Three Myths about the Crisis
Jeffrey Friedman

http://causesofthecrisis.blogspot.com/2009/09/three-myths-about-crisis-bonuses.html

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| To be sure, banks that bought mortgage-backed securities to reduce
| their capital cushions were, indeed, knowingly increasing their
| vulnerability if the securities went sour.[6] But absent the Recourse
| Rule, there is no reason that banks seeking a safe way to increase
| their profitability would have converged on asset-backed securities
| (rather than Treasurys or triple-A corporate bonds); thus, they would
| not have been so vulnerable to a burst housing bubble. The Recourse
| Rule artificially boosted the profitability of a certain type of
| investment that the Fed, the FDIC, and the other regulators thought
| was safe.

| We know in retrospect that the capitalists who took advantage of the
| Recourse Rule, such as those at Citibank, were making a mistake. But
| not all capitalists did. JPMorgan, for instance, recognized the danger
| and escaped destruction. None of these capitalists were irrational;
| all were self-interested; yet they had different perceptions of how to
| pursue their self-interest, based on different perceptions of risk.

| In relatively unregulated markets, this diversity of viewpoints is
| precisely what makes capitalism work. One capitalist thinks that
| profit can be made, and loss avoided, by pursuing theory A; another,
| by pursuing theory B. These heterogeneous strategies compete with each
| other, and the better ideas produce profits rather than losses. In a
| complex world where nobody really knows what will work until it is
| tried, competition is the only way that people’s endless capacity
| for error can be checked, and loss is the regrettable but inescapable
| result.

| In the banking industry, however, bankers’ heterogeneous ideas
| were homogenized (although not entirely) by the Recourse Rule, which
| loaded the dice in favor of the regulators’ idea of where risk
| did and did not lie. The regulators thought that AA or AAA tranches
| of asset-backed securities were 60-percent safer than individual
| mortgages. This was not an “irrational” theory, either: The
| tranching structure created by Moody’s, Standard and Poor, and Fitch
| had a lot to be said for it, and even the little-known fact that the
| SEC had effectively conferred oligopoly status on these three rating
| companies[7] did not guarantee that disaster would follow. But the
| crucial fact is that the Recourse Rule imposed a new profitability
| gradient over the bankers’ calculations, producing the same effect
| intended by all regulations: It altered their behavior, the better to
| align with the regulators’ ideas--in this case, their ideas about
| prudent banking. By thus homogenizing the inherently heterogeneous
| competitive process, the regulators inadvertently made the banking
| system more vulnerable--if, in fact, the regulators’ theory was
| wrong.

| If we seek the sources of a systemic failure, a logical place
| to look is among the legal rules that govern the system as a
| whole. Unfortunately, these rules, being legal mandates, have not
| survived a competitive process, so if they are based on mistaken
| ideas, we all suffer the consequences. That turned out to be the case
| with the Recourse Rule.

| Contrary to popular belief, then, the crisis of 2008 is best described
| as a crisis of regulation—not a crisis of capitalism.

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