What to do with failing banks?

In the cases of Lehman, Merril Lynch, Freddy Mac, Fannie Mae, Enron, World Online, ING, Northern Rock and the many other financial institutions running into trouble, nothing illegal has happened. It is simply the case of investments turning the wrong way.


Since 2008, banks and other financial institutions have been in the centre of attention. This economic sector has seen several bankruptcies and bailouts, and a new one has been added to this list on February 1st: the Dutch bank SNS has been nationalised.
The majority of management has resigned but of course kept their bonuses and payments, as is indicated in their contracts. So far, nothing illegal has been found and therefore all requests of prosecution or paying back their bonuses because the bank went bankrupt should stop. Though public outrage is understandable and the public should keep this firm ground to ensure future actions by politicians. There are enormous government budget cuts, peoples’ lives being affected by those cuts directly while there are billions to spend on a failing bank. It would be stranger if people did not protest.

In this case, but also in the case of Lehman, Merril Lynch, Freddy Mac, Fannie Mae, Enron, World Online, ING, Northern Rock and the many other financial institutions running into trouble, nothing illegal has happened. It is simply the case of investments turning the wrong way. The size of these companies makes it impossible for other banks to take their losses and compensate citizens for their losses, as is guaranteed under law. Therefore, there is no other option then government to step in and in essence that is a good thing! Nonetheless, these bailouts are a huge burden on society and are difficult to explain to the common citizen.

However, this is not the way capitalism works. It cannot be that in case a major player runs into trouble, society has to take the burden but profits should be kept to the company and its shareholders. Risks should be rewarded, but failure has to be felt by the risk takers as well. As these so called ‘system banks’, which are ‘too big to fail’, have to be supported by governments, there should be some kind of repercussion on the people responsible for the mess. As we all know, public money has to be accounted for. The problem is of course, as long as nothing illegal has happened, a person cannot be held responsible on the individual level and this is a good thing. However, the bankers do receive their payments on their individual efforts, so there should be ways to hold them accountable at the moment public resource are involved. Not only to punish, but also to learn (for citizens, central banks, politicians but also future bankers).

In the case of the bankers of these enormous financial empires, the CEOs and other high ranking personal usually do not invest and risk their own money. They play with savings, retirement funds, and mortgages. These are money from common citizens who trust the banks to take good care of it. Hence, losing enormous amounts of money, resulting in lower retirement payments or losing savings can endanger the livelihoods of people who have nothing to do with the mistakes. I think that such a clause should be included in our legal systems: taking risks which leads to endangering, directly or indirectly, the financial security of individuals or society. Take into account that such clauses exist for murder: involuntary manslaughter.  Although the individual did not intend to kill another person, the actions did lead to the death of another human being.

I am not calling for ‘honorary suicides’ or public execution or harsh penalties on the banking sector. I am advocating for bringing employees of banks which needed public money to be hold accountable in court for endangering the financial health of many of their fellow citizens. These citizens do not understand the complexity of the financial world and could not oversee the situation. I want explanations, clarifications, to understand their roles, in order to never see this happen again, to learn, to reconcile, but also for banks to regain trust from society which is desperately needed. It cannot be that profits are privatised while losses are socialised without accountability from the people responsible. Accountability is the first step to regaining trust.

Hence, I applaud the American government, who sue the credit rating agency Standard and Poor’s, for 5 billion dollars for its role in approving all kind of financial instruments leading to the financial crisis starting in 2008. This is a step all governments should take. I invite our Minister of Finance, also president of the Eurogroep, to follow the bold step of the Americans, and let the courts decide if the banks are to blame. 


http://online.wsj.com/article/SB10001424127887324445904578285802822704578.html


http://en.wikipedia.org/wiki/Manslaughter#Involuntary_manslaughter 

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