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responsibility too much government

Fiasco Economics

Every time a financial fiasco hits, politicians readily expand regulations. But what’s the point of adding to the regulatory barrage if it’s all just for show?

They studiously avoid asking the right questions:

  1. What previous regulations caused (or helped cause) the fiasco?
  2. What previous regulations that could have prevented the fiasco weren’t enforced?

Economist Gerald O’Driscoll, Jr., writing in the Wall Street Journal, adds a few notes of caution to the current regulation madness. Most regulatory bodies get “captured” by the businesses they regulate. A huge amount of research shows how supposedly anti-​business regulations serve the interests of some businesses at the expense of their competitors. 

It’s the crony capitalist equivalent to politicians making it harder for challengers using “campaign finance” regulations. Same game, different venue.

O’Driscoll also explains which regulations weren’t enforced prior to the recent meltdown — those against fraud. This form of regulation is not like the regs politicians usually propose. It’s basic rule of law, the government’s first responsibility. 

And regarding Lehman Brothers, Goldman Sachs, and Bernie Madoff, government failed. 

O’Driscoll argues that multiplying rules and regulations is not merely the wrong response, but a sorry repeat of the last century’s “great intellectual failure.” Pity, then, to see the current administration push just that. 

Following this path will just lead to the same old recycling of the boom and bust cycle. Freedom and responsibility — where criminal fraud is actually fought by government, not encouraged — work better. 

This is Common Sense. I’m Paul Jacob.

Categories
too much government

The Moral of the Madoff Story

Detecting fraud is one of the most important roles for government. But our friends in power tend to be incompetent at it.

This becomes clear in light of that most costly Ponzi scheme, Bernie Madoff’s.

Before he was caught, Madoff — who now paints signs in prison — perpetrated one of the longest-​running scams in investment history. It wasn’t an investment scheme that lost its way. No, it was a fraud through and through. It cost his marks billions.

Joseph Cotchett, a lawyer for some of Madoff’s victims, interviewed the fraudster at length. Cotchett calls Madoff “charming” and “no dummy.” But he noted that his fraud was not a great work of sophistication: “It is amazing how simple it was.” 

Still, the regulators responsible for finding this kind of fraud didn’t see it. Early in the millennium, Madoff thought he might get caught. In 2005, the SEC sat down with him, and he thought the gig was up. Regulators, insists Cotchett, did not dig “to the next level, and the next level was not deep by his own admission.” 

Lots of folks clamor, these days, for more regulation. Here’s my advice: Improve the most basic form of regulation — protection against fraud — and build on success. Leave complicated micromanagement stuff alone until governments get competent at the very basics.

If you cannot detect an unsophisticated fraud, how can you run a very sophisticated economy?

This is Common Sense. I’m Paul Jacob.