Friday, December 14, 2012

The Great Bank Robbery


On Dec-11, The Department of Justice formally settled charges with HSBC, the British owned mega-bank on charges of money laundering for Mexican drug dealers, violating US sanctions by doing business with known terrorists through suspect Saudi banks and outlaw regimes such as Burma and Sudan. HSBC agreed to pay $1.92 billion in penalties, which amounts to about one month of the banks 2011 profits. When measured against its annual income, $1.92 B penalty seems meager. However, the outrage is actually worse. The real penalty is only about $700 million. $1.2 billion is the estimated profits that were earned in the various transactions. Forcing a bank robber to return the fruits of his criminality can hardly be called a penalty. The Bank will not be prosecuted criminally, but the Justice Department held out the possibility that individual criminal charges might still be filed. Fat chance. This investigation has been going on for five years.

I had read bits and pieces about this over the years, but I missed the denouement of the grand prosecution until I picked it up on Matt Taibbi’s indispensable blog.


In the attached piece Taibbi goes into some detail regarding the truly hollow nature of the penalties HSBC and some of it managers will have to pay:

“So the executives who spent a decade laundering billions of dollars will have to partially defer their bonuses during the five-year deferred prosecution agreement? Are you fucking kidding me? That's the punishment? The government's negotiators couldn't hold firm on forcing HSBC officials to completely wait to receive their ill-gotten bonuses? They had to settle on making them "partially" wait? Every honest prosecutor in America has to be puking his guts out at such bargaining tactics. What was the Justice Department's opening offer – asking executives to restrict their Caribbean vacation time to nine weeks a year?”

Neither the banks penalties nor those levied against its managers are substantial enough in any way to in any way deter this sort of heinous behavior in the future.

The Justice department chose not to prosecute for criminality and not to send anyone to jail because they were afraid of the negative effect it would have on the financial industry in general and specifically that it might bring HSBC down. The concern was that if HSBC failed it could bring on another Wall Street crisis. What happened to the end of too big to fail? As the NY Times said in its editorial Too Big to Fail has morphed in to Too Big to Indict.

HSBC was caught laundering money for drug lords, stained, in some cases perhaps literally, with the blood of thousands massacred across Mexico.  

Taibbi: “The banks' laundering transactions were so brazen that the NSA probably could have spotted them from space. Breuer [The Assistant AG responsible for prosecution of the case] admitted that drug dealers would sometimes come to HSBC's Mexican branches and ‘deposit hundreds of thousands of dollars in cash, in a single day, into a single account, using boxes designed to fit the precise dimensions of the teller windows.’

“This bears repeating: in order to more efficiently move as much illegal money as possible into the ‘legitimate’ banking institution HSBC, drug dealers specifically designed boxes to fit through the bank's teller windows. Tony Montana's henchmen marching dufflebags of cash into the fictional ‘American City Bank’ in Miami was actually more subtle than what the cartels were doing when they washed their cash through one of Britain's most storied financial institutions.”

In addition to HSBC, Credit Suisse, Barclays, ING Bank, and Standard Chartered, have all agreed to settlements for similar charges, each one for hundreds of millions of dollars.  By way of comparison in 2010 there were about 5,600 bank robberies across the country. The average criminal made off with about $7,600, for a total nationwide haul of just over $43 Million. FBI statistics indicated that about four in ten of the bank robbers apprehended had drug problems. Does anyone else see the travesty of justice when a dozen banks accrue billions through illegality, perhaps half or more in the drug trade, without criminal prosecution, while thousands of others, serve time, a sizable number of them to feed drug habits?

The six banks involved in money laundering represent only a partial list of the recent criminality we have seen in the financial industry. Between LIBOR (16 big banks rigging rates, skimming billions of profits) and Goldman Sachs (calling their own investment vehicles sold to an inspecting public “pieces of shit”) and now this the Great Bank Robbery is no longer a Western with gunslinger criminals. The Great Bank Robbery today plays on a recurring loop and it happens every time a multinational bank opens its doors for business. Bernie Madoff was a drug store stick up man compared to these guys.

Obama’s Justice Department ought to just admit they are in the tank for powerful interests beyond their capacity to manage or regulate. One has to wonder about the influence of Wall Street cash on these deliberations. Somewhere someone was whispering in Geitner’s ear. “This won’t be good for anyone”, they say. For the President’s apologists who see nothing wrong with his Super PAC’s taking unlimited and unregulated contributions during the campaign and now for the inaugural, we have to ask, “Is this the price for that?”

And remember this, after allowing HSBC to launder millions in obviously blood soaked drug money without bringing criminal charges, the Justice Department is still considering pressing Federal charges in Washington and Colorado, against those who would light up a legally purchased (at least in those states) and likely locally grown (i.e. not trafficked under threat of violence) doobie. Meanwhile America houses 2.3 million people in its prisons. With 5% of the world’s population, The US houses ¼ of the world’s inmates. While the banks help further the criminal enterprises that make it possible, and perpetuate the cycle, it is estimated that more than ¾ of those in prison require drug treatment. Treatment costs a fraction of what incarceration does, but for the drug gangs and now apparently the banks that is not nearly as profitable.

This all of a piece, the Wall Street Bailouts which included hundreds of billions for the banks, but somehow just couldn't seem to muster the strength to help any significant number of people on the edge of foreclosure. This is why the Occupy people for all their meanderings and hopelessly goofy rhetoric had it about right: The system is completed tilted now in favor of the very few and at the expense of the very many. Of course specific connections are tenuous and perhaps hard to make, but there is an astounding amount of smoke in the air. Because of near total reliance politicians have on deep pocketed connections to large multi-national financial firms, the whiff of corruption permeates everything aspect of our political institutions.  Citizens United exacerbates the problem, but it did not create it.

It really is a pitiful commentary, particularly when considered in the context of fiscal cliff talks, which for all the fancy rhetoric will at best lock in a 30 year long right wing march in tax policy which has slowly bankrupted government while showing little in the way of progress for the American middle class. Yes, the rich will take a trim on the edges, but even there we have seen what their well-funded and richly rewarded surrogates in Congress will do to fight that.

Corporations pay a much smaller portion of the nation’s total tax bill then they did 30 years ago. That won’t change. Reagan cut Capital gains taxes in half in the 1980’s. It appears unlikely that they will even go up in any consideration of any plan now under discussion. The middle class got hosed, but from Wisconsin to Ohio to Michigan Unions are the problem. It is a sick, disgusting, mess, and too many Democrats and too many liberals do not understand the role that the Democrat party including the sainted Obama have had in perpetuating and in some cases deepening the crisis. We are better than this, or we ought to be.

This is obscene, a Democratic Justice Department on the cusp of its second term hands out a slap on the wrist to a bank for helping to wash blood from the money generated by drug dealers because the offending bank was considered too big to fail, and so indict. Holy f***, how did we get here?


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