A Financial regulator/watchdog is to blame. And of course, Quelle Suprise, lots of countries let the finance sector regulate themselves.
Which is silly, because there are no ethics involved with some of these people. Just profits, at any cost.
And then -- "we're too busy to know this stuff". In an ideal world such a politician would fly far away from office immediately, and all the people who benefitted from that would have to return the gained money from the loopholes, or live in cozy conditions in the jail. One can dream, right?
So, what are the politicians supposed to know? How to bullshit the general populace on TV?
For the second case, I'd call that theft, too. But theft that involves corrupt lawmakers. When communists confiscate people property, it is theft, no matter what the communists put in their law.
I mean, apparently, it wasn't so bad. It only took them 20 years to make that behavior illegal. They would certainly have been faster if it were bad. /sarcasm
People will always try to game the system. But in this case, the politicians failed to act properly after it was obvious that it didn't work out as intended.