Major financial scandals seem to transpire once every three to five years. The cycle seems to go in four phases: (1) price crash; (2) journalist frenzy, usually ending with the revelation of scheme to "defraud" investors; (3) government investigation and prosecution; (4) private lawsuits and reorganization. The quotes are there, of course, because for most people, most of the time what looks culpable in one context (e.g., when indictments are being handed down) looks merely aggressive in another (e.g., when everyone else is doing it and you're afraid of being at a competitive disadvantage if you don't).
We seem to be nearing the tail end of the cycle for options backdating scandals. I'm thinking we're just now getting into phase 2 with the credit markets. My prediction is that some major fraud in how collateralized debt obligations (CDOs) were packaged and repackaged into securities is going to be "discovered," and one of the major investment banks is going to be left holding the bag. Like the risk profile for LTCM assets, the risk profile for CDOs was determined based on market data from the past. And if there is one place where Shakespeare's dictum ("what is past is prologue") fails, it's the publicly traded markets.
Things may not end as badly as they did for Arthur Andersen. Almost nobody's retirement is going up in smoke this time around. But nobody's pension disappeared because of options backdating either, and there was nonetheless plenty of of public political activity in response.
UPDATE: looks like the SEC is ready to skip to phase 3, and the law firms to phase 4!
UPDATE 2: We're now definitively in phase 3. Check out this photo.
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