Capturing the Moment? Crisis,Market Accountability,and the Limits of Legitimation

This article extends the concept of regulatory capture to a prominent element of responses to the 2007–2008 global financial crisis overlooked in political science: the out-of-court settlements undertaken between regulators and financial firms. In outsourcing accountability to markets and diverging from previous crisis responses, these billion dollar agreements have remained highly controversial. How have financial regulators sought to legitimate this novel approach to post-crisis accountability? Contrasting material and cognitive conceptions of regulatory capture, I illustrate how American financial regulators have persistently prioritized market values in self-legitimating post-crisis financial accountability. Inconsistencies in the stress on transparency and growth, however, are shown to undermine the wider legitimation of this market-based approach. These limits underpin the scepticism with which post-crisis settlements have been received, as well as to the broader sense that accountability for the most severe period of volatility since the Great Depression has remained lacking.