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Jefferson23

(30,099 posts)
Tue May 6, 2014, 09:06 AM May 2014

Big Banks Caught Red Handed but Continue to Avoid Prosecution

May 5, 2012

Bill Black: Despite a government accountability office investigation uncovering new evidence of illegal robo-signing, authorities still striking deals instead of locking up wrongdoers

snip* SHARMINI PERIES, TRNN PRODUCER: Welcome to The Real News Network. I'm Sharmini Peries in Baltimore.

This is our segment with Bill Black. Bill Black is an associate professor of economics and law at the University of Missouri-Kansas City. He's a white-collar criminologist and former financial regulator. He's the author of The Best Way to Rob a Bank Is to Own One. And he's a regular contributor at The Real News Network.

Thanks for joining us, Bill.

BILL BLACK, ASSOC. PROF. ECONOMICS AND LAW, UMKC: Thank you.

PERIES: Bill, I understand you have two strategies to report on today, one that throws the homeowners under the bus, and another one: how the federal government plans on protecting bankers once again.

BLACK: So the one about the homeowners has to do with a GAO study that just came out. And the GAO looked at one of these programs in which the banks agreed with the Federal Reserve and the Office of the Comptroller of the Currency, which is supposed to regulate the largest national banks, to review their loan files and find out where they had screwed up in foreclosures or failing to give relief and to provide substantial payments to homeowners who were the victims of this practice, except that it all went disastrously wrong. So they started this review of the banks' records, and it turned out that the records were in such terrible shape that the people doing the review, who were consultants chosen by the banks, concluded that they couldn't complete the review unless they spent many years and billions of dollars doing it, because the loan files were in such bad shape.

Now, that should have caused everyone to reexamine how often they were engaged in fraud, the so-called robo-signing in which they lied in their affidavits that they had established a basis to foreclose on people's homes. But, of course, it didn't lead to that. Instead, it led to a deal in which the OCC and the Fed released the banks from the requirement to do the file reviews. And the GAO says, because of this, homeowners will get a billion and a half fewer dollars. And, of course, there was no completed review to find the facts and to determine who actually was the victims of all of that. So that's the first atrocity.

in full: http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=11816

23 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Big Banks Caught Red Handed but Continue to Avoid Prosecution (Original Post) Jefferson23 May 2014 OP
Disgusted K&R marmar May 2014 #1
I don't see much light at the end of the tunnel for this, do you? Jefferson23 May 2014 #3
But Eric said he's gonna nail 'em, just as soon as the statute of limitations expires. Scuba May 2014 #2
Frustrating, beyond words. n/t Jefferson23 May 2014 #4
Nope ... 1StrongBlackMan May 2014 #5
So Eric will be out before then? Maybe there's still a chance for prosecutions. Scuba May 2014 #6
Care to wager whether there will be prosecutions ... 1StrongBlackMan May 2014 #7
Lemme know when Jamie and Lloyd are doing the perpwalk. Scuba May 2014 #8
Just those two? ... 1StrongBlackMan May 2014 #9
Jamie Diamond, you are unaware of his crimes? Jefferson23 May 2014 #10
I know what he is accused of by non-lawyers ... 1StrongBlackMan May 2014 #11
William K. Black: Jefferson23 May 2014 #12
I know who Professor Black is ... 1StrongBlackMan May 2014 #13
Based on what, do the felonies not attach to Diamond? Jefferson23 May 2014 #14
I think you are mis-understanding what you are reading ... 1StrongBlackMan May 2014 #15
I haven't misunderstood Black, I am trying to understand your position. Jefferson23 May 2014 #16
Not an expert on corporate structure ... 1StrongBlackMan May 2014 #17
Sorry, there is far too much available to prosecute, and your opinion is based Jefferson23 May 2014 #18
I'm not ignoring anything, nor ... 1StrongBlackMan May 2014 #19
Nonsense. Why do you believe there is no culpability by Diamond...no clear connection, right? Jefferson23 May 2014 #20
Okay, you are correct ... 1StrongBlackMan May 2014 #21
K&R! I guess this is not worthy of the MSM. Enthusiast May 2014 #22
I'm not aware of the coverage, nope. Today: Justice Dept. Signals Criminal Charges for Big Banks, Jefferson23 May 2014 #23

Jefferson23

(30,099 posts)
3. I don't see much light at the end of the tunnel for this, do you?
Tue May 6, 2014, 11:01 AM
May 2014

I feel our only recourse is to strive for public funded elections..how else do you
explain the lack of accountability..I have no other answer.

 

1StrongBlackMan

(31,849 posts)
5. Nope ...
Tue May 6, 2014, 01:22 PM
May 2014

SoL is 10 years:

Bank fraud (scheme or artifice to defraud a financial institution). 18 USC 1344.
Mail fraud (using the mails for a scheme or artifice to defraud). 18 USC 1341.
Wire fraud (using wire, radio, or television in a scheme or artifice to defraud). 18 USC 1343.
Violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 USC 1962, that is predicated on bank fraud under 18 USC 1344.
Receipt of commissions or gifts for procuring loans. 18 USC 215.
Theft, embezzlement, or misapplication by bank officer or employee. 18 USC 656.
Embezzling funds from a federal financial institution. 18 USC 657.
Falsifying bank records (reports, entries or transactions). 18 USC 1005.
Falsifying records of a federal financial institution (reports, entries or transactions). 18 USC 1006.
Falsifying, forging, or counterfeiting a statement to the Federal Deposit Insurance Corporation (FDIC). 18 USC 1007.
Making a false statement or report, or overvaluing assets for a federal loan. 18 USC 1014.
Making a false statement or report, or overvaluing assets as it relates to insurance and a financial institution. 18 USC 1033.
 

1StrongBlackMan

(31,849 posts)
7. Care to wager whether there will be prosecutions ...
Tue May 6, 2014, 01:28 PM
May 2014

and dare say I, convictions of financial sector wrong-doers?

{Goodie ... another opportunity to test my speculative vision, as a supporter of this administration, against yours. To this point I'm at least 6-0.}

 

1StrongBlackMan

(31,849 posts)
9. Just those two? ...
Tue May 6, 2014, 01:39 PM
May 2014

Just out of curiosity, what charges should be brought against Jamie or Lloyd ... or does it matter, so long as they go to jail?

Jefferson23

(30,099 posts)
10. Jamie Diamond, you are unaware of his crimes?
Tue May 6, 2014, 01:49 PM
May 2014

Professor Black says, “CEO Jamie Dimon has presided over the largest financial crime spree in world history. . . . It depends on how you count it, but it is more than a dozen, and more in the range of 15 major felonies that either the United States investigators have found, state investigators have found or foreign governments have found.” The Professor goes on to say, “JP Morgan’s frauds are epic in scale, unprecedented in world history. . . in these $23 billion we’re talking about, these are frauds that made Jamie Dimon and other senior officers incredibly wealthy by creating fictional income that led to very real bonuses.”

http://usawatchdog.com/jp-morgans-frauds-are-epicunprecedented-in-world-history-william-black/

 

1StrongBlackMan

(31,849 posts)
11. I know what he is accused of by non-lawyers ...
Tue May 6, 2014, 01:56 PM
May 2014

Even Professor Black has yet to frame an indictable offense that could attach to Diamond.

There is what the law is (i.e., must satisfy the elements of a complaint in order to get an indictment, let alone a conviction); then, there is what we wish the law was (i.e., they got rich ... f@$% 'em, send them to jail! ... so long it isn't me).

Jefferson23

(30,099 posts)
12. William K. Black:
Tue May 6, 2014, 02:05 PM
May 2014

Black was litigation director for the Federal Home Loan Bank Board (FHLBB) from 1984 to 1986, deputy director of the Federal Savings and Loan Insurance Corporation (FSLIC) in 1987, and Senior VP and the General Counsel of the Federal Home Loan Bank of San Francisco from 1987 to 1989, which regulated some of the largest thrift banks in the U.S.[3]

http://en.wikipedia.org/wiki/William_K._Black

So what you're suggesting is that Black is only speculating about 15 felonies? Your comments seem unsupported.

 

1StrongBlackMan

(31,849 posts)
13. I know who Professor Black is ...
Tue May 6, 2014, 02:11 PM
May 2014

and greatly respect his body of work; but no, I'm not suggesting that Black is only speculating about 15 felonies. What I am saying/have said repeatedly is the felonies that have been committed do not attach to Diamond (or just about any other financial industry top executive ... that is how, and why, corporations are structured; to insulate the top executives from culpability.

 

1StrongBlackMan

(31,849 posts)
15. I think you are mis-understanding what you are reading ...
Tue May 6, 2014, 04:32 PM
May 2014

Professor Black states that many felonies have been committed, and Diamond was the boss while these felonies were committed; but that does not mean, under the law, that Diamond is legally culpable for these felonies.

In order for Diamond to be charged, the prosecution would have to prove that either: he participated in, or knew of, the fraudulent activity; or (according U.S. District Judge Jed Rakoff) that he was willfully blind to the wrong doing. Corporations are structured so as to insulate the top executives from anyone being able to prove that they participated in or even knew of the wrong-doing (that's why corporations have so many layers of decision-makers.)

Likewise, it is a tough case to bring that an executive should have known, but chose not to know, of the wrong-doing without the benefit of hindsight. Courts have ruled time and again that corporate officers must be able to trust the information that their subordinates provide them, even if that information proves to be wrong.

Despite what Rakoff opines, there is a reason why these cases are few and far between ... even in his Court room.

Jefferson23

(30,099 posts)
16. I haven't misunderstood Black, I am trying to understand your position.
Tue May 6, 2014, 05:35 PM
May 2014

I don't need to be an expert at corporate structure to understand that building a case
against Diamond is/was possible. You seem to rely heavily on presumptions of difficulty
and not much more...as I said previously, many disagree with your opinion.

I'll leave it there.
 

1StrongBlackMan

(31,849 posts)
17. Not an expert on corporate structure ...
Tue May 6, 2014, 06:07 PM
May 2014

one must just have a knowledge of what "building a case" means.

I do not rely heavily on presumptions of difficulty, I rely on my legal education and experience in the field ... and maybe, a little on the knowledge of what goes into prosecutorial decision-making.

Jefferson23

(30,099 posts)
18. Sorry, there is far too much available to prosecute, and your opinion is based
Tue May 6, 2014, 06:34 PM
May 2014

on a desire to ignore much of it. That you would discount Black and Rakoff indicates
you have a different agenda.

” Law enforcement officials had the tools, from Sarbanes-Oxley on down, to hold the perpetrators to account. They failed, because they wanted to fail. They didn’t want to disrupt the financial industry by exposing its corruption."

 

1StrongBlackMan

(31,849 posts)
19. I'm not ignoring anything, nor ...
Tue May 6, 2014, 07:07 PM
May 2014

am I discounting Black or Rakoff ... Maybe we could clear this up by you either linking to where either Black or Rakoff indicate that Diamond could be prosecuted (your segment from the Black article didn't say what you think it said); or frame the case where Diamond could be held criminally liable.

Jefferson23

(30,099 posts)
20. Nonsense. Why do you believe there is no culpability by Diamond...no clear connection, right?
Tue May 6, 2014, 07:38 PM
May 2014

Your position is the corporate structure keeps Diamond immune..your opinion. Their opinion is just
the opposite...it is based on lack of will, not evidence. I will remind you, you have offered nothing
but your opinion at this point. No matter how many times you repeat what you're saying it does not add up
and according to Black, the Justice Dept is no longer saying it, either.

William K Black, audio/video interview...he speaks to building a case and why it has not taken place:

http://www.silverdoctors.com/bill-black-on-why-jamie-dimon-will-not-be-prosecuted-for-explicitly-violating-sarbanes-oxley/



 

1StrongBlackMan

(31,849 posts)
21. Okay, you are correct ...
Tue May 6, 2014, 09:37 PM
May 2014

it is clear that Dimon signed a false disclosure form in violation of Sarbanes-Oxley certification.

However, that is completely unrelated to the mortgage melt down or the fraud that lead to it that folks want punished.

I guess if jailing folks is the objective, regardless of their connection to the theft of billions, you are correct. I was arguing more about the fraud that was the capitalization and selling of worthless MBS; rather than, a signing off on a certification that the company had someone watching that traders were trading what they said they were trading.

So the long and short of this is you are correct ... there is evidence that JD violated S/O and should go to jail ... if he were held to the same standard of any "Joe CPA" out there.

Sorry to belabor the point ... we were talking about two different things.

Jefferson23

(30,099 posts)
23. I'm not aware of the coverage, nope. Today: Justice Dept. Signals Criminal Charges for Big Banks,
Wed May 7, 2014, 09:08 AM
May 2014

But What's to Come?

Bill Black: Although Attorney General Holder says no bank is too big to prosecute, the Justice Department will be going after foreign banks instead of making an example of the leadership behind the financial crash - May 7, 14

audio/video interview:

http://therealnews.com/t2/index.php?option=com_content&task=view&id=31&Itemid=74&jumival=11826

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