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Rule change that blew up the banks

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Ever since this mortgage mess started I've been wondering what lit this catastrophic fire that has already destroyed so many major financial institutions, as well as the lives of millions of Americans who have lost their homes to foreclosures. While we've talked about the abuses of the mortgage mess, the true culprit is the easy money that was made available.

An asset bubble needs easy money in order to inflate the bubble and today's New York Times makes a good case that a 2004 rule change by the SEC gave the green light to major U.S. investment companies. This rule change lit the match that fueled this entire mess. So let's take a look at what the change is and how failures to use the tools available to the SEC led to our current disaster. And, by the way, our current Treasury secretary, Henry M. Paulson, Jr., headed Goldman Sachs (NYSE: GS) at the time of this disastrous rule change. Goldman was one of the five investment banks that pushed for this change.

In 2004, investment bankers wanted an exemption from an old tried-and-true regulation that limited the amount of debt they could take on. They thought they were grown ups who should be trusted to know how much risk they could take on and how they would control this risk to preserve their companies. Five commissioners of the SEC decided to believe them and quietly changed capital rules freeing up the companies to make their own debt level decisions. To make matters worse, they established a program that let these banks police themselves.

Well guess what, we now all know that self-preservation was not enough to protect these companies. Regulatory oversight enforced by the SEC would have been better. Over the past few years as these firms took advantage of the looser capital rules, their debt mounted and their risk avoidance programs failed. For example the New York Times said Bear Stearns leverage ratio rose to 33 to 1. In other words for every $1 it had in equity, Bear Stearns had $33 of debt. Other firms ratios also rose, but not as high.

Where did all the money go - into mortgage securities. The types of securities that freed up the cash for the abuses we saw from 2004 to 2007. Duke Professor James D. Cox summed up the problem in the Times story, "We foolishly believed that the firms had a strong culture of self-preservation and responsibility and would have the discipline not to be excessively borrowing. Letting the firms police themselves made sense to me because I didn't think the SEC had the staff and wherewithal to impose its own standards and I foolishly thought the market would impose its own self-discipline. We've all learned a terrible lesson."

Yes, we did learn a terrible lesson. Greed overtakes self-discipline and self-preservation in the business world. Clearly the executives of the investment banks worried more about lining their pockets than preserving the companies for which they worked. Responsibility to shareholders doesn't appear to even have crossed their minds. My only hope is that when the dust settles, these leaders of the destruction feel the same pain as all the investors and homebuyers are feeling today. Our legal system will most likely have to take over where the SEC failed in order to make this happen.

Lita Epstein has written more than 25 books including "Trading for Dummies" and "Reading Financial Reports for Dummies.

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Last updated: July 09, 2009: 03:47 PM

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