If I'm paid a flat fee to manage money, the people handing me money to manage are still going to look for the manager with the highest returns (that's human nature).
So, I still have an incentive to chase riskier short-term gains; I see less of the upside than if I were also getting a cut of the gains, but the incentives that arise from competition with other money managers remains in place.
For a short while I was looking for a bank that would just have a portfolio that follows the market instead of trying to beat it, and that would take less fees because it took less effort to manage. I contacted two other banks, but they didn't have anything like that. I found it was extremely tiring to speak to bankers, they all seem to want to drown you with words. I eventually stayed with my original bank just to stop wasting time.
The problems they don't solve is how to allocate the assets between currencies. Also part of my money is in fixed income papers. So even when not trying to beat the market, there are some decisions I would like to leave to a professional.
I'm not saying that misalignment of incentives doesn't play a significant role in a lot of what we are seeing now, but never underestimate hubris.
Funds that too hard to value or are highly leveraged should switch from regulation by the SEC to regulation by state gambling commissions. It would be tricky to find the right cutoff, though, but if an investor would have to travel to a Native American reservation to buy credit default swaps, they might start thinking about whether they really understand what they're investing in.
No restrictions on what funds can do, no government bailouts, but full disclosure so that clients may impose their own restrictions.
EX: Would you bet 1 billion dollars with slightly less than even odds?
Well if you don't have a billion dollars then your real risk could be much lower vs. your potential gain. The real question is who would trust you to actually have a billion dollars? That's the real sucker, unless he also lacks a billion dollars.