Introduction
This article examines the cases brought against the major banks by the Department of
Justice and sets them in the context of the government’s housing policy and the key role
played in the housing market by the two main government-sponsored enterprises
(GSEs) Fannie Mae and Freddie Mac. The argument outlined briefly in this report is that
understanding the government’s housing policy and its impact on the housing market
makes it difficult to lay the blame for the financial crisis on the banks alone.
The fundamental questions are: were the Complaints against the banks justified?
First, as a matter of law and, then, given the political pressures and the government
housing policies prevailing at the time, I argue that the legal basis of the Complaints is
not without question, both for complex reasons set out here and also because that the
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Banks to
account for
the financial
crisis?
45
Journal of Financial Crime
Vol. 23 No. 1, 2016
pp. 45-69
© Emerald Group Publishing Limited
1359-0790
DOI 10.1108/JFC-08-2015-0041
Downloaded by Rajamangala University of Technology Phra Nakhon At 23:41 21 December 2016 (PT)
Complaints apparently neglected to refer to the laws and regulations applicable at the
time.
A significant issue, but one which has rarely been addressed in the context of the
Complaints and the settlements is this: what is the purpose of the settlements? If it is to
hold those allegedly responsible for the behaviour of the banks which supposedly led to
the financial crisis, then the settlements with the banks did not lead to the prosecution of
any cases charging important figures in the mortgage and financial services industry. It
appears that this was not the purpose in bringing these cases against the banks: if not,
what was the purpose?