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state, in the grip of the early-Reagan-era euphoria, who failed<br />
to supervise the institutions – often run by dim provincials –<br />
that they had just set free to enter businesses they’d never<br />
been in before. Congress had long been in the industry’s<br />
pocket …<br />
But it’s wrong to blame only the government, despite the<br />
American habit of doing so. Virtually every high-end profession<br />
around was involved (a point made well by Martin<br />
Mayer [1990]). Auditors repeatedly certified fictitious financial<br />
statements, lawyers argued on behalf of con artists and<br />
incompetents, investment banks bilked naïve S&L managers,<br />
and consultants testified as character witnesses for felons.<br />
One of these character witnesses was Alan Greenspan,<br />
then an undistinguished economist from whom “you could<br />
order the opinion you needed” (Mayer 1990)<br />
57<br />
Now that a new collapse of the system has occurred, we<br />
realize how much we didn’t know because the information<br />
was kept from us. At the same time, we think about how a<br />
criminal tribunal or special court might subpoena documents<br />
and take testimony under oath.<br />
But even in the absence of such an institution or process,<br />
prosecutors can make a prima facie case, based on what we<br />
already know to get indictments. I am not a lawyer, but I don’t<br />
think it is that hard to consider what the charges might be.<br />
And if the people behind the scams and swindles continue to<br />
avoid detection, obscure the issues, and sidestep prosecution<br />
in real courts, why not a People’s Court.<br />
This is one that even a TV courtroom “reality show” like<br />
Judge Judy could handle.<br />
In the meantime, the business world and media were debating<br />
how to treat accused white collar criminals in their midst.<br />
Money magazine even offered advice about socializing with<br />
colleagues accused of fraud:<br />
Seriously, we’re as offended as you are by white collar crime