It's not just a concept, it's official government policy:
The financial instruments and arrangements at issue in the credit crisis investigations are highly complex. In many of the areas being investigated, there simply may not have been intentional misconduct or criminally reckless behavior, but rather plain bad judgment on the part of market actors. Even in situations where there was wrongdoing, the time and resources required to mount investigations and the burden of proving intent to defraud are formidable obstacles for prosecutors and regulators to surmount, except in the most straightforward of fraud cases. In sum, in its search for credit-crisis villains, law enforcement may not be able to bring successful criminal or regulatory enforcement cases to punish wrongdoing, at least in connection with the most complicated areas of financial transactions involving the largest dollar amounts.
This, of course, is a handy justification for failing to do your job: "I can't do my job because it's too complicated." Far as I'm concerned, it's fine if people want to offer this up as an excuse for failing to do their jobs, but it doesn't mean we should entrust the people who offer up this excuse with any actual jobs, so the question lingers over why the administration seems to be so favorably inclined towards hiring people who admit that they expect to fail in their jobs---unless the intended outcome is, oh, continued failure.
---Baron V
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