http://news.firedoglake.com/2011/11/01/administration-favors-settling-with-banks-on-criminal-actions-theyre-still-engaged-in/"Matt Stoller’s piece on the latest in the foreclosure fraud settlement follies makes one very important point that I missed in my writeup: robo-signing is still happening.
...And it’s pretty clear that this is the favored path in Washington. Mike Lux, who has a fair bit of inside knowledge, explains what is happening:
A dozen banks would contribute a grand total of $3.5 to 5 billion toward the settlement, pocket change for massive companies that apparently approved their foreclosure mill law firms likely committing over 1,000,000 counts of perjury in the robo-signing process. The rest of the money, about $20 billion, would come in the form of “credits” banks essentially give themselves if they agree to reduce a certain amount of the principal owed on mortgages. We don’t know the details yet, but given that all banks in the home lending industry write down some mortgages, unless the details are tough on the banks (a phrase not generally heard of among regulators in this era), this will be giving banks credit for mortgages they would be writing down anyway. And if they don’t end up writing down as much as they project, they probably won’t end up being penalized for it given the history of programs like HAMP <...>
If the administration rams through this ultimate in Wall Street sweetheart deals — a laughably pocket change fine combined with “credit” for what they would have done anyway, at the expense for a get out of jail free card for 1 million counts of perjury and a wide range of other potential fraud — they will have zero credibility to run as the tough on Wall Street candidate. ZERO.
...Lux pretty clearly indicates that he’s going public with private knowledge he’s gained through contacts in the White House. This is what’s happening. The White House is hell-bent on protecting the banks, and bringing the AGs they need, particularly Harris, to heel. Lux rightly concludes that the next ten years of the US economy and the 2012 elections hang in the balance. But as much as that, so does the history of the United States as a country of laws and not men."