In September I stuck up a post about Lanny Breuer (asst. AG) in a speech telling the NYC Bar Association that deferred prosecutions are the way to go because they increase corporate accountability. Seriously. The video of his speech is either truly creepy or hilarious, depending on your mood (my bolds throughout).
To be clear, the decision of whether to indict a corporation, defer prosecution, or decline altogether is not one that I, or anyone in the Criminal Division, take lightly. We are frequently on the receiving end of presentations from defense counsel, CEOs, and economists who argue that the collateral consequences of an indictment would be devastating for their client. In my conference room, over the years, I have heard sober predictions that a company or bank might fail if we indict, that innocent employees could lose their jobs, that entire industries may be affected, and even that global markets will feel the effects. Sometimes – though, let me stress, not always – these presentations are compelling.
So … let’s see; sober people (by which we can assume he means ‘serious’ people) have convinced the Justice Department that putting some asshole criminal bankers in prison would topple the financial system and cause global markets to shudder and shiver, O MY!
We’ve just learned that the DoJ decided that secretly laundering hundreds of millions of drug cartel money through their banks globally will cost HSBC…$1.92 billion in a settlement that includes…no criminal prosecutions. But, oh, my stars, the folks at HSBC promise never to do such careless stuff again! Neil Barofsky says that there were also hundreds of millions of more dollars of illegally disguised transactions with ‘rogue’ nations such as Iran and Sudan.
Listen to Jeffrey Robinson, author of The Laundrymen, then wait for the other shoe that…didn’t drop. (video: h/t: Howie Klein)
Neil Barofsky calls the story ‘Too Big to Jail’, and our banking systems’s latest disgrace, but of course, the real disgrace is the DOJ’s giving the sixth largest multinational company a Stay Out of Jail Free card.
Still, knowing who some of the recipients of the cleaned cash were,, and which banking officials had instructed the miscreants on how to hide pertinent information in the wire transfers in order to avoid prosecutions for trading with nations under US sanctions, I grew curious about there being even more to this story, and started poking around, and then a lightbulb went off in my head:
Who is the Most Impeccable Spelunker of Facts contained in reports whose perusal would make our eyes cross at first glance? Yes, Emptywheel. And yeppers, yesterday she wrote ‘Lanny Breuer Covers Up Material Support for Terrorism’.
Digging into the Permanent Subcommittee on Investigations report on on HSBC’s Bank Secrecy Act and money laundering violations, she found they pertained to:
Money laundering for Mexican cartels; Helping banks evade sanctions; Processing masses of travelers checks from Hokoriku bank in Japan which had suspicious ties to Russian “businessmen”; and Maintaining correspondent accounts with banks that had ties to terrorism, most notably the Al Rajhi bank:
One of the things, according to Carl Levin, that HSBC did was help banks involved in terrorist financing get US dollars (that section takes up 53 pages of a 340 page report). And yet, Breuer’s speech did not once mention the word terrorism. The US Attorney’s release used the word “terror” once, though not in conjunction with HSBC. And the Statement of Facts mentions terrorism in conjunction with a description of the laws HSBC violated and in this one paragraph.
In addition to the cooperative steps listed above, HSBC Bank USA has assisted the Government in investigations of certain individuals suspected of money laundering and terrorist financing.
In short, Lanny Breuer and his prosecutors did not mention that this bank they were letting off without prosecution provided a terrorist-connected bank with US dollars for years.
Rather than prosecute HSBC for helping a bank with ties to al Qaeda get US dollars that might be more easily used in terrorist attacks, Lanny Breuer is slapping them on the wrist and pretending the terrorist financing aspect of HSBC’s violations doesn’t even exist.
Do read what she found on: HSBC, the US-dollar cow for a terrorist-linked Saudi bank Al Rajhi. The hypocrisy is stunning in many ways, including the fact that:
HSBC had ties to a crime that DOJ currently has someone sitting in prison for, and is still pursuing at the appellate level. Yet not only didn’t DOJ indict HSBC for that crime, but they don’t even think HSBC’s role in it is worth a mention. (Pete Seda), although EW says he’s sitting in a Colorado jail)
This, as so many stories in this country these days, is not just two-tiered justice. It’s NO JUSTICE for elites who are too well-connected to jail, and banks that are thought to be so systemically important that jailing some of the criminals would be undesirable.
Yep; it’s gonna be a long four years while Obomba’s DOJ lets massive corporate crime ride, and prosecutes…people for state-legalized marijuana offenses, whistle-blowers, and protesters.
(Masaccio has a great piece up about all this, too. Marcy’s information was just one notch deeper, so I decided to post it; it needs to get out abroad, imo.)
Yeah, well they’ve got the power and money (for now); they can buy Congress, the tax code, judges, Justices, but at least…we’ve got Boots to do some dreamin’ for us.



39 Comments

Justice has bid us farewell. It’s gone. It passed Pioneer 10 like it was standing still and is heading for a black hole out in deep space somewhere.
I love your diaries, thank you, wendydavis.
Recc’d.
The hardest part of watching the video with Jeffrey Robinson was listening to the interviewer continue to come up with “buts” for poor HSBC. But but but they’re sorry and they’ll never do it again, especially now that they know they’re being watched. (And this is on Aljazeera; I can’t begin to imagine the excuses being made on CNBC.)
You can do the crime and not worry about doing the time – unless, of course, you’re small time (Fat Cats and Bigga Fish from all the way back in 1994).
Whenever lawbreakers hold hostage the criminal justice system it’s coercion inversion. The financialization of our economy, begun in the 1970′s, has evidently overwhelmed every institution, and worse, corrupted many of them. A sure sign of apathy or despair is that no one threw shoes at Lanny Breurer.
Here’s the punchline; to the layperson the fine looks enormous, but its actually two months profit for HSBC. The money will come from stockholders, not executives, and the Fed will lend it to HSBC at 0% intrest.
Forward!
Banksters and the rest of the looter class own the US government. Recommended.
And I, yours, Isaiah. The Black Hole of Justice; great imagery.
Thank you for reading and seeing what it means.
Exactly, but otoh, she gave him all those chances to yell ‘bullshit’; he done good, no?
I remember that one; I’ll add ‘the big ones get away‘. We’re getting so used to this shit that some days it’s hard to even be pissed off.
Hey don’t the wars come easy
Hey don’t the peace come hard
That was a great video. She kinda fell off my radar screen and I thank you for putting her back on there.
Coercion inversion: that’s a new term for me, AitchD; nice. Shoes? How about some rocket launcher action? But then, it was some NYC lawyers he was talking to… ;~) (Apologies to the good guy lawyers here…)
Thanks, Bill Purdue. We need to take it back soon. People are dying from their ownership. That can’t stand.
Yeah, a drop in the bucket in any event, blueokie. Barofsky said a week or two’s profit. Wiki says their ‘assets’ are almost $3 trillion, like that slap hit them hard. Arrgh. Standard Chartered got away for $325 million or so…
I’m guessing Barofsky didn’t help his chances to become Treasury Secretary, eh?
And nothing about the banks funding terrorist organizations except deep in the small print. Cripes. (thanks, Marcy Wheeler, by the way)
But at least our government has Bradley Manning safely imprisoned, and now we know they tortured him for his ‘odd behaviors’.
And DHS is quietly ‘equipping’ city buses in several cities with surveillance cameras and microphones to pick up any anti-government chatter, accessible remotely.
Is there a new term we might use a few notches past ‘Orwellian’? ‘Big Brother’?
Eric got it right, there’s no new or better term, and his Politics And The English Language would lead me to believe that the president will soon appoint a Free Will Czar.
Any diary entry with that Coup video deserves a rec.
Thank you for again sending me to do lots of educational linkreading, wendy. I’m still mulling over the nonprosecution arguments as they would apply, say, to – well, I don’t know, how about anybody currently serving any sentence? Gosh, we could turn those prisons into homeless housing or tuitionless colleges or foreign embassies, hotels for the rich and famous, potato farms, granaries…win/win!
Of course, when your administration is doing things like declaring it/he/somebody will prevent the further offshoring of jobs whilst cracking down on countries like lil’ ol’ Vietnam through the TPP to get them in line to be the next big offshoree — well, you can’t blame the DoJ for getting a tad confused.
That must be it. It’s not wag the dog; it’s dog bites own tail.
Well, shoot, HiDef; you know I can’t read all that now, as tantalizing as it looks at first glance.
Once ‘He’ appoints the Free Will Czar, he will likely ask his good buddy Bono to write ‘Tie a Yellow Ribbon ‘Round the Liberty Tree’ song, eh?
It certainly seems a goofy reason to rec a diary, Barbarian; but…did you rec the last one on which I featured it? ;o)
Got-dang infuriating is what it is, wendydavis.
Don’t you know that the Dems and “progressive” organizations would be raising holy hell if it was Romney’s DOJ doing shit like this?
The corollary to Obama’s “Too Big To Fail, Too Big To Jail” system of justice is “The Smaller The Are, The Harder They fall”.
Just think of deferred prosecutions as ‘We can protect yer asses if you can convince us (with money and love) that yer so systemically important that we can successfully make that case to the gullible public’. Then think of the similar argument used to convince Congress to bail out the Big Banks (never mind what the Fed did covertly to ‘help’ stem the meltdown).
I’m starting to agree with the folks who say that this is all part of The Plan, as confused as it sometimes is, and as many Plans that seem in conflict, from The Family to the Hamilton Project (more on that another day), and the Greater Vampire Squid.
But sleep well tonight, sweetie, and go outside for a few minutes and look to the northeast. Orion is up, and Auriga (big pentagon north of it). The two stars together-ish that are a bit dimmer than Jupiter (planets don’t sparkle, remember) are Castor and Pollux, the twins of Gemini. Tonight is the Geminid meteor shower, close to as many meteors as the Perseids in August. Should be nice if you can avoid being blown over by the fierce north winds.
love you,
wd
I might have missed it. Sorry. I don’t log on every night. After staring at a computer all day at work, sometimes I need a break. Ah, no I didn’t. DIE did, even if she didn’t comment, so I’m told.
I like the “too big to jail” remark. And there can be no justice when those who are supposed to provide justice can be bought, or at least ordered to be silent. But that’s just corporatism at work.
I was of course spoofing you a bit, but I’d given you the link last time you’d mention it on a post of mine, just in the name of verisimilitude…and a bit of fun.
The Too Big to Fail banks (bigger and more exposed than in 2008, of course) have been called ‘Too Big *Not* to Save’ as well (Simon Johnson, for one. The Living Wills they were ordered to produce seem to be wholly silly, but I guess that’s no surprise.
This President has been wholly captured by the MICC/newsotainment Complex and multinational profiteers that it’s almost breathtaking. And yes, the nature of capitalism may lead there, but it didn’t have to get this bought and sold so quickly, I think.
Hope your work is going well; I know that much computer work must be draining, not to mention hard on your eyes.
Ah, jeez, timesthree. Your ‘smaller they are’ corollary makes me see the very slight and small Bradley Manning, now fighting for his life and freedom against a machine that is now fully prepared to eat him (and those dissidents like him) for dinner. That they enjoy it so is hard to comprehend for a person of conscience and goodwill who knows how different this nation could be were these folks not at the helm. For now.
Yes, I absolutely know that Democrats hair would be on fire were this being done under Romney. That so many can’t afford to make that shift from electing Obomba as either a measure of hope, or as the anti-McCain/Palin, but giving a Dem a chance, then adjusting to what he’s done in office…is a hard thing for me to grasp.
Had the same thought, along with Leonard Peltier spending 37 years in prison for a “crime” even the guv admits that it can’t really prove his guilt. Barry’s DOJ could break a crowbar.
Argh; that case has gotten a bit more complicated, sadly, but…I still don’t think he killed any Fibbies, and he should not die in prison. If he did, it was self-defense, imo. But someone had to pay for the crime, and Peltier admits he was there, and so, he’s it. The story about Anna Mae Aquash’s murder has gotten murky as well.
But tomorrow night there’s a big benefit concert for him in NYC; imagine being able to go! ;o) I once got a letter from Hillary explaining why Bill wouldn’t pardon him; should have kept that sucker.
Matt Taibbi was on with Amy Goodman yesterday speaking about this settlement. This stood out:
@ blueokie: Amy had Peter Coyote on speaking about this current drive to secure Peltier clemency for Christmas. Mr. wd said Coyote isn’t very accurate about the history.
I hope you did see them, wendy, ’cause my nighttime habits have caused me to miss that and now the weather’s socked in and we are getting rain. [No worries, we badly need the moisture.] I’ll remember next year!
I do think it is fitting that on this Very Special Day good David Dayen has homed in on a very important aspect of your diary as per Taibbi as well, bravo to him, and it was the first thing I saw as I came on here. This story is hugely important – as you comment, I remember thinking ‘good cop bad cop!’ when the Republicans were actually resisting the bank bailouts. I’ve never let go that concept since, as it seemed so blatantly kabuki.
Anyway, kudos to all of you good persons – even if we cannot make the needed changes to the way things are, we can chronicle and warn – iceberg ahead!
(My meteors have the sense to display themselves when nights are less frigid. Hope your blizzard is festive!)
The R’s were right, of course, but it’s hard to say if it were ideological or not; most don’t really believe in market solutions, but ratcheting wealth upwards thru tax policy, free trade, etc. Some may actually have believe that they should fall. What will be the next Bear Sterns?
I only scanned DD’s new piece, but I still think the other major part of the story not being told is what Emptywheel found in terms of the Saudi banks and funding terrorists. (Seems like way too much work to stick any of it into a thread now…)
But yeppers; I saw a total of one meteor, and Mr. wd saw one, before the north wind froze us. It’s snowing here, and any moisture is great (may the mountains end up with a bit of a snowpack). the wind was so fierce this a.m that it blew two 4-point deer antlers of a little leather-strung sculpture I’d made of 18 or so of them in increasing size and hung on a wall of the porch. High.winds.
But now it’s lightly snowing softly, and the bucks in rut are chasing the does around like an average day. Life goes on, they say, as does reproduction, god willing. ;o)
Yep, it’s a special day, and thank you, my friend. Even my father-in-law called and sang to me. ;o)
Oh; and thank you for left-paging this, mods. The story needs to be told.
Just for the record on this dead thread, Taibbi made a bit of a point of saying that Justice really, really, really believes that prosecution of the crimes would lead to some cascade meltdown. He’s far too credulous, imo. They ALL know that the big banks are still 2big2not bailout even though next time it will be a more stealth effort, like that other 7 trillion or whatever it was.
I vote hilarious. The corruption is so flagrant there is nothing to do but laugh. You really have to maintain a sense of humor to deal with the fundamental psychosis of rich people claiming that imprisoning poor people is the answer to our country’s problems.
Thainks, Wendy. I didn’t know that HSBC’s crimes were this egregious. But they are Big People. Remember, if you’re Little People, you can be thrown in prison for “material support” of terrorism if you provide advice to terrorist groups on achieving their goals through nonviolent means.
Falling short of applying the rule of law to everyone is one thing. Making it an official policy to not even try is quite another.
There is no such thing as justice, only power and coercion.
I laughed, too, washunate. Some days it’s all that’s left, and if we despair for long, it weakens us. This stuff cannot stand.
I may have mentioned ‘in-kind’ support (I forget), and the folks supporting conflict resolution training in Egypt and got busted, were some of those I was thinking of.
It’s great Emptywheel did the digging once again, eh, vagreen? Next up may be Feinstein’s amendment to the new NDAA; it may make it more dangerous for Americans, apparently.
I’ve been wondering, since we’re so used to using the term ‘two-tiered justice’, if there might not be a word for no-justice, a few steps beyond that.
Yes, sad to say, wendy, the teeth have really gone out of the opposition since they were so mealymouthed come election time, I have to say. I even can’t listen to Noam Chomsky these days. It’s going to be a long hard road for them to have credibility as more than trees bending in the wind to indicate which way it is blowing now. Even Michael Moore.
This can be a good thing, though, because we need to be thinking for ourselves and not depending on those who have the public platform. And there are plenty of heroes among us (not pointing any fingers.)
Thanks for this. I should have a lot to say about it, and probably will, but it all boils down to this: What a bunch of crooks.
Heh. I looked around my help files to see if I could find my login and password for Disqus precisely because I want to weigh in on Chomsky’s piece at Truthout. This cycle so many we looked to as militantly radical
purveyors of truth and hope…fell off the pedestals we’d put them on, eh?
You’re right, though; those of us who still aspire to a sustainable and just society for all will simply need to up our games as far as reason, inclusiveness, and invoke the higher consciousness that will spread the understanding that we, and the planet…are worth fighting for. (Heh; Buffy’s ‘Universal Soldier’ just came on my RealPlayer…
The precision of your messages never fail to impress me and make me smile, juliania. I’ve come to count on that. ;o)
Short, sweet, and on target, normanb. ;~)
On edit, after musing: ‘if you added in ‘insanely hypocritical’.
Perhaps someone with legal background can answer whether we (citizens) can bring criminal charges against U.S. government officials for neglecting their duties and aiding and abating crimes. Basically, this is what Lanny Breuer and other SOBs at DOJ are doing: aiding, abating, covering, protecting and perpetuating criminal bankers.
When the President does something wrong, at least we have a symbolic phony procedure, mostly for show, called “impeachment” for which he may be tried but his ass is never thrown in the jail.
There should be something citizens must be able to do (other than clobbering them with baseball bats) legally for aiding criminal bankers all the way from housing /foreclosure frauds to money laundering for drug dealers and terrorists.