American Sociological Review
1–27
© American Sociological
Association 2016
DOI: 10.1177/0003122416645594
http://asr.sagepub.com
A large journalistic and scholarly literature
explores the causes and consequences of the
U.S. financial crisis of 2007 to 2009 (Lo
2012). Sociologists have made many contri-
butions to these accounts (Lounsbury and
Hirsch 2010). But one of the most interesting
and important aspects of the crisis remains
understudied—fraud among the largest finan-
cial institutions (Shover and Grabosky 2010).
This article examines the characteristics and
causes of fraud in the mortgage securitization
industry during the financial crisis. Fraud was
diverse. Mortgage originators deceived bor-
rowers about loan terms and eligibility require-
ments, and sold loans they knew were likely to
default. Banks that packaged mortgages into
645594ASR XX X 10.1177/0003122416645594American Sociological ReviewFligstein and Roehrkasse
2016
a
University of California-Berkeley
Corresponding Author:
Neil Fligstein, Department of Sociology, 410
Barrows Hall, University of California-Berkeley,
Berkeley, CA, 94720-1980
E-mail: fligst@berkeley.edu
The Causes of Fraud in the
Financial Crisis of 2007 to
2009: Evidence from the
Mortgage-Backed Securities
Industry
Neil Fligstein
a
and Alexander F. Roehrkasse
a
Abstract
The financial crisis of 2007 to 2009 was marked by widespread fraud in the mortgage
securitization industry. Most of the largest mortgage originators and mortgage-backed
securities issuers and underwriters have been implicated in regulatory settlements, and
many have paid multibillion-dollar penalties. This article seeks to explain why this behavior
became so pervasive. We evaluate predominant theories of white-collar crime, finding that
theories emphasizing deregulation or technical opacity identify only necessary, not sufficient,
conditions. Our argument focuses instead on changes in competitive conditions and firms’
positions within and across markets. As the supply of mortgages began to decline around
2003, mortgage originators lowered credit standards and engaged in predatory lending
to shore up profits. In turn, vertically integrated mortgage-backed securities issuers and
underwriters committed securities fraud to conceal this malfeasance and enhance the value of
other financial products. Our results challenge several existing accounts of how widespread
the fraud should have been and, given the systemic crimes that occurred, which financial
institutions were the most likely to commit fraud. We consider the implications of our results
for regulations that were based on some of these models. We also discuss the overlooked
importance of illegal behavior for the sociology of markets.
Keywords
white-collar crime, finance, organizations, markets
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