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Why isn't this man in jail? (Original Post) Scuba Apr 2015 OP
Simple really, as an oligarch, he has friends in lower places. HereSince1628 Apr 2015 #1
True, and they are called "Middle Managers" or "Employees" ... 1StrongBlackMan Apr 2015 #5
For better or worse? fasttense Apr 2015 #12
All true; but, the point I am making is ... 1StrongBlackMan Apr 2015 #32
''Senator''... and ''Mr. President,'' too. Octafish Apr 2015 #26
Friends called "Senator" and "Mr. President", still ... 1StrongBlackMan Apr 2015 #33
It is a shame, since all the evidence is right there for all to see. Rex Apr 2015 #52
True. Except that a conspiracy allegation does not have to be based on actual verbal JDPriestly Apr 2015 #67
Not true ... 1StrongBlackMan Apr 2015 #68
Not hard to prove when they are buying and selling the same instruments and carrying on JDPriestly Apr 2015 #102
What is pathetic is pretending that bringing something like this to court Rex Apr 2015 #107
It took many lost tobacco cases to finally win a verdict and then another and another. JDPriestly Apr 2015 #113
Yes well nobody is to remember big tobacco, we are all supposed to roll over Rex Apr 2015 #125
Not really a conspiracy since they didn't cover up anything. Rex Apr 2015 #85
Is covering up an element of a conspiracy claim or charge? JDPriestly Apr 2015 #114
I just don't see where they tried to hide anything, all the robosigning Rex Apr 2015 #126
True they are called politicians and lobbyists. Rex Apr 2015 #11
Yes. Pretty much everything is for sale, even freedom from justice HereSince1628 Apr 2015 #17
And since the PTB made sure we can't go after the CEOs of the companies that cause the crime Rex Apr 2015 #50
No, our legal system does not ... 1StrongBlackMan Apr 2015 #34
If only that was the reason, nice try! Rex Apr 2015 #51
No ... 1StrongBlackMan Apr 2015 #57
Good read of the law, as it exists. jaysunb Apr 2015 #89
??? 1StrongBlackMan Apr 2015 #91
Maybe I should have said, good analysis of the existing laws. n/t jaysunb Apr 2015 #92
The president would have to find someone to fill out his foursome Doctor_J Apr 2015 #2
Kicking.........n/t Hotler Apr 2015 #3
And to add..... Hotler Apr 2015 #4
Bill Clinton did the same with Poppy Bush, but the repukes still came after Bill with everything Ghost in the Machine Apr 2015 #59
Oh you silly goose... zeemike Apr 2015 #6
Then who would manage the next Potus's investment portfolio nt One_Life_To_Give Apr 2015 #7
Ouch! 7962 Apr 2015 #28
Too big to Jail PeoViejo Apr 2015 #8
Why do we take this shite? Love me some Hightower! Dustlawyer Apr 2015 #9
Dustlawyer ... 1StrongBlackMan Apr 2015 #37
Fraud, but of course you knew that already! Rex Apr 2015 #53
In order to prove fraud ... 1StrongBlackMan Apr 2015 #55
yep it all boils down to lack of evidence steve2470 Apr 2015 #60
Absolutely correct ... 1StrongBlackMan Apr 2015 #62
. Rex Apr 2015 #105
I'm sure Jamie Dimon has covered his tracks really well steve2470 Apr 2015 #109
. Rex Apr 2015 #110
You'd have to go after somone close enough sulphurdunn Apr 2015 #61
I suspect that had been tried and failed ... 1StrongBlackMan Apr 2015 #63
I suspect you're right. sulphurdunn Apr 2015 #115
Reducing the size of banks would definitely increase the likelihood/possibiliy of 1StrongBlackMan Apr 2015 #117
You go through the documents and you find a pattern or practice within the organization. JDPriestly Apr 2015 #69
That only works on TV ... 1StrongBlackMan Apr 2015 #74
Were the ratings agencies part of the conspiracy? JDPriestly Apr 2015 #116
I would not say it that way ... 1StrongBlackMan Apr 2015 #119
Whether there were links is something for a jury to decide. JDPriestly Apr 2015 #120
Well ... Yes ... 1StrongBlackMan Apr 2015 #121
That's one view of it. But another is that the people at the top knew very well what was JDPriestly Apr 2015 #122
Most of what you said is true ... 1StrongBlackMan Apr 2015 #123
Exactly, funny how some just refuse to see it. Rex Apr 2015 #79
Are you a lawyer or a layperson? Caretha Apr 2015 #72
I practiced for 20+ years ... 1StrongBlackMan Apr 2015 #73
. Rex Apr 2015 #78
What do you find funny? 1StrongBlackMan Apr 2015 #80
You. Rex Apr 2015 #83
Do you doubt that I practiced law? n/t 1StrongBlackMan Apr 2015 #88
I doubt you love OWS very much. Rex Apr 2015 #93
The law is the law... 1StrongBlackMan Apr 2015 #95
Nonsense see post #69. Rex Apr 2015 #96
Has JD practiced a single moment in a court room? ... 1StrongBlackMan Apr 2015 #98
. Rex Apr 2015 #99
Okay. I'm done with you and this ... 1StrongBlackMan Apr 2015 #101
Sure sure. Rex Apr 2015 #104
Answer, a layperson. Rex Apr 2015 #84
Not my area, but I know for starters it would be Dustlawyer Apr 2015 #56
And how would you establish culpability? ... 1StrongBlackMan Apr 2015 #58
Assumptions on my part based on violations reported that JP paid hefty fines for. Dustlawyer Apr 2015 #77
Okay. n/t 1StrongBlackMan Apr 2015 #81
K&R. Overseas Apr 2015 #10
It might interfere with his meetings with Hillary and Obama. 99Forever Apr 2015 #13
Not enough room in jail, Scuba fadedrose Apr 2015 #14
There's another one in Florida who should be in jail for defrauding taxpayers for billions. Fuddnik Apr 2015 #15
K&R deutsey Apr 2015 #16
He's 'shining bright" RiverLover Apr 2015 #18
"Crimes provable sealed from the public eye" Sounds like Wisconsin Gov. John doe 2 case. midnight Apr 2015 #31
Because, he is not a Teacher or Whistle Blower bahrbearian Apr 2015 #19
Meanwhile, in Canadian airports... RufusTFirefly Apr 2015 #20
Want to know why he isn't in jail? Check out his cuff links. Autumn Apr 2015 #21
Why? DeSwiss Apr 2015 #22
Some still live in this strange delusional land of make believe. Rex Apr 2015 #54
Kicked and recommended a whole bunch! Enthusiast Apr 2015 #23
No DOJ IHateTheGOP Apr 2015 #24
... I thought it was going to be a thread on cleduc Apr 2015 #25
Money loves money and the upper echelons of the US are all about big money and RKP5637 Apr 2015 #27
He hasn't been charged. That is why he isn't in jail. Agnosticsherbet Apr 2015 #29
That proves in a way that corporations aren't people Dragonfli Apr 2015 #36
A corporation is a legal fictional being, or so says my understanding of the Surpeme Court Decisions Agnosticsherbet Apr 2015 #40
Bingo have a BINGO! ... n/t 1StrongBlackMan Apr 2015 #38
And he will never be charged, because the non-political elites control the political elites. Rex Apr 2015 #87
Which is why the Big Banks should have been allowed to fail. Joe Turner Apr 2015 #103
That's it right there! Excellent summary! Rex Apr 2015 #106
Banks need to be broken up so that a bank failing is not a bullet to the economy. Agnosticsherbet Apr 2015 #124
He is one of the lead architects to destroy the middle class. midnight Apr 2015 #30
He knows how to avoid jail after all he's "one of the smartest bankers we got"... PoliticAverse Apr 2015 #35
No need to jail him: snort Apr 2015 #39
Clintonistas jump to his defense, don't they? He's lined up for a cabinet post. Divernan Apr 2015 #41
In max, sharing a cell w/ Karl Rove. nt Zorra Apr 2015 #42
He is not in jail because he is not a teacher. Only teachers go to jail for racketeering mfcorey1 Apr 2015 #43
It's On Obama And Holder colsohlibgal Apr 2015 #44
The cash flow is still positive Warpy Apr 2015 #45
This fuckwit should be the second to be marched to the guillotine. hifiguy Apr 2015 #46
Big media darling ErikJ Apr 2015 #47
Because our punishment is to shove as much money down his throat as we can, and hope he chokes on it jtuck004 Apr 2015 #48
Jamie has needed to be put on trial, as do the rest of these big Wall Street people. PatrickforO Apr 2015 #49
Then, when confronted, he says, "Go ahead and fine us, we can afford it." Spitfire of ATJ Apr 2015 #64
$$$$$$$$$$$$$$$$ raven mad Apr 2015 #65
K&R. JDPriestly Apr 2015 #66
Dimon donates primarily to the Democratic Party. mia Apr 2015 #70
"... that which creates all things ..." Holy crap! He thinks he's God! Scuba Apr 2015 #76
You would too if you never had to worry about being held accountable for your crimes. Rex Apr 2015 #108
Sen. Elizabeth Warren(D) Vs. Lawbreaking Bankster Jamie Dimon RiverLover Apr 2015 #118
Because he might get shanked over his Presidential cuff links. OnyxCollie Apr 2015 #71
Pals around with the 1%, including most of our Democrats. In other words, "Too Big To Fail." Plus, I blkmusclmachine Apr 2015 #75
If we lived in a country with equal laws, he would be. Rex Apr 2015 #82
Because jail is too good for him! Major Hogwash Apr 2015 #86
Why was he allowed to personally call Congressmen and tell them to vote for liberal_at_heart Apr 2015 #90
Corporate lawyers made sure he was immune from any crimes he committed as CEO. Rex Apr 2015 #94
one of many reasons is Angel Martin Apr 2015 #97
That head should be rolling around in the bottom of a basket. JEB Apr 2015 #100
Kicked and recommended a brazillion times. Enthusiast Apr 2015 #111
because obama. nt tomp Apr 2015 #112
 

1StrongBlackMan

(31,849 posts)
5. True, and they are called "Middle Managers" or "Employees" ...
Fri Apr 3, 2015, 08:29 AM
Apr 2015

who are the only ones, against whom, a case can be built. (except for, maybe, violating Sarbone/Oxley, which would be a lot like prosecuting a mass murderer for tearing off a mattress label in a store.)

For better or worse, that is how our legal system is built ... and, that is the designed nature of the corporate structure ... to insulate the top executives from the bad acts of their organizations.

 

fasttense

(17,301 posts)
12. For better or worse?
Fri Apr 3, 2015, 09:10 AM
Apr 2015

Obviously it is for worse. But our legal system was never designed to protect the richest criminals and prosecute only the poorer criminals. That's how capitalism was designed. Our corrupted legal system is a by product of our unfair, rigged economic system.

If you want democracy in your government, you have to have democracy in your economics. As one protest group in Germany put it, "They want capitalism without democracy. We want democracy without capitalism." The 2 can NOT long coexist.

 

1StrongBlackMan

(31,849 posts)
32. All true; but, the point I am making is ...
Fri Apr 3, 2015, 11:06 AM
Apr 2015

our legal system WAS designed to limit criminal prosecutions to those where there is insufficient evidence of participation in, or actual knowledge of, or (in the very rare case), under a/the prosecutorial theory of "willful blindness." (I say "theory" because the larger an organization, the less likely this case can be made) a criminal act(s). The American legal system does not recognize a "Thomas Becket" theory of prosecution.

If you want democracy in your government, you have to have democracy in your economics. As one protest group in Germany put it, "They want capitalism without democracy. We want democracy without capitalism." The 2 can NOT long coexist.


I disagree with the first part of this ... democracy in government is unrelated to democracy in economics; however, I strongly support the idea that if we want democracy in government, we must get money out of (or, at a minimum, strongly regulate money in) politics.

And, I do not know that I support the latter half of your statement, either. While I am certain industrialist/corporatists want capitalism without democracy; I am not convinced that I, we, or the American people, want democracy without capitalism. In fact, I would hazard to guess, the vast majority of Americans, of most political stripes, SUPPORT, both, democracy AND capitalism.
 

Rex

(65,616 posts)
52. It is a shame, since all the evidence is right there for all to see.
Fri Apr 3, 2015, 05:33 PM
Apr 2015

Maybe one day we will get a group of adults that WILL go after the head planners of these massive fraud cases. I wouldn't bet on it since we live in a plutocracy.

JDPriestly

(57,936 posts)
67. True. Except that a conspiracy allegation does not have to be based on actual verbal
Fri Apr 3, 2015, 08:16 PM
Apr 2015

discussion. There has to be just a meeting of minds. Should be easy to prove because of the repeated instances of fraud, etc.

 

1StrongBlackMan

(31,849 posts)
68. Not true ...
Fri Apr 3, 2015, 08:23 PM
Apr 2015

In order to prove conspiracy there must be more than just a "meeting of the minds", i.e., evidence of how the actors arrived at that "meeting of the minds."

JDPriestly

(57,936 posts)
102. Not hard to prove when they are buying and selling the same instruments and carrying on
Sat Apr 4, 2015, 01:19 AM
Apr 2015

banter and have a boss that is benefiting from the fraud and sees the balance sheets and knows the details of the loans made and the theory behind the derivatives and slices of the mortgages. Not difficult when a company is selling the instruments it is telling its customers to buy. There was so much fraud that it would have been difficult to miss.

I bet that some employees warned the top management about what was going on and that you could subpoena documents regarding settlements for wrongful termination and the testimony of employees who with whom settlements would have been made and found out that top management was aware of things that were not right. There are always a few honest, conscientious people working in every organization. The best way to find out who they were when things go wrong is to look for the people who quit or were fired. Most of them will not have the information or experience needed to tie up the facts but if there was fraud, a couple of them probably tried to report it or react to it. I do not know the facts at the big brokerage houses, but I think the approach I am describing would have flushed out some interesting facts. This is my speculation but based on other situations I think it is quite probable.

 

Rex

(65,616 posts)
107. What is pathetic is pretending that bringing something like this to court
Sat Apr 4, 2015, 02:03 AM
Apr 2015

and losing, would end the chance of anyone ever doing it again. That is FUD corporate lawyer crap if I've ever heard it.

JDPriestly

(57,936 posts)
113. It took many lost tobacco cases to finally win a verdict and then another and another.
Sat Apr 4, 2015, 08:28 AM
Apr 2015

In some instances, stubbornness is a virtue.

 

Rex

(65,616 posts)
125. Yes well nobody is to remember big tobacco, we are all supposed to roll over
Sat Apr 4, 2015, 12:28 PM
Apr 2015

for Big Biz...because we can't win etc..

I wonder if the people that type such garbage actually believe it themselves?

 

Rex

(65,616 posts)
85. Not really a conspiracy since they didn't cover up anything.
Sat Apr 4, 2015, 12:19 AM
Apr 2015

Why would they? Nobody is ever going to go after the CEO of one of the big companies. So we will probably see another meltdown from the very same criminal actors.

JDPriestly

(57,936 posts)
114. Is covering up an element of a conspiracy claim or charge?
Sat Apr 4, 2015, 08:32 AM
Apr 2015

I don't think so. Am I wrong?

Prior to Glass-Steagall, melt-downs were pretty frequent. We need an updated Glass-Steagall law. Gambling is not healthy for our economy. Not even when it is big banks gambling with other people's (including taxpayers') money. Sensible, considered risk-taking is very different from gambling.

 

Rex

(65,616 posts)
126. I just don't see where they tried to hide anything, all the robosigning
Sat Apr 4, 2015, 12:31 PM
Apr 2015

etc.. was done out in the open. I say let a company (YES sorry corporate lawyers a bank is just another company) FAIL...you know like we did at one time when we actually had some form of regulated capitalism.

Someone will step up and take their place, yet we don't do that anymore so the most rotten of banks get to stay in business no matter how much crime is committed.

 

Rex

(65,616 posts)
11. True they are called politicians and lobbyists.
Fri Apr 3, 2015, 09:08 AM
Apr 2015

American justice does not allow us to punish the prime suspect, just his underlings. That is how a plutocracy works. Some people still need to learn that lesson or ignore it for obvious reasons.

 

Rex

(65,616 posts)
50. And since the PTB made sure we can't go after the CEOs of the companies that cause the crime
Fri Apr 3, 2015, 05:28 PM
Apr 2015

we will continue to see wealth go upward to the 1%. It is really something, to live in a country that does not honor the law toward rich people.

Sick. Pathetic. Wrong.

 

1StrongBlackMan

(31,849 posts)
34. No, our legal system does not ...
Fri Apr 3, 2015, 11:14 AM
Apr 2015

allow us to (criminally) prosecute to those where there is insufficient evidence of participation in, or actual knowledge of, or (in the very rare case), under a/the prosecutorial theory of "willful blindness." I say "theory" because the larger an organization, the less likely this case can be made) a criminal act(s). The American legal system does not recognize a "Thomas Becket" theory of prosecution.

 

Rex

(65,616 posts)
51. If only that was the reason, nice try!
Fri Apr 3, 2015, 05:29 PM
Apr 2015

The CEO of a company is directly responsible for what goes on in his/her company...but you knew that already!

Your attempts to defend the 1% would be comical if not sad.

Sorry, Charlie.

 

1StrongBlackMan

(31,849 posts)
57. No ...
Fri Apr 3, 2015, 06:40 PM
Apr 2015

that is not correct. As a matter of law, the CEO is NOT responsible for what goes on in the company.

And, I am NOT trying to defend the 1% ... I'm just trying to inform folks that confuse what they wish would happen for what the law requires happen.

And my name isn't "Charlie" ... So you are 0 for 3 in this post.

Hotler

(11,415 posts)
4. And to add.....
Fri Apr 3, 2015, 08:25 AM
Apr 2015

Why isn't Dick Cheney and the rest of the Bush administration in jail........

The reason is because just after President Obama got the Democratic nomination to run for president he said "Now Is not the time to point fingers."

Ghost in the Machine

(14,912 posts)
59. Bill Clinton did the same with Poppy Bush, but the repukes still came after Bill with everything
Fri Apr 3, 2015, 06:53 PM
Apr 2015

they could, including impeachment! They're doing the same to Obama. The whole W Bush Misadministration should be under a prison somewhere...

Peace,

Ghost

 

1StrongBlackMan

(31,849 posts)
55. In order to prove fraud ...
Fri Apr 3, 2015, 06:33 PM
Apr 2015

one must establish participation in, or knowledge of, the fraudulent conduct. How would you PROVE either?

BTW, I asked Dustlawyer because he/she is an attorney and before knows something about elements and proofs; whereas, a lay person probably doesn't.

steve2470

(37,457 posts)
60. yep it all boils down to lack of evidence
Fri Apr 3, 2015, 06:59 PM
Apr 2015

If, theoretically, ironclad proof of his criminality was dropped into the lap of the Justice Department, then (assuming no political interference of any kind) he would get prosecuted. The small fish at the bottom of the corporate structure always get prosecuted first, because they have the least (or no) protection.

You can't prosecute without evidence. Sure, I'd like to see him sitting behind bars, but is there strong proof of his criminality that will hold up in court ?

 

1StrongBlackMan

(31,849 posts)
62. Absolutely correct ...
Fri Apr 3, 2015, 07:23 PM
Apr 2015

One of the first things Trial Attorneys learn (are taught) is "Don't ever, ever, ever, ask a witness, on the stand, a question you don't already know (and can prove) the answer to" (because you are stuck with whatever the witness says on the stand).

One of the first things a CEO learns is never ask the details on how revenue/profits are generated ... because that knowledge puts you in the prosecutorial crosshairs, should there be unlawful conduct.

In the case of Dimon, he not only has his ignorance as an/the out; but, he also has rating after rating from the rating services on the record indicating that the "fraudulent" products they were selling were investment grade. That is/was Dimon's Get Out Of Jail Free card.




steve2470

(37,457 posts)
109. I'm sure Jamie Dimon has covered his tracks really well
Sat Apr 4, 2015, 02:21 AM
Apr 2015

Sure, his subordinates, board members etc could rat him out, but who does that at that level, unless they are going down also ? I think he's done criminal things, but thinking it and proving it in court are two different things.

You might find this interesting when you're bored: https://www.law.cornell.edu/rules/fre (Federal Rules of Evidence).

Could there have been political interference in the potential prosecution of Mr. Dimon ? It's always a possibility, but I'm not willing to say that without some pretty strong evidence. There's that damn evidence word again.

With that, I'm done with this discussion. Good day.

 

sulphurdunn

(6,891 posts)
61. You'd have to go after somone close enough
Fri Apr 3, 2015, 07:14 PM
Apr 2015

to him and with enough direct knowledge of the crime to rat him out as part of a plea bargain because all tracks leading directly to someone like Dimon have been swept clean. Even if you didn't get him you'd make others like him blink and think twice before running the same scam again.

 

1StrongBlackMan

(31,849 posts)
63. I suspect that had been tried and failed ...
Fri Apr 3, 2015, 07:29 PM
Apr 2015

that is why there were so many Settlements; rather than, criminal prosecutions.

I suspect that a/the calculation was made to not bring the criminal case (that the DoJ couldn't prove in a court of law; as opposed to the court of "that's just wrong&quot because doing so would mean all or nothing ... win the conviction or never be able to settle another case, again.

 

sulphurdunn

(6,891 posts)
115. I suspect you're right.
Sat Apr 4, 2015, 08:39 AM
Apr 2015

That raises the specter of a class of people with sufficient power to cover up their crimes and elude even the threat of being indicted for them, possibly by a justice system that doesn't want to prosecute them anyway. Maybe, the only solution is to reduce their power to thwart and corrupt the law by downsizing the institutions they control?

 

1StrongBlackMan

(31,849 posts)
117. Reducing the size of banks would definitely increase the likelihood/possibiliy of
Sat Apr 4, 2015, 09:15 AM
Apr 2015

criminal prosecutions, as it would reduce the layers between the top executive and the front-line actors; but, so would legislation providing the top executie(s) a criminally prosecutable "duty to report."

Further, I think that the many have the target of these prosecutions incorrect ... it's shouldn't be (have been) the CEOs of the banks (because of the corporate design/structure, that is an unlikely case to be made) ... the target should/should have been, the rating companies.

From what I've read, there are emails from analysts to top executives announcing the fraud in their ratings and emails from the rating firms' executive telling the analysts to ignore the fraud, and threatening and terminating analysts for failing to ignore the fraud ... and these emails go back to 2005, before the CDO/MBS market exploded.

Now, if the rating firms had been targeted, I believe the DoJ would have cut off the CEO's strongest defense,

Yes, these deals may have turned out badly, and Yes, I did notice a pattern that the deals turned out badly; but, the 'independent' rating firms, all certified that the underlying instruments were AAA investment quality.


But more, I suspect that had the DoJ targeted these email receiving/writing rating firm executives, they no doubt would have found rating firm/bank executive communications that would have allowed for some bank executive prosecutions.

But that said ... I doubt this strategy would have been satisfying because the executives of the rating firms (though well compensated) are the small fish in the financial sea.

JDPriestly

(57,936 posts)
69. You go through the documents and you find a pattern or practice within the organization.
Fri Apr 3, 2015, 08:36 PM
Apr 2015

You find letters commending top performers for their performance -- bonuses, etc., and then you show that the fraud was commonly accepted as a good practice in the company under the winking and nodding eyes of the heads of the company. You show comparable financial results from honest companies (if you can find any). You convict little guys and work up. It's a matter of being willing to risk a fall, maybe a big fall, in the value of the stock market. No one is willing to risk it.

As I recall, certain of the big brokerages and banks were making incredible profits every single quarter there for a while. They were beating historical odds. You would have to penetrate very thick-skinned corporate culture, but it could be done.

Of course, the depositions of the mostly men at the very top of the corporation would consist mostly of "I don't recall." But some unfortunate peon would start talking sooner or later if you started from the bottom up.

Fear prevents this from happening. Fear prompted the bail-out which helped to let these guys off because there "were no damages" from their horrific fraud. I would have started with some of the mortgage companies and smaller banks that joined in the fraudulent signing of foreclosure papers, pressed them on how and who that little fraud was organized and then moved up. You would have had to act fast. You would have had to hire a lot of paralegals and lawyers. But it could have been done.

Since it was not done, we will probably go through another even worse episode of widespread fraud on Wall Street before this story ends.

 

1StrongBlackMan

(31,849 posts)
74. That only works on TV ...
Fri Apr 3, 2015, 10:56 PM
Apr 2015

the letters of commendation prove nothing ... especially when each of the big banks have product ratings from the rating services indicating that the product is/was investment quality.

It's not fear that has prevent prosecutions, it's the inability to build a case on any of the top dogs ... so the discussion was made not to prosecute the small fish and get settlements; rather than, send them to jail and get much smaller settlements, or go for the big dogs (and lose) and get no settlements, ever.

JDPriestly

(57,936 posts)
116. Were the ratings agencies part of the conspiracy?
Sat Apr 4, 2015, 08:44 AM
Apr 2015

I think you could easily find testimony for that -- from rating agencies that refused to play the game for example, appraisers who got less work and who quite working because they could not go along -- and from appraisers who played the game knowing they were wrong. Economists could analyze what happened, who was leading the unrealistic appraisal game. It would be a huge case, but the evidence is, I be ieve, there. Someone I know was working for an appraiser who reduced his workload because he did not want to come in with appraisals he knew were not realistic. There were honest people who lost out because of the fraud. They could be witnesses to what motivated them.

Would have been a warning to convict those who committed the really obvious fraud at the lower levels.

Look. I was not working in the mortgage or banking business. I remember standing outside my neighbor's house talking about a house down the street that was being sold for an outrageously and unrealistically high price and saying that something was wrong when housing prices had risen so high and wages had not risen much at all. Anyone could see that the high housing prices were unjustified.

I remember that the Los Angeles Times printed an article warning about the adjustable mortgage rates and the zero down loans. It was before the crash although not early in the fraud leading up to the crash.

A good lawyer in the Justice Department could have prosecuted the case, but it would have taken a lot of tenacity, a lot of staff time, long hours and a bit of intuition to sniff out the right witnesses. Law is an art, not a science. It could have been done but it would have taken a lot of dedication and hard work to do it. But it could have been done.

 

1StrongBlackMan

(31,849 posts)
119. I would not say it that way ...
Sat Apr 4, 2015, 09:40 AM
Apr 2015
Were the ratings agencies part of the conspiracy?


Because, I do not subscribe to idea there was a provable conspiracy ... at least that would include the banks. But, yes ... I, not only, think the rating firms are a part of the problem; but, they were at the heart of the problem ... had the firms not rated the trash the banks were packaging AAA investment quality, the banks would not have been able to sell the trash to institutional investors and those institutional investors drove the market.

Further, from what I have read, there are rating firms analyst to executive emails indicating that the CDO/MBSs were trash and executive to analyst emails telling them to ignore their concerns and rate on.

think you could easily find testimony for that -- from rating agencies that refused to play the game for example, appraisers who got less work and who quite working because they could not go along -- and from appraisers who played the game knowing they were wrong.


Unlike in the real estate, were there are (literally 10s of thousands of) appraisers/appraisal companies, there are really only 3 securities rating firms, Moody, Standard & Poors, and Finch ... all of which, rated the banks trash as AAA. So, while there may be a case to make that the rating companies may have concluded (and that would be a difficult case to make), there still would be the missing rating company/bank executive link.

JDPriestly

(57,936 posts)
120. Whether there were links is something for a jury to decide.
Sat Apr 4, 2015, 09:43 AM
Apr 2015

Trying to read between the lines of your posts, I have a sense that you believe that there was no conspiracy simply because the conspiracy was extremely complex and involved so many people who had no direct contact with each other. As I said earlier, if you started interviewing people who were fired or left the companies at the bottom of the conspiracy's pyramid, I am pretty sure you would discover that some employees attempted to inform their managers that something was wrong, that the numbers did not add up. Start with the discontented, those on the fringes when looking for evidence of a broad conspiracy of fraud.

 

1StrongBlackMan

(31,849 posts)
121. Well ... Yes ...
Sat Apr 4, 2015, 10:25 AM
Apr 2015
Trying to read between the lines of your posts, I have a sense that you believe that there was no conspiracy simply because the conspiracy was extremely complex and involved so many people who had no direct contact with each other.


And I'm saying this because my experience has it that had there been a conspiracy, it would have come out long before now BECAUSE it would have involved so many people.

Besides, the corporate real world doesn't involve 7 person cut-out dead drops ... It involves a CEO screaming, "You better increase revenues by 8% and profits 5% next quarter" to the next level down the management ... who yells it to the next, with the addition of the phrase "And I don't care how you do it" ... who shouts it to the next level down, with the addition of the phrase, "Or your F'ing fired!" ... until it reaches that bright, young commission-paid/bonus dependent, ethically challenged B-School graduated Ivy League PhDed Mathematician, who is $1/2 million in school debt, who then smokes a joint or does a line or breaks a capsule and invents an algorithm that projects out +12% growth ... who then, explains how the math works to her non-mathematician manager, who doesn't understand the math, but loves the +12 ... who attempts to explain the math (that he doesn't understand) to his manager, who hears nothing but the +12 ... who doesn't even attempt to explain the scheme to her manager ... who reports to the CEO, "the quants are projecting +10 profits on +2" who says, "Cool ... Patron or Blue?"

That is how this worked, and yes, it was a conspiracy ... a conspiracy of ignorance.

JDPriestly

(57,936 posts)
122. That's one view of it. But another is that the people at the top knew very well what was
Sat Apr 4, 2015, 10:42 AM
Apr 2015

going on at the bottom. You could have proved that if you had gone after so-called disgruntled employees in all of the sectors involved. It was huge, but it was not just an accident. There should have been a series of trials. No one really ever looked for the smoking guns. But I will bet you they were there to be found.

Elizabeth Warren pointed out some of the problems with the bankers' professed ignorance about what was going on. Bankers were selling their clients paper that the bankers themselves were betting against. The derivatives were beyond complex. The market heated up too fast. It should have been and probably was obvious to anyone that the housing values in the middle class market were rising far too fast and far too high compared to the middle class wages. The top guys in the financial sector hire economists and number-crunchers to give them the facts on the markets. Also, there was a concerted effort at the low end of the mortgage industry to qualify buyers whose incomes did not qualify them. I personally observed a couple of means to that end. The first was trying to get people to find co-signers sometimes simply a friend who would falsely say he or she was living in the buyer's house and that his or her income could be falsely attributed as a source for paying off the loan. A second was, here in California where first mortgages are thanks to what is called Depression legislation can be walked away from, an enormous effort to lure people into second mortgages. I recall a time when we got constant offers of second mortgages. People who did not know about the Depression laws probably fell for those offers. There certainly was a lot of evidence of a conspiracy to commit fraud on buyers -- especially with the extreme efforts to sell mortgages in an economy in which wages were not rising. The money was being made available at a very high level in the banking system.

The fraudulent signing of the foreclosure papers was another obviously systemic bit of fraud. That took some organization and funding. Yet it was simply paid off. Then there was a bank that laundered drug money.

Of course it is easy to say there was no conspiracy because the research and discovery necessary to find out whether there was a conspiracy or not and the trials that would have been needed to get the first verdicts that could have lead to uncovering more information and getting more verdicts were never even attempted. Just don't walk down the middle of the street in Ferguson, Mo. Can cost you your life. Pretend to be shutting your eyes to massive fraud in the mortgage industry and you can live well for a long time on the proceeds.

 

1StrongBlackMan

(31,849 posts)
123. Most of what you said is true ...
Sat Apr 4, 2015, 11:02 AM
Apr 2015

this whole mess probably could have been unraveled from the bottom up ... but the fact is, the government lacks/lacked the resources. And further, a decision was made (and I think rightfully so) the cost of doing the unraveling would have been far more than what it would have resulted ... As much as we hate to hear/acknowledge it, such decisions are always present in the real world; but, almost never a consideration on the internet ... where there is unlimited capacity, without having to spend a single dime.

Elizabeth Warren pointed out some of the problems with the bankers' professed ignorance about what was going on. Bankers were selling their clients paper that the bankers themselves were betting against. The derivatives were beyond complex. The market heated up too fast. It should have been and probably was obvious to anyone that the housing values in the middle class market were rising far too fast and far too high compared to the middle class wages.


And while there are serious ethical problems with this, none of that is unlawful ... just like selling a newsletter with "dark forecasts" while shorting a market, or going to the racetrack and betting the favorite, while also betting the 100-1 long shot, aren't.



 

1StrongBlackMan

(31,849 posts)
73. I practiced for 20+ years ...
Fri Apr 3, 2015, 10:45 PM
Apr 2015

In that time I prosecuted, and defended fraud charges ... though nothing anywhere near as big, and consequential, as this. (So you can probably sense my frustration.)

I did not like the BS that was the practice of criminal law ... Justice is among the last of considerations; it was all about a win/loss ratio.

I have since changed career direction into Human Resources ... I no longer have an ethical obligation to defend what I think is wrong ... and I don't have to pay hundreds of dollars for the privilege of doing so.

 

Rex

(65,616 posts)
93. I doubt you love OWS very much.
Sat Apr 4, 2015, 12:36 AM
Apr 2015

I have no doubt if I would have said money laundering, you would have been an expert on money laundering. Such a sad tactic to take to shutdown a conversation. You tried and failed.

 

1StrongBlackMan

(31,849 posts)
95. The law is the law...
Sat Apr 4, 2015, 12:44 AM
Apr 2015

I don't love OWS. I do want economic justice ... and I want it done in a way that can actually work.

I don't know much about money laundering, though I probably could defend or prosecute a charge.

 

1StrongBlackMan

(31,849 posts)
101. Okay. I'm done with you and this ...
Sat Apr 4, 2015, 01:15 AM
Apr 2015

Last edited Sat Apr 4, 2015, 08:38 AM - Edit history (1)

You clearly know nothing about the law or how it works ... nor, do you want to. So, I'm done.

 

Rex

(65,616 posts)
104. Sure sure.
Sat Apr 4, 2015, 01:59 AM
Apr 2015

Thank you for giving me permission do what I want to. You obviously know nothing about the law or how it works.

Dustlawyer

(10,495 posts)
56. Not my area, but I know for starters it would be
Fri Apr 3, 2015, 06:38 PM
Apr 2015

RICO violations, fraud, conversion, several conspiracy charges, plus I would think there would be lots of SEC violations, tax evasion and fraud....
Dimon and his ilk have been above the law for so long that the charges for crimes committed would be endless.
Wall Street got Obama in the White House, thus all of the Wall Street appointments and Eric Holder, who came from a Wall Street law firm. Until we rise up and demand an end to campaign contributions, Super PACs, and the revolving door, we will continue to get screwed worse and worse. George Carlin had it right!

Dustlawyer

(10,495 posts)
77. Assumptions on my part based on violations reported that JP paid hefty fines for.
Fri Apr 3, 2015, 11:40 PM
Apr 2015

You would need the actual evidence and be a prosecutor. I am not and I don't have evidence, just my opinion based on everything reported.

fadedrose

(10,044 posts)
14. Not enough room in jail, Scuba
Fri Apr 3, 2015, 09:12 AM
Apr 2015

The jails are too full of people using weed, the real criminals of our time. You gotta put this stuff in perspective, Scuba . . .

Fuddnik

(8,846 posts)
15. There's another one in Florida who should be in jail for defrauding taxpayers for billions.
Fri Apr 3, 2015, 09:18 AM
Apr 2015

But, now he's doing work release as Governor.

RiverLover

(7,830 posts)
18. He's 'shining bright"
Fri Apr 3, 2015, 09:28 AM
Apr 2015


Shine bright, Jamie Dimon
Shine bright, Jamie Dimon

Fined light by the SEC
None from Sarbanes Oxley
To the sky, to the sky
Chasing profits ever high
Thirteen billion penalty
From mortgage securities
Fraud you sold me, market dives
Chasing profits ever high

The regulators let you get away
Oh, DOJ
Admission of wrongdoing, you don't have to say
Paltry, the fine your power buys

So sleep tight, tonight, in your lies
Crimes provable sealed from the public eye
No jail time. Shattered lives,
Foreclosures spike just like your bottom-line

Shine bright, Jamie Dimon
Shine bright, Jamie Dimon
Shining bright, Jamie Dimon
Foreclosures spike just like your bottom line

Shine bright, Jamie Dimon
Shine bright, Jamie Dimon
Shining bright, Jamie Dimon
Foreclosures spike just like your bottom line

Masters of the universe
Street's high on derivatives
Ride the bull -- will never die
Chasing profits ever high
Thirteen billion penalty
From mortgage securities
Fraud you sold me, market dives
Chasing profits ever high

Most of the penalty, you won't have to pay
With taxpayers is where the tab lies

So sleep tight, tonight
With your prize
Crimes provable sealed from the public eye
Crime to crime, Morgan thrives
Foreclosures spike just like your bottom-line

Shine bright, Jamie Dimon
Shine bright, Jamie Dimon
Shining bright, Jamie Dimon

Crimes provable sealed from the public eye
Shine bright, Jamie Dimon
Shine bright, Jamie Dimon
Shining bright, Jamie Dimon
Foreclosures spike just like your bottom line

Shine bright, Jamie Dimon
Shine bright, Jamie Dimon
Shine bright, Jamie Dimon

RufusTFirefly

(8,812 posts)
20. Meanwhile, in Canadian airports...
Fri Apr 3, 2015, 10:12 AM
Apr 2015

This never ceases to appall me...



If you're not sure why I'm appalled, Google "HSBC" and "money laundering."

(The shot is from Thailand, but the jetways in Toronto's Pearson Airport have 'em, too.)

 

DeSwiss

(27,137 posts)
22. Why?
Fri Apr 3, 2015, 10:20 AM
Apr 2015
- This is what we have become, I suppose. Hard to take, init?



K&R


“As nightfall does not come all at once, neither does oppression. In both instances, there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air — however slight — lest we become unwitting victims of the darkness.”

―William O. Douglas
 

Rex

(65,616 posts)
54. Some still live in this strange delusional land of make believe.
Fri Apr 3, 2015, 05:35 PM
Apr 2015

Where CEOs of a company are not responsible for what happens, they are only responsible to the shareholders.

What is sad is that people believe it on DU!

Sad sad sad...

Enthusiast

(50,983 posts)
23. Kicked and recommended a whole bunch!
Fri Apr 3, 2015, 10:25 AM
Apr 2015

He has high connections therefor he is immune from criminal prosecution.

 

IHateTheGOP

(1,059 posts)
24. No DOJ
Fri Apr 3, 2015, 10:33 AM
Apr 2015

For the same reason that Bush, Cheney, Rumsfeld etal aren't in prison. We have no Justice Department in this Administration.

RKP5637

(67,102 posts)
27. Money loves money and the upper echelons of the US are all about big money and
Fri Apr 3, 2015, 10:50 AM
Apr 2015

power, so, he get's a free pass, just one of the boys fulfilling "his" American Dream and demonstrating "American Exceptionalism."

Agnosticsherbet

(11,619 posts)
29. He hasn't been charged. That is why he isn't in jail.
Fri Apr 3, 2015, 10:54 AM
Apr 2015

Papers of incorporation insulates corporate leadership from crimes commited form the boardroom. Money makes it possible to cover almost any crime to the point where sufficent evidence of a crime will rarely be found. An army of well paid lawyers at the beck and call of a corporation can use the law to surgically remove those in charge from responsibility.

Dragonfli

(10,622 posts)
36. That proves in a way that corporations aren't people
Fri Apr 3, 2015, 12:11 PM
Apr 2015

If papers of incorporation disallow prosecution, they should also disallow "religious beliefs". I mean, if a corporation were a person and the brain of that person (the head of he organism/organisation) decided to murder someone and not face justice, then a decision by that brain to pray should not entitle them to protections of religious freedom or rights to political "$peach".

It is all bullocks anyway, the heads of corporations should serve time for crimes as individuals and pray to whatever imaginary demons they will also as individuals regardless of the paperwork they hide behind.

Trillion dollar crimes have victims, many of them, and those victims deserve justice, not "just us".

Agnosticsherbet

(11,619 posts)
40. A corporation is a legal fictional being, or so says my understanding of the Surpeme Court Decisions
Fri Apr 3, 2015, 12:35 PM
Apr 2015

People incorporate so they can protect their homes and other real property, so that only the corporation, as a legal fictional person, is liable.

The Supreme Court, which is the ultimate arbiter of what is and is not Constitutional, has decided that corporations, especially those that have only a few owners, have freedom of religion separate from those who run it. A corporation may have other liberties and rights that the Court has not yet decided on. This could get much worse if we allow Republicans to appoint anymore members to the court.

That is not the problem with JP Morgan Chase. They have enough money to insulate their owners and board of directors. With sufficient funding, an army of lawyers protects them form their own disastrous decisions. Money also can be used to seek out facts and hide or destroy them.

Really, Jaime Daimon should not stand alone in the docket. The board of directors, corporate management, and the individuals that made the shady deals should be held accountable. With the present system they will not even be charged.




 

Rex

(65,616 posts)
87. And he will never be charged, because the non-political elites control the political elites.
Sat Apr 4, 2015, 12:23 AM
Apr 2015

Otherwise he would be up on charges of fraud. To bad we live in a plutocracy where the richest are immune to the law.

 

Joe Turner

(930 posts)
103. Which is why the Big Banks should have been allowed to fail.
Sat Apr 4, 2015, 01:48 AM
Apr 2015

That is the one thing that brings justice into the equation. When big-boys' over-leveraged houses came down in 2007 during the real estate collapse the correct response was to let them go under and save everything else. Instead wall street's hired servants used taxpayer money to keep them alive to swindle again. If a few of the big banks went down we wouldn't be having this conversation today. All the scumbags would have lost their jobs and be black marked for life.

 

Rex

(65,616 posts)
106. That's it right there! Excellent summary!
Sat Apr 4, 2015, 02:02 AM
Apr 2015

Said the same thing, OF COURSE the corporate lawyers yelled at me that AMERICA would fall apart!!!



It is sad that so many adults believe those swindlers.

snort

(2,334 posts)
39. No need to jail him:
Fri Apr 3, 2015, 12:33 PM
Apr 2015

Let me have him. Fucker stole my house. I know what to do with him. I'll take care of it. No problem. I'll name him 'reek'.

mfcorey1

(11,001 posts)
43. He is not in jail because he is not a teacher. Only teachers go to jail for racketeering
Fri Apr 3, 2015, 02:59 PM
Apr 2015

like in Atlanta.

colsohlibgal

(5,275 posts)
44. It's On Obama And Holder
Fri Apr 3, 2015, 03:02 PM
Apr 2015

They thought 25 million dollar fines would suffice but the truth is that's like most of us being fined $15 or so to the Ruling Class.

Dimon and the rest should still be cooling their heels in the Big House. Fraud to the nth degree, it ruined countless lives, and they get a minor slap on the wrist.

 

hifiguy

(33,688 posts)
46. This fuckwit should be the second to be marched to the guillotine.
Fri Apr 3, 2015, 04:00 PM
Apr 2015

Blankfein will always deserve the honor of being Number One.

As my ol' dad used to say, this guy is so fucking crooked he needs two people to help him screw his pants on every morning.

:

 

jtuck004

(15,882 posts)
48. Because our punishment is to shove as much money down his throat as we can, and hope he chokes on it
Fri Apr 3, 2015, 04:41 PM
Apr 2015

We are still working on it, apparently.

mia

(8,360 posts)
70. Dimon donates primarily to the Democratic Party.
Fri Apr 3, 2015, 08:57 PM
Apr 2015

Dimon donates primarily to the Democratic Party.[36] In May 2012, he described himself as "barely a Democrat" [37] stating,

I've gotten disturbed at some of the Democrats' anti-business behavior, the attacks on work ethic and successful people. I think it's very counterproductive. ... It doesn't mean I don't have their values. I want jobs. I want a more equitable society. I don't mind paying higher taxes. ... I do think we're our brother's keeper but I think that attacking that which creates all things, is not the right way to go about it.[37]

After Obama won the 2008 presidential election, there was speculation that Dimon would serve in the Obama Administration as Secretary of the Treasury. Obama eventually named the president of the Federal Reserve Bank of New York, Timothy Geithner, to the position.[38]

Following the acquisition of Washington Mutual by JPMorgan Chase, Obama commented on Dimon's handling of the real-estate crash, credit crisis, and the banking collapse affecting corporations nationwide, including major financial institutions like Bank of America, Citibank, and Wachovia (now Wells Fargo)....

http://en.wikipedia.org/wiki/Jamie_Dimon

 

Rex

(65,616 posts)
108. You would too if you never had to worry about being held accountable for your crimes.
Sat Apr 4, 2015, 02:05 AM
Apr 2015

SO in that regard, he and Dick Cheney have a lot in common!

 

blkmusclmachine

(16,149 posts)
75. Pals around with the 1%, including most of our Democrats. In other words, "Too Big To Fail." Plus, I
Fri Apr 3, 2015, 10:58 PM
Apr 2015

bet he's part of THE FAMILY.

14 Defining Characteristics Of Fascism

http://www.rense.com/general37/fascism.htm

13. Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.


 

Rex

(65,616 posts)
82. If we lived in a country with equal laws, he would be.
Sat Apr 4, 2015, 12:16 AM
Apr 2015

However we do not and even though their is evidence he could be tried and convicted on, it will never happen. The CEO is responsible for fraud by his company and even with documents to prove so...it won't change one thing.

We went through this with ENRON and I nothing came from it. Corporate lawyers will always make sure a CEO is immune from his/her own criminal activity.

Major Hogwash

(17,656 posts)
86. Because jail is too good for him!
Sat Apr 4, 2015, 12:21 AM
Apr 2015

A man like that should be given the boot, and kicked off of the freakin' planet!!

liberal_at_heart

(12,081 posts)
90. Why was he allowed to personally call Congressmen and tell them to vote for
Sat Apr 4, 2015, 12:26 AM
Apr 2015

bank deregulation? That's what I want to know.

 

Rex

(65,616 posts)
94. Corporate lawyers made sure he was immune from any crimes he committed as CEO.
Sat Apr 4, 2015, 12:38 AM
Apr 2015

And people are just fine with that! Sad...but there you have it. They like the plutocracy and all the benefits they personally get from it.

Angel Martin

(942 posts)
97. one of many reasons is
Sat Apr 4, 2015, 12:46 AM
Apr 2015

because establishing the precedent of holding financial executives to account might lead to pressure for charges against this guy?

http://en.wikipedia.org/wiki/Jon_Corzine

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