How To Ruin Due Diligence

due diligence.jpgThe inquiry into what the banks knew about the structured credit products they built from mortgages has begun to show signs of moral panic and paranoia. Already we’re seeing the typical result: really bad, radical ideas being put forth as sensible, or even obvious reforms.

Take the proposal coming from some securities industry specialists to make public the due-diligence reports provided to banks by independent diligence specialist. “We need to...improve the due-diligence process by standardizing it and by disclosing" the results to ratings agencies and investors, said Rod Dubitsky, head of asset-backed securities research at Credit Suisse Group, told the Wall Street Journal.

We now know that more information does not equal transparency—it often simply muddies things further. Even worse, knowledge that diligence reports will be seen by investors will create incentives for banks and diligence companies to conspire to produce clean reports. A public diligence report would very likely be less diligent than one that can be kept private.

This is not an abstract fear. The pressure to clean up reports already exists for fear of litigation. Everyone who has done this kind of work knows that there are certain things you save for the conference call, the contents of which are far harder to subpoena, request through discovery or conclude. One bank we worked with—in our lives before DealBreaker—regularly requested that no records be kept from diligence and all reports be delivered verbally.

Destroying due diligence won’t save it.

Comments

1

Posted by gazparino , Jan 31, 2008 5:54PM

i heard bess is pre

2

Posted by , Jan 31, 2008 6:04PM

gazparino, i heard you're pretty gassy.

3

Posted by i need masturbatory material tonight , Jan 31, 2008 6:05PM

someone repost the levin lips pic

4

Posted by Calgary Schmooze , Jan 31, 2008 6:35PM

You mean the one with the sunglasses where she looks like she belongs in "Fear and Loathing..."?

5

Posted by bess' thighs resem , Jan 31, 2008 6:35PM

i want a explntn of the larry robbins inuendo...please.

6

Posted by Fuct by Subprime , Jan 31, 2008 11:48PM

any CA knows that the due dil process needs to be improved. at least lets start somewhere. mortgage securitization is a good innovation and when sound practices are put into place, it is a truly beneficial tool for homeowners and investors.

7

Posted by anon , Feb 01, 2008 9:28AM

Carney was clearly a terrible lawyer or he'd still be practicing.

yet he continues to use the "royal we' in referring to his non-illustrious prior career and blather on about how he "knows" things like "more information does not equal transparency" ... please.

Proper, rigorous due diligence is an integral and essential part of a fully functioning capital market -- to suggest we just "let it lie" because the lawyers will just find another way to circumvent doing THEIR JOB is ludicrous and irresponsible.

carney stick to sucking up to CNBC and displaying your shocking lack of integrity

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