Judge Jed Rakoff delivered a final blow to the enforcement paradigm followed by the Securities and Exchange Commission today by rejecting their $285 million settlement with Citigroup on an illegal mortgage backed securities deal, calling it “neither fair, nor reasonable, nor in the public interest.”
In an order Monday, U.S. District Judge Jed S. Rakoff rejected the pact, saying in part that he “lacks a framework for determining” the adequacy of the deal based on the facts presented to the court.
“The SEC’s long-standing policy—hallowed by history, but not by reason—of allowing defendants to enter into consent judgments without admitting or denying the underlying allegations, deprives the court of even the most minimal assurance that the substantial injunctive relief it is being asked to impose has any basis in fact,” the judge said.
As you can see, Rakoff is not only rejecting this deal, but objecting to the entire premise of SEC settlements on these issues over the past several years, particularly the idea that the offending party need not admit to wrongdoing when they settle. There may not be a more galling aspect to the general amnesty given to the financial industry than this, that the big banks can just throw money at their problems, just pay off the regulators for their fraudulent activities, and never have to say “we were wrong.” Obviously an admission of guilt would open them up for additional charges, and that simply cannot be done.
Zero Hedge has the full filing. This triggers a trial date for Citi in July of 2012, a jury trial where the ultimate terms of the settlement can change wildly. The SEC obviously gets reprimanded by Rakoff for failing to create a settlement in the public interest. But Citi could have to pay through the nose by going to a jury on this case, where they are accused of knowingly selling MBS to investors where they took the other side of the bet.
More from Crain’s New York. Bravo for Judge Rakoff for blowing the whistle on an insidious game being played between the regulators and the banks to essentially whitewash past crimes. This is a great line, from the order:
In any case like this that touches on the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives, there is an overriding public interest in knowing the truth. In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers. Even in our nation, apologists for suppressing or obscuring the truth may always be found. But the SEC, of all agencies, has a duty, inherent in its statutory mission, to see that the truth emerges; and if fails to do so, this Court must not, in the name of deference or convenience, grant judicial enforcement to the agency’s contrivances.




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Truth and reason.
Judge Jed Rakoff gets it.
He actually insists upon the Rule of Law.
Thank you, DDay, for bringing us such news and daring to look where many members of the “fourth estate” would turn away in … “due deference” … intentionally “mistaking” such looking “forward” or “away” as practical “due diligence” … the “pragmatic expediency” of cynical “self-promotion” so prevalent among the “best and brightest”, today.
DW
What a PAIN! now we’ll have to shift it out of his court via appeals until we get a judge we can payoff.
Boxturtle (Channeling Citi’s law team)
Damn I am glad you are back DDay! And bringing good news, as only you can! I must’ve hit FDL News 200 times in the last five days looking for you. Now I have spent a whole blissful morning, opps, I better get to work.
A public trial?
How long can they draw that one out for?
Years probably.
Sorry for the hiatus!
Just so long as you got lots of rest!
I wonder how the SEC feels about potentially having to prove cases against what could be termed their prior co-conspirators? One assumes if forced to, they will generally opt to do nothing.
What pile does the settlement money go into?
Here’s a wonderful story out of Carroll County, GA. Seems Judge Dennis Blackmon does not take too kindly to what’s being done to one person caught up in the horrendous mortgage mess, and the response offered by US Bank. His ruling is a thing of beauty. It’s so wonderful that it reads like a spoof, but HuffPo picked it up and covered it nicely. American needs many more Judge Blackmons.
David — O/T but you never told us how the pooch did at the vets!
God bless Judge Rakoff. This shit has got to stop.
Holy shit. An honest judge right here in Georgia. Who could have anticipated . . . ?
I feel sorry for the SEC, they are going to have to bite the hand that feeds them. That make lapdog sad.
A true American hero unlike the” peoples” President who sold his soul to these corpulent greedy bastards.
Now that they are under the gun, will the sec (I don’t mean football) make a real case, or will they come in so weak that citi can’t be convicted? It will be hard to do since citi already agreed to pay, but the wholly owned w$ subsidiary could probably do it with a straight face and face no repercussions.
didn’t this judge do a similar thing with another bank and then the SEC came back with a higher settlement and he approved it. would not hold my breath here
Judge Rakoff calls the financial industry out. Double dealing, misrepresentation and out an out lies are what the SEC is supposed to prevent. Under Christopher Cox, SEC Chair for BushCo, banks were allowed to do what they wanted and we the taxpayer public had to bail them out. Rinse and repeat Europe is going to do the same with the aid of our Federal Reserve bank, who dished $16 Trillion out the back door to them then. Any bank that gets public funds bailout to stay Zombie should be nationalized.
They ran our global economy off of the cliff by leveraging risks they declared profits the following years for their stock holders and we picked up the tab, lost millions of jobs, 35% retirement equity and over 50% home values. Now we have to beg the crooks for survival safety net.
Life in jail is an appropriate sentence. Restore us to our position before the housing bubble. May this legal precedent bring the crooked financial industry under control. They get our tax money for .2 tenth of a percent and loan to own at userous rate 25%. These are bloodless vampires.
If true, it would be before Occupy .
Occupy changed everything.
Game on , baby.
It is good to see a step in the right direction. The banksters have lied and gotten rich from it, first when they sold the crap and second when they got bailed out. I want some of them to go to jail. That won’t happen, but I would take the option of taking money away from them.
A bad day for the MOTUs. A district judge in New York and an AG in California are poised to upset the apple cart.
When will the high-altitude swan dives into concrete commence?
There we go again with one of them sonsabitchin’ activist judges gettin’ all uppity and legislatin’ from the bench…
Go Judge Rakoff!
Rakoff for President!
HAHAHAHAHAHAHA!
Fuck Citigroup.
$285 Million? Seriously? That’s barely lunch money for a month for these peckerwood MOTU MFs…
You’re right. It’s just a snack.
Who appointed Rakoff anyhow? The temerity. I see a suicide in his not too distant future.
They happened in the 30s because wall street criminals sold out their hometowns and didn’t want to face the music.
Todays victims have no idea which Mc Mansion they live in or what town.
Hope this is a start of Judges standing up for the people since the elected officials and bureaucrats are obviously on the banks payroll.
I hope he’s a stay at home type of guy.
Airplanes could be a fatal disease for him, the smaller the plane more virulent.
My stars & garters. How QUAINT… following the Rule of Law. I thought the Rule of Law was just for the 99%, and that the 1% did whatever they damn well pleased & the 99% should bow & scrape before them.
Well, good for Judge Rakoff. I won’t hold my breath, however. I’m deligted to learn about this, but it always seems that the skeevy grubby shits get away with murder and more these days. I will remain cautiously optimistic but color me skeptical.
Thanks for the post, DDay, and glad you had some time off recently.
Read the ruling from the Judge in Georgia fatster posted @ #8, quoting Arlo he’s a DFH.
This is also the full employment act for MOTU lawyers.
Now THAT would be a reason to get rid of the Occupy tents–to prevent any soft landings for swan divers!
Rakoff deserves the Cong. Medal of Honor – oh wait, you only get that in wars – oh wait — anyway….
Just re-read The Big Short (and even understood it). It puts all of this crap in technicolor context, so if you never read it, or even if you haven’t read it since it came out…….highly recommended – The Prof
Oooooh. A TRIAL. “I love it when a plan comes together.”
Hannibal Smith, “The A Team”
So, the SEC was gonna cut these crooks a “deal”. Tha sure stinks BIG TIME. SEC is part of the “executive branch”, right??? DOJ??? Now who exactly are the heads of the “executive branch” that MAY have signed off on this??? Lemme look that up……says HERE, the attorney general and…OMG, the PRESIDENT. The same president who promised to “clean up” Wall Street????
I say, “Listen to my story ’bout a man named Jed….”
“unlike the” peoples” President who sold his soul to these corpulent greedy bastards.”
—————————
Well that’s kinda
harsh, accurate.LMAO!!!
yes, he did.
The SEC filing actually involves more than just Citigroup.
http://www.sec.gov/news/press/2011/2011-214.htm
Ooooooh. You’re kidding. Right?
Duffusing personal accountability via the the corporate prism, while maximizing profits and politcal influence? Need that “11th amendment” proposed by Jefferson and Madison more than ever. The enthroned corporate aristocrats need to have their “nuts” severed. Zee good place to start would be the corporate shell. Given the scope of the “corporate sodomy” by these corporate entities, this Judge did his job in protecting the republic, unlike Taney who protected slaveowners…..