An important article from an unlikely source:
http://www.forbes.com/2009/01/27/corruption-financial-crisis-business-corruption09_0127corruption.html
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One neglected dimension of political corruption is "state capture," or
just "capture." In this scenario, powerful companies (or individuals)
bend the regulatory, policy and legal institutions of the nation for
their private benefit. This is typically done through high-level
bribery, lobbying or influence peddling.

The cost to society of bribing a bureaucrat to obtain a permit to
operate a small firm pales in comparison with, say, a
telecommunications conglomerate that corrupts a politician to shape
the rules of the game granting it monopolistic rights, or an
investment bank influencing the regulatory and oversight regime
governing them.

As a country becomes industrialized, its governance and corruption
challenges do not disappear. They simply morph and become more
sophisticated: Transfer of a briefcase stashed with cash is less
frequent.
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Instead, subtler forms of capture and "legal corruption" exist: an
expectation of a future job for a regulator in a lobbying firm, or a
campaign contribution with strings attached. In many countries this
may be legal, even if unethical. In industrialized nations undue
influence is often legally exercised by powerful private interests,
which in turn influence the nation's regulations, policies and laws.

This has dire consequences: Witness the various forms of corruption
underlying the current global financial crisis that started in the
U.S.

There are multiple causes of the financial crisis. But we can not
ignore the element of "capture" in the systemic failures of oversight,
regulation and disclosure in the financial sector. Concrete examples
abound.

First, the way Freddie Mac (nyse: FRE - news - people ) and Fannie Mae
(nyse: FNM - news - people ) spent millions of dollars lobbying some
influential members of Congress in exchange for, among other things,
lax capital reserve requirements for these mortgage giants.

Second, how AIG's (nyse: AIG - news - people ) "small" derivatives
unit located in London managed to obscure its accounts, be governed by
lax regulatory oversight, and take inordinate risks that effectively
brought down AIG's empire of 100,000 employees in 130 countries,
accelerating the global financial crisis.

Third, how giant mortgage lenders such as Countrywide Financial
switched regulators so to fall under the lax oversight of the Office
of Thrift Supervision, which was funded by fees paid by the regulated
banks (and which also supervised AIG's derivative unit).

Fourth, how in April 2004, during a 55-minute-long meeting at the
Securities and Exchange Commission, the largest investment banks
persuaded the SEC to relax its regulatory stance and allow them to
take on much larger amounts of debt.

Finally, Madoff's giant Ponzi scheme, some of which appears to be
plain fraud, though system-wide irregularities also point to subtler
forms of corruption and capture. Years ago the SEC knew that Madoff,
who had served on the commission's own advisory committee, had
multiple violations and was misleading it in how he managed the funds
of his customers. Yet the SEC failed in unmasking the Ponzi scheme.

Consequently, the study of corruption ought to include acts that may
be legal in a strict narrow sense but where the rules of the game have
been bent. Would this broader view of corruption result in different
corruption ratings? Absolutely.

Let's look at the U.S. Over the past few years, traditional measures
of corruption, such as the Corruption Perceptions Index by
Transparency International, have placed the U.S. among the least
corrupt nations in the world, currently ranking No. 18 among 180 rated
countries.

In stark contrast, when in 2004 I calculated an index of "legally
corrupt" manifestations (measured through the extent of undue
influence through political finance and powerful firms influencing
politicians and policy making), the U.S. rated in the bottom half
among the 104 countries surveyed. Countries like the Netherlands,
Norway, Denmark and Finland exhibited low levels of "legal corruption"
(ranking Nos. 1 through 4, respectively). Yet the U.S. was rated 53rd,
a few ranks below Italy. Chile rated 18th. Also rating better than the
U.S. were countries like Botswana, Colombia and South Africa.




-raghu.


--
Always remember to pillage BEFORE you burn.
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