There’s an old Bob Dylan song called ‘Who killed Davey Moore?’
It’s the tale of a boxer killed by a fatal punch and the song recounts the
protests of those involved – the referee, the crowd, the gambler, his manager
and his opponent – that they weren’t the ones really responsible for his death.
“It wasn’t me that made him fall,” they all cry. “No, you can’t blame me at all.”
That song springs to mind whenever anyone apportions blame
for the 2008 financial crisis. There are no shortage of culprits. And given
that the world may experience similar
economic tremors in the near future, the question of who is to blame is
extremely relevant.
Who really did make the system fall?
Culprit # 1 Senior
Bankers
Bankers are, unsurprisingly, the most likely suspects.
Adjectives like reckless and greedy have clung to banks like leeches since 2008
(which may be an apt analogy). But according to Dutch author Joris
Luyendijk, the fatal flaw was not so much greed as wilful incompetence. The
recently released movie The Big Short exemplifies,
he says, the atmosphere in run-up to 2008. Days in which extremely clever
finance geeks took advantage of the fact that senior managers in most banks had
no idea what was really going on in their organisations. The impenetrable
financial products they devised combined to make them vast fortunes and lay the
seeds for financial meltdown.
Luyendijk quotes former UK Chancellor Alastair Darling who
laments the fact that top managers in US and UK banks “failed to understand –
or even ask – what was making them so much profit and what were the risks.”
He attributes this failure to lack of personal liability. In
the days before the
Big Bang, financial firms were organised as partnerships, rather than
publicly floated corporations which any person, or hedge fund or other company
could buy shares in. Partnerships ensured managers kept an unblinking eye on
their organisation’s activities, says Luyendijk, because if things went awry
they were personally liable for the cost of mistakes. But when partnerships
were taken over by publicly floated banks or the investment divisions of major
banks began marketing their own financial products, this discipline was lost.
I believe that while deliberate blindness on the part of
senior managers was a factor in the financial crisis, it is far from a complete
explanation. Firstly, bank executives were not as unaware as Luyendijk or The Big Short suggest. From pooled
mortgages, to Libor and Forex fraud, the idea that senior executives were
utterly oblivious to the machinations going on beneath them is not credible.
When apologies become necessary,
incompetence is always preferred to culpability.
In 2004, it was agreed that banks needed to have capital or
deposits worth a mere 8% of the risky loans they had on their books. That
agreement, known as Basel II, was “largely written by the banks themselves”
says Mark Blyth in his book, Austerity:
The History of a Dangerous Idea. Banks became massively indebted in the
early 21st century (they still are) and that was a conscious
decision on the part of senior managers; a way of securing more profit by
increasing the amount of money they loaned out. European banks, especially, became
chronically ‘over-leveraged’ and may yet have to be recapitalised ‘on
a scale yet unimagined’. To blame all this on unruly traders is way too
convenient.
Second, the financial crisis was not just about the risk-laden
products, the famous mortgage backed securities, collaterized debt obligations
and credit default swaps, that boomeranged on the institutions that devised
them. It spread across the world with such devastating effect because other
institutions – other banks, companies, governments and NGOs – bought those
toxic assets. And they bought them because they seem to embody the irresistible
combination of low risk and high yield.
Lastly, risk-taking by banks was not merely an internal transgression.
They were subject to pressure, possibly decisive pressure, from outside …
Culprit # 2
Shareholders
“In the run-up to the financial crisis, shareholders failed
to control risk-taking in banks,” concluded the UK Parliamentary Commission on
Banking Standards, “and indeed were criticising some [directors] for
excessive conservatism. Some bank leaderships resisted this pressure, but
others did not.”
So it wasn’t just that senior executives in banks failed to
control super-intelligent and ambitious underlings who could reel off all the
prime numbers up to 100 in 2.5 seconds. As directors of publicly floated
companies, they were also under constant pressure to deliver greater and greater
profits for the owners, the shareholders. And aware that if they didn’t
succeed, they needed to look elsewhere for regular remuneration. In the words
of Citigroup chief exec Charles O Prince in 2007, (in an article written by
Luyendijk) “as long as the music is playing, you’ve got to get
up and dance.”
To whose tune were the senior bank managers dancing? Other
banks, primarily. Financial behemoths like Barclays, JP Morgan and Deutsche
Bank top a list of 147 multinationals who literally
own each other through interlocking shareholding. Other major shareholders
include hedge funds, fantastically wealthy individuals and pension funds.
What these owners have in common is a need to maximise
yield. According to Paul Mason, economics editor of Channel 4 News, big institutional
investors such as pension funds, in their pressing need for higher returns on
their investments, have become “crucial drivers of instability”. The signature
products of the 2008 crisis, mortgage backed securities and collaterized debt
obligations, seemed, before they exploded, low risk. So major shareholders were
happy to buy them and to breezily criticise banks for ‘excessive conservatism’.
What lies at the root of this predilection for risk-taking among
shareholders is the same weakness that Luyendijk criticises bank executives for
– that if things go drastically wrong, they know they won’t be accountable.
Just as bank executives are cushioned by a lack of personal liability, so
shareholders enjoy the protection of limited liability.
Limited liability means that shareholders can lose only
their investment in a company; they are never on the hook for the entirety of
its bad debts. It is a right granted by the state. Limited liability first originated
in Britain in the 1850s and was opposed in an earlier time by the father of
market economics, Adam Smith, because of the dangers he saw in separating
ownership and management.
The situation is complicated by the fact that, while
shareholders seem very adept at pressurising the managers of the corporations
they own to maximise profit without heed to public welfare, they are positively
impotent when it comes to reining in harmful behaviour. Senior managers seem
able to set their own pay which has mushroomed to 180 times that of the average worker
in Britain. When shareholders do revolt over excessive executive pay – as
they did at Shell in 2009 - they find that their opinion is merely
advisory. In many ways, the senior management of large, shareholder-owned
corporations are a law unto themselves.
So some have concluded that protecting the public from the
selfishness of corporations requires removing both the limited liability of shareholders and the personal
liability of company directors. “The most
effective way of curbing predatory practices is to withdraw limited liability
and hold the shareholders and directors of these enterprises personally liable,”
argues Essex
University’s Professor of Accounting, Prem Sikka.
Sikka wants alternatives to the corporate model –
mutuals, cooperatives, not for profit and worker owned enterprises – to thrive
and be promoted by government. “All are subjected to community pressures and control by employees,
savers and consumers,” he says. “They see something beyond making a fast buck.”
The trouble
is, during the crisis of 2008/9, the eyesight of these supposedly alternative
enterprises seemed as myopic as anyone else’s.
Culprit # 3 the
global market
The list of mutuals in Britain felled by the financial
crisis is embarrassingly long. The Dunfermline Building Society, the
Scarborough Building Society, the Chesham Building Society, the Derbyshire
Building Society and the Cheshire Building Society all either collapsed or had
to be bought by other financial institutions. In the case of the Dunfermline,
the Bank of England bailed it out and ran it for a time.
Building societies don’t have shareholders. They are owned
by, and in theory accountable to, their members – people who have mortgages or
savings with them. But, though they didn’t create the banks’ financial ‘weapons
of mass destruction’, they were just as reckless with the way they lent money.
In May last year, regulator Andrew Bailey, the chief
executive of the Prudential Regulation Authority, warned building societies
that they must not return to the ‘fatal’,
high risk lending that helped trigger the financial crisis. He cited
evidence that building societies were resuming the pre-crisis practice of
making loans many times larger than their customers’ income and property.
These failings are not limited to Britain. In 2009 two of
Germany’s famous state-owned Landesbanken,
were forced
to merge after they had borrowed too much capital and invested it in toxic
US sub-prime mortgage assets. Four others had to be bailed out by state
governments in Germany to the tune of millions of euros.
In Spain, savings banks, known as cajas de ahorros, are
owned by non-profit foundations and dedicated to charitable activities as well
as savings and mortgages. But they were at the heart of the implosion of Spain’s
housing bubble. Of 45 cajas in existence at the start of the crisis in 2007,
only two survived. The rest collapsed and had to be taken over by banks or the
government. The effects have been catastrophic. Hundreds of Spaniards have been evicted every
single day and the unemployment rate has reached a staggering 25%.
The financial crisis may have been hatched in corporate-land
but it unfolded like a virus throughout the world because of markets. And
allegedly alternative enterprises were as starry-eyed about these markets as
anybody else.
Why then did alternative enterprises, which presented
themselves as different to soulless, money-grubbing corporations, turn out to
be not so different after all? Partly, because of a lack of real
accountability. Though they were accountable in theory, they weren’t in
practice. German Landesbanken had advisory boards that were meant to keep
senior management in check but merely rubber-stamped their activities. In
Britain, the Cooperative Bank’s woes can be attributed to the fact that its
elected board didn’t have the knowledge or confidence to challenge the ‘incredibly
optimistic’ assumptions of the management team. In this sense, the
corporate and mutual sectors suffer from a similar affliction – out of
control senior executives.
We don’t live in democratic societies. People don’t have the
knowledge, time or inclination to hold the powerful to account. Without a
conscious change in that level of knowledge and intention, mechanisms of
accountability will remain empty shells.
But perhaps the problem is deeper still. The Marxist
economist Andrew
Kliman argues it is foolhardy, in a capitalist economy, to expect
nationalised or worker controlled banks to behave differently to their
corporate equivalents. “In order to survive, a state-run (or worker-run) bank
must pursue the goal of profit maximisation, just like every other bank,” he
says. “As long as there is capital, what are actually in control are the
economic laws of capitalism.”
Those economic laws of capitalism mandated that building
societies and other mutuals compete with major banks for market share and
profitability. And doubtless many members, at the time, agreed with these aims.
Governments in Britain have since the 1980s relied on rising house prices to
ensure re-election. When that measure goes into reverse, as it did for the
Conservatives in the early ‘90s, they watch as erstwhile supporters desert them
in droves. Pensions funds are a ‘crucial driver of instability’, yet many
millions rely on them to deliver high investment returns to fund their pensions.
This is not to descend into the ethical void and assume that
everyone is equally guilty. Some people are infinitely more culpable than
others. A tiny elite get to set their own pay. A tiny elite have been
bailed-out by government and their
wealth rescued by state action. A tiny elite get to make – and rig – the
rules of the game. But, as in Dylan’s Davey Moore parable, it is the rules of
the game that need altering. The blame game confers only an ephemeral pleasure.
A bit like shopping.
I don't entirely agree that you can't have non-capitalist enterprises in a capitalist economy, but it is true that a shift in the prevailing ethos is needed.
ReplyDeleteMost pernicious of all is the persistent idolising of competition, even though those in power ensure that its impact is strictly limited in today's rigged market economy. But it has indeed infected the whole universe of mutuals and non-profit organisations. A good example today is Age UK - a charity which not only does dodgy deals with privatised utilities but pays six of its senior executives 6-figure salaries.