CQ Roll Call May 24, 2013 | Register

We Were Right Not to Prosecute Banks

Matthew Yglesias: “Had you secured criminal convictions against these megabanks, you’d have had to nationalize them and assume their liabilities or else face an economic catastrophe… They decided nationalization was bad public policy… implementing a non-nationalization approach to bank recapitalization and then prosecuting the banks into a renewed state of insolvency and then nationalizing them would have been nuts.”

“If saving the banks was a mistake, then the error had nothing in particular to do with prosecutions, and if saving the banks was the right thing to do, then curtailing prosecutions was the only way to execute the strategy… One of the main aims of the Dodd-Frank legislation is precisely to avoid this outcome, and people ought to be asked whether we can do things differently in the future.”

  • CJR

    Considering the Federal Government, for all intents and purposes, assumed all the liability and risk for the megabanks ANYWAY, nationalization would have allowed for mass prosecution of the bankers.
    While the US did not DIRECTLY assume the asset risk, the government has given away so much money in cheap loans to the banks that we, the taxpayers, have ALREADY recapitalized the markets.
    The chance to get rid of the bad apples is past. New regulation at this time is moot. The same people and policies in place during the Crash are the same people and policies running things today.
    The only things keeping us from crashing again are luck, and the Fed’s open window.

  • Anonymous

    Yglesias is eliding the point here to seem clever.

    When people say ‘prosecute the banks’ colloquially, they mean to refer to the managers and staffers who committed fraud. Most people — but apparently few reporters — are smarter than to conflate the legal fiction of a company with the people who operate under a given name and are responsible for their actions while doing so. In fact, the extension of the limited liability legal fiction to liabilities created fraudulently is precisely the thing most folks are most outraged about when they say, ‘prosecute the banks.’

    The people who committed these crimes could’ve been charged before or after assuming or paying for the bad assets. It would’ve made no difference at all.

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