Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

DisgustipatedinCA

(12,530 posts)
Fri May 29, 2015, 08:28 PM May 2015

DENNY HASTERT IS CONTEMPTIBLE, BUT HIS INDICTMENT EXEMPLIFIES AMERICA’S OVER-CRIMINALIZATION...

You may have seen some bad things said about Glenn Greenwald today. You may have read that he sees Hastert as a "victim". He may, but certainly not as a sympathetic victim (just see below to find out how Greenwald feels about Hastert). You may have read that Greenwald missed the biggest irony of all--that Hastert helped to write the PATRIOT Act, and now he's subject to it. Greenwald didn't miss that at all (just see below). You may have read that Greenwald is coddling a pederast. He is not. Please do read the linked article so that you can see for yourself.

The media and the Internet are full of liars, spinners, and propagandists. But when we have the primary source available for all of us to see, we can easily determine what was and wasn't said, and from that, draw our own informed conclusions.

Here are a few paragraphs from The Intercept. I'd urge you to read the entire article at the link.

thanks.


DENNY HASTERT IS CONTEMPTIBLE, BUT HIS INDICTMENT EXEMPLIFIES AMERICA’S OVER-CRIMINALIZATION PATHOLOGY
-Glenn Greenwald, The Intercept

Bush-era House Speaker Denny Hastert, who was indicted yesterday, is a living, breathing embodiment of everything sleazy and wrong with U.S. politics. That is highlighted not only by his central role in enabling every War on Terror excess, but also by this fact:

Hastert’s ability to make such large cash payments probably came from his career as a K Street lobbyist. He entered Congress in 1987 with a net worth of no more than $270,000 and then exited worth somewhere between $4 million and $17 million, according to congressional disclosure documents.

That common arc is more of an indictment of U.S. political culture than Hastert himself, but he’s certainly been happily and hungrily feeding at the trough. A political system that essentially ensures that every powerful political official becomes extremely rich is one that is inherently corrupt — as we’ve been taught for decades about those Bad Other Countries — and that is the most interesting and most important part of this story.
...

Hastert is about the least sympathetic figure one can imagine. Beyond his above-listed sins, he shepherded the 2001 enactment and 2005 renewal of the Patriot Act, whose banking provisions, in sweet irony, seemed to have played a key role in his detection and in creating the crime of which he stands accused. His long record in Congress involved, among many things, denying equal rights to people based on the “Family Values” tripe, as well as continually supporting ever-increasing penalties and always-diminished rights for criminal defendants. So he’s reaping what he sowed.

https://firstlook.org/theintercept/2015/05/29/denny-hastert-highly-unsympathetic-face-americas-criminalization-pathology/

45 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
DENNY HASTERT IS CONTEMPTIBLE, BUT HIS INDICTMENT EXEMPLIFIES AMERICA’S OVER-CRIMINALIZATION... (Original Post) DisgustipatedinCA May 2015 OP
And an apology to whomever I talked to a few days ago about an all-caps title DisgustipatedinCA May 2015 #1
When you are moving that kind of money in small increments... DemocratSinceBirth May 2015 #2
Definitely. And he's an idiot for thinking that SAR's are only filed over 10K DisgustipatedinCA May 2015 #4
Not sure they have any business ever tracking it. More government shit we don't need. nt Logical May 2015 #11
The CFPB disagrees with you Generic Brad May 2015 #15
And read about the abuses and get back to me. Gullible much? nt Logical May 2015 #20
Not gullible. Informed Generic Brad May 2015 #21
And with them innocent people lose 1000s. Uninformed is more like it. nt Logical May 2015 #23
They lose thousands when protections are not in place Generic Brad May 2015 #24
Wow, LOL, has nothing to do with him. But the feds abuse their power. I assume.... Logical May 2015 #26
Not that you will give a shit..... Logical May 2015 #25
You're right - I Do Not Generic Brad May 2015 #30
LOL, "Asset seizure is a completely unrelated topic", Bullshit, same laws! Get a clue. nt Logical May 2015 #31
The federal ‘structuring’ laws are smurfin’ ridiculous Logical May 2015 #27
So I shouldn't be allowed to take my OWN MONEY.. sendero May 2015 #36
You're allowed to withdraw your own money in cash, just as you're allowed to write a check. Jim Lane May 2015 #43
He makes some good points..... daleanime May 2015 #3
Banks have had to report cash withdrawals over $10K since 1970 frazzled May 2015 #5
I'm still working out how I feel about Greenwald's piece, but I do at least somewhat agree. DisgustipatedinCA May 2015 #6
Agreed complete bullshit Egnever May 2015 #8
Which tea-party types have you heard defending the article? DisgustipatedinCA May 2015 #9
The idea that this is government intrusiveness all by itself Egnever May 2015 #10
Well, it did come from the PATRIOT Act. Back in the day, we all hated it. DisgustipatedinCA May 2015 #13
Well my favorite part would be the part that caught hastert Egnever May 2015 #14
Sorry, BSA was passed in 1970. It was the USA PATRIOT Act's increased reporting requirements that DisgustipatedinCA May 2015 #16
How is taking money OUT of your account.. sendero May 2015 #37
I don't agree with the law. Once again, too much government intrusion. nt Logical May 2015 #12
thank you, frazzled. Cha May 2015 #38
Hard to make that argument when it involves an actual criminal. That's the problem. kcr May 2015 #7
The problem with this for me is that Hastert is who he is, and his post Congressional activities Bluenorthwest May 2015 #17
Please know that I detest Denny Hastert DisgustipatedinCA May 2015 #22
Yeah. So look me in the eye and tell me you think that a House Speaker should be able to leave Bluenorthwest May 2015 #41
I'm not going to say that, because I don't believe it. DisgustipatedinCA May 2015 #42
So, if a driver regularly drives 29 mph past a radar speed detector in a 30 mph zone... Faryn Balyncd May 2015 #18
Except there are good reasons for those sort of financial transactions to be illegal mythology May 2015 #19
Indeed. Similarly, there are some sort of reading habits that should be reported to Luminous Animal May 2015 #29
Now Greenwald's fans are pro-money laundering! KittyWampus May 2015 #28
Well, no, this one isn't. But the PATRIOT Act you love is a pile of shit. DisgustipatedinCA May 2015 #33
We are getting in the weeds here... DemocratSinceBirth May 2015 #34
You make a good point. DisgustipatedinCA May 2015 #35
The story is unfolding, and this is just the start. Were others molested by Hastert? still_one May 2015 #32
Yeah, because prisons are just full of corrupt wealthy congressmen who molest children. DanTex May 2015 #39
Greenwald's position here is ridiculous. Whose supposed "freedom" is he protecting? Not Middle Class stevenleser May 2015 #40
A number of middle class folks are caught by the law mainer May 2015 #45
Here's where Greenwald has a point -- and where the law goes off the rails: mainer May 2015 #44
 

DisgustipatedinCA

(12,530 posts)
1. And an apology to whomever I talked to a few days ago about an all-caps title
Fri May 29, 2015, 08:28 PM
May 2015

I just copied and pasted the all-caps title above. Sorry, other poster.

DemocratSinceBirth

(99,714 posts)
2. When you are moving that kind of money in small increments...
Fri May 29, 2015, 08:32 PM
May 2015

When you are moving that kind of money in small increments you are bound to attract the gaze of the authorities.


 

DisgustipatedinCA

(12,530 posts)
4. Definitely. And he's an idiot for thinking that SAR's are only filed over 10K
Fri May 29, 2015, 08:34 PM
May 2015

I work at a financial institution, and there's yearly mandatory training on when to file a Suspicious Activity Report (SAR). They very explicitly look for multiple withdrawals that all come in under $10K.

Generic Brad

(14,275 posts)
15. The CFPB disagrees with you
Fri May 29, 2015, 09:11 PM
May 2015

Structured money movement needs to be monitored so that money laundering schemes can be identified and stopped. This is absolutely government business we need.

Generic Brad

(14,275 posts)
21. Not gullible. Informed
Fri May 29, 2015, 10:00 PM
May 2015

I work in banking. And while I personally disagree with some rules and regulations, this is one I whole heartedly agree with. Without these rules and regulations money laundering and criminal activity would run rampant.

 

Logical

(22,457 posts)
26. Wow, LOL, has nothing to do with him. But the feds abuse their power. I assume....
Fri May 29, 2015, 10:45 PM
May 2015

since you are in "banking" you love the abuse.

 

Logical

(22,457 posts)
25. Not that you will give a shit.....
Fri May 29, 2015, 10:43 PM
May 2015

While in 2005 there were 114 asset seizures, by 2012 there were 639. Only 1 in 5 have been charged with criminal structuring.

http://www.nytimes.com/2014/10/26/us/law-lets-irs-seize-accounts-on-suspicion-no-crime-required.html

http://reason.com/blog/2013/09/25/feds-steal-35k-from-small-grocers-bank-a

There are many more if you actually are wanting to be informed!

You crack me up!





Generic Brad

(14,275 posts)
30. You're right - I Do Not
Fri May 29, 2015, 10:56 PM
May 2015

You clearly have no idea how all this works and I have better things to do than get in a flame war with you. Do whatever you have to do - place me on ignore - choose not to respond - or keep calling me out to no avail.

Asset seizure is a completely unrelated topic.

There are many things Bernie Sanders and Elizabeth Warren support in regards to banking that I personally disagree with, but this is not one of those areas.

 

Logical

(22,457 posts)
27. The federal ‘structuring’ laws are smurfin’ ridiculous
Fri May 29, 2015, 10:48 PM
May 2015
http://www.washingtonpost.com/news/the-watch/wp/2014/03/24/the-federal-structuring-laws-are-smurfin-

It seems appropriate that the crime of structuring is also sometimes called smurfing. Generally speaking, structuring is the act of breaking up financial transactions to get around the federal reporting requirements that kick in for transactions over a specific amount of money. The alternate term smurfing is a reference to the children’s cartoon in which a large entity (the Smurf Village) is made up of several smaller ones (the Smurfs themselves).

But if you grew up on the cartoon in the 1980s, or were unfortunate enough to have seen the 2011 movie, you’ll also know that the word smurf itself is rather ambiguous. It can mean whatever the person using the word wants it to mean. And that’s a pretty decent metaphor for how structuring laws function in the hands of federal officials.

First, a little background: Most structuring cases stem from a 1970 law called the Bank Secrecy Act, which requires banks to report any deposits, withdrawals, or transfers of more than $10,000. The law has since been revised several times, but generally it’s intended to make it easier for the government to track tax cheats, money launderers, illegal gambling operations and other criminal enterprises.

..................................

The problem of course is that when you force banks to cast such a wide net, they’re going to report a lot of people who have done nothing wrong. And some of those people are going to find themselves in legal trouble. A top bartender who makes, say, $2,000-$2,500 per week in tips might make regular monthly deposits of over $9,000, but less than $10,000. It isn’t illegal to deposit $9,500 in your bank account. It’s only illegal if you’re doing so because you don’t want your bank to report the deposit to the government. That’s a pretty thin line between an innocuous activity and a felony.

(much more at link)

sendero

(28,552 posts)
36. So I shouldn't be allowed to take my OWN MONEY..
Sat May 30, 2015, 08:05 AM
May 2015

... out of the criminal banking system? You guys don't even pay me interest, why should I loan you my money? Fuck that shit.

 

Jim Lane

(11,175 posts)
43. You're allowed to withdraw your own money in cash, just as you're allowed to write a check.
Sat May 30, 2015, 01:43 PM
May 2015

The difference is that the cash withdrawal, being harder to trace, could more readily be used to facilitate crime. Therefore, the bank will report it to the government (if it's over $10,000).

This whole Hastert thing seems to have given many people the idea that you're not allowed to withdraw your own money from the bank. That isn't true. If you need $4k, withdraw $4k. If you need $50k, withdraw $50k (knowing that a form will be filed).

The only thing you're not allowed to do is deliberately structure your withdrawals so as to get the $50k without a form being filed.

daleanime

(17,796 posts)
3. He makes some good points.....
Fri May 29, 2015, 08:33 PM
May 2015

just because he's not an 'innocence' victim, doesn't mean he's not a victim.



However I feel no sympathy for him.

frazzled

(18,402 posts)
5. Banks have had to report cash withdrawals over $10K since 1970
Fri May 29, 2015, 08:35 PM
May 2015

so this stuff about the Patriot Act bringing him down is bullshit. Between the Bank Secrecy Act of 1970 (passed some 45 years ago) and a second person having made criminal allegations to the government about DH, the FBI would have investigated this always. And lying to the FBI during an inquiry was also always a crime.

The Bank Secrecy Act of 1970 (or BSA, or otherwise known as the Currency and Foreign Transactions Reporting Act) requires financial institutions in the United States to assist U.S. government agencies to detect and prevent money laundering. Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, and file reports of cash purchases of these negotiable instruments of more than $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities.

http://en.wikipedia.org/wiki/Bank_Secrecy_Act


Bullshit to this libertarian nonsense about privacy. This was a criminal act x-times over, and the government's job is to catch criminals.
 

DisgustipatedinCA

(12,530 posts)
6. I'm still working out how I feel about Greenwald's piece, but I do at least somewhat agree.
Fri May 29, 2015, 08:38 PM
May 2015

You don't seem to agree, but it's all good. My purpose was to stop some of the misinformation that was being spread so that people like you and me could decide how we feel about it by looking directly at the source material. thanks.

 

Egnever

(21,506 posts)
8. Agreed complete bullshit
Fri May 29, 2015, 08:40 PM
May 2015

These are money laundering laws. They are there to capture criminal activity. There is no law against withdrawing your own money only that the banks report large withdrawals. That doesn't by any means mean you can't or that you will get in trouble if you do.

According to greenwald and the tea party sounding types defending this garbage article you should be able to launder money at will and the government should make no attempts to stop it.

Complete nonsense.

 

DisgustipatedinCA

(12,530 posts)
13. Well, it did come from the PATRIOT Act. Back in the day, we all hated it.
Fri May 29, 2015, 09:03 PM
May 2015

I still do. BSA has been around for a long time, true, but what snagged Hastert were the additional bank reporting requirements introduced in the PA that he pimped. Again, when it was passed, everyone here hated both the PATRIOT Act AND Denny Hastert. And yes, I still hate both of them. What are some of your favorite provisions in the Act?

 

Egnever

(21,506 posts)
14. Well my favorite part would be the part that caught hastert
Fri May 29, 2015, 09:08 PM
May 2015
http://www.occ.gov/topics/compliance-bsa/bsa/bsa-regulations/index-bsa-regulations.html

What's the problem with these regulations aside from your blanket patriot act hand wringing? There are certainly parts of the patriot act that are onerous but this isn't one of them.
 

DisgustipatedinCA

(12,530 posts)
16. Sorry, BSA was passed in 1970. It was the USA PATRIOT Act's increased reporting requirements that
Fri May 29, 2015, 09:17 PM
May 2015

...snagged Hastert. I take it, then, that you support this latest renewal of the Act?

sendero

(28,552 posts)
37. How is taking money OUT of your account..
Sat May 30, 2015, 08:06 AM
May 2015

... related to laundering? Putting money IN I can see, taking money out, really?

kcr

(15,320 posts)
7. Hard to make that argument when it involves an actual criminal. That's the problem.
Fri May 29, 2015, 08:39 PM
May 2015

Also hard to make the argument when it involves actual crime. I don't have a problem with banks reporting suspicious financial activity or with laws regarding such things, laws which have been around since before the patriot act. There are crimes involving money that can devastate lives, and when those criminals are prosecuted there are always those who will squawk about decriminalization. Don't fall for it. It's a cleverly disguised argument to cover for greed and exploitation.

 

Bluenorthwest

(45,319 posts)
17. The problem with this for me is that Hastert is who he is, and his post Congressional activities
Fri May 29, 2015, 09:19 PM
May 2015

have involved lots of heavy lobbying, including for foreign governments and taking current members of Congress on trips out of the country. An ex Speaker is entitled to a sizable yearly allowance for a few years to maintain an office, many people felt Hastert's office, paid for by the people, was used for lobbying. It is also a fact that his office budget entitlement and the payroll that went with it ended in 2012, his banking frenzy began in 2013.
So it's a very large leap to present him as some guy who was just suddenly asked by the FBI why he was taking his own money out of the bank. A very, very large leap. He was third in line for a long time. He's trading on that fact, profitably. Presenting him as a private citizen going about a regular life when suddenly accosted by the FBI is a stretch.

 

DisgustipatedinCA

(12,530 posts)
22. Please know that I detest Denny Hastert
Fri May 29, 2015, 10:08 PM
May 2015

But as the poster below says (paraphrased), they didn't get him for some of the vile, illegal things he's done, they got him on a provision of the PATRIOT Act, a provision that increased bank transaction reporting requirements. I agree with you that Hastert was one of the most important people in government at the time, so I also don't think he was just some guy off the street. But along the same lines as ACLU supporting Nazi's rights to march in Skokie, I think a case could be made that if we don't protect this scumbag, it might be a good and decent politician next time around. I would love to see Hastert go away for a long time for some real crimes. And I won't lose any sleep feeling sorry for him if he goes away on these charges. But I have questions about whether those charges should exist. I've always hated the PATRIOT Act, and I'm loathe to let any little provision in the Act get on my good side. But I still have some thinking to do about this.

 

Bluenorthwest

(45,319 posts)
41. Yeah. So look me in the eye and tell me you think that a House Speaker should be able to leave
Sat May 30, 2015, 09:19 AM
May 2015

office rather suddenly, proceed to raise questions about the use of his continued government supported office budget (40K a month for 5 years) while carrying on major lobbying efforts for foreign governments involving current members of Congress being escorted by the former Speaker on trips to these countries, all while shuffling around hundreds of thousands of dollars in cash without being questioned at all?

' Sure former Senator Bozo left office, took a job working for China, still pays his staff out of a Congressional budget, takes current Congress people on field trips to meet his employers abroad in possible breach of regulations but when he moves hundreds of thousands of dollars in cash around in a furtive manner no one should question him because of freedoms!!!!'

Faryn Balyncd

(5,125 posts)
18. So, if a driver regularly drives 29 mph past a radar speed detector in a 30 mph zone...
Fri May 29, 2015, 09:37 PM
May 2015


... how about interrogating the driver regarding the reasons for his repeated 29 mph clockings, and if he claims he just likes to drive 29 mph for no particular purpose, how about charging him for intentionally structuring his driving to avoid being detected exceeding 30 mph by the radar, and for lying about the reason for his repeated 29 mpg driving?


This logic has potential! (And is much easier than convicting scumbags for their actual crimes!)












 

mythology

(9,527 posts)
19. Except there are good reasons for those sort of financial transactions to be illegal
Fri May 29, 2015, 09:39 PM
May 2015

Greenwald is wrong on this. It's not an example of over-criminalization, it's an example of the law working to catch a criminal.

Luminous Animal

(27,310 posts)
29. Indeed. Similarly, there are some sort of reading habits that should be reported to
Fri May 29, 2015, 10:51 PM
May 2015

the Feds.

FYI, there are innocent people caught up in this law, as well.

 

DisgustipatedinCA

(12,530 posts)
33. Well, no, this one isn't. But the PATRIOT Act you love is a pile of shit.
Fri May 29, 2015, 11:25 PM
May 2015

There was a time when we all hated the PATRIOT Act. What are your favorite parts of it, other than the piece you've just supported?

DemocratSinceBirth

(99,714 posts)
34. We are getting in the weeds here...
Fri May 29, 2015, 11:36 PM
May 2015

The government mandates that a bank must report all withdrawals over $10,000.00 so I don't have a problem if they investigate somebody who made 171 $9,999.00 withdrawals.







 

DisgustipatedinCA

(12,530 posts)
35. You make a good point.
Sat May 30, 2015, 12:01 AM
May 2015

I work in a financial institution, and although I work in technical IT capacity, we all must take BSA training each year. So I'm fairly familiar with it, but only as it exists today. So after seeing your post, I did some reading on BSA, and another money laundering law that was tacked onto BSA in the 80's, and then on the PATRIOT Act. The reporting requirements were strengthened with the PA. Greenwald's piece, along with a couple more I just came across, say that Hastert was busted on these strengthened requirements. Long and short of it, I can't find a document that tells me which of these laws introduced the notion that a bunch of $9000 withdrawals day after day was still a good enough reason to file a suspicious activity report that goes to the OCC. I don't know if the original BSA envisioned this, or the money laundering law that was tacked onto it later, or the PATRIOT Act itself. Here's what I do know. If withdrawing more than $10K on a given day is suspicious, then withdrawing $9900 a day is even more suspicious. I'm not sure if it should be illegal, but yeah, it's suspect. Someone's up to something when they do that day after day. Another thing I know: I fucking hate the PATRIOT Act with a white hot passion. I want to stab it in the throat and burn it with fire. IF there are any good provisions in the PATRIOT Act, I'm of the belief that they could be re-introduced individually after the PA was killed. Obviously, I'm not going to get what I want, but that's beside the point. That's the best honest answer I can give you, warts, uncertainty, and undecidedness all wrapped into one. But yes, we could be getting into the weeds.

still_one

(92,409 posts)
32. The story is unfolding, and this is just the start. Were others molested by Hastert?
Fri May 29, 2015, 11:07 PM
May 2015

There are a lot of questions that haven't been answered, and for Greenwald to automatically assume an over play is not good enough, especially since the full facts are not known yet

DanTex

(20,709 posts)
39. Yeah, because prisons are just full of corrupt wealthy congressmen who molest children.
Sat May 30, 2015, 08:29 AM
May 2015

It's destroying the fabric of rich white corrupt child-molesting America.

 

stevenleser

(32,886 posts)
40. Greenwald's position here is ridiculous. Whose supposed "freedom" is he protecting? Not Middle Class
Sat May 30, 2015, 08:39 AM
May 2015

How many middle class folks are going to get caught up by the over $10,000 cash withdrawal issue catching the attention of banks and the Feds? How many legitimate reasons are there to do that in a world of electronic wire transfers and credit cards?

How many middle class folks are trying to game the system with scores of withdrawals of cash just under $10,000?

Weigh that against the interests we all have that organized crime and various other nefarious organizations attempts to move and launder money is curtailed.

That's an easy one. This is a wonky Libertarian position obsessed with the idea that government shouldn't exercise oversight over anything.

mainer

(12,029 posts)
45. A number of middle class folks are caught by the law
Sat May 30, 2015, 09:04 PM
May 2015

And they've done nothing wrong. See my linked NYT article about the taco lady who lost everything.

mainer

(12,029 posts)
44. Here's where Greenwald has a point -- and where the law goes off the rails:
Sat May 30, 2015, 01:50 PM
May 2015

ARNOLDS PARK, Iowa — For almost 40 years, Carole Hinders has dished out Mexican specialties at her modest cash-only restaurant. For just as long, she deposited the earnings at a small bank branch a block away — until last year, when two tax agents knocked on her door and informed her that they had seized her checking account, almost $33,000.

The Internal Revenue Service agents did not accuse Ms. Hinders of money laundering or cheating on her taxes — in fact, she has not been charged with any crime. Instead, the money was seized solely because she had deposited less than $10,000 at a time, which they viewed as an attempt to avoid triggering a required government report.

“How can this happen?” Ms. Hinders said in a recent interview. “Who takes your money before they prove that you’ve done anything wrong with it?”

Using a law designed to catch drug traffickers, racketeers and terrorists by tracking their cash, the government has gone after run-of-the-mill business owners and wage earners without so much as an allegation that they have committed serious crimes. The government can take the money without ever filing a criminal complaint, and the owners are left to prove they are innocent. Many give up.

http://www.nytimes.com/2014/10/26/us/law-lets-irs-seize-accounts-on-suspicion-no-crime-required.html?_r=0

Latest Discussions»General Discussion»DENNY HASTERT IS CONTEMPT...