U.S. Congressman Asks FBI to Release Notes from Financial Crisis Banker Investigations

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These agreements were created 100 years ago to give juvenile defendants and first-time offenders a chance to for rehabilitate themselves. Only in the last 20 years have DPAs migrated to the field of corporate criminals, treating them like kids who’ve just gone down a bad path in life.

The Justice Department is leaning on these toothless agreements more and more. Of the DoJ’s 283 deferred prosecution agreements since 2000, half have come since 2010, Reilly found in a working paper for BYU Law Review.

Why has the DoJ been so keen on deferred prosecution since 2010? It coincides exactly with investigations into the 2008 financial crisis.

– From the 2014 post: The U.S. Department of Justice Handles Banker Criminals Like Juvenile Offenders…Literally

This is a really good move by Rep. Bill Pascrell of New Jersey. Indeed, the American public certainly has a right to know the details of why the U.S. government allowed Wall Street executives to walk away free, with zero accountability and wealthier than ever before.

Bloomberg reports:

FBI files on the firms that contributed to the 2008 financial crisis should be released to help the public understand why no senior executives were charged, a U.S. congressman from New Jersey said.

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New Evidence Proves HSBC Avoided Criminal Prosecution Due to “Market Risk”

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All that said, if anyone is a top contender for the worst of the worst of the Obama Administration, it’s Eric Holder. As head of the Department of Justice, he was the one man who could’ve played an enormously positive role in American society, by punishing those responsible for creating the financial crisis that destroyed tens of millions of lives globally. Instead, he chose to actively protect the financial oligarchs and ushered in a tragic new era for these United States. One in which the world suddenly realized that the U.S. is little more than a glorified oligarchy. Essentially an aggressive Banana Republic armed with nuclear weapons and the swagger of a third world dictator.

– From the post: Cronyism Pays – Eric “Too Big to Jail” Holder Triumphantly Returns to His Prior Corporate Law Firm Job

The precedent was set with the TBTF mega banks, and it was continued last week with the non-indictment of Hillary Clinton.

The rule of law simply no longer exists in America. Laws do not apply to the rich and powerful, only apply to the peasant citizens.

The following is absolutely disgusting. From the BBC:

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Texas Judge Orders DOJ Attorneys to Take Ethics Classes

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This is simply priceless.

The Hill reports:

A federal judge in Texas on Thursday tore into Justice Department lawyers who argued the immigration case involving the Obama administration, ordering them to take ethics classes.

In a blistering court order, U.S. District Court Just Andrew S. Hanen said he was “disappointed” about having to address the subject of lawyer behavior, calling it “at best, a distraction.”

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Charting America’s Descent Into Peasantry

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Earlier today, I published a post titled Americans Have Been Turned Into Peasants – It’s Time to Fight Back. In the hours since, I came across an article in the Washington Post which offers some additional details and graphics on the subject.

Here are a few excerpts from the piece titled, 2015 Was a Terrible Year for the Common Working Man:

By at least one measure, inequality among working men has grown for decades. But, in 2015, it accelerated: The wage gap among men saw its largest single-year increase on record.

Top earners — men who made more than 95 percent of their peers — saw wages last year rise by 9.9 percent, according to an analysis of federal data. Men in the middle — with earnings higher than half their peers — saw a much-smaller 2.6 percent increase.

Now here’s a graphic of the trend:

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Americans Have Been Turned Into Peasants – It’s Time to Fight Back

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America used to be the land of opportunity and optimism. Now opportunity is seen as the preserve of the elite: two-thirds of Americans believe the economy is rigged in favour of vested interests. And optimism has turned to anger. Voters’ fury fuels the insurgencies of Donald Trump and Bernie Sanders and weakens insiders like Hillary Clinton.

The campaigns have found plenty of things to blame, from free-trade deals to the recklessness of Wall Street. But one problem with American capitalism has been overlooked: a corrosive lack of competition. The naughty secret of American firms is that life at home is much easier: their returns on equity are 40% higher in the United States than they are abroad. Aggregate domestic profits are at near-record levels relative to GDP. America is meant to be a temple of free enterprise. It isn’t.

– From the recent Economist article: The Problem with Profits

In the 1970’s, Goldman Sachs CEO Gus Levy famously encouraged his employees to be “long-term greedy.” In order to understand how far we have fallen as an economy and culture, it’s important to understand the meaning of the phrase and reflect upon it.

“Long-term greedy” implies two very important principles that define a well functioning and ethical free market economy. First, is the unrepentant belief that earning a good profit and striving for financial success is a reasonable and admirable goal for both individuals and corporations. Second, is the understanding that such financial success should be earned, not stolen. If one’s focus is the long-term, the implication is that you’re committing yourself to building something real, and that the marketplace will ultimately reward you handsomely for your product or service.

Throughout my childhood, and much of my adult life, I naively assumed this was the way the U.S. economy functioned. This was partly a result of propaganda, and partly a result of it still being somewhat true. What’s become abundantly clear; however, is that from my birth in 1978 to the present day, the U.S. economy has been, gradually at first, and then rapidly transformed into a rigged, oligarch-dominated, crony Banana Republic system.

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Excellent Interview – A Brief History of Corporate Immunity

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Like so many other cases of egregious financial fraud over the past several years, regulators used softball tactics to go easy on the banks. No bank was even forced to admit wrongdoing in the orders by the US Commodity Futures Trading Commission and the Office of the Comptroller of the Currency. Regulators avoided court and settled for cash, which the traders won’t pay – the bank’s shareholders will. Officials presented a minimal amount of evidence, lacking the full details of the traders’ misconduct. They sought no judicial review.

In short, banks got away with their crimes for a pittance; their stocks even rose on the news of the settlements because the market believes the trouble is over. 

The DoJ has increasingly used a relatively new and declawed method to deal with the aftermath of the financial crisis: the deferred prosecution agreement (DPA). 

No one goes to jail and no one ever gets prosecuted. Under a deferred prosecution agreement, the Justice Department allows corporations to pay a fine, then agree to some enhanced supervision and monitoring. The Justice Department appears to admit this in the US Attorney’s manual, when they describe these deals as “agreements not to enforce the law under particular conditions”.

Each deferred prosecution agreement is negotiated individually. There is no thought to creating a future record: no trials, no jury verdicts, no appellate court decisions, no case law and no binding precedent. This makes it impossible to determine the boundaries of the law. The same conduct can be treated differently, depending on the prosecutor.

–  From the post: The U.S. Department of Justice Handles Banker Criminals Like Juvenile Offenders…Literally

Pulitzer-Prize winning journalist Jesse Eisinger is currently on leave from his day job as he finishes a book about “white collar crime & (non)punishment.” He recently sat down with ProMarket to discuss some of what he’s learned.

What follows are some choice excerpts, but I also suggest reading the entire thing here:

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Read the One Paragraph That Explains Why No Bankers Have Gone to Jail

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Earlier this morning, as I was just minding my own business reading what appeared to be an uneventful Wall Street Journal article titled, Justice Department Gets Tougher on Corporate Crime, I came across a stunning revelation.

Before getting into it, I should provide a little background. Back in September, I highlighted a document known as the “Yates memo,” referring to a document written by deputy attorney general Sally Yates which promises to target individuals in cases of corporate wrongdoing. This of course made everyone wonder why the Justice Department wasn’t doing so in the first place. Which brings me to the shocking revelation in yesterday’s WSJ article…

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Revolving Door on Steroids – New Bank of England Policymaker Allowed to Retain Financial Interest in Hedge Fund

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Can’t a guy enjoy a beautiful Friday in Colorado without being bombarded with another gigantic oligarch scam? I guess not.

Today’s article takes the revolving door theme to a whole other level. It even puts the recent revelation that law firm Covington and Burlington kept an office empty for Eric Holder while he was head of the Department of Justice to shame. You can’t make this stuff up.

From Reuters:

New Bank of England policymaker Gertjan Vlieghe will retain a financial interest in one of the world’s biggest hedge fund firms while he sets interest rates, an arrangement that Britain’s finance ministry said posed no conflict of interest.

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