The World is Flat...and Crooked
The punditocracy is gravely concerned about business ethics in America.
Bernard Madoff's "alleged Ponzi scheme was only slightly less outrageous than the 'legal' scheme that Wall Street was running, fueled by cheap credit, low standards and high greed," Thomas Friedman wrote Tuesday in the New York Times. "The Madoff affair is the cherry on top of a national breakdown in financial propriety, regulations and common sense. Which is why we don't just need a financial bailout; we need an ethical bailout."
"In all that's been said in recent days about the latest proposals to rescue the financial system, two words have been conspicuously absent," Steve Pearstein, a business columnist for the Washington Post, wrote in September. The words were "We're sorry." "What responsible, honorable people do is apologize for their mistakes, promise that it won't happen again and vow that they'll make it up to us once the crisis has passed," Pearlstein said. "But in the past year, we've not heard any of that from the titans of Wall Street."
And Pearlstein was in high dudgeon last week over Wall Street executives' continued lack of contrition. On Tuesday, Pearlstein wrote that instead of acknowledging mistakes, Wall Street executives insist that they are innocent victims of freakish, unforeseeable events "to explain why their company or their industry is suddenly in the soup," an argument that the economics blog Calculated Risk calls "Hoocoodanode."
"What capsized the economy was not a perfect storm," Pearlstein wrote, "but a widespread failure of business leadership--a failure that is only compounded when executives refuse to take responsibility for their misjudgments and apologize." Pearlstein wrote on Thursday that Wall Street executives' "leadership failure was a big part of how we got into this mess, and it continues with their stubborn refusal to take responsibility, apologize and ask for a chance to make things right."
I suggested a little repentance was in order more than a year ago, before all of Wall Street landed "in the soup," when the subprime meltdown was just causing millions of middle-class families to lose their homes to foreclosure. I thought that was reason enough:
The financial industry was engaged in a fierce public relations battle then to present the borrowers as unsympathetic, as speculators, or people who bought far more house than they could afford. Friedman repeated, uncritically, the story of a lender giving "a worker who makes only $14,000 a year a nothing-down and nothing-to-pay-for-two-years mortgage to buy a $750,000 home." Michael Lewis, in an otherwise useful and engaging article about Wall Street's securitization of subprime mortgages, repeated the same story with added details that the borrower was "a Mexican strawberry picker...with no English."
Like Reagan's "welfare queen," the story of the Mexican strawberry picker has a political point: subprime borrowers are not victims worthy of our sympathy, and subprime lenders and the Wall Street firms that bought the mortgages were therefore not villains. Even if true (the story of the welfare queen was wildly hyperbolic at best), the story of the Mexican strawberry picker presents no more accurate a picture of subprime mortgage lending than the story of the welfare queen presented of poverty in America.
I've written in the blogosphere before about the causes of the subprime mess. Almost three quarters of subprime mortgages were refinances, not mortgages to purchase a home. And well more than half of subprime mortgages during the frenzy from 2004 to 2006 were to borrowers who qualified for prime mortgages. Most of the subprime borrowers were middle class families that had a rainy day--illness, unemployment, divorce--and needed to borrow money against their home. The problem was the mortgages, not the borrowers: the mortgages stripped borrowers of the equity in their homes with unconscionable upfront costs, and trapped homeowners in a cycle of repeated borrowing.
Lenders often boasted in their offering documents that the subprime mortgages they were selling had subprime terms, but many of the borrowers qualified for better. Purchasers of the mortgages apparently never asked whether that meant that the borrowers had been cheated. And they never asked the next obvious question: if you cheated the borrowers, how do I know you won't cheat me? Instead, purchasers saw tidy profitability in prime borrowers in subprime mortgages.
Wall Street firms relied to their grief on rating agencies to tell them what they were buying. Middle class homeowners relied on mortgage brokers to tell them what they were signing, also to their grief.
So Steve Pearlstein is still waiting to hear "we're sorry" for the devastation that the securitization of subprime mortgages caused to Wall Street companies and hedge fund investors. And I'm still waiting to hear "we're sorry" for the devastation that subprime mortgages caused middle class homeowners.

















How about instead of pleading to these cretins for an apology we find a way to prosecute them for financial skullduggery and/or abrogation of fiduciary responsibility, and if found guilty make them return their ill gotten gains through monumental fines along with serving a few years in jail?
December 19, 2008 4:01 PM | Reply | Permalink
I agree
December 19, 2008 4:16 PM | Reply | Permalink
The last I heard, there were 26 pending criminal investigations arising out of the subprime meltdown and the ensuing financial crisis, mostly for accounting fraud. And there will be civil litigation on various theories that goes on for years.
But the lending practices were, for the most part, legal. Immoral, but legal.
December 19, 2008 5:38 PM | Reply | Permalink
Ethical bailout, eh, Mr. Friedman. Well... maybe not. Maybe the Fates practice collective punishment. Maybe it was karma's way of telling us, "Suck. On. This."
December 19, 2008 4:42 PM | Reply | Permalink
Mr Miller
I do not believe quoting Thomas Friedman is an effective way to try reach the average reader at this site. He is thoroughly discredited. Maybe in your social circles he is still considered a credible source, but not here.
December 19, 2008 5:49 PM | Reply | Permalink
Did you read past the second paragraph? Did you think the gist of what I wrote was praise for Friedman?
December 19, 2008 6:04 PM | Reply | Permalink
Mr Miller
Your Friedman quote was in support of your thesis, which is one for which I am sympathetic. I was just pointing out for the purpose of rhetorical impact, you could probably find a better source to make your point.
Maybe you should read your article again, you seem to have forgotten its structure.
December 19, 2008 7:35 PM | Reply | Permalink
While we can all argue about your writing skills, Rep. Miller, I say good on you for having the cojones to actually say something on one of these forums. Good to have a member of Congress join in our conversations. It's the way to take advantage of the fabulous possibilities of the web in a democracy. (BTW: I understood your point okay.)
December 19, 2008 8:16 PM | Reply | Permalink
I don't want to hear any apology or mea culpa from the Captains of Industry. They were, in their minds at least, just doing their jobs by trying to maximize profits for their companies and shareholders. And the way they did that was to embrace unethical and often illegal means to reach their ends. This has been going on since the dawn of time. These thieves and con-men who prey upon the people always find very willing accomplices in the ruling elite. A government of the people, by the people and for the people should, in theory, have the people's best interests at heart...but instead they're in bed with the miscreants they are supposedly protecting us from.
I will take you at face value Mr. Miller and truly believe that you want to stop the rich and powerful from being able to prey on the rest of us. But with so many of the politicians of your own party (and all of the opposition party) beholden to the miscreants, and with our legislators able to be bought and paid for under the guise of 'protected 1st amendment rights', color me skeptical that you'll be able to change our corrupt political system. I sincerely hope you are able to show my skepticism is unfounded...
I want to thank you for joining us here Mr. Miller and I am pleasantly surprised to see your level of engagement with us. Thanks...
December 19, 2008 9:17 PM | Reply | Permalink
Libertine,
hear, hear (or is it here, here?)
Mr. Miller may wish to clean the mess we're in up, but he first must clean up the Democratic party leadership that helped get us to where we are today when they joined the Republicans in bed with the Wall Street sharks and the boys in the corporate boardrooms.
We need a movement to remake the Democratic Party as the party of opposition to those who push unbridled capitalism.
December 20, 2008 10:34 AM | Reply | Permalink
Rep. Miller - good effort on your behalf. But you can't quote people like Friedman on this site or else all these TPM fanatics will attack you. They don't listen to anyone that has an alternative point of view.
It's sad but all these crazy Democrats don't listen to other people's arguments. They just attack you. It's always the fault of "Wall Street" and those "dirty Republicans" (although last time I checked there were alot of big-wig Democrats on Wall Street like Bernie Madoff)
December 20, 2008 4:37 PM | Reply | Permalink
Libertine:
the captains of industry were doing nothing of the sort. They flushed the money entrusted to them by shareholders down the toilet while awarding themselves huge salaries and, collectively, tens of billions (yes, with a b) in bonuses for their ostensible good performance.
But you don't even see them apologizing for that, much less for laying waste to the rest of the economy.
December 21, 2008 1:55 PM | Reply | Permalink
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