The Wall Street Journal fronts news that the feds are suing Wells Fargo for a decade of mortgage fraud that bilked the government out of hundreds of millions of dollars. The New York Times stuffs it on B3.
The WSJ:
The complaint alleges nearly a decade of misconduct dating back to May 2001. The suit contends that San Francisco-based Wells engaged in “regular practice of reckless origination and underwriting” of government-backed loans. The company said that more than 100,000 FHA loans met federal guidelines when more than half of them didn’t, according to the complaint.
Unsurprisingly, it’s the bank as a corporate entity getting sued here, which means no individuals are being held accountable. It’s as if the fraud magically committed itself, without fraudsters. Neither the WSJ nor the NYT points out that no individuals are being sued, much less prosecuted.
— Bethany McLean has a terrific column up at Reuters on the weak-sauce fraud lawsuits governments have recently brought against Bear Stearns and JPMorgan Chase.
This is the case finally brought by the New York AG over Bear Stearns knowingly securitizing bad loans, demanding payment from originators, and then keeping the money for itself rather than passing it on to the investors to whom it was owed. Unsurprisingly, the same thing going on with Wells Fargo is happening here:
The biggest flaw is that Schneiderman decided not to name any individuals, a practice that is sadly all too common in financial fraud cases. The New York Times argued that it’s a strength that the case doesn’t focus on individuals and specifics, and instead alleges a broad pattern of fraud. But naming names is powerful. Anonymity is weak, and that is amplified when the generalized wrongdoing allegedly occurred at a now-defunct bank. In addition, the lack of names is weird. How could the actions alleged in the complaint have been accomplished if real people didn’t do them?…
Another possibility is that those who say that federal agencies simply don’t have the appetite to pursue the banks are right. Whether that’s because they lack the resources and the political will, or because bringing criminal charges against individuals would inexorably lead up the chain to the institution, which would destroy it, and no one wants to see that happen, it doesn’t much matter. If Schneiderman’s lawsuit is the best we can manage under those constraints, then that’s a tragedy.
— FireDogLake’s David Dayen makes a nice catch on the Obama campaign’s new Big Bird ad, which says, “Mitt Romney knows it’s not Wall Street you have to worry about. It’s Sesame Street.”
The ad starts with a list of big white collar criminals, and Dayen notices that it’s awfully dated:
Let’s look at that litany of Wall Street “criminals” and “gluttons of greed,” which later get juxtaposed with Big Bird. You have Bernie Madoff, Ken Lay and Dennis Kozlowski. So two CEOs prosecuted and convicted by George W. Bush’s Justice Department, and Madoff, whose son turned him in before Obama took office, in December 2008, and who pleaded guilty.
So the Obama campaign could not fill a list of three Wall Street criminals that the Obama Justice Department actually sent to jail. Heck, they couldn’t fill a list of one!
This after the greatest Wall Street scandal in history.
Yep. No "Wall Street" crooks in the doc. Just one pretender from Ocala, FL.
http://www.justice.gov/opa/pr/2011/June/11-crm-862.html
How much like Taylor, Bean is (or was) Wells Fargo? We've been told, actually, by former mortgage brokers in and out of that company.
#1 Posted by Edward Ericson Jr., CJR on Thu 11 Oct 2012 at 12:35 PM
Finally, Wells Fargo's reckless lending practices draws Fed's attention. There is nothing CIVIL about Wells Fargo's willful intent to originate those toxic mortgage loans. It's CRIMINAL.
$243,000 underwater as soon as we signed Wells Fargo's loan contract before the ink dried.
Attorney General suspended Wells Fargo hand-picked appraiser’s license for committing appraisal fraud on our home.
Wells Fargo admitted that the mortgage loan shouldn’t be originated in the first place and promised to buy back its fraudulent loan in 2006.
In 2010, despite our repeated plea and total cash payments of $350,000, Wells Fargo still chose to wrongfully foreclose our home.
I confronted Wells Fargo CEO in person last year, asked him not to steal our home. He had policemen arrested me instead. www.wellsfargomortgagefraud.com
#2 Posted by Donna, CJR on Thu 11 Oct 2012 at 02:39 PM
"We did them a favor. ... We were asked to do this [by the federal govt]." -Jamie Dimon, to RT
"JP Morgan CEO Jamie Dimon said the bank did the Federal Reserve a 'favor' by acquiring Bear Stearns in 2008 and that the bank has lost up to 10 billion dollars related to its acquisition through litigation, write downs, etc. ... Dimon said JP Morgan Chase was asked by the government to buy Bear Stearns 'at great risk to ourselves.' ... Dimon said the 10 billion dollars in Bear-related losses can be put in the 'unfair category,' adding that he 'thinks the government should think twice before they punish businesses every single time something goes wrong.'" -RT's Capital Account
Or, maybe the "private bankers" shouldn't be the only defendants here.
#3 Posted by Dan A., CJR on Fri 12 Oct 2012 at 03:02 PM
Yes, JP Morgan Chase was asked to buy Bear Stearns, and a little while later, Bank of America had to absorb Merrill (I forgot who received Morgan-Stanley). Since then, there's been TARP and I don't recall what else all given to JP Morgan, B of A etc. as (effectively) concessions in return for doing what was in their own best interest anyway, which was helping the U.S. government shore up the banking and financial system from collapse!
Corporate status, usually C-corporations, seem to be enabling the best of both worlds now. No, that isn't quite correct, as the benefits don't trickle down to shareholders (in the case of public corporations). Instead, the individuals who run large financial services C-corp's are protected from the liability and consequences of their actions when negative, yet as individuals, reap out-sized financial rewards during good times.
C-corporations have existed for decades in the U.S.A. Why is this happening now, I wonder? It didn't in the past, not at such scale.
#4 Posted by Ellie Kesselman, CJR on Sat 13 Oct 2012 at 08:03 AM