Let's Start by Finding Some People to Behead: Michael Lewis
Commentary by Michael Lewis
Sept. 17 (Bloomberg) -- With Lehman Brothers Holdings Inc.
collapsing, and Merrill Lynch & Co. surrendering, and all hell
breaking loose in the financial markets, Bloomberg News sent
reporters out to gather some impressions from ordinary non-
financial Americans.
Many had no idea what any of it meant but few were happy
about it. They sensed they'd just been handed the role of the
little fat kid in the game of crack the whip, who, at the start
of the game, feels nothing at all but then suddenly finds himself
launched headfirst into the neighbor's bushes.
They hadn't suffered yet but were preparing to, and they
were perplexed by their inability to figure out who had the idea
for this game.
``If I knew more I could find someone to blame,'' said Linda
Burke, a 57-year-old service consultant at AT&T in Atlanta,
speaking, no doubt, for the American people.
She'll probably never get her hands on the real villains of
this piece. They're obscure; their crimes are hard to understand.
Who inside Wall Street dreamed up the first subprime-mortgage-
backed mezzanine CDO and allowed BBB credit to be laundered
through the credit-rating companies and come out the other end as
AAA? Who inside the credit-rating companies made the decision to
rubber stamp the paper? Who inside Lehman Brothers -- and at all
the other Wall Street firms -- fought to get into the business
over the objections of saner traders?
This is a pleasant side-effect of Wall Street's complexity.
Not only does it enable the firms to hide the risks they run; it
allows the people who make fortunes, while at the same time
helping destroy vast amounts of capital, to remain essentially
unknown to the wider public.
Two Culprits
Even if they were to be somehow dragged out into the square
for a shaming, no one would understand what they did. It's
impossible to publicly humiliate a derivative.
There are, however, two culprits whose crimes are easy to
grasp. I offer them up to Ms. Burke, so she can get to work on
her feelings about them.
1) Christopher Cox. He's the chairman of the Securities and
Exchange Commission, and so has the job of regulating these
companies that helped make it possible for every poor American to
get a mortgage and are now, as a result, falling apart.
That, in itself, is no reason to blame him. He inherited a
broken operation: the SEC has been morally bankrupt for some time
now. The people who work for the place -- especially the ones who
call the shots -- have for years had a disconcerting habit of
leaving their low-paying government jobs regulating Wall Street
firms for high-paying ones at those same Wall Street firms.
Systemic Corruption
They are meant to guard against systemic corruption when
they are themselves systematically corrupt. It's hard for people
who are paid $85,000 a year to police people who are paid $15
million.
Happily, you can still blame Cox for something. He went as
far out of his way as he could to enable the brokerage firms by
harassing the small group of informed financial people who have
been trying to tell the truth to the markets: the short sellers.
They bet against the stock price of a company and so have always
had a bad reputation with the public. But in this case, they are
the closest thing we have to heroes.
A man named David Einhorn is a case study. He runs a hedge
fund called Greenlight Capital, which sells short some stocks and
buys others. That is, he doesn't just bet against companies but
for them, too.
Blaming Shorts
Still, for some time now, he's been standing up in front of
large audiences, announcing that he was short Lehman Brothers
stock, and then explaining in great detail its dubious accounting
practices. The SEC responded by demanding to see his firm's e-
mail, hinting darkly that he was part of some conspiracy to drive
Lehman Brothers out of business, and generally making him feel
that he'd pay a price for telling the truth.
Christopher Cox is probably a nice man who has no real idea
what just happened. But for the way he treated people with the
nerve to speak the truth to power you should feel free to blame
him anyway.
2) The Wall Street CEO.
Stan O'Neal was the chief executive officer of Merrill
Lynch, Dick Fuld was the CEO of Lehman Brothers, James Cayne was
the CEO of Bear Stearns Cos. Each took home tens of millions of
dollars in pay for making the decisions that destroyed his firm.
Stan the Man
Of the lot, O'Neal deserves perhaps the greatest scorn as he
took a business that wasn't well designed to take huge trading
risks and wagered it all on a single bet.
He screwed up the lives of more innocent people than the
others. But interestingly, if any of these men had behaved well
and resisted the pressures and temptations of the moment, his
firm would have, for several years, dramatically underperformed
the competition. Probably he would have lost his job.
Even O'Neal can probably look back on his performance and
say to himself, ``There's nothing I'd do different, given what I
knew at the time.''
That's what they all say -- right before they're beheaded.
(Michael Lewis is a Bloomberg News columnist and the author,
most recently, of ``The Blind Side.'' The opinions expressed are
his own.)
To contact the writer of this column:
Michael Lewis at mlewis1@bloomberg.net
Last Updated: September 16, 2008 19:03 EDT