``Popular opinion ascribes all these  evils to the capitalistic system. As a remedy for the undesirable  effects of interventionism they ask for still more interventionism. They  blame capitalism for the effects of the actions of governments which  pursue an anti-capitalistic policy.” Ludwig von Mises, Interventionism  an Economic analysis 
Adding  more arbitrary laws or “regulations”, which are usually founded upon  noble goals, have been used as the main pretext for expanding political  power by the incumbents. 
 
This unfortunately is what  people refuse to see yet has been a critical cause of much of today’s  ills.
 
For  the political economy, regulations can unilaterally skew the  distribution of power from the ruled to the ruler. If there is such a  thing as “income or wealth” inequality, the obverse side is the  “political inequality”. 
 
Professor Lawrence White on the difference of rule of law  and rule of men, ``The contrast between the  rule of law and the rule of men is sometimes traced still  further back to Plato’s dialogue entitled Laws. In that work the  Athenian Stranger declares that a city will enjoy safety and other  benefits of the gods where the law “is despot over the rulers, and  the rulers are slaves of the law”. In other  words, government officials are to be the servants and not the  masters of society. The rule of law is vitally important  because it allows a society to combine freedom, justice, and a thriving  economic order.”
 
When government officials elect to end up as “masters of  society”, one of the main acts to attain such goals is to deliberately  trample upon with laws of the land to allow laws to work to their favor.  
 
In  short, despots legitimize their power grab by coercively instituting  their own set of laws. The Philippines is no stranger to this as seen  through former President Ferdinand Marcos’ proclamation 1081, ``Marcos ruled by military power through martial law, altered  the 1935 Constitution of the Philippines in the subsequent year, made  himself both Head of State as President and Head of Government as Prime  Minister, manipulated elections and the political arena in the  Philippines, and had his political party--Kilusang Bagong Lipunan (KBL)  (English: New Society Movement) control the unicameral legislative  branch of government called the "Batasang Pambansa". All these allowed  Marcos to remain in power and to plunder.”
 
And since the manipulation  of laws tends to rearrange the political economic order according to the  whims of those in power by restraining civil liberties and economic  freedom, ergo, the benefits or privileges will be partial to those  within the ambit of the administration. 
 
Said  differently instead of having resources distributed through the  marketplace, resources will be allocated politically in accordance to  the order of importance as seen by the authorities. Nevertheless when  the concentration of power is left to a few to decide, then price  signals will be distorted and that lobbying, favouritism, corruption and  cronyism will be her common feature.
 
The  Phony War Against The “Cockroaches”
 
So what  has these to do with the current state of the markets? 
 
Alot.
 
The  emergence of proposed regulatory reforms by the Obama administration for  Wall Street comes timely with the US SEC-Goldman Sachs brouhaha.
 
Aside  from the noteworthy coincidence, the US markets appears to be  validating our view by ignoring the impact of the US SEC-Goldman tiff  (see figure 1).
 Figure 1: Political Act Slowly Unraveling
Figure 1: Political Act Slowly Unraveling 
In  contrast to the camp that sees the Goldman controversy as an issue of  fraud, by looking at the incentives that drives the actions of political  authorities, we have argued otherwise. 
 
Besides,  it is not within our ambit to comment on juridical merits of any legal  case and neither are those who claim that it is about ‘fraud’.  Commenting on the legal aspects based on news accounts signifies nothing  but “trial by publicity”.
 
If Goldman had been truly a  “cockroach”, then there must be other cockroaches too from which the  sudden apostasy of the Obama administration must mean a total “war on  cockroaches”.
 
And true enough, we find that Goldman’s practice hasn’t been  isolated but an industry practice especially among the TOO BIG TO FAIL  institutions. 
 
According to the New York Times, ``Many  banks on Wall Street and in Europe were even bigger players in the types  of complex investment deals that Goldman is now defending. Merrill  Lynch was at the top of the heap, assembling $16.8 billion  worth between 2005 and 2008, according to a new report by Credit Suisse.  
 
``UBS  put together $15.8 billion worth of similar products, according to the  Credit Suisse estimates, while JPMorgan Chase and Citigroup  each created more than $9 billion worth. Goldman Sachs was a  comparatively small issuer, at $2.2 billion.” 
 
Yet if one looks at the market, except for  Goldman Sachs (GS), the SPDR Financial Select Sector (XLF) [where  JP Morgan, Citigroup, Merrill and GS is 24.3% of index weighting]  and the S&P Bank Index (BIX) has simply shrugged off any “contagion”  against a so-called “war on cockroaches”. 
 
Noticeably,  the broad based US markets as shown by the S&P 500 (SPX), which  includes the Dow Industrials, the Nasdaq and the mid cap Russell 2000  all went to a bullish rampage by breaking to the upside as of Friday’s  close.
 
Oddly  too that the so-called aggrieved party in the controversial case was  also reported as practicing the same allegedly skulduggery employed by  Goldman, this from John Carney, 
 
``It  was a piece of regulatory arbitrage: In essence, IKB was  investing in complex mortgage bonds without having to set aside  regulatory capital or report the increase in risky assets to its  regulators or auditors.”
 
``In short order, Rhineland  became one of the biggest buyers of the complex investment products  puked out by the likes of Lippman at Deutsche Bank, JP Morgan Chase—and  Goldman. One banker told Euroweek that IKB—through Rhineland and  similar tactics—had become one of the five or six largest investors in  Europe. Thus, Goldman found them a willing buyer for the junk piled  into Abacus” (underscore mine)
 
Take note of the word: regulatory  arbitrage.(as we will be using this later)
 
More Dirty Dancing Politics
 
As the  days go by, more and more Goldman-Washington ties are being uncovered.  
 
In  contrast to common knowledge that the Democratic Party has been less  affiliated with Wall Street, this is turning out to be untrue,  according to the Politico,  ``The Democratic Party is closer to corporate America — and to Wall  Street in particular — than many Democrats would care to admit.”  A  chart from the New York Times can be seen here.
 
Moreover, we discovered  that there are five  former employees of Goldman currently employed in the Obama  administration. This perhaps reveals the extent of connection between  the two supposed rivals.
In addition, the timing  of Friday’s government lawsuit likewise coincided with SEC’s report  about its “failure to investigate alleged  fraudster R. Allen Stanford”. This may seem like an effort to  possibly dampen media’s impact from regulatory failure by exposing a  much bigger news. Apparently this succeeded.
 
And  speaking of regulatory competence, one cannot help but guffaw at news  reports where 33 SEC employees, including high ranking officials, spent  much time during the crisis in porno browsing!
 
According  to the NY Daily News, ``The shocking findings include  Securities and Exchange Commission senior staffers using government  computers to browse for booty and an accountant who tried to access  the raunchy sites 16,000 times in one month.” 
 
Perhaps,  Madoff, Standford and Goldman people were trying to arbitrage falling  markets with “porno” finance-whatever that means. This resonates clearly  of the quality of the bureaucratic mindset.
 
Moreover,  there have been pressures for Goldman to amicably settle with the SEC  even if “they’re right on the merits of the case”.  
 
And  surprisingly, President Obama despite earlier reports to verbally assail  Wall Street turned up with a conciliatory voice at a recent speech ``Ultimately, there is no dividing line between Main Street and  Wall Street,” Obama said in his speech at Cooper Union, about two miles  from the financial district. “We will rise or we will fall together as  one nation.”
 
We read a popular American  blogger offer a bet against anyone who thinks Goldman will win the suit.  Apparently this perspective is looking at the wrong issue. 
 
Goldman  can lose a case and still win the war. In the game of chess, this is  called sacrifice or even queen sacrifice. Yet in a staged or scripted  dispute, like in wrestling, one party’s loss is just a part of drama to  fulfil other goals. A real life example of a staged battle is the  US-Spanish “Battle of Manila”.
 
History As Guide To Future Actions
 
Let us  put the issue in historical context. 
 
Rightly or wrongly banks and  financial institutions have been in the public “hot seat” from nearly  time immemorial. But in contrast to having  reduced power from financial reforms, the banking system had even  acquired more political clout in spite of these. The Federal Reserve  was even stealthily hatched amidst scepticism over the banking  industry.
 
Here  is G. Edward Griffin’s speech, Author of  The Creature from Jekyll Island, on the inception of the Federal Reserve  (all bold highlights mine),
 
``Why not? why the secrecy?  what's the big deal about a group of bankers getting together in private  and talking about banking or even banking legislation. And the answer  is provided by Vanderlip [Frank Vanderlip president of the National City  Bank of New York] himself in the same article. He said: "If it were to  be exposed publicly that our particular group had gotten together and  written a banking bill, that bill would have no chance whatever of  passage by Congress." Why not? Because the purpose of the bill was to  break the grip of the money trust and it was written by the money  trust. And had that fact been known at the get-go, we would never  have had a Federal Reserve System because as Vanderlip said it would  have had no chance of passage at all by Congress. So it was essential to  keep that whole thing a secret as it has remained a secret even to this  day. Not exactly a secret that you couldn't discover because anybody  can go to the library and dig this out, but it is certainly not  taught in textbooks. We don't know any of this in the official  literature from the Federal Reserve System because that was like asking  the fox to build the henhouse and install the security system.
 
``That  was the reason for the secrecy at the meeting. Now we know something  very important about the Federal Reserve that we didn't know before, but  there's much more to it than that. Consider the composition of this  group. Here we had the Morgans, the Rockefellers, Kuhn, Loeb &  Company, the Rothschilds and the Warburgs. Anything strange about  that mixture? These were competitors. These were the major  competitors in the field of investment and banking in those days; these  were the giants. Prior to this period they were beating their heads  against each other, blood all over the battlefield fighting for  dominance in the financial markets of the world. Not only in New York  but London, Paris and everywhere. And here they are sitting around a  table coming to an agreement of some kind. What's going on here? We need  to ask a few questions.
 
``This is extremely  significant because it happened precisely at that point in American  history where business was undergoing a major and fundamental change  in ideology. Prior to this point, American business had been operating  under the principles of private enterprise--free enterprise competition  is what made American great, what caused it to surpass all of the other  nations of the world. Once we had achieved that pinnacle of  performance, however, this was the point in history where the shift  was going away from competition toward monopoly. This has been  described in many textbooks as the dawning of the era of the cartel and  this was what was happening. For the fifteen year period prior to the  meeting on Jekyll Island, the very investment groups about which we are  speaking were coming together more and more and engaging in joint  ventures rather than competing with each other. The meeting on Jekyll  Island was merely the culmination of that trend where they came  together completely and decided not to compete--they formed a cartel.”
 
In  other words, the trend towards consolidation of the industry via  “financial reforms” has empowered more cartelization than less.  And today’s proposed financial reform bill will enhance and not reduce  such relationship in contrast to opinion of the reform advocates.
 
John Paulson And The Survivorship Bias
 I’d like to show the relevance of hedge fund manager John  Paulson’s reputation during the latest boom-bust cycle (see figure 2).
 
As we  have earlier argued, the SEC-Goldman dispute is a fait accompli argument  (Wall Street seems to agree). 
 
That’s  because Mr. Paulson, among the 12,400 hedge funds as reported by Hedgefund.net  during the 3rd quarter of 2007, only shot to fame in  early 2008 (left window) after profits in his fund skyrocketed (in  mid 2007) which left the field biting his dust (right window). 
 
In most  of 2007, John Paulson, like Manny Pacquiao in the early 90s, was  relatively an unknown figure (Mr. Paulson has hardly been  searched by anyone)! This means that counterparties when appraised of  Mr. Paulson’s participation in early 2007 would have simply ignored him  as he was just one among the many “mediocre” aspiring hedge fund  managers.
 
This  also reveals that many people tend to read and value information  based on today’s account and not during the time when the  controversial transactions was developed. This cognitive error is known  as the survivorship bias, or the ``the logical error of  concentrating on the people or things that "survived" some process  and ignoring those that didn't.”
  White, Lawrence Avoiding  and Resolving Financial Crises: The Rule of Law or The Rule of Central  Bankers?
 
  Wikipedia.org, Proclamation  No. 1081
  Norris, Floyd, Fortunate  Timing Seals a Deal
 
  See Why  The US SEC-Goldman Sachs Hoopla Is Likely A Charade
 
  New York Times, Questions  for Banks That Put Together Deals
 
  Carney John, Goldman’s  Dirty Customers, The Daily Beast
 
  Wall Street Journal, The  SEC's Impeccable Timing The Goldman suit helped to hide the IG report  on the Stanford debacle.
 
  NY Daily News; While  economy crumbled, top financial watchdogs at SEC surfed for porn on  Internet: memo
 
  Bloomberg, Goldman  Sachs Should Cut Losses in SEC Standoff, Lawyers Say 
 
 Wikipedia.org, The  Battle of Manila (1898)
 
see Quote  of the Day on Wall Street: After Nearly A Century, Hardly Any Change
 
  Bigeye.com; A  Talk by G. Edward Griffin Author of The Creature from Jekyll Island
  See SEC-Goldman  Sachs Row: The Rising Populist Tide Against Big Government
 
  Wikipedia.org, survivorship bias