What caused the financial crisis? The Big Lie goes viral.

Barry Ritholtz, Washington Post

I have a fairly simple approach to investing: Start with data and objective evidence to determine the dominant elements driving the market action right now. Figure out what objective reality is beneath all of the noise. Use that information to try to make intelligent investing decisions.

mortgage lies-fraud-auditBut then, I’m an investor focused on preserving capital and managing risk. I’m not out to win the next election or drive the debate. For those who are, facts and data matter much less than a narrative that supports their interests.

One group has been especially vocal about shaping a new narrative of the credit crisis and economic collapse: those whose bad judgment and failed philosophy helped cause the crisis.

Rather than admit the error of their ways — Repent! — these people are engaged in an active campaign to rewrite history. They are not, of course, exonerated in doing so. And beyond that, they damage the process of repairing what was broken. They muddy the waters when it comes to holding guilty parties responsible. They prevent measures from being put into place to prevent another crisis.

Here is the surprising takeaway: They are winning. Thanks to the endless repetition of the Big Lie.

A Big Lie is so colossal that no one would believe that someone could have the impudence to distort the truth so infamously. There are many examples: Claims that Earth is not warming, or that evolution is not the best thesis we have for how humans developed. Those opposed to stimulus spending have gone so far as to claim that the infrastructure of the United States is just fine, Grade A (not D, as the we discussed last month), and needs little repair.

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Blaming Fannie for Crash Gives Banks Free Pass

William D. Cohan, Bloomberg

As should be abundantly clear by now to anyone who has taken the time to study things carefully, there were many factors that contributed to the calamitous financial crisis of the last three years.

In this disastrous bouillabaisse, one could find the following ingredients:

– Financial innovation, which took the idea of securitizing cash-flow streams to excess.

– Wrong-headed incentives, which rewarded Wall Street bankers and traders for taking risks with other people’s money while somehow absolving them of accountability.

– The misguided monetary policy of Alan Greenspan’s Federal Reserve, which lowered interest rates dramatically after the Sept. 11 attacks, leaving investors with little choice but to take bigger and bigger risks in order to find meaningful yields. (This is happening again, by the way.)

– Regulators who failed to regulate or caved into the desires of those it regulated. (See particularly the Securities and Exchange Commission under Christopher Cox)

– The ratings services, which were paid by Wall Street to slap AAA credit ratings on securities that were anything but.

– And politicians who did everything they could to encourage homeownership — thinking it was an important part of the American Dream — which led thousands of people who would otherwise be renters to take out mortgages they could not afford.

These squirrelly mortgages, of course, were packaged into securities by Wall Street, stamped AAA by the conflicted rating services and sold all over the world to investors hungry for yield. When homeowners could no longer make payments on their mortgages, and when those mortgages could no longer be refinanced because home prices were no longer increasing, the whole stew became a toxic mess.

Alan Schwartz, the chief executive officer of Bear Stearns for the three months leading up to its sudden collapse in March 2008, had a front-row seat for the crisis and understands well the multiple strands of its DNA. “These things do occur with some regularity,” he explained in a quote I put on the final page of my book about the collapse of Bear Stearns. “And we haven’t ever figured out how to stop the next one from happening. I’m sure we’ll figure out how to prevent something like this from happening again. Wall Street is always good at fighting the last war. But these things happen and they’re big, and when they happen everybody tries to look at what happened in the previous six months to find someone or something to blame it on. But, in truth, it was a team effort. … Government. Rating agencies. Wall Street. Commercial banks. Regulators. Investors. Everybody.”

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Why Isn’t Wall Street in Jail?

Matt Taibbi, Rolling Stone

Over drinks at a bar on a dreary, snowy night in Washington this past month, a former Senate investigator laughed as he polished off his beer.

“Everything’s fucked up, and nobody goes to jail,” he said. “That’s your whole story right there. Hell, you don’t even have to write the rest of it. Just write that.”

I put down my notebook. “Just that?”

“That’s right,” he said, signaling to the waitress for the check. “Everything’s fucked up, and nobody goes to jail. You can end the piece right there.”

Nobody goes to jail. This is the mantra of the financial-crisis era, one that saw virtually every major bank and financial company on Wall Street embroiled in obscene criminal scandals that impoverished millions and collectively destroyed hundreds of billions, in fact, trillions of dollars of the world’s wealth — and nobody went to jail. Nobody, that is, except Bernie Madoff, a flamboyant and pathological celebrity con artist, whose victims happened to be other rich and famous people.

This article appears in the March 3, 2011 issue of Rolling Stone. The issue is available now on newsstands and will appear in the online archive February 18.

The rest of them, all of them, got off. Not a single executive who ran the companies that cooked up and cashed in on the phony financial boom — an industrywide scam that involved the mass sale of mismarked, fraudulent mortgage-backed securities — has ever been convicted. Their names by now are familiar to even the most casual Middle American news consumer: companies like AIG, Goldman Sachs, Lehman Brothers, JP Morgan Chase, Bank of America and Morgan Stanley. Most of these firms were directly involved in elaborate fraud and theft. Lehman Brothers hid billions in loans from its investors. Bank of America lied about billions in bonuses. Goldman Sachs failed to tell clients how it put together the born-to-lose toxic mortgage deals it was selling. What’s more, many of these companies had corporate chieftains whose actions cost investors billions — from AIG derivatives chief Joe Cassano, who assured investors they would not lose even “one dollar” just months before his unit imploded, to the $263 million in compensation that former Lehman chief Dick “The Gorilla” Fuld conveniently failed to disclose. Yet not one of them has faced time behind bars.

Invasion of the Home Snatchers

Instead, federal regulators and prosecutors have let the banks and finance companies that tried to burn the world economy to the ground get off with carefully orchestrated settlements — whitewash jobs that involve the firms paying pathetically small fines without even being required to admit wrongdoing. To add insult to injury, the people who actually committed the crimes almost never pay the fines themselves; banks caught defrauding their shareholders often use shareholder money to foot the tab of justice. “If the allegations in these settlements are true,” says Jed Rakoff, a federal judge in the Southern District of New York, “it’s management buying its way off cheap, from the pockets of their victims.”

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Finally A Member of Congress Gets It

One of my associates in Melbourne, Florida found this video of Orlando Congressman Alan Grayson yesterday explaining mortgage fraud and the abuses that went on in the securitization process over the past five years.

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