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For instance, if 10% of the mortgages failed but there was no way of knowing *which* 10% of the CDO pool this represented, the taint would be assumed to be widespread and the CDO pool would suddenly be worth less. The CDOs were collateral on leveraged deals, and with their reduction in value lots of people would have to come up with more collateral or sell. Lots of people and firms sold a lot of securities to raise capital and avoid collateral calls, and that drove the market down, which had yet other effects.
So we can blame the lack of transparency and the use of leverage.
But ultimately if the mortgages hadn't failed, the CDOs wouldn't have been toxic. If you want a cause somewhat closer to the root, look there. At least you'll have moved off the flower's sepals. And if you're just looking at Wall Street, you're at least to the tap root, if not to the root hairs. Of course, we can consider the entire mortgage problem as well, but many people get a mite squeamish at that; it's hard to be consistent and only blame the right people.
Mortgages--collateralized debt--is the base that the entire system rested on. The base was yanked out, and we're left wondering how to build the system so that it need not rest on a base. We should have more transparency, we should have less use of collateral, but that would be enough.
Anything that reduced the value of securities would have fed--and did feed--the downward spiral. It wasn't just mortgages even though that's where it started. Some statements by the administration caused the markets to shudder and for conditions to get worse; when Lehman Brothers wasn't bailed out, holders in Lehman Brothers stock suddenly joined the spiral, and things got markedly worse. For example.
As for this particular deal, the entire claim is that had these two investment banks known that Paulson was picking the CDOs folded into this particular synthetic CDO they'd have said "no." They knew which CDOs were included--it wasn't the choice of CDOs that is at issue. It was the chooser that mattered, the SEC says, as well as the chooser's intent. But there are two problems. First, why does chooser and chooser intent matter unless you think that the chooser has some special insight or predictive abilities? Second, nobody's even hinted at any evidence that in May-June 2007 these firms would have given a rat's ass about Paulson's opinion, special insight, or predictive abilities. The case will boil down to this: If they can show that his opinion would have made a significant difference, it's material; otherwise, the SEC has no valid claim in this case.
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