I generally agree with Peter Henning that Eric Schneiderman’s plaintive wail for more resources for the RMBS working group, the task force looking into fraud in the mortgage securitization business, suggests that there will not be any meaningful prosecutions coming out of Washington against Wall Street. And he marshals a bunch of other evidence.
[Schneiderman's] statement is hardly a ringing endorsement of the working group’s effort because it is a common refrain to blame a lack of resources for the absence of any real progress on cases.
The fact that the transactions under investigation took place four to seven years ago does not bode well for pursuing cases against any individuals because evidence, like memories, tends to not get better with age.
The working group has issued a number of civil subpoenas as part of its effort, but apparently none have been issued on behalf of a grand jury, which is the primary vehicle for a criminal investigation. The absence of any involvement by a grand jury is another indication that criminal charges are unlikely.
This is all just common sense. All civil subpoenas means all civil litigation, and probably all settlements. A call for more resources means there aren’t enough resources. The lag time in investigation argues against anything getting done at all.
I suppose it’s possible that the Senate will get the working group the resources it needs, but that’s several months down the road, and it assumes there will be a set of budget appropriations passed for the next fiscal year, rather than a series of continuing resolutions. And it neglects all the other warning signals screaming that this is a Potemkin investigation, without anything approaching justice and accountability for acts of fraud.
Just consider this riveting profile by Bob Ivry at Bloomberg, on Sherry Hunt, a quality control specialist at Citigroup, who eventually won $31 million in a whistleblower case:
By 2006, the bank was buying mortgages from outside lenders with doctored tax forms, phony appraisals and missing signatures, she says. It was Hunt’s job to identify these defects, and she did, in regular reports to her bosses.
Executives buried her findings, Hunt says, before, during and after the financial crisis, and even into 2012.
Citigroup behaving badly as late as 2012 shows how a big bank hasn’t yet absorbed the lessons of the credit crisis despite billions of dollars in bailouts, says Neil Barofsky, former special inspector general of the Troubled Asset Relief Program.
“This case demonstrates that the notion that the bailed-out banks have somehow found God and have reformed their ways in the aftermath of the financial crisis is pure myth,” he says.
It’s a good story and you should read it (Hunt found that by 2007, 60 percent of all Citigroup mortgages “were missing some form of documentation,” suggesting what we all thought, that this conduct was systemic). But the point I wanted to take from it is that Citigroup continued to commit mortgage fraud, a bastardization of the mortgage lending system, into this year. After all the alleged investigations, and big-name settlements and consent decrees, and vows not to do it again, fraud remains business as usual in the big banks. Why? Because there’s been nothing close to a deterrent for these banks that would cause them to rethink their business models and change their ways. In a way, those responsible for the lack of prosecutions are aiding and abetting ongoing crimes. They have simply negated the criminal justice system as a method for accountability. So there is none.
Nothing has changed inside the banks. In fact, they’ve gone back to their familiar tricks of lobbying against more regulations and higher penalties, according to a shouldn’t-be-so-surprised Center for Responsible Lending, which approved of the foreclosure fraud settlement.
The point of holding bankers accountable is no different from holding bank robbers accountable. If you don’t, you just end up with more robbed banks.




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So, if crimes are not prosecuted, then the criminals will keep on doing the crime?
In a sane world, even politicians could grasp that hoary homily.
However …
If the political class itself is rewarded for NOT seeking prosecution, then …?
The political class has become both enablers of criminal behavior AND fellow criminals.
Well, DDay, you have been covering this with incredible clarity and honesty and it is simply too bad that neither of those things is in vogue or much valued beyond your readership … and by the majority of “the people” … unfortunately NONE of us are the “right” people … so … it will continue, unabated …as you say, “aided and abetted” by those who are supposed to “represent” OUR interests, however those “representatives” no longer care to represent US … they now “work” for someone else, not for principle, but for a nice slice of the avarice.
Thank you, again, David, you are simply, the best.
DW
The par I like the most is bankster learned from the S&L crime wave if you didn’t change the laws then you went to jail. So out they went and bought congress and the potus. Yes they have broken a few laws but as you point out there no will. I’m not shocked at this given 0 and his comments about his good friends on ws. Main Street loses and watch out for 0 in 2012.
You forgot rapist, Murders and on and on.. But hey of course if you have mega Bucks you can get away with almost anything in our current corrupt legal system.. Including violations of all of our Constitutional Rights under the previous administration and unfortunately under BO’s Administration..
And I agree with DW David you sure keep us abreast of the real truth and News.. Keep up the Yeoman’s work that you do..
I agree. Aside from Obama’s horrid record on (1) civil rights and (2) the fact that 93%—which is worse than under Shrub!—of the income generated in the recovery since the start of his administration has gone to the 1%, (3) his complete lack of motivation to help in the area which was one of the most important aspects of our economy collapsing, has bothered me the most. I usually get the news here first and then later, much, much later hear it elsewhere. These are sorry times.
He is a small, ass-kissing man with no moral compass or vision.
It almost doesn’t warrant any blog writing or commentary, that tolerating fraud tends to encourage fraudsters to commit more fraud.
agreed.DD rocks
this is one of te MOST important posts ever written here. The criminality of the ruling class has emboldened them into slaughter for petrodollars,putting families on the street in housing fraud,and letting all the guilty go Scot free.I posted many years ago,the first Boosh presidency,that the prison doors should be flung wide open,for the criminals,murderers,are on the outside
It can’t be repeated too often, IMO. It shows how this “looking forward” bullshit is fundamentally immoral. But YMMV.
let us not forget the 100,000,people who die for lack of medical ins/or care
yes,yes,yes….amoral..and encourages average people to emulate this whole sick greed thing
FAUDSRUS
Citigroup behaving badly as late as 2012 shows how a big bank hasn’t yet absorbed the lessons of the credit crisis despite billions of dollars in bailouts, says Neil Barofsky, former special inspector general of the Troubled Asset Relief Program.
they HAVE absorbed the lessons,beautifully,crime pays
“The point of holding bankers accountable is no different from holding bank robbers accountable. If you don’t, you just end up with more robbed banks.”
And from Bill Black who prosecuted the S&L criminals…The best way to rob a bank is to own it. TBTF Banks are run by criminal conspiracy
The damage is tens of trillions of dollars, wrecked live, lost opportunity for college grads, college debt unpaid and retirement funds devastated. Lower wages more inequality. And O won’t let the pain relief of pot help the sick. He is the gift that keeps on giving.
OT, but what was Florida thinking when they elected Skeletor The Freak governor?
Just look at him, what good has ever come from someone who looks like that?
Axe murder movies?
You got to admit he’s a Sharp looking guy.
The more he coddles the better his chances at revolving door employment facility.
Damn are your wrong, he envisions himself sitting pretty for the rest of his life with plenty of pig slop left for the girls.
Quite the extraordinary vision if you ask me , just cause his hands are a little bloody he’ll get by .
Have you seen the going rate for campaign
Bribescontributions these days ?While we’re on a downward spiral they’re on the opposite, an uphill spiral.
This reads much like what Bill Black and Ransall Wray write about. We will never really see justice prevail. It is simply too late.
There is a better than even chance Obama will lose this election. The other guy is no better, but it will give us all a chance to smile as he waves goodbye.
Oh, he has a vision for himself alright; for the nation, not so much.
As a woman, I cannot countenance a win by Romney and if I were a lesbian I am sure I would be sickened by the thought of Romney winning. So on these issues it will be hard times for all of us.
I do have this sinking feeling, however, that if Obama wins nothing will get better. Already the economy is worsening and the outlook for it getting better worsening yet! He lacks the skills and the motivation to do what needs to be done. He has kept in the same old raft of people who protect the banks. I think that if Romney gets in we really don’t know what he will do, but could he do worse? I mean seriously, if Shrub’s administration gave 65% to the 1% and Obama gave 93%, how could Romney do worse? Even the 7% left is already miniscule.
I don’t want this to be how I spend my old age. I see us as frogs getting boiled alive with Obama.
That would be a look between two middle fingers pointing to the sky.
Here’s the one upside of Romney winning, and it’s actually a big one – he is so repulsive, transparently greedy, cold-hearted and ham-handed in everything he says and does that after four years of his Presidency I think the majority of the citizenry will not be able to help seeing what’s really going on. Obama the smooth talker will be able to finesse it for a good while longer. I’m not voting for Obama or any Democrats for NDAA and H.R. 347 among other things. Not that it’ll make much difference, because I’m in CA and I’m pretty sure they’ll still win and Obama will clobber Romney. But voting for “the lesser” hasn’t worked in my almost 30 years of voting. I’m done, and Dog save the United States of America.
ETA: responding to Theresa Kohlhoff, I can never tell if that gets on the post
The same criminal conspiracy that owns our government and the leadership of both political parties.