LyrArc Article Gist
A 2004 rule made under SEC Chairman Donaldson and requested by the investment banks one of which Goldman Sachs was headed by Paulson changed the whole playing field and created the dangerous situation of huge leveraging that has led to the collapse of some of these banks. Older regulations limited the amount of debt that these investment banks could take on. With the new rule billions of dollars held in reserve as a cushion against losses could now be used by these banks to invest in mortgage securities and credit derivatives, a form of insurance for bond holders. Others on the SEC who supported it included Goldschmid, an authority on securites law at Columbia who asked relevant questions but relied on the assurance of Annette Nazareth, head of market regulation that under the new rules the investment banks would also be restricted by the commission from risky activity, that under the new rule the SEC would be able to look into the books of the parent companies and subsidiaries of the investment banks. But no detailed and strict oversight methods were laid out, and instead these banks were allowed to go out on their own without any restrictions. The riskiness of investments would be measured by the computer models and brains not of the SEC but of the investment banks themselves. And these banks went on a leveraging binge with 33 to 1 for Bear Stearns which collapsed in 2008. One lone dissenter was a person who wrote the computer models to determine the riskiness of investments which were used by the banks, was at the University of Chicago, and was a risk management expert. He cautioned in a letter that these computer models had failed in the 1997 LTCM collapse and could not be relied on as environments change. At the SEC oversight was handled by 7 people and this was to oversee some $4 trillion in assets, hopelessly understaffed, and most of them believing that the investment banks would self police themselves as they were ideologically believers in deregulation. So no inspections were done for an year and half upto August 2008 even when there were clear signals of trouble according to an Inspector General's report. This group had no director since March 2007. Soon after the rule Donaldson the SEC chairman left and a Congressman from a conservative district in California became Chairman, Christopher Cox. He favored deregulation and may not have even been aware that the 2004 rule had created a new and dangerous environment, so he followed his instincts and even dismantled a risk management unit Donaldson had established. Which is why McCain has called for his firing.