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A Special Prosecutor for Wall Street

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Posted on Sep 24, 2008

By Joe Conason

Debate over how to resolve the nation’s financial emergency is taking a salutary direction for the moment, as politicians of both parties refuse to be herded by the Bush White House into a ridiculous $700-billion swindle. Before Congress approves such a stunning expenditure to save the undeserving hides of the super-rich, they may at least create provisions for independent oversight, new regulation, public equity and homeowner relief.

There is one more thing that should not be neglected, however. Before this is over, we will need a special prosecutor with an ample budget to find, prosecute and imprison the criminals responsible for this disaster and ultimately deter such criminals in the future.

From the bottom-of-the-barrel bucket-shop mortgage salespeople, who sought inspiration and technique from the movie “Boiler Room,” to the geniuses who packaged those bad and often fraudulent loans into bad paper for sale to major banks, investment houses and insurance companies, literally thousands of crooks are out there. Unless we find a way to bring them to justice—starting at the top, by the way—then the “moral hazard” inherent in any bailout will become even more acute.

Anyone who doubts that massive fraud is at the center of this crisis hasn’t been reading between the lines. While much coverage in the business press has focused on tick-tock accounts of the final days of the big investment houses or the vagaries of the roiling market, there is no shortage of stories showing how we got into this morass.

The simple version of this decentralized criminal conspiracy can be summarized as follows: Mortgage lenders handed out loans to unqualified borrowers and sometimes tricked them into signing agreements they could not fulfill. Those same companies and others then marketed those loans with false assurances of their soundness to convince investors to buy them. Some of those investors then resold the packages of crap mortgages to other investors both here and abroad. Among the miscreants implicated in these activities were many with actual criminal records, whose entry into the mortgage industry was in no way hindered by the state regulatory agencies. They proceeded to amass fortunes large and small, using the same techniques familiar from previous financial scandals—pressurized sales techniques; targeting of the weak, elderly and insecure; outright fraud, forgery and deception.

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Which of the participants knew what was going on here? Which of them merely failed to perform any due diligence before passing along undue risk to the individual investors, pension funds and others to whom they owed fiscal prudence? Which companies and executives actively encouraged thievery, and which simply looked away while they booked big profits?

Those are the questions that must be sorted out by competent judicial authorities if we are ever to establish the rule of law in our markets. The FBI is currently investigating more than 20 lenders, including the defunct Indymac, but there is much more to be done—and at the moment, the prosecutors seem to have set their sights too low. Someone with prosecutorial authority and resources should scrutinize the major players at UBS, Bear Stearns, Lehman Brothers and all the rest. The passage of the Sarbanes-Oxley law was meant to discourage this kind of financial chicanery by major firms. Now is the time to apply its criminal sanctions to those who flouted the law.

State authorities, whose years of incompetence and negligence led directly to the debacle, cannot be trusted to enforce the law now. In Florida, for example, which has suffered the worst of the national epidemic of mortgage fraud, the state regulators were recently found to have permitted thousands of brokers with criminal records—including actual bank robbers!—to enter the marketplace. The best estimate is that up to 25 percent of the mortgages recorded in the Sunshine State over the past few years were tainted.

Now, as the federal government prepares to take many or most of those bad loans off the books of the geniuses who bought them, what will prevent additional massive fraud? Only the threat of enormous fines and years of imprisonment can prevent these crimes from being repeated, at our expense. During the final decade of the last century, the nation spent well over $100 million on special prosecutors to investigate trivial and nonexistent offenses by public officials. We should be prepared to spend many times that amount in the years to come to get to the root of this gigantic scam, both to punish and to deter.

Joe Conason writes for The New York Observer.

© 2008 Creators Syndicate Inc.


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By chiman, September 27, 2008 at 10:31 am Link to this comment
(Unregistered commenter)

The FBI is full of accountants whose ostensible role is the rooting out of financial fraud and apprehending the perpetrators. So, where were they when the bubble got started, came to a peak, and began to deflate? Were they called off? Reassigned to other, perhaps more glamorous, crimes? Really, there’s no secret that Florida and Las Vegas were centers of systematic real estate price pumping. And it’s simple to follow the documentary trail to make a case, what with the boilerplate “I promise that the statements I have made here are true” checkoffs. I’m baffled that the feds muffed this one.

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By PatrickHenry, September 26, 2008 at 12:40 pm Link to this comment

A Special prosecutor position would be a good way to vett candidates to the Supreme court.

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By msgmi, September 26, 2008 at 8:11 am Link to this comment
(Unregistered commenter)

Future prosecutions of those implicated in the financial crisis is a pipedream. It will never happen. And if it does, a few minnows will go through ‘show-trials’ and the appellate process will overturn any convictions a la Keating 5.

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By Novista, September 26, 2008 at 4:48 am Link to this comment

began in 1946. But you have to connect the dots from then to 1971. Another gift from Nixon in addition to the war on drugs.

But that was then, this is now. And what few people seem to understand is that the housing market can NOT be propped up to artificial market prices. There is no right to own a home. Yes, it’s nice if you can afford one—I’ve had four in a long life. All modest in cost and affordable.

By the same token, times have changed—and I can appreciate that those unfortunates who lost jobs or had major medical expenses fell on hard times. Those who rail against ‘greedy investors’—and there were some—but a small percentage of all who fell for the American Dream.

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By davr, September 26, 2008 at 3:47 am Link to this comment
(Unregistered commenter)

I know that everything all of you say is correct but I just want to see Palin because she is hot.  I mean she is really HOT!

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By Raven, September 25, 2008 at 10:12 pm Link to this comment
(Unregistered commenter)

Ah yes, and maybe Hank can decide who will investigate Hank himself.  After all, he thought 40 to 1 leveraging was just such a swell idea back in the day.

The boiler-room fraud, no matter how prevalent, is small potatoes. 

And the big guys, well, they’ve got the decision makers in their pockets.

No doubt there will be a big ole investigation with all the bells and whistles that go along with all that. 

Shocked, shocked, they’ll all be at the very idea that the minute they opened the vaults, the crooks came in.  No one could have guessed.

So I wouldn’t hold my breath waiting for the big guys to pay. 

They’ll just move on to a slightly less cushy job on K Street, making sure they keep the investigators at bay, the media spinning themselves silly in a frenzy of idiocy,  and the regulators neutered.

It’s what they always do.

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By P. T., September 25, 2008 at 2:50 pm Link to this comment

I think more jail would mean less white collar crime, that unlike street criminals, white collar criminals are more likely to think rationally in weighing risk versus reward.

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By GW=MCHammered, September 25, 2008 at 11:02 am Link to this comment
(Unregistered commenter)

THEY WANT MAMA TO MAKE IT ALL BETTER!
Rep Kaptur
http://www.youtube.com/watch?v=mbD62gNi9WE&feature=related

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By yacovm, September 25, 2008 at 10:05 am Link to this comment

First let’s go back to the beginning starting at bubble, although I’d rather refer it to a balloon. In the year 2000 just after post doomsday Y2K the balloon was just placed on stem of the tank of air. During that year a house, let’s say in Holiday Florida would average at $50-60k. During that same year there were many types of easy loans such as HUD and Veteran (it wasn’t necessary to actually be a Vet, one just got a little better rate if you were) which made it very easy for the average individual with $500 and job to obtain approval. Section 8 had a role in this also. If they had 20% of the price of the home they didn’t even need a job. Actually they did, but what was referred to as a “no doc” all they had to do is just say they had an income.
  Now here is where the air valve just barley inflates the balloon. Keep in mind that Holiday Florida is just a reference point and places like California and Miami holds the same principle just different prices. These loans usually carried an ARM which meant 5 years down the road Fannie Mae & Freddie Mac would be tacking on another 2.5-3% interest. These easy loans that owners had to put their signatures on, selling their souls sort of speak, compounded by falling prices.
  Before they got to that point there was a “get rich quick” craze going on and everybody and his brother became an overnight realtor by “flip that house.” or two or three or four, renting them or just fixing them up, and profiting by the fast rising house prices caused by the craze. 
  We can argue who is to blame, apparently both the home buyer and the lender is at fault. The lender acted recklessly and lent and lent and competed to lend. Mortgage and title companies were popping up all over leading the owners like sheep before the slaughter.
  The balance of fault lies on the degree of greed. Could you blame the average Joe that wanted to get rich quick or the banks who should have had more sense?
  Now we know how we got there lets propose how to get out. Giving 700 million to the same banks who got us here, paid for by the average Joe’s taxes and not only that but, Joe must barrow the money with interest just to give it to the ones who lent Joe the money for the house that he is now foreclosed on. That’s like Joe borrowing money to give to heroin dealers in order to make sure they have a steady supply of heroin that they could sell him.
  We have another option but of course it will not be considered because the government thinks it is in their best interest to help the banks thinking it will save Wall Street. We have to let the air out of the balloon by getting the prices of homes closer to the year 2000. The way we can do that is instead of giving the money directly to the banks; give it to the notes that are over priced. Let’s start with Joe’s house and his only house for now. If he paid let’s say $200,000 and he is in foreclosure, reset the value to the year 2003. That means rewriting the note. The year used adjusting the house value would be determined on until the 700 billion is allocated to first every homeowner that will occupy that house(700 billion will just an arbitrary number for now or just a limit).  This will in no doubt cause values to come down all over. This plan could be implemented to the relevance of importance. The homeless first then to the struggling families aiming at the outrageously over priced homes, this will hurt the rich and humble undeserving. There are Joe’s out there that flipped houses until he bestowed on half a million dollar house with an income that can’t support it. He should eventually be included in this bill.
  It all comes down to the basics, supply & demand. Now the supply is high. By slashing prices will create gamut of demand. New loans, transparency and credit will flow like neighborhoods at a block-party. This is the way to bailout Main Street & Wall Street.

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By P. T., September 25, 2008 at 9:09 am Link to this comment

When there are a lack of profitable investment opportunities in productive areas of the economy (such as manufacturing), capitalists turn to financial schemes.

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By Big B, September 25, 2008 at 8:09 am Link to this comment

While a special prosecuter would be a nice grandstanding effort, it ultimatly will mean nothing.
Why, you say?
Because what these wall street sleezbags did was capitalism at it’s slimey, base essence.
Of course what they did was unethical, but you cannot even say that because there never has been, nor will there ever be, ethics in our financial markets. It is essential that they don’t posses ethics, because this is capitalism. It’s about making as much money as you can. Plain and simple, whoever dies with the most toys, wins!
(I just glanced up at the TV and realized that I would really like to do Dana Perino)

On a less sexist note, What we are witnessing right now may be the downfall of the ownership society that has been the centerpiece of the neocon revolution for nearly 30 years. Private citizens followed the lead of corp america and attempted to borrow their way into the upper middle class. Little did they know, the joke was on them. For the more you borrow, the more you need to borrow. And now private citizens must just keep laughing, as corporate debt will be subsidized by their taxes, while their debt, well, your on your own, kid!
(aw, Dana’s off the TV now)
Don’t feel so bad folks! There is some good news in the middle of this mess. Maybe, a few years down the road, when all this comes to fruition, and the shit truly hits the fan, there may not be anybody left to evict you from your house!
But then again, you’ll probably have to don a mowhawk, put on some leather chaps, grab a chainsaw, and gut your neihbor to steal a can of pork and beans and some rancid cheese out of a rat trap he has hidden in his basement.

Selah!

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By Alan, September 25, 2008 at 8:02 am Link to this comment
(Unregistered commenter)

Deregulation did not eliminate the fraud statutes.
Yes, we need a special prosecutor.
(Probbaly not Eliot Spitzer)

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By Purple Girl, September 25, 2008 at 7:16 am Link to this comment

How do you save both Main street and Wall street- by helping mainstreet pay their bills to their Creditors.
KISS0 Keep it Simple Stupid
Cut checks to American Taxpayers for about $10,000 Each (Roughly what we’ll be paying in taxes for this bailout) .WE Will pay our creditors- Our house payments, car payments, utlities bills, credit card bills AND We’ll actutally buy something which will help other industries - ya know like a Big screen TV, A New Car, a Computer…
Trickle down has been Determined by th eLongitudinal study being conducted sinc eth e’80’s to be an utter FAILURE as an Economic stratedgy.
Our Country was Built from th eBottom UP- NOT The Other Way around.We built the Big 3 , they did not build US, We built the Middle Class,By Unionizing and demanding Workers Rights an dcompensation through strikes and Walkouts! WE are th eones who made the Big 3 International corps- through our & our ancestors Blood Sweat and Tears.
Henry Ford would have been left in his Garage with his dick in his hand if he could find No one to work the Assembly Line!
EVERY SOB who has had a hand in this 30 yr highjacking of the American Economy should be Facing TREASON Charges, Esp Sen. ‘got off scott free’ Keating 5 accomplice. Want to know how Our economy got here..folow John McCain’s Senate Career- follow the money Baby- or Just look over his shoulder, Phil Gramm is evidence enough of Conspiracy to commit Fraud and Economic Treason!

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By RdV, September 25, 2008 at 4:15 am Link to this comment

Hello? There are no criminals because deregulation (laws) insured there were no crimes. And no one is talking about the neccessity of regulation to prevent this from continuing to happen. So how can anyone justify handing them the key to the vault?

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By PatrickHenry, September 25, 2008 at 2:27 am Link to this comment

Any bailout or action should be after the new president is sworn in.

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By yellowbird2525, September 24, 2008 at 11:09 pm Link to this comment

usury laws have been around since banking began, to PROTECT PEOPLE from high interest rates; the LAW was that anyone using them would have to PAY 5x’s the amount that the person owed. Our LAWMAKERS (congress) removed these laws; and repeatedly taken before them did NOTHING as they were in total agreement with the deliberate harmful acts against the citizens of the USA. And the illegal fees, etc, all added which were criminal & fraud which is the term of deceptive business practice that the Fed Reserve finally came out on public TV & declared; of COURSE it was. The same laundering back of money by overbilling of the Pentagon and the “lost equipment” that Congress always claimed “must be in the hands of the enemy” were based on the same technique used continuously by the developers: down payment & lost equipment never existed except on paper. So: who ya gonna call? the lawless lawmakers? who sit down & allow all this to go on? THEIR funds are tied up in gold & off shore accounts: and the dept of justice is appointed by them along with the Supreme Court judges. Like they running around the world declaring we have gotten away with it for years in the USA bribing the heads of countries to “do it their way”. They are in of this folks: WE are being targeted and described as being the “wicked” and THEY are painting themselves as being the “righteous” and taking the “wealth of the wicked” to themselves. Because it is the AMERICANS fault for everything: THEY wanted livable wages: THEY demanded this & that; and of course THEY oppressed everyone, blah blah blah. And of course being the deceivers that they are: claim we the citizens of the USA tear babies from mothers arms while they hide & take refuge in churchs; this was Obama’s false picture to others: while in reality he was referring to the POLICE & Gov taking the 400 children away from the Mormons. Gosh, like THEY say: aren’t YOU glad YOU live in the USA?

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By yacovm, September 24, 2008 at 10:51 pm Link to this comment

WE MUST PROTEST THIS BAILOUT
THAT’S WHY THEY WANT TO PUSH IT SO FAST BEFORE IT’S TOO LATE
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This plan only helps the wealthy. I understand by giving them money the banks in return will be able to keep those loans. How about the other way around? Give the people the money to pay these loans and homes? Or, chop i.e. the price of a $450,000 house to its original value before the bubble to somewhere about $200,000 only if it is his or hers sole residence and only if the income can suffice that loan. We need to address the root of this and that is housing. This problem was created by the banks and the Feds on interest and the whole loaning industry. I realize it will be like ripping off a band aide fast and the wound will still bleed, Wall Street will take a dive, big banks and their executives would skater, but these are the ones this bailout is intended. No matter if we do this proposed bailout or we don’t someone will suffer. So lets bailout the people not the banks. Cut the home prices, let the people move in and this will cause a massive decline in home prices many people who depend on their equity to get them through, and will cause millions refuting second mortgaging and the business that need loans to start or continue production. Each and every one of these loans through transparently and scrutiny, allow to be funded with this bailout money.
“We have to jump start the economy” “We need to give (bailout) the financial institutions so we can have business as usual” “You need to pass this 700 billion dollar plan and pass it now” lets OK a plan but not the one you propose Mr. Paulson, the one we propose “let them eat cake” free the oppressed from this crisis caused by greedy investors. If you want to displace taxpayers’ money, money that they don’t even have, Its money that you intend to barrow from foreign countries with interest Mr. Paulson, then displace it from the bottom up.
All the rest of houses left that were foreclosed that were owned by investors will take a hit also. The idea here is to take an organic approach not a synthetic one

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