It’s unquestionably true that there have been virtually no major prosecutions stemming from the financial crisis. But yesterday we found the exception that proves the rule.
The majority owner of what had been one of the nation’s largest mortgage companies was convicted Tuesday on all 14 counts in a $3 billion fraud case that officials have called one of the most significant prosecutions to arise from the nation’s financial crisis.
Prosecutors said the defendant, Lee Farkas, led a fraud scheme of staggering proportions as chairman of the Florida-based company, Taylor Bean & Whitaker. The fraud not only caused the company’s 2009 collapse and the loss of jobs for its 2,000 workers, but also contributed to the collapse of Alabama-based Colonial Bank, the sixth-largest bank failure in United States history.
This was a nearly $3 billion scheme, and it perhaps puts the fraud at the heart of the financial crisis in even more perspective. Taylor Bean & Whitaker overdrew on its main account at Colonial Bank back in 2002. Colonial executives would fill the gap in the Taylor Bean account to avoid overdraft fees. When the cost of this became unbearable, Taylor Bean came up with an idea, with the full knowledge of some Colonial executives. They would cover the cost by selling Colonial mortgage pools – many of which had already been sold to other investors. Colonial put these worthless, fake mortgages on their balance sheet and Taylor Bean kept selling them.
But that was only one of the schemes. Taylor Bean also misappropriated additional funds from Colonial Bank to cover losses on mortgage-backed securities sold to investors. And then a Taylor Bean subsidiary sold commercial paper to major international banks with worthless collateral that couldn’t be collected on when Taylor Bean went under.
And then, after all of these fraud schemes, the company tried to obtain $500 million in TARP funds, and actually got initial approval for them before the FBI stepped in. So there were multiple interlocking fraud schemes, and then when they all went down, a scheme to defraud the government for good measure. All in all, Farkas’ company committed an estimated $2.9 billion in fraud. And he was personally held responsible.
Farkas could face up to 30 years in prison on each of the 14 counts. The Washington Post puts in perspective this guy’s life prior to conviction:
Prosecutors said Farkas used the stolen money to augment a life of luxury. Farkas owned as many as 40 cars, including a vintage collection; a company jet and a plane he used to fly to a lake house in Maine; and an 8,000-square-foot house in Florida and other houses along the East Coast.
Farkas testified that he didn’t know he had done anything wrong, which I’m sure is the perspective of a lot of the Masters of the Universe. They either claim that they were unaware of the schemes at their companies or that they were unaware that the scheme they managed to pull off was illegal.
Two things are notable here. First, the series of fraudulent activities matches up with the notion that fraud was rampant throughout the financial industry during the bubble years. From the originators who sold the mortgages to the big banks who packaged them to the investors who bought them, everyone was in on the take. Second, the way in which Farkas was brought to justice is a model for how this could be done at practically every company on Wall Street. They went after the midlevel executives first, had them plea bargain to ensnare the bigger fish, and built their case. The notion that these cases are somehow impossible to perform is proven wrong by the Lee Farkas conviction.
Maybe the other cases aren’t so clear cut, critics would say. Without rigorous investigation, we won’t know that answer.



45 Comments


Support this site!
Subscribe to the newsletter
Advertise on Firedoglake
Send
us your tips
Make us your homepage
About FDL News Desk
I’m sure when I go to the gym this morning and tune into CNBC on the treadmill TeeVee, I’ll hear about this one nasty “bad apple”, and how this case does not in any way relate to the horror the rest of the rich folks have had to endure.
It was probably just a fluke.
This guy wasn’t even a minnow in the grand scheme of the banksters fraud. Three billion out of how many trillions???
So far, comments reflect my reaction.
Good, but let’s wait and see what kind of sentence he gets.
A fine and community service maybe?
Anyway, this guy is small potatos, a punk in comparison to the
Fed/Treasury/Wall St. kingpins who took us down.
I certainly hope this is not another show trial. No wonder the CEO’s of Golden Sacs, BankofAmerika, JP Morgan Chased, and others are looking for a quick way out the door with their golden parachutes!
If this is another show trial, I think citizens will get all Egyptian.
Can’t let one bad apple spoil the whole can of worms! /s
Thanks David,
I think it’s pretty clear that what we are seeing here also happened pretty much everywhere in the industry.
This guy is a nobody. They’ll use the million ton shit hammer on him then say, “See, we’re bringing the crooks to justice,” and that will be the end of any investigations/prosecutions into/for Wall St fraud.
Which is exactly why no serious poking around has been done. Start squeezing the midlevels and no telling what scum might rise to the surface… (“The Scum Also Rises.” H/T HST)
About time America realize we have been systemically sphicterized! Seems the Egyptian people just might have a little bit more on the “ball” than those Jersey
whoreShore, idiots! Pump and drive, until Daddy’s credit card get shut off!Yeah. What with Obama and Holder under the whip hand of FIRE(intentional antebellum allusion on the 150th anniversary), there’ll be nothing to see here, folks.
Rule of law has become an unbelievably painful joke.
If anyone seriously thinks that Goldman Sux and their executives will suffer a similar fate, seek professional help. You are delusional.
Methinks Greg Palast is about the closest thing we have to HST without the drugs.
Yup, that’s pretty much exactly what I was about to say. Then, when we note that the banksters have basically gotten away with fraud up the wazoo, they’ll point to this prosecution and whine about how we’re being unfair to them.
For anyone who hasn’t read it yet, Prof. Bill Black had this excellent piece (with an intro by Yves Smith) the other day on the utter failure of financial regulators in this cycle to identify and refer cases for criminal prosecution. That this is happening during what is nominally a Democratic administration is doubly galling, but given the players involved, not in the least bit surprising.
Among Farkas’ biggest victims was Deutsche Bank. DB’s American executives were big contributors to Obama’s campaign. Coincidence?
A sacrificial lamb, doesn’t do it!
Protect that corporate shell, just like slavery and the ability of corporate aristocrats to buy law, to advance profit. No different from drug dealers buying law enforcement’s protection, in return for a few chunks of silver, or the FDA looking the other way, or the “MMS” mitigated, with coke, booze and babes.
Taibbi’s been pretty good on this story, scooping the beltway hacks at every turn.
We all know the deal.
It’s pathetic.
I would be interested to know if anyone follows up on these houses? Have they foreclosed on any of them, only to find multiple banks holding mortgages on the same house? Are the houses’ titles hopelessly clouded? Do the owners know who to send their payments to? Who cleans up the mess after this conviction? Do they send him to jail and just leave the homeowners and defrauded investors to fend for themselves?
I don’t know why I keep forgetting about Taibbi. He writes great stuff that nobody can refute. Must be early onset Alzheimer’s on my part.
I can answer that one: yes.
He clearly has a big future in politics.
Maybe he’ll take over for Scott in Fla.
Where the hell is Charles Bronson, when you need him! To bad Americans have no rights concerning, “expectation of protection” from law enforcement, as the “cop” chooses to look the other way, then walks away!
http://www.youtube.com/watch?v=of-57Ivfwz8
Note to mod: I do not embrace vigilante justice. However people do have a right to defend themselves from bullies, in the absence of someone there to protect you. Someone who actually gets paid to protect, serve and uphold the law!
Comments pretty much reflect my initial scathing reaction to this.
BAH… who was this Farkas? Didn’t buy/pay off enough of the “right” folks in the upper 1%??
Scapegoat time, just like Bernie Madoff, who somehow tread on the wrong people’s toes.
Big deal… NOT.
Thanks for the reporting on this. I can almost guarantee that we’ll see very little about this “show trial” in the corporate-owned fascist media. Sorry to disappoint anyone reading my tirade here, but US citizens will NOT learn about this small fry & “go Egyptian.” Not. at. all.
ptoui!!!
Not sure which I’m finding more incredible: that such sphincters could try to screw taxpayers out of so much money after all the fraud schemes (not very surprising at all now that I think about it, I suppose), or that one of them has actually been held accountable for it.
So the Martha Stewart of mortgage company CEOs?
I suppose the lesson is for the rest of them: pay up or we’ll break your nose and kneecaps.
Why is angelo Mozillo of Country Wide not in jail..he was the biggest crook on the block,,instead, he has Bank of Amerika pay his fine,,,
What a frikin scam
Please report the sentence, when issued.
Will he get a month’s rehab with Lohan or six months in Al Capone’s old cell – the one with the adjoining butler?
First, the series of fraudulent activities matches up with the notion that fraud was rampant throughout the financial industry during the bubble years
Aren’t we still in the “bubble years” ? Was there some kinda reform enacted that I missed ?
I’ll be the very first one in the line to cop to being wrong, IF this particular case ends up leading to more of these crooks being busted. I would so LOVE to be completely, utterly, starkly, abjectly wrong in my assumptions (admittedly my own opinion) that Farkas is a convenient scapegoat much like Martha Stewart & Bernie Madoff.
If I am WRONG, I will celebrate. Sadly, I doubt that I’ll be wrong. Only time will tell.
“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around [the banks] will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered. The issuing power should be taken from the banks and restored to the people, to whom it properly belongs.”
Thomas Jefferson, (Attributed)
3rd president of US (1743 – 1826)
Instead they bailed out the lawbreakers who continue to take take take, at the expense of the nation, while claiming Wall Street is Up, recession over, 50,000 jobs nationwide from Mac D’s at $ 8.30 per hour while looking at 5.00 dollar gasoline? So let’s realize that for every gallon of gasoline purchased in a week by that now employed person at McDonalds, he/she is working for $3.30 per hour. 16 gallon tank x 2 fill ups = 32 gallons. 32 x 5.00 = $160.00 40 hrs at $8.30 = $332.00, less taxes and insurance, @ $265.60-160.00= $105.60 after the two fill ups during the week. $105.60 divided by 40 hours= $2.64 per hour rate of pay after all is said and done! Tantamount to servitude! This is not even a living wage. This is no joke! Even at $4.00 per gallon it still sucks. It is all one big clusteryuck designed to extract liberty and reduce a standard of living. A scorched earth policy.
Friends in high places is prolly one explanation.
As clemenza implies (leaving out the recipe for how to make a good spaghetti sauce), Farkas’ total fraud amounts to the bonus pool paid out by a single major New York bank at the height of the housing bubble frauds. Small potatoes, the leading edge, the Martha Stewart of insider trading cases.
If this were, instead, the ice cracking under the frauds of the MOTU, it would be a healthy sign of the coming of Spring.
But hey, let’s not “increase taxes on the rich.” It would be so harsh on them, y’know.
Can you imagine the phone calls that have been flying back & forth between the MOTU and Geithner, Holder? Extensive outlining of the “no good can come of any further investigation/prosecution” argument.
Please see this source, the authority on Jefferson, about that quote, which is partly spurious, partly confabulation and partly true. Thnx.
I thought this has to be a State trial because the DoJ wouldn’t tackle Bankster fraud, but lo and behold it was a DoJ prosecution. Of course the successful AAG will be forced to resign by Holder, Daily or Obama LLC.
I agree that we need to see what kind of sentence Farkas gets. I’d like to see him serve at least 20 years, no chance of parole in at least a medium security prison. After all, Farkas is a thief, plain and simple. Make him do serious time.
This is the largest part of the story that is being lost. The multiple securitizations of the same loan.
This link is very interesting reading. The comments are as interesting as the original post.
http://livinglies.wordpress.com/2011/01/23/fred-smith-explains-why-mers-was-involved-multiple-securitizations/
Marinara Sauce
Three cans whole peeled tomatos, preferably imported from Italy.
Tablespoon olive oil
fresh basil
2 cloves garlic
oregano
salt pepper to taste
heat oil in fry pan. Brown peeled garlic in hot oil. Once well browned,remove garlic and toss away. Toss in canned tomatos. Use potato masher to break up tomatos in pan. Bring to a boil, then lower heat to simmer. add fresh basil, oregano, salt and pepper.
And that’s my trick.
For meat sauce, brown your sausage or meatballs in a pan, place in your sauce, cover and simmer very low for about 2 hrs.
Buon apetite.
You and I are about the same age, and I think we’re getting past the point where we can use the “early on-set” theme.
OK, then go for “late on-set”. Works for me.
I have it on good authority that mobsters “fry”, they don’t “brown”, when they cook. No wine and sugar?
Grazie. Buon appetito.
That small slice of the American pie is all that’s on the plate at more than just McDonald’s. It happens to be about the average amount paid to clerks and wait staff at several up-market ski hotels outside Salt Lake City, including the season pass – which isn’t free if you bug out early because the working conditions suck. Tips? Those are collected by the house and shared at the end of the season, minus what Monsieur Rick and Signor Ferrari would have called carrying charges.
Recycling money upwards is America’s greatest contribution to the global economy. Who says we’re not environmentally conscious?
OK, I digress.
“Fry” some garlic.
Sure, you can pour in a little wine and throw in some sugar, but this clemenza doesn’t.