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	<title>Business Ethics &#187; Financial Crisis Inquiry Commission</title>
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		<title>What’s Happened to the Big Players in the Financial Crisis?</title>
		<link>http://business-ethics.com/2011/10/27/8190-cheat-sheet-whats-happened-to-the-big-players-in-the-financial-crisis/</link>
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		<pubDate>Thu, 27 Oct 2011 19:20:15 +0000</pubDate>
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				<category><![CDATA[Business Ethics]]></category>
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		<category><![CDATA[AIG]]></category>
		<category><![CDATA[Alan Greenspan]]></category>
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		<description><![CDATA[Widespread demonstrations in support of Occupy Wall Street have put the financial crisis back into the national spotlight lately.  So here’s a quick refresher on what’s happened to some of the main players, whose behavior, whether merely reckless or downright deliberate, helped cause or worsen the meltdown.]]></description>
			<content:encoded><![CDATA[<p><strong>by Braden Goyette <a href="www.propublica.org" target="_blank">ProPublica</a></strong></p>
<p><a href="http://business-ethics.com/wp-content/uploads/2011/10/Occupy_Wall_Street_September_30_2011_Shankbone_49.JPG"><img class="size-medium wp-image-8191 alignleft" title="Occupy_Wall_Street_September_30_2011_Shankbone_49" src="http://business-ethics.com/wp-content/uploads/2011/10/Occupy_Wall_Street_September_30_2011_Shankbone_49-300x235.jpg" alt="Occupy_Wall_Street_September_30_2011_Shankbone_49" width="168" height="132" /></a><span style="color: #ffffff;"> </span><strong>Widespread demonstrations in support of Occupy Wall Street have  put the financial crisis back into the national spotlight lately.</strong></p>
<p><strong>So here’s a quick refresher on what’s happened to some of the main  players, whose behavior, whether merely reckless or downright  deliberate, helped cause or worsen the meltdown. This list isn’t  exhaustive -- feel welcome to add to it.</strong></p>
<p><span style="color: #ffffff;">.</span></p>
<h3><span style="color: #ffffff;">.</span>Mortgage originators</h3>
<p>Mortgage lenders contributed to the financial crisis by issuing or underwriting loans to people who <strong><a href="http://www.telegraph.co.uk/finance/economics/2785403/Ninja-loans-explode-on-sub-prime-frontline.html" target="_blank">would have a difficult time paying them back</a></strong>, inflating a housing bubble that was bound to pop. <strong><a href="http://www.bloomberg.com/news/2011-01-27/fed-faulted-for-lax-mortgage-regulation-before-financial-crisis.html" target="_blank">Lax regulation</a></strong> allowed banks to stretch their mortgage lending standards and use  aggressive tactics to rope borrowers into complex mortgages that were  more expensive than they first appeared. Evidence has also surfaced that  <strong><a href="http://www.msnbc.msn.com/id/44365184/ns/business-real_estate/t/robo-signing-scandal-may-date-back-late-s/#.TpSdTf5Fu8M" target="_blank">lenders were filing fraudulent documents to push some of these mortgages through</a></strong>, and, in some cases, had been doing so as early as the 1990s. A 2005 Los Angeles Times <strong><a href="http://articles.latimes.com/2005/feb/04/business/fi-ameriquest4" target="_blank">investigation of Ameriquest</a></strong> – then the nation’s largest subprime lender<strong> </strong>–  found that “they forged documents, hyped customers' creditworthiness  and ‘juiced’ mortgages with hidden rates and fees.” This behavior was  reportedly typical for the subprime mortgage industry. A similar culture  existed at <a href="http://www.nytimes.com/2008/12/28/business/28wamu.html" target="_blank"><strong>Washington Mutual</strong></a><strong>, </strong>which went under in 2008 in the <strong><a href="http://www.msnbc.msn.com/id/36440421/ns/business-real_estate/t/investigation-finds-fraud-wamu-lending/#.Tp7lzN4UoqQ" target="_blank">biggest bank collapse</a></strong> in U.S. history.</p>
<p><strong>Countrywide, </strong>once the nation’s largest mortgage lender, also pushed customers to sign on for <strong><a href="http://www.nytimes.com/2007/08/26/business/yourmoney/26country.html" target="_blank">complex and costly mortgages that boosted the company’s profits</a></strong>. Countrywide CEO <strong>Angelo Mozilo</strong> was <strong><a href="http://www.nytimes.com/2010/10/17/business/17trial.html" target="_blank">accused of misleading investors</a></strong> about the company’s mortgage lending practices, a charge he denies.  <strong><a href="http://www.nytimes.com/2008/11/09/business/09magic.html?ref=thereckoning" target="_blank">Merrill Lynch</a> </strong>and<strong> </strong><a href="http://www.reuters.com/article/2011/08/23/us-deutschebank-mortgage-lawsuit-idUSTRE77M0E620110823" target="_blank"><strong>Deutsche Bank</strong></a> both<strong> </strong>purchased subprime mortgage lending outfits in 2006 to get in on the lucrative business. Deutsche Bank has also been accused of <strong><a href="http://online.wsj.com/article/SB10001424052748703834804576300911120513834.html" target="_blank">failing to adequately check on borrowers’ financial status</a></strong> before issuing loans backed by government insurance. A lawsuit filed by  U.S. Attorney Preet Bharara claimed that, when employees at Deutsche  Bank’s mortgage received audits on the quality of their mortgages from  an outside firm, they <strong><a href="http://blogs.wsj.com/deals/2011/05/03/deutsche-bank-unit-stuffed-mortgage-reviews-in-a-closet-literally/" target="_blank">stuffed them in a closet without reading them</a></strong>.  A Deutsche Bank spokeswoman said the claims being made against the  company are “unreasonable and unfair,” and that most of the problems  occurred before the mortgage unit was bought by Deutsche Bank.</p>
<p><strong>Where they are now: </strong>Few prosecutions have been brought against subprime mortgage lenders.<strong> </strong>Ameriquest <strong><a href="http://www.reuters.com/article/2007/09/01/us-citigroup-ameriquest-idUSN3128419320070901" target="_blank">went out of business in 2007</a></strong>,  and Citigroup bought its mortgage lending unit. Washington Mutual was  bought by JP Morgan in 2008. A Department of Justice investigation into  alleged fraud at WaMu <strong><a href="http://www.fbi.gov/seattle/press-releases/2011/department-of-justice-closes-washington-mutual-investigation-with-no-criminal-charges" target="_blank">closed with no charges</a></strong> this summer. WaMu also recently <strong><a href="http://online.wsj.com/article/SB10001424052702304584004576419740497824126.html" target="_blank">settled a class action lawsuit</a></strong> brought by shareholders for $208.5 million.<strong> </strong>In  an ongoing lawsuit, the FDIC is accusing former Washington Mutual  executives Kerry Killinger, Stephen Rotella and David Schneider of going  on a <strong>"</strong><a href="http://online.wsj.com/article/SB10001424052748703818204576206713256773914.html" target="_blank"><strong>lending spree, knowing that the real-estate market was in a 'bubble</strong>.'</a>" They deny the allegations.<strong> </strong></p>
<p><strong><a href="http://www.msnbc.msn.com/id/22606833/ns/business-real_estate/t/bank-america-acquire-countrywide/#.Tp7g0N4UoqQ" target="_blank">Bank of America purchased Countrywide</a></strong> in January of 2008, as delinquencies on the company’s mortgages soared  and investors began pulling out. Mozilo left the company after the sale.  Mozilo <strong><a href="http://www.nytimes.com/2011/02/20/business/20mozilo.html" target="_blank">settled</a></strong> an SEC lawsuit for $67.5 million with no admission of wrongdoing,  though he is now banned from serving as a top executive at a public  company. A criminal investigation into his activities fizzled out  earlier this year. Bank of America invited several senior Countrywide  executives to stay on and run its mortgage unit. Bank of America Home  Loans does not make subprime mortgage loans. Deutsche Bank is still <strong><a href="http://www.reuters.com/article/2011/08/23/us-deutschebank-mortgage-lawsuit-idUSTRE77M0E620110823" target="_blank">under investigation by the Justice Department</a></strong>.</p>
<h3>Mortgage securitizers</h3>
<p>In the years before the crash, banks took subprime mortgages, bundled  them together with prime mortgages and turned them into collateral for  bonds or securities, helping to seed the bad mortgages throughout the  financial system. <strong>Washington Mutual</strong>, <strong>Bank of America</strong>, <strong>Morgan Stanley </strong>and others were securitizing mortgages as well as originating them. Other companies, such as <strong>Bear Stearns, Lehman Brothers, </strong>and <strong>Goldman Sachs, <a href="http://www.nytimes.com/2008/10/05/business/05fannie.html?pagewanted=2&amp;ref=thereckoning" target="_blank">bought mortgages straight</a></strong> from subprime lenders, bundled them into securities and sold them to  investors including pension funds and insurance companies.</p>
<p><strong>Where they are now: </strong>This spring, New York’s Attorney General launched a <strong><a href="http://www.businessweek.com/news/2011-05-24/jpmorgan-ubs-deutsche-bank-said-to-face-n-y-mortgage-probe.htmlhttp:/www.huffingtonpost.com/2011/06/13/bank-of-america-mortgage-investigation-schneiderman_n_875681.html" target="_blank">probe into mortgage securitization</a></strong> at Bank of America, JP Morgan, UBS, Deutsche Bank, Goldman Sachs and Morgan Stanley during the housing boom. Morgan Stanley <strong><a href="http://www.housingwire.com/2011/09/27/morgan-stanley-agrees-to-pay-7-2-million-to-settle-nevada-mbs-dispute" target="_blank">settled with Nevada’s Attorney General</a></strong> last month following an investigation into problems with the securitization process.</p>
<p>As part of a proposed settlement with the 50 state attorneys general over foreclosure abuses, several big banks were <a href="http://www.ft.com/intl/cms/s/0/1ae9e320-fa98-11e0-8fe7-00144feab49a.html#axzz1bKRN2Lpv" target="_blank">o<strong>ffered immunity from charges related to improper mortgage</strong></a> origination and securitization. California and New York have <strong><a href="http://online.wsj.com/article/SB10001424052970204226204576603282938462192.html">withdrawn from those talks</a></strong>.</p>
<h3>The people who created and dealt CDOs</h3>
<p>Once mortgages had been bundled into mortgage-backed securities,  other bankers took groups of them and bundled them together into new  financial products called Collateralized Debt Obligations. CDOs are  composed of tiers with different levels of risk. As we’ve reported, <strong><a href="http://www.propublica.org/article/all-the-magnetar-trade-how-one-hedge-fund-helped-keep-the-housing-bubble" target="_blank">a hedge fund named Magnetar</a></strong> worked with banks to fill CDOs with the riskiest possible materials,  then used credit default swaps to bet that they would fail. Magnetar  says that the majority of its short positions were against CDOs it  didn’t own. Magnetar also says it didn’t choose what went its own CDOs,  though people involved in the deals who spoke to ProPublica <strong><a href="http://www.propublica.org/article/magnetar-gets-started">contradict this account</a></strong>.</p>
<p><strong>American International Group</strong>’s London-based financial products unit was among the entities that <strong><a href="http://www.nytimes.com/2008/09/28/business/28melt.html?scp=1&amp;sq=aig%20morgenson%20cassano&amp;st=cse&amp;pagewanted=2" target="_blank">provided credit default swaps on CDOs</a></strong>.  Though the business of insuring the risky securities made AIG large  short-term profits, it eventually brought the company to the brink of  collapse, prompting an $85 billion government bailout.</p>
<p><strong>Merrill Lynch, Citigroup, UBS</strong>, <strong>Deutsche Bank</strong>, <strong>Lehman Brothers</strong> and <strong>JPMorgan</strong> all made CDO deals with Magnetar. The hedge fund invested in 30 CDOs  from the spring of 2006 to the summer of 2007. The bankers who worked on  these deals almost always reaped hefty bonuses. From <strong><a href="http://www.propublica.org/article/all-the-magnetar-trade-how-one-hedge-fund-helped-keep-the-housing-bubble">our story</a></strong>:</p>
<p style="padding-left: 30px;">Even today, bankers and managers speak with awe at the  elegance of the Magnetar Trade. Others have become famous for betting  big against the housing market. But they had taken enormous risks.  Meanwhile, Magnetar had created a largely self-funding bet against the  market.</p>
<p>When banks found CDOs hard to sell, some of them, notably <strong>Merrill Lynch</strong> and <strong>Citibank</strong>, <strong><a href="http://www.propublica.org/article/banks-self-dealing-super-charged-financial-crisis/single" target="_blank">bought each other’s CDOs</a></strong>,  creating the illusion of true investors when there were almost none.  That was one way they kept the market for CDOs going longer than it  otherwise would have. Eventually CDOs began purchasing risky parts of  other CDOs created by the same bank. Take a look at our <strong><a href="http://www.propublica.org/special/cdo-world" target="_blank">comic strip explaining self-dealing</a></strong>, and our chart detailing <strong><a href="http://www.propublica.org/special/a-banks-best-customer-its-own-cdos" target="_blank">which banks bought their own CDOs</a></strong>.</p>
<p><a href="http://www.nytimes.com/2009/12/24/business/24trading.html?_r=1" target="_blank"><strong>Goldman Sachs</strong></a> and <a href="http://online.wsj.com/article/SB20001424052748704250104575238680672738838.html#mod%3Dtodays_us_page_one%26articleTabs%3Darticle" target="_blank"><strong>Morgan Stanley</strong></a> also made similar deals in which they created, then bet against, risky CDOs. The<strong> </strong>hedge fund <a href="http://www.propublica.org/blog/item/after-SEC-goldman-suit-other-banks-scrutinized" target="_blank"><strong>Paulson &amp; Co</strong></a> helped decide which assets to put inside Goldman’s CDOs.</p>
<p><strong>Where they are now: </strong>Overall, the banks and individuals  involved in CDO deals haven’t been convicted on criminal charges. The  civil suits against them have produced fines that aren’t very big  compared to the profits they made in the leadup to the financial crisis.  <strong><a href="http://www.sec.gov/news/press/2011/2011-131.htm" target="_blank">JP Morgan paid $153.6 million</a></strong> to settle an SEC suit alleging they hadn’t disclosed to investors that Magnetar was betting against Morgan’s CDO. <strong><a href="http://www.nytimes.com/2011/10/20/business/citigroup-to-pay-285-million-to-settle-sec-charges.html?nl=afternoonupdate&amp;emc=aua2" target="_blank">Citigroup just agreed to pay</a></strong> a $285 million fine to the SEC for betting against one of its mortgage-related CDOs. The lawsuit <strong><a href="http://www.propublica.org/article/did-citi-get-a-sweet-deal-banks-says-sec-settlement-on-one-cdo-clears-it-on" target="_blank">doesn’t mention dozens of similar deals</a></strong> made by Citi.</p>
<p>Magnetar is still thriving (the deals they made weren’t illegal according to the rules at the time). In 2007, Magnetar’s <strong><a href="http://www.propublica.org/article/magnetars-exit-a-deal-so-bad-even-a-credit-rating-agency-balked" target="_blank">founder took home</a></strong> $280 million, and the fund had $7.6 billion under management. The SEC is considering banning hedge funds and banks from <strong><a href="http://www.propublica.org/blog/item/sec-proposes-ban-on-magnetar-like-deals" target="_blank">betting against securities of their own creation</a></strong>. As of May 2010, federal prosecutors were investigating <strong><a href="http://online.wsj.com/article/SB20001424052748704250104575238680672738838.html#mod%3Dtodays_us_page_one%26articleTabs%3Darticle" target="_blank">Morgan Stanley</a></strong> over their CDO deals, and <strong><a href="http://www.nytimes.com/2010/07/16/business/16goldman.html" target="_blank">Goldman Sachs paid $550 million</a></strong> last year to settle a lawsuit related to one of theirs. Only <strong><a href="http://www.reuters.com/article/2011/09/22/us-goldmansachs-sec-tourre-idUSTRE78L6C520110922" target="_blank">one Goldman employee</a></strong>, Fabrice Tourre, has been charged criminally in connection to the deals.</p>
<p>Though recorded phone calls suggest that former AIG CEO Joseph  Cassano misled investors about the credit default swaps that contributed  to his company’s troubles, the evidence wasn’t airtight, and federal  probes against him fell apart in 2010. Cassano’s lawyers deny any  wrongdoing.</p>
<h3>The ratings agencies</h3>
<p><strong>Standard and Poor’s</strong>, <strong>Moody’s </strong>and <strong>Fitch </strong>gave their highest rating to investments based on risky mortgages in the years leading up to the financial crisis. <strong><a href="http://www.huffingtonpost.com/2011/04/13/credit-rating-agencies-triggered-crisis-report_n_848944.html" target="_blank">A Senate investigations panel found</a></strong> that S&amp;P and Moody’s continued doing so even as the housing market was collapsing. An SEC report also <strong><a href="http://www.reuters.com/article/2011/09/30/us-sec-raters-idUSTRE78S50920110930?feedType=RSS&amp;feedName=topNews">found failures at 10 credit rating agencies</a>.</strong></p>
<p><strong>Where they are now</strong>: The SEC is <strong><a href="http://www.propublica.org/blog/item/in-first-for-ratings-firms-sec-warns-sp-may-face-charges-financial-crisis" target="_blank">considering suing Standard and Poor’s</a></strong> over one particular CDO deal linked to the hedge fund Magnetar. The agency had previously <strong><a href="http://www.propublica.org/blog/item/moodys-having-escaped-sec-lawsuit-moves-to-shield-itself-from-liability" target="_blank">considered suing Moody’s</a></strong>, but instead issued a report <strong><a href="http://www.sec.gov/news/press/2010/2010-159.htm" target="_blank">criticizing all of the rating agencies</a></strong> generally. Dodd-Frank created a regulatory body to oversee the credit rating agencies, but its development has been <strong><a href="http://www.propublica.org/article/from-dodd-frank-to-dud/single">stalled by budgetary constraints</a>.</strong></p>
<h3>The regulators</h3>
<p>The <strong><a href="http://fcic-static.law.stanford.edu/cdn_media/fcic-reports/fcic_final_report_conclusions.pdf" target="_blank">Financial Crisis Inquiry Commission</a></strong> [PDF] concluded that the <strong>Securities and Exchange Commission </strong>failed  to crack down on risky lending practices at banks and make them keep  more substantial capital reserves as a buffer against losses. They also  found that the <strong>Federal Reserve </strong>failed to stop the housing bubble  by setting prudent mortgage lending standards, though it was the one  regulator that had the power to do so.</p>
<p>An internal SEC audit <strong><a href="http://www.cnbc.com/id/26905494/Audit_Report_Blasts_SEC_s_Oversight_of_Bear_Stearns" target="_blank">faulted the agency</a></strong> for missing warning signs about the poor financial health of some of the banks it monitored, <strong><a href="http://www.sec-oig.gov/Reports/AuditsInspections/2008/446-a.pdf" target="_blank">particularly Bear Stearns</a></strong>. [PDF] Overall, SEC enforcement actions went down under the leadership of <strong>Christopher Cox,</strong> and a 2009 GAO report found that he <strong><a href="http://www.bloomberg.com/apps/news?pid=newsarchive&amp;sid=aPus5C5B.JhQ">increased barriers to launching probes and levying fines</a>.</strong></p>
<p>Cox wasn’t the only regulator who resisted using his power to rein in  the financial industry. The former head of the Federal Reserve, <strong>Alan Greenspan, </strong>reportedly <strong><a href="http://online.wsj.com/article/SB118134111823129555.html?mod=todays_us_money_and_investing">refused to heighten scrutiny of the subprime mortgage market</a></strong>. Greenspan later said before Congress that <strong><a href="http://www.nytimes.com/2008/10/23/business/worldbusiness/23iht-gspan.4.17206624.html">it was a mistake</a></strong> to presume that financial firms’ own rational self-interest would serve as an adequate regulator. He has also said he <strong><a href="http://www.propublica.org/blog/item/greenspan-financial-crisis-not-my-fault">doubts the financial crisis could have been prevented</a>.</strong></p>
<p>The <strong>Office of Thrift Supervision</strong>, which was tasked with  overseeing savings and loan banks, also helped to scale back their own  regulatory powers in the years before the financial crisis. In 2003 <strong>James Gilleran </strong>and<strong> John Reich, </strong>then heads of the OTS and <strong>Federal Deposit Insurance Corporation</strong> respectively, <strong><a href="http://www.propublica.org/article/banks-favorite-toothless-regulator-1125">brought a chainsaw to a press conference</a></strong> as an indication of how they planned to cut back on regulation. The OTS  was known for being so friendly with the banks -- which it referred to  as its “clients” -- that Countrywide <strong><a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/11/22/AR2008112202213.html?nav=rss_politics" target="_blank">reorganized its operations</a></strong> so it could be regulated by OTS. As we’ve reported, the regulator failed to recognize serious <strong><a href="http://www.propublica.org/article/was-aig-watchdog-not-up-to-the-job" target="_blank">signs of trouble at AIG</a></strong>, and <strong><a href="http://www.propublica.org/article/indymac-exposes-rift-between-regulators" target="_blank">didn’t disclose key information</a></strong> about IndyMac’s finances in the years before the crisis. The <strong>Office of the Comptroller of the Currency</strong>, which oversaw the biggest commercial banks, also <strong><a href="http://www.propublica.org/blog/item/data-show-bank-regulator-goes-easy-on-enforcement" target="_blank">went easy on the banks</a></strong>.</p>
<p><strong>Where they are now: </strong>Christopher Cox <strong><a href="http://www.nytimes.com/2009/01/04/business/worldbusiness/04iht-spot05.4.19074574.html?pagewanted=all">stepped down</a></strong> in 2009 under <strong><a href="http://www.time.com/time/business/article/0,8599,1843519,00.html">public pressure</a></strong>. The OTS was dissolved this summer and its duties assumed by the OCC. As we’ve noted, the <strong><a href="http://www.propublica.org/article/from-dodd-frank-to-dud/single" target="_blank">head of the OCC has been advocating to weaken rules</a></strong> set out by the Dodd Frank financial reform law. The Dodd Frank law <strong><a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/07/21/AR2010072106390.html">gives the SEC new regulatory powers</a></strong>, including the ability to bring lawsuits in administrative courts, where the rules are more favorable to them.</p>
<h3>The politicians</h3>
<p>Two bills supported by <strong>Phil Gramm </strong>and signed into law by <strong>Bill Clinton</strong> created many of the conditions for the financial crisis to take place.  The Gramm-Leach-Bliley Act of 1999 repealed all the remaining parts of  Glass-Steagall, allowing firms to participate in traditional banking,  investment banking, and insurance at the same time. The Commodity  Futures Modernization Act, passed the year after, deregulated <strong><a href="http://www.investopedia.com/terms/o/otc.asp#axzz1bnfEs2VZ">over-the-counter</a> <a href="http://www.investopedia.com/terms/d/derivative.asp#axzz1bnfEs2VZ">derivatives</a> </strong>– securities like CDOs and credit default swaps, that derive their  value from underlying assets and are traded directly between two parties  rather than through a stock exchange. Greenspan and <strong>Robert Rubin</strong>, Treasury Secretary from 1995 to 1999, had both <strong><a href="http://www.nytimes.com/2008/10/09/business/economy/09greenspan.html?ref=thereckoning&amp;pagewanted=3">opposed regulating derivatives</a>. </strong><strong>Lawrence Summers</strong>, who went on to succeed Rubin as Treasury Secretary, also <strong><a href="http://www.treasury.gov/press-center/press-releases/Pages/rr2616.aspx">testified before the Senate</a></strong> that derivatives shouldn’t be regulated.</p>
<p>It’s worth noting the substantial lobbying efforts that accompanied the deregulation process. <strong><a href="http://fcic-static.law.stanford.edu/cdn_media/fcic-reports/fcic_final_report_chapter4.pdf">According to the FCIC</a> </strong>[PDF], between 1999 and 2008 the financial industry spent $2.7 billion  lobbying the federal government, and donated more than $1 billion to  political campaigns. While deregulation took place mainly under  Clinton’s watch, <strong>George W. Bush</strong> is faulted for <strong><a href="http://www.nytimes.com/2008/09/20/business/worldbusiness/20iht-prexy.4.16321064.html?pagewanted=all" target="_blank">not doing more to catch the out-of-control housing market</a></strong>.</p>
<p>As president of the New York Fed from 2003 to 2009, <strong>Timothy Geithner</strong> also missed opportunities to prevent major financial firms from self-destructing. As we <strong><a href="http://www.propublica.org/article/geithner-nyfed-tenure" target="_blank">reported in 2009</a></strong>:</p>
<p style="padding-left: 30px;">Although Geithner repeatedly raised concerns about the  failure of banks to understand their risks, including those taken  through derivatives, <strong><a href="http://www.propublica.org/article/how-citigroup-unraveled-under-geithners-watch" target="_blank">he and the Federal Reserve system did not act with enough force to blunt the troubles that ensued</a></strong>.  That was largely because he and other regulators relied too much on  assurances from senior banking executives that their firms were safe and  sound.</p>
<p><strong>Henry Paulson</strong>, Treasury Secretary from 2006 to 2009, has been  criticized for being slow to respond to the crisis, and introducing  greater uncertainty into the financial markets by <strong><a href="http://www.propublica.org/article/why-did-treasury-allow-lehman-to-fail" target="_blank">letting Lehman Brothers fail</a></strong>. In a 2008 New York Times interview, Paulson said he had no choice.</p>
<p><strong>Where they are now: </strong>Gramm has been a <strong><a href="http://financialservicesinc.ubs.com/revitalizingamerica/SenatorPhilGramm.html" target="_blank">vice chairman at UBS</a></strong> since he left Congress in 2002. Greenspan is retired. Summers served as a <strong><a href="http://www.politico.com/news/stories/0910/42511.html">top economic advisor to Barack Obama</a> </strong>until November 2010; since then, he’s been teaching at Harvard.  Geithner is currently serving as Treasury Secretary under the Obama  administration.</p>
<h3>Executives of big investment banks</h3>
<p>Executives at the big banks also took actions that contributed to the destruction of their own firms. According to the <strong><a href="http://www.gpoaccess.gov/fcic/fcic.pdf" target="_blank">Financial Crisis Inquiry Commission report</a></strong> [PDF], the executives of the country’s five major investment banks -- <strong>Bear Stearns, Goldman Sachs, Lehman Brothers, Merrill Lynch, </strong>and<strong> Morgan Stanley</strong> –<strong> </strong>kept such<strong> </strong>small  cushions of capital at the banks that they were extremely vulnerable to  losses. A report compiled by an outside examiner for <strong>Lehman Brothers</strong> found that the company was <strong><a href="http://www.nytimes.com/2010/03/12/business/12lehman.html" target="_blank">hiding its bad investments off the books</a></strong>, and Lehman’s former CEO <strong>Richard S. Fuld Jr.</strong> signed off on the false balance sheets. Fuld had <strong><a href="http://video.cnbc.com/gallery/?video=879787807" target="_blank">testified before Congress</a></strong> two years before that the actions he took prior to Lehman Brothers’  collapse “were both prudent and appropriate” based on what he knew at  the time. Other banks also kept billions in potential liabilities off  their balance sheets, <strong><a href="http://www.bloomberg.com/apps/news?pid=newsarchive&amp;sid=a1liVM3tG3aI" target="_blank">including Citigroup</a></strong>, headed by <strong>Vikram Pandit</strong>.</p>
<p>In 2010, we detailed how a group of Merrill Lynch executives <strong><a href="http://www.propublica.org/article/the-subsidy-how-merrill-lynch-traders-helped-blow-up-their-own-firm" target="_blank">helped blow up their own company</a></strong> by retaining supposedly safe – but actually extremely risky –  portions  of the CDOs they created, paying a unit within the firm to buy them  when almost no one else would.</p>
<p>The New York Times’ Gretchen Morgenson described how the <strong><a href="http://www.nytimes.com/2008/11/09/business/09magic.html?ref=thereckoning" target="_blank">administrative decisions of some top Merrill executives</a></strong> helped put the company in a precarious position, based on interviews with former employees.</p>
<p><strong>Where they are now:</strong> In 2009, two Bear Stearns hedge fund managers were <strong><a href="http://articles.latimes.com/2001/apr/19/business/fi-52865" target="_blank">cleared of fraud charges</a></strong> over allegedly lying to investors. A probe of Lehman Brothers <strong><a href="http://online.wsj.com/article/SB10001424052748703597804576194871565429108.html" target="_blank">stalled this spring</a></strong>. Merrill Lynch <strong><a href="http://online.wsj.com/article/SB122142278543033525.html?mod=special_coverage">was sold to Bank of America</a> </strong>in the fall of 2008. As for the executives who helped crash the firm, as <strong><a href="http://www.propublica.org/article/the-subsidy-how-merrill-lynch-traders-helped-blow-up-their-own-firm" target="_blank">we reported in 2010</a></strong>,  “they walked away with millions. Some still hold senior positions at  prominent financial firms.” Dick Fuld is still working on Wall Street,  at <strong><a href="http://www.thestreet.com/story/10757156/dick-fuld-re-emerges-at-legend-securities.html" target="_blank">an investment banking firm</a></strong>. Vikram Pandit remains the CEO of Citigroup.</p>
<h3>Fannie Mae and Freddie Mac</h3>
<p>The government-sponsored mortgage financing companies <strong>Fannie Mae and Freddie Mac <a href="http://www.nytimes.com/2008/10/05/business/05fannie.html?pagewanted=1&amp;ref=thereckoning" target="_blank">bought risky mortgages</a></strong> and guaranteed them. In 2007, <strong><a href="http://www.nytimes.com/2010/08/08/business/08gret.html" target="_blank">28 percent of Fannie Mae’s loans</a></strong> were bought from Countrywide. The <a href="http://" target="_blank"><strong>FCIC found</strong></a> [PDF] that Fannie and Freddie entered the subprime game too late and on  too limited a scale to have caused the financial crisis.  Non-agency-securitized loans had an <a href="http://" target="_blank"><strong>increased share of the market </strong></a>in the years immediately preceding the crisis.</p>
<p>Many believe that The Community Reinvestment Act, a government policy  promoting homeownership for low-income people, was responsible for the  growth of the subprime mortgage industry. This idea has largely been  discredited, since <strong><a href="http://www.businessweek.com/investing/insights/blog/archives/2008/09/community_reinv.html" target="_blank">most subprime loans were made by companies that weren’t subject to the act</a></strong>.</p>
<p>Still, Fannie and Freddie engaged in reckless behavior and sustained heavy losses as a result. The SEC <strong><a href="http://www.sec.gov/news/testimony/2006/ts061506cc.htm" target="_blank">slammed</a></strong> Fannie Mae for <strong><a href="http://www.washingtonpost.com/wp-dyn/articles/A41165-2004Sep22.html">improper accounting</a></strong> under the leadership of <strong>Frank Raines</strong> in the years preceding the financial crisis. A report by the Office of  Federal Housing Enterprise Oversight found that Fannie and Freddie  didn’t accurately disclose the risks they were taking and “<strong><a href="http://fhfa.gov/webfiles/747/FNMSPECIALEXAM.pdf" target="_blank">deliberately and intentionally manipulat[ed] accounting to hit earnings targets</a></strong>.” [PDF]</p>
<p><strong>Richard Syron </strong>and <strong>Daniel Mudd</strong> were at the helm of  Freddie and Fannie, respectively, when they began to buy large numbers  of subprime loans. Current and former Freddie Mac employees have accused  Syron of <strong><a href="http://www.nytimes.com/2008/08/05/business/05freddie.html?pagewanted=all" target="_blank">ignoring warnings</a></strong> about the health of the loans the company was buying. Syron and Mudd  maintain they could not have foreseen the rapid decline in the housing  market.</p>
<p><strong>Where they are now: </strong>As borrowers defaulted on mortgages they’d insured, Fannie and Freddie received a <strong><a href="http://projects.propublica.org/bailout/list/category/Government-Sponsored%20Enterprise">nearly $200 billion federal government bailout</a>,</strong> and the government took over their operations. They are <strong><a href="http://mobile.bloomberg.com/news/2011-09-09/fannie-freddie-said-near-settlement-with-sec-on-loan-disclosure" target="_blank">close to a settlement in an SEC lawsuit</a></strong>, and will neither admit nor deny that they failed to inform investors about risks of exposure to subprime mortgages.<strong> </strong>The Dodd Frank financial reform law stated that <strong><a href="http://www.opencongress.org/bill/111-h4173/text?version=enr&amp;nid=t0:enr:13717" target="_blank">serious reforms of Fannie and Freddie are needed</a></strong>, but didn’t address how they should be carried out. A report from Treasury Secretary Geithner called for the government to “<strong><a href="http://www.treasury.gov/initiatives/Documents/Reforming%20America%27s%20Housing%20Finance%20Market.pdf" target="_blank">ultimately wind down</a></strong>” the two mortgage giants. [PDF] In the meantime, taxpayers have been <strong><a href="http://www.nytimes.com/2011/01/24/business/24fees.html?pagewanted=all" target="_blank">shouldering their legal fees</a></strong>. Former Freddie and Fannie executives <strong><a href="http://dealbook.nytimes.com/2011/03/15/ex-chief-of-freddie-mac-may-face-civil-action/" target="_blank">Richard Syron</a></strong> and <strong><a href="http://dealbook.nytimes.com/2011/03/11/ex-fannie-mae-chief-may-face-s-e-c-charges/" target="_blank">Daniel Mudd</a></strong> received Wells notices this spring, a sign that the SEC is considering legal action against them.</p>
<p><strong>Photo:</strong> David Shankbone via Wikimedia Commons</p>
<p><em><strong><a title="ProPublica-Home" href="http://www.propublica.org/" target="_blank">ProPublica</a></strong> is an independent, non-profit  newsroom  that produces  investigative                         journalism in the public  interest.   This   article    is             republished      with    permission under a <strong><a title="Creative  Commons License" href="http://creativecommons.org/licenses/by-nc-nd/3.0/us/" target="_blank">Creative Commons</a></strong> license.</em></p>
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		<title>In Postcrisis Report, a Weak Light on Complex Transactions</title>
		<link>http://business-ethics.com/2011/02/03/1653-in-postcrisis-report-a-weak-light-on-complex-transactions/</link>
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		<pubDate>Thu, 03 Feb 2011 14:00:59 +0000</pubDate>
		<dc:creator>admin2</dc:creator>
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		<description><![CDATA[Reporter Jesse Eisinger credits the Financial Crisis Inquiry Commission's just released report for being full of fascinating information and detail.  Its biggest failing, he suggests, "is its timidity in engaging the most important question looming over the crash: What did Wall Street know and when did it know it?"]]></description>
			<content:encoded><![CDATA[<p><strong>by Jesse Eisinger, <a href="http://www.propublica.org" target="_blank">ProPublica</a></strong><a href="http://www.propublica.org/site/author/jesse_eisinger/"><br />
</a><br />
The report from the <a href="http://www.fcic.gov/" target="_blank"><strong>Financial Crisis Inquiry Commission</strong></a> has been <strong><a href="http://www.bloomberg.com/news/2011-01-28/wall-street-s-collapse-to-be-mystery-forever-commentary-by-jonathan-weil.html">assailed</a></strong><span> </span>as a <strong><a href="http://www.nytimes.com/2011/01/30/opinion/30partnoy.html">confusing</a> <a href="http://www.nytimes.com/2011/01/29/business/29nocera.html">mishmash</a> </strong>-- poorly organized, unclear about what's new and weakened by  conclusions that are at once obvious and unsatisfying. The problems of  the commission were evident from the start: its mandate was too broad,  its timetable too short, its budget too small and its commissioners too  partisan.</p>
<p>Those criticisms are true, but overdone.</p>
<p><a href="http://business-ethics.com/wp-content/uploads/2011/02/fcic_final_report_full-1.jpg"><img class="alignleft size-medium wp-image-6334" title="fcic_final_report_full 1" src="http://business-ethics.com/wp-content/uploads/2011/02/fcic_final_report_full-1-193x300.jpg" alt="fcic_final_report_full 1" width="116" height="180" /></a>The report is full of fascinating information, rich detail and fine  documentary evidence. The commission should be celebrated for putting  more than 1,100 <strong><a href="http://www.propublica.org/special/fcic-document-dive">documents online</a></strong> for anyone to search.</p>
<p>For me, the report's biggest failing is its timidity in engaging the  most important question looming over the crash: What did Wall Street  know and when did it know it?</p>
<p>The commission was right to devote a great deal of space in the report  to collateralized debt obligations, the bundles of mortgage-backed  securities that were at the heart of the financial crisis. CDOs brought  down the Bear Stearns hedge funds that precipitated the emergency. CDO  positions brought Merrill Lynch and Citigroup to the brink.</p>
<p>One of the most pernicious aspects of that business was "cross-buying" —  CDOs buying pieces of other CDOs. That rendered them more related to  each other and more prone to failure. As Jake Bernstein and I <strong><a href="http://www.propublica.org/article/banks-self-dealing-super-charged-financial-crisis">reported</a></strong> for ProPublica, banks were engaged in self-dealing, pushing pieces of  CDOs that they were having trouble selling into others and then  retaining most of the new CDO</p>
<p>The report sheds new light on this practice, particularly at Merrill  Lynch. But it's also maddeningly elliptical. According to the report,  the Securities and Exchange Commission says that "heading into 2007,  there was a Streetwide gentleman's agreement: You buy my BBB tranches  and I'll buy yours."</p>
<p>Quid pro quos like this could help sell otherwise unsalable pieces, in  order to complete deals and generate fees. Such arrangements could also  be made to preserve the value of assets that were otherwise collapsing.  Such behavior could run afoul of securities manipulation laws.</p>
<p>But the report doesn't elaborate or offer internal bank evidence showing how banks struck these deals.</p>
<p>A letter to the Financial Crisis Inquiry Commission from Brad Karp, a  lawyer representing Citigroup, suggests that the commission has more  documents on Citigroup's CDO business, including a chart "that details  the amount and percentage of Citi-structured CDO securities in  Citi-structured CDO transactions."</p>
<p>In other words, the chart shows how much of its own product Citigroup  stuffed into new CDOs. The report identifies why the bank might do that:  Citigroup "reported these tranches at values for which they could not  be sold, raising questions about their accuracy and, therefore, the  accuracy of reported earnings."</p>
<p>But the commission hasn't yet made the chart public. And it doesn't  provide enough new information to fully understand on how the bank  justified its valuations. <strong><a href="http://www.nytimes.com/2010/07/30/business/30citi.html?_r=2">The S.E.C. accused Citigroup</a></strong> and two executives of failing to disclose its positions, but the subsequent settlement was a mere slap on the wrist.</p>
<p>Citigroup declined to comment, but added that it was "a fundamentally different company today than it was before the crisis."</p>
<p>Then there is the question of credit rating agencies' culpability in the  asset-backed securities debacle. One of the central questions of the  CDO business: How were the banks able to create tens of billions of CDOs  in the spring of 2007, after the market was already falling apart?</p>
<p>One <strong><a href="http://www.propublica.org/documents/item/30266-moodys-yoshizawa-email-to-kirnon-mcdaniel-kolchinsky-re-csfb-pipeline">troubling document</a></strong><span> </span>from March 2007 suggests that Moody's knew the games that were being  played. Yuri Yoshizawa, who was then in charge of CDOs, e-mailed Raymond  W. McDaniel Jr., the chief executive of Moody's, to say that banks like  Merrill, Citi and UBS are "still furiously doing transactions to clear  out" their balance sheets but that a well-placed banker "doesn't believe  that they are selling much of the CDO paper." She wrote that other  bankers had told her that the "banks feel that the mark-to-market is  less volatile in CDO paper."</p>
<p>In plain English, that suggests that Moody's executives, including the  chief executive, knew banks were making new CDOs to create the illusion  there were buyers for assets they wanted to avoid taking losses on. Yet  Moody's didn't stop rating new CDOs -- and didn't downgrade CDOs for  months. But the report doesn't push this line of inquiry.</p>
<p>A Moody's spokesman said, "Throughout this period, Moody's was  communicating to the market about what we were observing, including the  likelihood of increased defaults in CDOs, though neither we nor other  market observers fully anticipated the distress that this market would  ultimately experience."</p>
<p>Finally, there's the issue of how complicit bankers were in creating  CDOs that were built to fail. The commission considered this topic at  length, but didn't add much to the story that hasn't been reported  elsewhere.</p>
<p>"No lawyer worth his salt can't fight a subpoena for a year." Josh  Rosner, of the independent research firm Graham-Fisher &amp; Company,  said to me about the commission's subpoena power at the beginning of the  investigation.</p>
<p>Sure enough, the Financial Crisis Inquiry Commission, constrained by  this weakness, mostly just requested documents rather than demanding  them by using subpoenas. Banks sometimes complied, but didn't have to.</p>
<p>In one important instance, Bank of America <strong><a href="http://www.propublica.org/article/new-documents-show-hedge-fund-magnetar-influenced-deal-despite-denials">"failed to produce documents"</a></strong> requested by the commission, the report says. The documents might have  further illuminated what bankers at Merrill Lynch, taken over by Bank of  America at the height of the panic, knew about a hedge fund's influence  on CDOs that it was betting against, a topic we also <strong><a href="http://www.propublica.org/article/all-the-magnetar-trade-how-one-hedge-fund-helped-keep-the-housing-bubble">wrote about</a></strong> last year. Bank of America played hardball on request, and the  commission's staff was unlikely to get enough votes from commissioners  to subpoena the bank, according to a person knowledgeable about the  matter.</p>
<p>Bank of America said that it produced more than a million pages of  documents to the commission and that it had provided these particular  documents to other regulators on a confidential basis, but it was unable  to reach a confidentiality agreement with the inquiry commission.</p>
<p>There is hope. The commission is expected to continue releasing  documents, including transcripts of interviews with bankers. Reporters  are likely to find stories for months in the trove of documents, and  historians will make use of the report for decades to come.</p>
<p><em><strong><a title="ProPublica-Home" href="http://www.propublica.org/" target="_blank">ProPublica</a></strong> is an independent, non-profit  newsroom  that produces  investigative            journalism in the public  interest.   This  article is    republished      with    permission under a <strong><a title="Creative  Commons License" href="http://creativecommons.org/licenses/by-nc-nd/3.0/us/" target="_blank">Creative Commons</a></strong> license.</em></p>
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		<title>The Ethical Risk of Business as Usual</title>
		<link>http://business-ethics.com/2010/06/29/1555the-ethical-risk-of-business-as-usual/</link>
		<comments>http://business-ethics.com/2010/06/29/1555the-ethical-risk-of-business-as-usual/#comments</comments>
		<pubDate>Tue, 29 Jun 2010 07:03:29 +0000</pubDate>
		<dc:creator>admin2</dc:creator>
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		<description><![CDATA[Columnist Gael O'Brien wonders what it will take to convince corporate leaders to build into their risk management strategies the capacity to ask crucial questions about ethical liability, as is done with legal liability. Such a step, she says, would be hardly radical and would have the objective of putting ethical conduct on the table as a deliberate outcome.]]></description>
			<content:encoded><![CDATA[<p><strong>by Gael O’Brien</strong></p>
<p>Poorly managed corporate risk all too often becomes risk that stakeholders unwittingly end up assuming. The consequences can be dire: Think deaths and accidents from unintended acceleration in now-recalled <a href="http://theweekinethics.wordpress.com/2010/03/04/the-week-in-ethics-toyota-and-the-ethics-of-greed/" target="_blank"><strong>Toyota vehicles</strong></a>, the shocking demise of <a href="http://www.usatoday.com/money/markets/2009-09-10-lehman-triggers-financial-chaos_N.htm" target="_blank"><strong>Lehman Bros.</strong></a> <a href="http://www.usatoday.com/money/markets/2009-09-10-lehman-triggers-financial-chaos_N.htm"></a>that fueled the global economic meltdown, or the deaths of oil platform workers in the explosion that started BP’s environmental catastrophe in the Gulf of Mexico.</p>
<p><a href="http://business-ethics.com/wp-content/uploads/2010/06/Risk_Ahead_iStock_11676348X_Feature.jpg"><img class="alignleft size-thumbnail wp-image-3802" title="Risk_Ahead_iStock_11676348X_Feature" src="http://business-ethics.com/wp-content/uploads/2010/06/Risk_Ahead_iStock_11676348X_Feature-150x150.jpg" alt="Risk_Ahead_iStock_11676348X_Feature" width="150" height="135" /></a>Scandal affecting public figures also continually demonstrates the high costs of poorly managed risk. Estimates are, for example, that <a href="http://www.thestreet.com/story/10787342/tigers-scandal-a-30-million-hit.html" target="_blank"><strong>Tiger Woods lost between $23 to $30 million</strong></a> in endorsement deals last year, even though according to Forbes, he still topped other sports icons’ endorsements.  Finance professors at <a href="http://www.thestreet.com/story/10653117/1/tiger-woods-costs-investors-12-billion.html" target="_blank"><strong>University of California at Davis</strong></a> estimated that shareholders of companies sponsoring Woods lost between $5 billion to $12 billion  in market value from November 17, 2009, when the scandals around his private life broke, to December 17, 2009.</p>
<p>Especially troubling here is that no matter how many examples establish irrevocably the very high human and financial consequences of reputation damage, and no matter how often leaders talk about the importance of having or regaining trust and reputation, the examples keep happening in different companies, with different leaders, with harm inflicted in different ways. It is almost a perverse corporate version of the movie <a title="Groundhog Day" href="http://www.youtube.com/watch?v=T_yDWQsrajA  " target="_blank"><strong>“Groundhog Day”</strong></a> in which a calamitous day keeps repeating itself until the hero figures out what he has to do differently to find a way out.</p>
<p><strong>Risk Management and Ethics</strong></p>
<p>When will it be the right time for corporate leaders to do things differently? Mediator extraordinaire <a href="http://www.time.com/time/nation/article/0,8599,1903547,00.html" target="_blank"><strong>Kenneth Feinberg</strong></a> can’t be everywhere. His newest assignment is <a href="http://www.washingtonpost.com/wp-dyn/content/article/2010/06/18/AR2010061805507.html" target="_blank"><strong>administering BP’s $20 billion oil damages fund</strong></a>; his intervention deemed necessary because there was little trust in BP’s handling of the claims.</p>
<p>A recent supplemental research <a href="http://www.ethics.org/files/u5/CultureSup4.pdf" target="_blank"><strong>report by the Ethics Resource Center</strong></a> observes that companies are put at risk when leaders fail to see that ethical leadership  is a vital component of effective and responsible management.</p>
<p>Companies that put themselves at risk and whose behavior is also considered to have contributed to the financial meltdown have been required to appear at so many hearings, they’ve worn a virtual path to Washington DC. On June 30 and July 1, 2010, Goldman Sachs and AIG face questions from the <a href="http://www.fcic.gov/hearings/06-30-2010.php  " target="_blank"><strong>Financial Crisis Inquiry Commission</strong></a> on The Role of Derivatives in the Financial Crisis.  In that venue, companies are seen as the problem, not part of the solution; so the public relations hits to reputation are high.</p>
<p>The jury is out on what it will take to convince corporate leaders to build into their risk management strategies the capacity to ask crucial questions about ethical liability, as is done with legal liability. Such a step, hardly radical, would have the objective of putting ethical conduct on the table as a deliberate outcome; evaluating business strategies and actions to assess the potential for unintended consequences that could harm credibility, trust, reputation, and their stakeholders.</p>
<p><strong>Getting on the Bandwagon</strong></p>
<p>An easier way to court public favor seems to be on the sustainability bandwagon. A recently-released <a href="http://www.unglobalcompact.org/docs/news_events/8.1/UNGC_Accenture_CEO_Study_2010.pdf" target="_blank"><strong>UN Global Compact/Accenture Survey</strong></a> (PDF) states, “Demonstrating a visible and authentic commitment to sustainability is especially important to CEOs because it is part of an urgent need to regain and rebuild trust from the public and key stakeholders...trust that was shaken by the recent global financial crisis.” Of the 766 global CEOs surveyed, 72 percent say “strengthening brand, trust and reputation is the strongest motivator for taking action on sustainability issues.”</p>
<p>One of the disconnects pointed out in the survey is that CEOs often assume their own company is more respected and trusted than their industry. This can fuel arrogance and lead to miscalculations. However, even having more trust and respect than accorded others in your industry can evaporate fast as we saw when Toyota’s gold standard of quality fell like a house of cards. Another disconnect is that while 92 percent of CEOs say sustainability should be embedded throughout the organization, only 59 percent are actually doing that. So, how much weight do we give here for intentions?</p>
<p>While 54 percent of CEOs say sustainability will be fully integrated in core business in another 10 years, the qualifiers are based on a number of factors coming into play, including creating a viable market for sustainable products and services. So bets are hedged. Also problematic is the 72 percent of CEOs who say brand, trust and reputation (essentially intangibles) are their biggest motivators for sustainability; standard drivers for business decisions like revenue growth, cost reduction, personal motivation and customer demand are motivators for less than half the CEOs.</p>
<p>This begs the question: Will CEO commitment for sustainability have the enduring motivation to do the hard work of building ethical and responsible corporate policies and practices? Or is it a public relations placeholder until something else comes along?  Commitment to making sustainability real would be a big step forward in ethical leadership. So too would consciously looking at potential ethical liabilities, before taking a course of action. Continuing with business as usual and expecting different outcomes is my definition of insanity. The lessons of the past several months offer ample reason to ensure that ethical considerations are paramount in corporate risk assessment.</p>
<p><em><a href="http://business-ethics.com/wp-content/uploads/2010/05/Gael-OBrien.jpg"><img class="alignleft size-full wp-image-3353" title="Gael OBrien" src="http://business-ethics.com/wp-content/uploads/2010/05/Gael-OBrien.jpg" alt="Gael OBrien" width="44" height="53" /></a>Gael O’Brien is a Business Ethics Magazine columnist. Gael is a thought leader on building  leadership, trust, and reputation and writes The Week in Ethics, a  weekly column at </em><a href="http://theweekinethics.wordpress.com/">http://theweekinethics.wordpress.com</a></p>
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		<title>Financial Crisis Commission: Watch Out for Phil Angelides</title>
		<link>http://business-ethics.com/2010/01/12/financial-crisis-inquiry-watch-out-for-phil-angelides/</link>
		<comments>http://business-ethics.com/2010/01/12/financial-crisis-inquiry-watch-out-for-phil-angelides/#comments</comments>
		<pubDate>Tue, 12 Jan 2010 20:10:56 +0000</pubDate>
		<dc:creator>Michael Connor</dc:creator>
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		<description><![CDATA[There will no doubt be a fair amount of theater this week as the Financial Crisis Inquiry Commission holds its first public hearings exploring the causes of the 2008 financial crisis that nearly catapulted the U.S. and world economies into a 21st century Great Depression.  While many will focus attention on the star bankers testifying, there’s another potential star in this drama that you might want to keep on eye on: the commission’s chairman, Phil Angelides.]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-full wp-image-863" title="Phil_Angelides_crop3" src="http://business-ethics.com/wp-content/uploads/2010/01/Phil_Angelides_crop3.jpg" alt="Phil_Angelides_crop3" width="118" height="103" /></p>
<p><strong>by Michael Connor</strong></p>
<p>There will no doubt be a fair amount of theater this week as the Financial Crisis Inquiry Commission holds its first public hearings exploring the causes of the 2008 financial crisis that nearly catapulted the U.S. and world economies into a 21<sup>st</sup> century Great Depression.</p>
<p>Front and center on the commission’s first Wednesday panel will be four men likely to be cast as star players.  They are CEOs of the nation’s top banking companies: Lloyd Blankfein of Goldman Sachs, Jamie Dimon of JP Morgan Chase, John Mack of Morgan Stanley and Brian Moynihan of Bank of America.</p>
<p>As with much great theater, however, there’s another potential star in this drama that you might want to keep on eye on: the commission’s chairman, Phil Angelides.</p>
<p>While not a familiar name in most American households, Angelides is well-known to Californians.  A native of that state, he’s a career politician who most recently ran and lost as the Democratic candidate for Governor in 2006.</p>
<p>The financial industry is very familiar with him as well.  Angelides has been a leader in the corporate reform movement and has long been engaged in socially responsible investing.  As California's state treasurer from 1999 to 2007, with responsibility for overseeing the California Public Employees’ Retirement System (CalPERS), the largest state pension fund in the nation, he pressed banks and Wall Street firms for greater disclosure and transparency for investments</p>
<p>Angelides was also among the most vocal critics calling for the resignation of New York Stock Exchange Chairman Richard Grasso, after the scandal over his $140 million pay package. “It is fundamentally important that Grasso resign so that the New York Stock Exchange can restore its moral authority,” he said at the time. Angelides also threatened to stop giving state business to Wall Street firms that didn't meet conflict-of-interest standards.</p>
<p>So what can we expect from Angelides as chair of the federal commission?  He and the commission’s vice chair, Bill Thomas, a Republican and former Congressman, have hired a staff of professional lawyers and investigators.  They’re charged with identifying the causes of the financial meltdown and maybe (just maybe) reforms that might prevent another one from happening any time soon.   Their full report is due December 2010.</p>
<p><a title="NBR_Angelides Interview" href="http://www.pbs.org/nbr/site/research/learnmore/_phil_angelides_video_090916/" target="_blank">In a video interview last September with Nightly Business Report’s Darren Gersh,</a> Angelides laid out an ambitious agenda for the commission.   Drawing conclusions about what <em>really </em>happened, he said, is critical.  What role did credit rating agencies play?  What was happening in the mortgage markets?  What did regulators do, or not do?</p>
<p>The commission is likely to identify criminal behavior, Angelides told Gersh, though its goal is not a “star chamber” proceeding where investigators “line 20 perps up against a wall.”  Indeed, Angelides notes, it’s likely that the commission will identify much that’s non-criminal, “egregious practices that we don’t want repeated again” but which were “applauded” only a few years ago.</p>
<p>There’s an understandable tendency by pundits and public alike to view the likely outcomes of this process with some skepticism.   There doesn’t appear to be any serious consensus on potential reform of the finance industry; in fact, not much has changed, and with Wall Street likely to announce a new round of enormous bonus awards this week, bad habits are seemingly being reinforced.</p>
<p>The process will play out, and if we’re lucky, it will establish at least some official record of events in addition to the inevitable theater that surrounds such hearings and investigations.  But the results need not be entirely without merit.  The 9/11 Commission appointed by President George W. Bush – officially known as the <a title="911 Commission" href="http://www.9-11commission.gov/" target="_blank">National Commission on Terrorist Attacks Upon the United States</a> – did not rock the world with its revelations, but it did at least generate a factual basis for later discussion and debate.</p>
<p>The hope is that Angelides, together with his fellow commissioners and staff, will be able to build sufficient consensus around some scenarios and theories regarding causes of the financial meltdown.  And from that, hopefully, will emerge some consensus for reform.   It’s probably wishful thinking, but in the absence of some leadership on these issues, we’re likely doomed to have this awful bit of financial history repeat itself, probably not far into the future.</p>
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