And lastly we had the consumers and borrowers themselves,
far too few of whom assumed stewardship of their own personal systemic risk by
signing loans without reading or understanding what terms like adjustable rate
mortgages meant and later found willing and gullible sympathizers in lawmakers
who took their plight straight to the TV cameras.
Realize that this is a rather truncated list of what
Captain Renault would call "the usual suspects," but it appears that
if this task force is to be taken seriously, it has a lot of work to do closer
to home than originally thought.
