{"id":412,"date":"2010-12-10T09:27:14","date_gmt":"2010-12-10T16:27:14","guid":{"rendered":"http:\/\/fiduciarydutiesblog.com\/?p=412"},"modified":"2010-12-10T09:27:14","modified_gmt":"2010-12-10T16:27:14","slug":"thomas-schoenbaum-on-the-causes-of-global-financial-crisis-%e2%80%93-part-2","status":"publish","type":"post","link":"https:\/\/fresnolawyerblog.com\/?p=412","title":{"rendered":"Thomas Schoenbaum on the Causes of Global Financial Crisis \u2013 Part 2"},"content":{"rendered":"<p>Professor <a href=\"http:\/\/www.law.gwu.edu\/faculty\/profile.aspx?id=5950\" target=\"_blank\">Thomas Schoenbaum<\/a> from George Washington University has written a paper discussing the  worldwide financial crisis.\u00a0 His paper entitled \u201cSaving the Global  Financial System: International Financial Reforms and United States  Financial Reform, Will They Do the Job?\u201d, identifies 12 factors as  triggering the financial crisis.<\/p>\n<p>The second six are as follows (the first six are discussed in part 1).<\/p>\n<p><strong>7. Irresponsible Behavior and Fraud by Wall Street Professionals<\/strong>.  Investment abdicated their traditional roles as financiers for the  business world, and instead decided to make money using new models,  which profited from their good names.<\/p>\n<p>\u201cIn creating and profiting from new types of derivatives securities, such as <a href=\"http:\/\/accruedint.blogspot.com\/2007\/03\/how-does-cdo-work.html\" target=\"_blank\">CDO\u2019s and CDS\u2019s<\/a>,  Wall Street professionals were taking full advantage of a permissive  and inadequately policed system that encouraged sharp practices and  provided large rewards for excessive greed.\u00a0 Of course, fraudulent  activity also played a part: for example, Goldman Sachs, perhaps the  most respected name on Wall Street, has accepted a civil fine of $550  million (about two weeks worth of profits) to settle a fraud case  brought by the SEC accusing the firm of selling derivative investments  to customers that were secretly designed to fail.\u201d<\/p>\n<p><strong>8. Confused and Inconsistent Accounting Standards<\/strong>.\u00a0 A 2000 statue was supposed to establish the <a href=\"http:\/\/pcaobus.org\/\" target=\"_blank\">Public Company Accounting Oversight Board<\/a>, whose job is to regulate the accounting industry.<\/p>\n<p>Says Prof. Schoenbaum, \u201cRegretfully, this Board has been very slow to  act, prevented from getting off the mark by alleged conflicts of  interest and litigation begun with the intent to destroy it all together  . . . For whatever reason, the Board has not done its job and  accounting miscues and inconsistences contributed to the Global  Financial Crisis.\u00a0 For example Lehman Brothers was able to use  accounting rules to remove tens of billions of dollars from its balance  sheet according to an examiner\u2019s report.\u201d<\/p>\n<p>We\u2019ve been hearing about this for years.\u00a0 The investment banks were  permitted to restate income and to circumvent the accounting rules with a  wink and a nod from the government.\u00a0 You can\u2019t have a level playing  field unless the rules are uniformly enforced.<\/p>\n<p style=\"text-align: center;\"><a href=\"http:\/\/www.krbecheklaw.com\/wp-content\/uploads\/2010\/12\/India.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"aligncenter\" title=\"Fresno lawyers\" src=\"http:\/\/www.krbecheklaw.com\/wp-content\/uploads\/2010\/12\/India.jpg\" alt=\"India\" width=\"500\" height=\"335\" \/><\/a><\/p>\n<p><strong>9. The U.S. Federal Reserve\u2019s Botched Monetary Policy<\/strong>.\u00a0 \u201cAfter the bursting of the high-tech bubble in 2001, the Greenspan-led Federal Reserve <a href=\"http:\/\/www.adamsmith.org\/think-piece\/economy\/is-pain-aversion-a-good-basis-for-the-country%27s-economic-policy%3F\/\" target=\"_blank\">lowered interest rates to levels not seen in a generation<\/a>.\u00a0  These low rates persisted too long [, ] contributing to the asset  bubble that sparked the Crisis.\u00a0 Then, too late, the Fed rapidly raised  rates.\u00a0 Making up for lost time to kill the asset bubble.\u00a0\u00a0 Both polices  were badly mistaken.\u201d<\/p>\n<p>In the early 200s, the Fed wanted to propel a recovery from the  dot-com bust.\u00a0 Low interest rates encouraged the growth in  mortgage-backed securities; lack of oversight allowed the  mortgage-backed securities to flourish in an atmosphere free from  realistic oversight.\u00a0 The economy overheated, and the conductor failed  to apply the brakes before the train crashed.<\/p>\n<p><strong>10. U.S. Government Housing Policy<\/strong>.\u00a0 \u201cThe U.S. government is  far too involved in private housing market.\u00a0 In a misguided effort to  make every citizen a property owner, the U.S. government has skewed the  housing and mortgage markets as well as the prices for homes in the  United States.\u00a0 There is simply too much government interference in  housing.\u201d<\/p>\n<p>The author cites the<a href=\"http:\/\/www.ffiec.gov\/cra\/\" target=\"_blank\"> Community Reinvestment Act<\/a> as a contributor to bad lending decisions, stating \u201cthis is not the  appropriate role for government, which should enforce  anti-discrimination laws but should not pressure banks to make loans to  certain groups of people.\u201d<\/p>\n<p><strong>11. Repeal of the Glass-Steagall Act<\/strong>.\u00a0 \u201cThe Glass-Steagall  Act, which was enacted during the Great Depression, functioned to  insulate banks from the risks inherit investment banking.\u00a0 This law was  repealed [in 1999], which permitted consolidation of commercial banking,  investment banking, and insurance companies . . . The repeal of  Glass-Steagall was a reason why the Crisis infected the whole U.S.  financial system, not just investment banks.\u201d<\/p>\n<p>Many warned against the <a href=\"http:\/\/www.huffingtonpost.com\/2009\/05\/11\/glass-steagall-act-the-se_n_201557.html\" target=\"_blank\">repeal of Glass-Steagall<\/a>,  but the warnings were ignored.\u00a0 Hey, if we haven\u2019t had a banking crisis  in 70 years, we must have eradicated the problem, right?\u00a0 Wrong.\u00a0  Glass-Steagall served an admirable purpose, and must be reinstated.<\/p>\n<p><strong>12. Global Current Account Imbalances<\/strong>.\u00a0 A final global factor  is that, \u201cduring the period leading up to the Crisis the U.S.  experienced record trade in current account deficits.\u00a0 In 2006 the U.S.  current account deficits was $811 billion; in 2007 it was $738 billion.\u00a0  In 2008 the deficit declined slightly to $706 billion, and because of  recession a further decline was recorded in 2009 to $409 billion\u201d<\/p>\n<p>Such deficits cannot be sustained.\u00a0 \u201cDuring the boom years before the Crisis, record <a href=\"http:\/\/www.epi.org\/publications\/entry\/webfeatures_viewpoints_tradetestimony\/\" target=\"_blank\">U.S. trade deficits<\/a> were equal to approximately 2\/3rds of the trade surpluses of the rest  of the world.\u00a0\u00a0 While trade and current account deficits are not  inherently bad, when they become chronic and balloon out of proportion  they are a sign of structural problems that should be corrected.\u201d<\/p>\n<p>\u201cIn the case of the U.S. the current account deficits represents  inadequate savings and over-consumption.\u00a0 In the case of China, the  growing and chronic surpluses represent lack of adequate domestic demand  and too much saving . . . This imbalance cannot continue without  threatening the stability of the international monetary system.\u201d<\/p>\n<p><strong>Uniform Commercial Code Law Journal<\/strong>, Vol. 43, No.1 (October 2010) page 479.<\/p>\n<p>MS8QXUM93AJW<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Professor Thomas Schoenbaum from George Washington University has written a paper discussing the worldwide financial crisis.\u00a0 His paper entitled \u201cSaving the Global Financial System: International Financial Reforms and United States Financial Reform, Will They Do the Job?\u201d, identifies 12 factors as triggering the financial crisis. The second six are as follows (the first six are [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":["post-412","post","type-post","status-publish","format-standard","hentry","category-economics"],"_links":{"self":[{"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=\/wp\/v2\/posts\/412"}],"collection":[{"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=412"}],"version-history":[{"count":0,"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=\/wp\/v2\/posts\/412\/revisions"}],"wp:attachment":[{"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=412"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=412"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fresnolawyerblog.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=412"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}