Five Years Later and Few Charges re 2008 Financial Crisis

-
NPR has an interesting story regarding the lack of prosecutions related to the financial collapse in 2008 in the United States.  According to the story, part of the reason for the lack of prosecutions might be the lack of investigatory resources targeting the issue.
In the latest in a string of insider trading cases, federal prosecutors this week indicted SAC Capital, one of the most prominent and profitable hedge funds in the world.

But when it comes to the 2008 financial crisis that sent the economy into a tailspin, criminal prosecutions have been few and far between.

"The folks responsible for this incredibly painful economic damage that struck our economy have gone free," says Neil Barofsky, a former federal prosecutor who also served as special inspector general overseeing the big Troubled Asset Relief Program bank bailout, signed into law by President Bush in 2008...
The article goes on to describe the allocation of resources by the government.  According to the article, William Black, previously with the Office of Thrift Supervision during the S&L crisis in the 1980s, stated:
"I've been saying it for years," he says. "You have to make the effort."

He notes that during the savings and loan crisis, he was involved with a lot of criminal prosecutions. "At peak we had a thousand FBI agents working those cases."

By comparison, Black says, when the financial crisis hit there were only 120 FBI agents working on bank fraud.

And mortgage fraud cases against big financial firms are just tough cases to bring, Black says.


The entire NPR story is available here.

Comments

Post a Comment

Popular posts from this blog

Korea Considering Adopting Plea Bargaining System

-
According to the Korea Times , South Korea is considering implementation of a plea bargaining system, and the lead prosecutor has stated that the system would initially be utilized for corruption cases. If these plans move forward, this will offer a unique opportunity to observe a criminal justice system's implementation of plea bargaining from the beginning. The prosecution is seeking to adopt plea-bargaining for corruption cases. Prosecutor General Lim Chae-jin stressed the importance of criminal law reform, including the introduction of a plea bargaining system, at the prosecution's 60th anniversary ceremony held in southern Seoul, Friday. "It is time for Korea's judiciary to adopt plea-bargaining to a limited extent, such as in bribery cases, in order to effectively punish corruption, which is getting more complex,'' Lim said. Plea-bargaining is an agreement whereby the prosecution offers a lighter punishment to a criminal suspect in exchange for admitting...
Read more

The Pursuit Podcast - Pressured to Plead Guilty

-
Readers of this blog will be interested to listen to the recently released podcast from The Pursuit  entitled "Pressured to Plead Guilty." In the podcast, I offer thoughts on the role of plea bargaining in the modern American criminal justice system. The podcast also features  Clark Neily (Vice President for Criminal Justice at the Cato Institute), Kevin Ring (President of Families Against Mandatory Minimums), and Molly Gill (Vice President of Policy at Families Against Mandatory Minimums).  The podcast does a wonderful job of weaving together  policy considerations and the history of plea bargaining with the story of  Kevin Ring's difficult decision whether to take a plea deal in return for a significant offer of leniency.  Thank you to Landry Ayres and the Cato Institute for putting together such an informative and engaging discussion of plea bargaining. It was an honor to appear on the program. As I said in my closing thoughts during the podcast, "[...
Read more

New Article Explores the Psychology of False Pleas of Guilty

-
In a new article authored by Prof. Lucian Dervan, Dr. Vanessa Edkins, and Prof. Thea Johnson, the authors explore the forces that lead to false pleas of guilty through examination of two cases of serial offenders who remained undetected for significant periods of time in part because others were initially coerced into false pleas of guilty in the cases.  Access a free copy of the article here . From the introduction: The last decade has seen significant growth in academic research and literature related to the plea bargaining system. In particular, much research has explored the impact of plea bargaining on the accused, including the phenomena of false guilty pleas by the innocent and false testimony in return for bargains. Both false guilty pleas and false testimony often result from the coercive bargaining practices regularly found in the criminal system. Plea bargaining is coercive when it overbears the will of the defendant, to borrow a phrase from the Supreme Court’s decision ...
Read more