The SEC response to the Great Recession
The SEC may have facilitated the banking crisis that led to the Great Recession. It relaxed the net capital rule in 2004, allowing investment banks to increase their financial leverage. The change led the investment banks to take on more mortgage-backed securities, many of which were composed of subprime mortgages. As delinquencies on the subprime mortgages ended up in default, the value of the securities held by investment banks fell sharply, and the leverage they used multiplied those losses.
The SEC moved to bring charges against dozens of financial institutions in the aftermath of the crisis. It charged 15 banks and advisors with concealing risks, terms, and improper pricing in collateralized debt obligations (CDOs) and other complex structured products. It charged 20 mortgage companies and banks with misleading disclosures to investors about mortgage-related risks and exposure. It also charged nine asset management groups and fund companies with concealing the extent of risky mortgage-related and other investments in mutual funds and other financial products. Eventually, the SEC charged a total of 204 entities and individuals, bringing $3.76 billion in penalties, disgorgement, and other monetary relief.