It would be easy for one to argue that if grown men (and women) are happy to gamble on the direction of interest rates, the strength of the US housing market and over who will, and who will not fail in the corporate world (for example with Credit Default Swaps), they should be allowed to get on with it. After all there is always a winner and a loser, and maybe the loser will learn from his mistakes and come back a better person. Like the perpetually failing gambler who always returns addicted yet expectant for a big payout, the assumption was that the markets are efficient and losers will pay out fully and on time just as the winners will gleefully pocket their gains. This is an absurd notion, which fails to take note of the inefficiency of those that get in out of their depth who will struggle to meet their debts and those that are completely wiped out by their gambling losses. This crisis is no different.

We’ve watched companies bet “the firm”, or to be more accurate through leveraging (loans) bet many multiples of the firm. Despite armies of accountants, risk experts and compliance staff the world’s largest banks did not see it coming and walked into the storm. Blinded by dreams of constantly accumulating profits on ever larger and riskier bets they just assumed they would never lose. And from the chief executives all the way down to the traders they are all culpable for the results. Yet, with only a few exceptions, they did nothing illegal. The system and the law endorsed what they did. The heart of the problem lies with the system (Capitalism) and its approach to transactions and gambling in general. Both the Royal Bank of Scotland and Barclays two of the largest and most prestigious banks have recently been reported to be each holding (according to their published report and accounts) $2.4 trillion dollars of Credit Default Swaps, nearly twice the size of Britain’s total Gross Domestic Product. Little wonder they have both been at the centre of bailout discussions with the British government with the RBS succumbing.

Credit default swaps played a major role in the mushrooming credit crisis which led to Lehman Brothers filing for bankruptcy protection. Similarly the government rescue plan for insurer American International Group Inc. (AIG) ($124 billion and counting) and the emergency sale of Merryll Lynch & Co to Bank of America is rooted in the CDS bubble. AIG had become a major player in the CDS market, shunning traditional insurance for the more exotic and supposedly more lucrative CDS market. As a major seller of CDSs, had AIG failed, it would have triggered many billions of dollars in losses at numerous other banks and financial groups who traded with AIG, sending them into failure as well. The domino chain would be well and truly kicked off. Lehman Brothers despite its history and standing on Wall Street was deemed expendable, and was allowed to fail. Nevertheless its failure has in many quarters been criticised because it has played a key part in the current crisis.

By going into liquidation the full extent of its massive derivatives and leveraged positions became clearer – there is still 1.5 million Lehman derivative contracts which a large team of lawyers are struggling through. It also triggered a “credit event” over Lehman, following the credit events of the Government takeovers of the largest US mortgage companies Freddie Mac and Fannie Mae. These credit events brought the fragility of the financial system into sharp focus and no one knew who would fail next, or with such large CDS and other derivative losses washing around the system, who could pay who. If the largest of banks including all the key investment banks, were possibly insolvent who do you trust? The five core US investment banks have now all either failed (Bear Stearns, Lehman Brothers, Meryll Lynch) or abandoned their business model and become banks with access to special funding support and protections from the US government (Goldman Sachs and Morgan Stanley).