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xxiv            FINANCIAL CRISIS INQUIRY COMMISSION REPORT


           While many of these mortgages were kept on banks’ books, the bigger money came
         from global investors who clamored to put their cash into newly created mortgage-re-
         lated securities. It appeared to financial institutions, investors, and regulators alike that
         risk had been conquered: the investors held highly rated securities they thought were
         sure to perform; the banks thought they had taken the riskiest loans off their books;
         and regulators saw firms making profits and borrowing costs reduced. But each step in
         the mortgage securitization pipeline depended on the next step to keep demand go-
         ing. From the speculators who flipped houses to the mortgage brokers who scouted
         the loans, to the lenders who issued the mortgages, to the financial firms that created
         the mortgage-backed securities, collateralized debt obligations (CDOs), CDOs
         squared, and synthetic CDOs: no one in this pipeline of toxic mortgages had enough
         skin in the game. They all believed they could off-load their risks on a moment’s no-
         tice to the next person in line. They were wrong. When borrowers stopped making
         mortgage payments, the losses—amplified by derivatives—rushed through the
         pipeline. As it turned out, these losses were concentrated in a set of systemically im-
         portant financial institutions.
           In the end, the system that created millions of mortgages so efficiently has proven
         to be difficult  to unwind. Its complexity has erected barriers to modifying mortgages
         so families can stay in their homes and has created further uncertainty about the
         health of the housing market and financial institutions.

         • We conclude over-the-counter derivatives contributed significantly to this
         crisis. The enactment of legislation in 2000 to ban the regulation by both the federal
         and state governments of over-the-counter (OTC) derivatives was a key turning
         point in the march toward the financial crisis.
           From financial firms to corporations, to farmers, and to investors, derivatives
         have been used to hedge against, or speculate on, changes in prices, rates, or indices
         or even on events such as the potential defaults on debts. Yet, without any oversight,
         OTC derivatives rapidly spiraled out of control and out of sight, growing to  tril-
         lion in notional amount. This report explains the uncontrolled leverage; lack of
         transparency, capital, and collateral requirements; speculation; interconnections
         among firms; and concentrations of risk in this market.
           OTC derivatives contributed to the crisis in three significant ways. First, one type
         of derivative—credit default swaps (CDS)—fueled the mortgage securitization
         pipeline. CDS were sold to investors to protect against the default or decline in value
         of mortgage-related securities backed by risky loans. Companies sold protection—to
         the tune of  billion, in AIG’s case—to investors in these newfangled mortgage se-
         curities, helping to launch and expand the market and, in turn, to further fuel the
         housing bubble.
           Second, CDS were essential to the creation of synthetic CDOs. These synthetic
         CDOs were merely bets on the performance of real mortgage-related securities. They
         amplified the losses from the collapse of the housing bubble by allowing multiple bets
         on the same securities and helped spread them throughout the financial system.
         Goldman Sachs alone packaged and sold  billion in synthetic CDOs from July ,
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