Getting Away With It.

“I have been following the absence of legal prosecutions since 2008, and have posted on that subject more than 500 times. But this isn’t the obsession of one lone crank (i.e., me). Many others in banking, law enforcement and government who aren’t on the payroll of banks have reviewed the events of the financial crisis and have reached the same conclusion — that the law was broken repeatedly by bankers.”

In the wake of a ridiculous apologetic in the NYT — and news that the government now wants to waive sanctions for Credit Suisse — Bloomberg’s Barry Ritholtz re-asks one of the central questions of the financial crisis, and Obama’s response to it: Why have no Banksters gone to jail?

“Political access and lobbying go part way toward explaining the absence of prosecutions and, therefore, the lack of convictions…As we have repeatedly shown, Treasury Department officials, including former Treasury Secretary Timothy Geithner, had convinced prosecutors in the Justice Department of the dangers of prosecuting banks and bankers for the economy.” (Cartoon above via here.)

Regulators, Mount Up.

“Unfortunately, there are some in the financial industry who are misreading this moment. Instead of learning the lessons of Lehman and the crisis from which we are still recovering, they are choosing to ignore them. They do so not just at their own peril, but at our nation’s. So I want them to hear my words: We will not go back to the days of reckless behavior and unchecked excess at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses. Those on Wall Street cannot resume taking risks without regard for consequences, and expect that next time, American taxpayers will be there to break their fall.“

In the bowels of Wall Street and one year after the collapse of Lehman Brothers, President Obama outlines his vision for financial regulatory reform, including a new Consumer Financial Protection Agency and stronger accountability and oversight in the existing regulatory regime. [Transcript.]

But — see also health care — some wonder if the President is going far enough: “The problem with concentrating on the banking system is that it allows the administration to present an overly optimistic assessment of its actions…Taking credit for stabilizing the financial system after feeding it with massive amounts of federal money is like a teacher bragging about turning around the academic performance of a failing student after handing them all the answers to the big tests.“

Continues economist Nomi Prins, in an analysis that dovetails quite tellingly with the health-care situation:”A strong CFPA is a sensible plan…This proposal has drawn the most ire from the banking community, so you know it’s good…But Obama’s reforms do not strike deeply enough. The banking crisis has been subdued, not fixed, because of enormous amounts of government assistance. Ignoring that fact, and failing to overhaul the sector, leaves us open to another crisis. And the next round will be worse, because there is now so much more federal money invested in the banks.”

Risky Business.

“What’s interesting about the Madoff scandal, in retrospect, is how little interest anyone inside the financial system had in exposing it…OUR financial catastrophe, like Bernard Madoff’s pyramid scheme, required all sorts of important, plugged-in people to sacrifice our collective long-term interests for short-term gain. The pressure to do this in today’s financial markets is immense. Obviously the greater the market pressure to excel in the short term, the greater the need for pressure from outside the market to consider the longer term. But that’s the problem: there is no longer any serious pressure from outside the market.“

In an extended NYT editorial, authors Michael Lewis and David Einhorn survey recent economic developments with an eye to the broader problem: a financial institutional culture that fosters and legitimates idiotic amounts of risk. “The fixable problem isn’t the greed of the few but the misaligned interests of the many…The tyranny of the short term has extended itself with frightening ease into the entities that were meant to, one way or another, discipline Wall Street, and force it to consider its enlightened self-interest.“

Among the culprits in Lewis and Einhorn’s worthwhile dissection: the credit rating agencies. “In pursuit of their own short-term earnings, they did exactly the opposite of what they were meant to do: rather than expose financial risk they systematically disguised it. ” See also: the S.E.C. “Created to protect investors from financial predators, the commission has somehow evolved into a mechanism for protecting financial predators with political clout from investors…And here’s the most incredible thing of all: 18 months into the most spectacular man-made financial calamity in modern experience, nothing has been done to change that, or any of the other bad incentives that led us here in the first place.“

It’s not all doom, gloom, and (highly justified) finger-pointing. In part two of the editorial, Lewis and Einhorn offer some quick fixes to our current institutional myopia that should be relatively simple to put through…in a perfect world. “The funny thing is, there’s nothing all that radical about most of these changes. A disinterested person would probably wonder why many of them had not been made long ago. A committee of people whose financial interests are somehow bound up with Wall Street is a different matter.“

Shattered Glass.

“The Glass-Steagall Act is the Depression-era law that separated commercial and investment banking. It was functionally repealed in 1998, when Travelers (the parent company of Salomon Smith Barney) acquired Citicorp. And it was officially repealed in 1999. But recent events on Wall Street — the failure or sale of three of the five largest independent investment banks — have effectively turned back the clock to the 1920s, when investment banks and commercial banks cohabited under the same corporate umbrella.” As Wall Street takes a dive in the wake of several bank failures and near-failures — but, don’t worry, the fundamentals of the economy are strong and everything — Newsweek‘s Daniel Gross briefly discusses the end of the Glass-Steagal era, and what it means for the American economy.

Straw Man Economics.

“So you’ve managed to create AAA and BBB securities out of a pile of stinky, risky mortgage loans. Boss, you are a genius.” By way of Web Goddess, the Subprime mortgage fiasco, explained with profane stick figures.

The Next to Fall?

The plot thickens…just when the stock market really doesn’t need any more bad news, turns out Citigroup helped Enron evade the law to clear $125 million in debt. Shameful…struggle to get by, and Citibank screws you with exorbitant credit interest rates. Live on the high hog, and they cut you an (illegal) sweetheart deal. Update: J.P. Morgan is in the mix too.