The SEC is the wrong watchdog to take to task. This is not about the traditional "securities" function of the IBs so much as it about the gigantic stupidity of those firms in accepting the premise that Mortgage Backed Debt Derivatives were 'special'. These guys have dealt with / in other kinds of "credit default" obligations for quite some time and they have known that they can go from low risk, to higher risk to junk bond to toxic waste is a dramatic fashion. They have elaborate models of what happens when issuers of this debt get downgraded, they have decades of experience in spreading out that risk and even some success in 'turning things around' in other liquidity crisis situations. This works ONLY when the underlaying debt is something that CAN BE UNDERSTOOD AN MODELED! I literally cannot stress this enough. The EXACT same sort of "turn off brain" problem is what imploded LTCM.
http://en.wikipedia.org/wiki/Long-Term_Capital_Management The truly insane thing is that former Senator, now NJ Gov Jon Corzine was one of the guys that WORSENED this madness. In the rush to 'legislate a solution" Corzine actually thought it was smart force the IBs to record every temporary 'devaluement' to their holding in "mark to market" accounting that highlights every down turn AND prevent these firms from linking info from the traders directly back to research / modeling guys. The thought was that too much linkage was how Enron had a self reinforcing positive feedback loop. Unfortuntely cutting that link did not allow these guy to see that the trader's feedback was better than the bullshit rating the modelers were sticking with...
I have another big damned problem with the idea that this is exclusively a "laissez faire" problem. Look at the doofuses that ought to have known better. I mean my gawd Bear Stearns Chairmen literally was PLAYING CARDS while his firm melted down! WTF kind of regulation can prevent that?
http://en.wikipedia.org/wiki/James_Cayne I mean sure he took a personal hit of $940M, but $61M is still damn good mattress stuffing. And don't tell me the way to 'fix" that sort of problem is with prosecution. Look at the way that AIG's deposed king pin came to power. The "old man" that was running the place was made part of sex fiend Elliot Spitzer's campaign of dropped charges.
http://en.wikipedia.org/wiki/Maurice_R._Greenberg#Fraud_allegations After that the whole damned board was made of "dot the i's and cross the t's" regulation fanatics, Bob Willumstad probably just did not have the insurance guy chops to keep the wheels on. They have gone to bring the old "Good Hands" guy out of retirement, Ed Liddy. His head might just explode if you tell him that more regs will make it easier to re-right that ship...
If you want to argue about the regulation I have no problem arguing thusly:
1) Hedge funds, where crazy rich people can do whatever the fsck they wish ought to remain as unregulated as all get out. They will attract some crazy people and once in a while have some spectacular blow-ups. Those blow-ups are not going to be backstopped by anyone other than other crazy rich people.
2) Investment banks are not hedge funds. If they want to place SOME money with them so be it, but that portion of capital placed will NOT count to any regulatory requirements and will never be subject to 'rescue'.
3) Commercial banks should be DISCOURAGED from directly owning Investment Banks -- the water we are sailing into now is BASS ACKWARDS compared to the prior era! If commercial banks should get sucked up in the losses of IBs there is no "firewall" to keep trading loses from burning through the "money in the vault" that come from / flows to paychecks. This thing could devour FDIC and the whole g-d FRB if someone does not pull their head out of their ass real soon now. Existing regulation is being ACTIVELY BYPASSED and at the worst possible time...
4) GSEs are a big mistake. You want a mortgage you go to a commercial bank. Easy peasy. They say you're a bum then you go to the FHA and they give you a nice VANILLA loan that you can afford. Extra scrutiny/support for borrowers and verification of the scruples of sellers is what FHA does and it ought to be the only "government backed" way that home ownership is "encouraged". There is some awful damned ugly shit about just how much the 'overseers' of Fannie & Freddie were told to pound sand while the executives of those firm had paydays every bit as lavish as the dudes at Wall Street, all while they were supposed to be working for the "common good".
This is not a "freer markets" vs "nanny state" arguement. This is "keep risk where is belongs" arguement and the failure was/is spread out far and wide.