A quick note on the subject of criminal prosecution of bankers. The excuse is the four dog defense.

As a refresher, the first part is “I don’t have a dog.” In the case of the mortgage crisis, it started with the banks claiming that trusts, derivatives, mortgage backed securities had nothing to do with the loans. Actually, they were telling at least part of the truth. It was the banks and servicers that brought the foreclosures to the door of homeowners. Then it evolved into “U.S. Bank as Trustee for [either the certificate holders or a named REMIC Trust]”. Now they have gone back to naming the bank as though there was no trust, claiming no securitization.

Part 2 is “OK I have a dog but my dog doesn’t bite.” In the courts this translates as it was “legal” because it was disclosed. In part, that is true. But the…