Here are four names to remember. There are more but these are the ones I know:

Michael Burry
Greg Lippmann
Steve Eisman
John Paulson

They're the names to trot out whenever someone—particularly a higher up at an investment bank—says, vis a vis the subprime mortgage disaster, that no one saw it coming.

No, people saw it coming. These guys saw it coming. They bet against it and made hundreds of milions. Or billions.

I certainly didn't see it coming. I'm an idiot when it comes to finance. I'm even more of an idiot when you get into esoteric matters like banks selling mortgages and bundling them into bonds, which are rated by agencies that aren't rating them properly, and some of these bonds, the worst of the bonds, are sometimes rebundled into new packages called collateralized debt obligations, or CDOs, that are also rated by agencies that aren't rating them properly, and then side-bets are placed on those... I mean, you lost me back at the pass. It's partly why I read Michael Lewis. He writes well enough that even I can fathom some of this stuff. Right now I'm reading "The Big Short: Inside the Doomsday Machine," about the subprime mortgage disaster.

Man, is it depressing.

There was an article in The New York Times yesterday, Andew Ross Sorkin's column, about uber-investor Warren Buffett coming to the defense of Goldman Sachs. He said: "I don't have a problem with the Abacus transaction, and I think I understand it better than most." He probably does. I didn't even know it was called the Abacus transaction. All I know is that John Paulson helped put together...what? A bond? Securities? An instrument? Then he shorted that instrument, the Abacus instrument, and Goldman Sachs didn't tell the people who bet long that the instrument was put together in part by the guy who was shorting it; the guy on the other side of their bet.

Buffett says:

“I don’t care if John Paulson is shorting these bonds. I’m going to have no worries that he has superior knowledge. ... It’s our job to assess the credit.”

To which Sorkin chimes in: "The assets are the assets. The math either works or it doesn’t."

All of that makes sense. But it still sounds wrong. It's like finding out that the lineup of the baseball team I'm betting on was put together, not by the manager, whom I trust, but by the guy in the stands who's betting against my team, whom I don't. This behavior may not be illegal but it should be.

There's also the matter of being able to see the line-up. That lineup may not be online. It may not be posted in the dugout. The manager might not exchange it with the other manager's lineup before the game begins. Buffett calls it "assessing the credit," but according to Lewis, the bond market is opaque in a way that the stock market, which is more heavily regulated, is not. It's often hard to assess the credit. Was this particular instrument that John Paulson created for Goldman Sachs one of those that was hard to assess? I don't know. Does Warren Buffett, who understands these things better than most, have greater access to Wall Street firms and can thus assess the credit more easily than, say, a Michael Lewis, or you, or I? I don't know. These are merely my follow-up questions. The follow-up questions that Andrew Ross Sorkin didn't ask.

Let's pull back further. Are roles being blurred here? Why are investors on either end of a deal creating that deal? Why are investment banks placing bets on their own creations? Why is this allowed? Why is this still going on?

Back to Lewis' book. Page 158:

It was in Las Vegas [in Jan. 2007] that [Steve] Eisman and his associates' attitude toward the U.S. bond market hardened into something like its final shape. As Vinny put it, "That was the moment when we said, 'Holy shit, this isn't just credit. This is a fictitious Ponzi scheme.'" In Vegas the question lingering at the back of their minds ceased to be, Do these bond market people know something that we do not? It was replaced by, Do they deserve merely to be fired, or should they be put in jail? Are they delusional, or do they know what they're doing? Danny thought that the vast majority of the people in the industry were blinded by their interests and failed to see the risks they had created. Vinny, always darker, said, "There were morons and crooks, but the crooks were higher up."

That's Eisman and associates in Jan. 2007. They saw it coming. And Michael Burry? He saw it coming in 2003.

You should read Lewis' book. Burry is the most interesting character in it but Eisman is the big quote. I leave with him:

I think Alan Greenspan will go down as the worst chairman of the Federal Reserve in history. That he kept interest rates too low for too long is the least of it. I'm convinced that he knew what was happening in subprime, and he ignored it, because the consumer getting screwed was not his problem. I sort of feel sorry for him because he's a guy who is really smart who was basically wrong about everything.