Boy, the Obama administration’s slapdash PR effort to show it’s cracking down on financial fraud sure looks to be failing—and getting some serious blowback.
Jesse Eisinger has a column in today’s New York Times noting that the feds’ insider-trading investigation, while important, misses the bigger issue: prosecuting those who caused the crisis.
The New York Times’s Andrew Ross Sorkin called out Eric Holder’s Justice Department on Monday, noting that the 343 criminal defendants it said it’s prosecuting in a sweep it lamely calls Operation Broken Trust are small fry. No executive from the major corporations (like, oh, AIG, Lehman Brothers, Washington Mutual, Countrywide, Ameriquest, etc.) has yet been charged.
Sorkin suggested that Operation Broken Trust (that name’s so awful I just have to repeat it) was at least partially smoke and mirrors:
Mr. Chen went so far as to suggest that the number of cases Mr. Holder cited as evidence of the department’s crackdown were somewhat fictional.
“It’s hard to believe that they built up all these cases in the past four months,” since the task force was created, Mr. Chen said, suggesting it was more likely that Mr. Holder counted every case that had anything to do with financial fraud and put them all under the Operation Broken Trust umbrella.
The Times’s Edward Wyatt, a few hours before Sorkin’s column came out, made that point more clearly in a news story:
But the effort was also something less than it appears. Some of the cases were initiated before the Obama administration took office. Others got under way before President Obama created the appointment of the Financial Fraud Enforcement Task Force in November 2009, and many of them were well on their way to completion by the time the task force began its crackdown on Aug. 16.
The statistical rendering of the operation also includes considerable overlap of criminal and civil cases, which results in double-counting of many of the defendants, losses and victims.
That’s just terrific spot-news reporting.
But it gets even better (and by better, I mean worse—that’s sort of a newsman’s tic) than that. Bloomberg’s Jonathan Weil comes along today with an outstanding column further proving that the feds are full of it.
First, here’s some background on what the attorney general claimed:
Holder said the sweep by President Barack Obama’s Financial Fraud Enforcement Task Force began Aug. 16 and resulted in 231 cases against 343 criminal defendants as of Dec. 1. All told there were 64 arrests, 158 indictments or complaints, 104 convictions and 87 sentencings, according to the Justice Department’s tally. Holder also credited the operation with 60 civil suits against 189 defendants.
And here’s Weil’s explanation for what they really are:
The statistics looked squirrely on their face. Some of these cases began years ago, long before the multiagency task force was formed. It’s obvious what the prosecutors did here, too. First they tracked down every small-fry Ponzi scheme, affinity fraud and penny-stock pump-and-dump they could find that had advanced through the courts since mid-August. Then they totaled them up and called it a sweep, lumping together cases that had nothing to do with each other.
Ouch. But it gets worse. Weil burned some shoe leather, asking the Justice Department for a list of the cases, and checked out the first twenty on the list. Uh oh:
For instance, the list said a fellow named Lorenzo Altadonna had been convicted in the Western District of New York on Oct. 27. Actually, he was sentenced to three years probation on Aug. 5, court records show. That was 11 days before Operation Broken Trust began, which means the task force shouldn’t have counted him in its results, even by its own loopy methodology. Finelli said Altadonna was included mistakenly.
The first page of the list also showed a Nov. 8 federal conviction in New Jersey of a man whom I won’t name here. There was no record for him on Pacer, which is the government’s online database of federal court proceedings. But I did find an Oct. 13 article in the Daily Record of Parsippany, New Jersey, about a fraud at an insurance agency where a person with the same name had worked. The article said he had not been charged criminally. Finelli declined to comment on why he was included in the task force’s list of defendants.
Two others were included because they were sentenced in the last few months, even though they were found or pled guilty last year. And those are just in the first twenty names out of 343. In other words, the Obama administration is lying about its crackdown.
Weil concludes thusly:
By all outward appearances, it seems the Justice Department either doesn’t want to prosecute systemically important frauds, or doesn’t know how. Or maybe it’s both.
It wasn’t always this way. More than a thousand felony convictions followed the savings-and-loan scandal of the 1980s and early 1990s. Some of the biggest kingpins, such as Charles Keating of Lincoln Savings & Loan, went to jail. With this latest financial crisis, there’s been no such accountability.
Operation Broken Trust may be a fitting name. Unfortunately it’s for all the wrong reasons. The public already knows not to trust the government. Flimflam P.R. stunts such as this one at least offer us a useful reminder of why.
Beautiful.
I suppose if there’s one good thing that comes out of this headslapper, it’s that maybe the Obama administration’s laughable attempt to show it’s tough on financial fraud will cause enough of a backlash in the press that it forces them to actually do something about the people who took down the financial system in order to make tens or hundreds of millions of dollars.
Wyatt’s and Weil’s work is a great start. And there’s room for a more comprehensive analysis of the Justice Department’s claims. Keep the drums a-pounding.
— Further Reading:
Andrew Ross Sorkin: Fraud Triggered the Financial Crisis. A more important statement than you might think from the NYT’s Wall Street guy.
The NYT Shows Why Cuomo’s After Rattner. Emails show ex-private-equity investor and car czar misled investigators early in the probe, but where are the feds?
Audit Notes: Where Are the Coppers?, Obama and FDR, WSJ.
Oh, you nattering naysayers of the Professional Left! Why can't you just be quiet, and root, root, root for the home team???
#1 Posted by oboe, CJR on Thu 9 Dec 2010 at 11:38 AM
I thought Ashcroft was the worst AG ever, until Gonzales came along. Then I thought Gonzales was the worst AG ever, until Holder came along. There are still way too many loyal busies in the Justice Department--and the loyal Obamaists are not much better.
#2 Posted by tom, CJR on Thu 9 Dec 2010 at 11:58 AM
My impression is that the Bush administration was actively looting and destroying the country, while a lot of the Obama administratin is just fiddling while it burns.
#3 Posted by jt10000, CJR on Thu 9 Dec 2010 at 12:06 PM
Excellent reporting, indeed. But...
Going after proprietors is hardly better than trying to plug a dam with Swiss cheese. (Which is exactly what Holder et al. appear to be doing.)
The alleged fraudsters could not get away with the alleged fraud if the Feds did not run a CORPORATE WELFARE SYSTEM designed to enrich the central state's central-planners and their "private" sector cronies.
Nothing new under the sun here. It's the Hamiltonian/Keynesian/corporatist systems of credit-creation, protectionism, price-fixing, regulation, and general central-planning that naturally foster and encourage the debauchery and malfeasance. (In a truly free market, the signals for and against investments are based on real data and individual needs, not the arrogant fiat of central planners.)
But the Feds will not weaken nor punish themselves. News media must air the root-level discussions on intervention, central planning, liberty, etc. Journalists should expose the central state and its systems to hard and honest scrutiny. Give inches to sources (analysts, experts, intellectuals, historical records, Regular Jane & Joe) that challenge the logic, morality and legality of central-govt interventions. This is what a brave, free, independent, ethical, root-striking press would do.
#4 Posted by Dan A., CJR on Thu 9 Dec 2010 at 02:53 PM
Holder proved his bona fides as the enabler of the Marc Rich Pardon. I voted for Obama, but never will again.
#5 Posted by Mike Robbins, CJR on Fri 10 Dec 2010 at 03:12 PM
This task force isn't really very different from the "Corporate Fraud Task Force," which preceded it. http://blogs.citypaper.com/index.php/2010/12/operation-broken-trust/
Horn-blowing press conferences announcing dubious "sweeps" are not an Eric Holder invention. It's good someone else noticed the bogusness though.
#6 Posted by edward ericson jr., CJR on Fri 10 Dec 2010 at 04:17 PM
So when he put together his cabinet, Obama apparently adopted the "If-you-think-I'm-bad-wait-until-you-see-my-assistants" posture. I'd say Holder ought to resign now, but who knows how much worse his replacement would be.
Venal or inept? I really don't know any more.
#7 Posted by Dave in Northridge, CJR on Sat 11 Dec 2010 at 10:55 AM
@Ryan,
You make a lot of unsubstantiated accusations here, and in your other piece about Andrew Ross Sorkin's accusations (linked in your piece). Now, Sorkin is prone to making wild, unsubstantiated statements so I don't pay much attention to the Times Wunderkind. He, and now other journos, are alleging fraud among the top management of the big name financials without any evidence or specifics, and you wrote a couple of approving pieces about that.
I don't mean to defend either Holder or the Wall Street people, but it was my understanding that, with respect to the people at the very top, what they did was legal, or at least not in violation of law. Yes, terrible, destructive, reprehensible, indefensible, but not illegal. Like Al Capone and his tax case.
You know the Wall Street beat inside and out (and I have a lot more respect for your work than Sorkin's). What, exactly, are the crimes -- the actual crimes -- that we are talking about? You and Sorkin say fraud; is that just a wild, non-specific theory, or is there specific evidence of illegality? Did some of them actually commit fraud? Could the elements of the crime be proven in a court of law?
Might it take a lot more time in investigating "fraud" at the very top of an organization like Goldman Sachs than it would with smaller fry? After all, to charge the CEO of a major international company like Goldman, the Justice Department had better have all their ducks in a row, or risk a complete collapse of credibility, exorciation in the press by journos like you, major lawsuits; the repercussions are enormous if they brought criminal charges prematurely. And it could take years of investigation for something like that.
You say:
The New York Times’s Andrew Ross Sorkin called out Eric Holder’s Justice Department on Monday, noting that the 343 criminal defendants it said it’s prosecuting in a sweep it lamely calls Operation Broken Trust are small fry. No executive from the major corporations (like, oh, AIG, Lehman Brothers, Washington Mutual, Countrywide, Ameriquest, etc.) has yet been charged.
Actually, I think Angelo Mozilo has been charged with something, but whatever. Exactly what violations of the law -- specific law, specific crime, please -- is the Holder Justice Department neglecting to charge them with?
Just what are you trying to do here? I don't think your derisive jeering is all that helpful, and only serves to undermine confidence in our Justice system. If that's what your aim is, please make the case that Holder is being negligent in the investigations without resorting to non-specific smear and innuendo. Tell us exactly who among your list of criminal financial firms committed fraud, and how they did that by outlining the actual elements of the crime as it applies to their actions.
#8 Posted by James, CJR on Mon 13 Dec 2010 at 07:18 AM
James,
I don't really know where to begin there. Mozilo, for one. No he hasn't been charged. He settled with the SEC (which can't press criminal charges) for a small fraction of what he reaped during the bubble. No criminal charges. Lehman, Ameriquest, WaMu, Merrill, et al. no criminal charges. Bear Stearns had two execs tried, but incompetently.
Go read some Bill Black. http://www.cjr.org/the_audit/bill_black_media_critic.php
#9 Posted by Ryan Chittum, CJR on Tue 14 Dec 2010 at 12:01 AM
@Ryan,
Thanks for responding; I really appreciate it. Thanks for the correction on Mozilo and the link to the Bill Black piece.
I'm certainly not trying to defend Holder. I'm just observing that investigations in to the bigfoots are likely to take much more time than the small fry, and the DoJ is not likely to publicize fraud investigations of that magnitude before they are ripe. I'm just saying that you may be overselling your theory when you call it a "stunt."
I'd love it if they put *all* these guys in prison. But it was my understanding that, as egregious as their practices were, what they did was actually *legal.* I think I got that from the NYT (maybe Leonhardt?) back when the story first broke. Obviously, I'm not knowledgeable about the legalities of this kind of financial flim-flammery.
I HOPE that some part of what they did turns out to be illegal. Is having a "crooked heart" illegal?
Trying to sort through the sensational headlines over time leaves a reader with mistaken impressions. (My impression of "ANGELO MOZILO WAS CHARGED WITH SECURITIES FRAUD" left me with the mistaken idea that he was actually charged with fraud.) See, that's what happens when a journo uses inflammatory headlines. Which is why I often criticize journos for over-the-top, unsupported headlines like "Financial Fraud Stunt Backfires."
Most of us are pretty low-information when it comes to the high-flying financial world. Which is why I follow your work. Which is why I hold you to a high standard. Which is why it is disappointing when you uncritically quote someone like Andrew Ross Sorkin. And engage in inflammatory and unsupported headline mongering.
Cheers.
#10 Posted by James, CJR on Tue 14 Dec 2010 at 09:15 AM
I didn't want to say anything until Ryan got his crack but yeah, during the credit bubble there was rampant fraud everywhere. This was what the FBI warned the public about in 2004:
http://www.pbs.org/moyers/journal/04032009/watch.html
This was what Eliot Spitzer and other state attorneys tried to police during the naughts.
This is the heart of the ratings agency scandals as these bastards sold investments as AAA to pensions which their own documents and CDS positions show they knew to be crap.
This was the situation at the mortgage brokerages which stuck the people they were supposed to represent with subprime loans (when they qualified for prime) and ARM terms (when they were told they had fixed rate) and then collected fees when the house came burning down and their client needed a credit adjustment. These brokerages were aligned with the wall street banks who shoveled good investor money after bad into these fraudulent organizations knowingly, sometimes even acquiring a couple on the way so that they could book the fraudulent profits without paying a fraudulent middle man.
http://www.publicintegrity.org/investigations/economic_meltdown/articles/entry/1286/
What has been going on in the markets has been comparable (on a much smaller scale) to what happened with Bernie Madoff where the evidence for fraud was shoved in the SEC's face for a decade and they did nothing. Edward Gramlich begged Greenspan to enforce the law on subprime as underwriting standards fell and the fraud bubbled, but he did nothing (He recommended ARMs for gods sake).
But that was then, under Bush and Clinton. Under Obama there was supposed to be a changing of guard, not a return of Larry Goddamned "Reverse Midas Touch" Summers.
During the Bush years the FBI, SEC, FED, OCC, all of the regulatory agencies were pulled off the banks and neutralized.
Which is why the banks were allowed to stop doing the expensive paper work which documents who owns a house and who owns the debt for that house (the note). Which is why now banks are using perjured documents to claim the right to foreclose on properties so that they can shut down these investment vehicles which shareholders were fraudulently sold.
During the Obama years, the banks which should be unwound, shut down, and prosecuted are being coddled while they de-leverage at the cost of the greater economy.
It's the leverage situation which should have been illegal, but was made legal. Banks did not maintain their previous capital requirements and did not maintain walls between their investment business and their products business, allowing them to shave profits off of one's activities (products) from positions in the other (eg. front running). These kinds of activities used to be illegal, but the rewriting of new deal laws allowed those laws to be innovated away and allowed a new shadow banking system to arise.
But that didn't allow banks to lie to their clients, be they investors or borrowers. Misrepresenting information on legal documents, failure to maintain legal documents, claiming something your selling is something that you know it isn't, those are crimes and require prosecution - for the purpose of discovery at the very least.
Unfortunately, the only organizations providing discovery are ProPublica, the Center for Public Integrity, wikileaks, and some really great reporters who are unfortunately exceptions, not the rule.
The guys who should be doing discovery are guys like William Black, Elizabeth Warren, Eric Holder, people whom the government can empower to prosecute.
But, as Dick Durbin lamented, "the banks own the place."
So it is up to the people to persevere. A tough battle, fighting for the soul of gove
#11 Posted by Thimbles, CJR on Tue 14 Dec 2010 at 03:15 PM
On another note, hey Ryan? I've noticed that comments on old stories don't flash up on the "Recent Comments" box. Is that a spam control measure? I mention because it makes commenter updates on old stories hard to notice.
There's an interesting story, for instance, on David Stern's foreclosure mill's activities in Palm Beach:
http://www.palmbeachpost.com/money/real-estate/foreclosed-homes-hit-auctions-with-no-legal-representation-1112908.html
but there's not much point if the story is just going to gather intercobwebs in the dusty archives.
What's the story?
#12 Posted by Thimbles, CJR on Tue 14 Dec 2010 at 03:24 PM