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Perp Street

Law firms line-up to defend Wall Street's "crimes".

 
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The biggest growth industry on Wall Street these days is the white collar criminal law firm. As Wall Street financial firms crumble, Wall Street law firms—especially those with litigation departments populated by former U.S. attorneys—will prosper.

The FBI recently announced that it has opened preliminary investigations into possible fraud involving Fannie Mae, Freddie Mac, Lehman Brothers and AIG. This is on top of the two dozen or so cases that had been opened earlier. This means hundreds of Wall Street bankers are currently under investigation. All of them need lawyers.

The New York Times reported that the FBI was "under pressure to look at possible criminal activity in the financial markets." Such pressure almost always follows financial catastrophes.

Throughout history, criminal law has generally operated backward: A murder victim is found and a search begins for the murderer. "Who killed Cock Robin?" is the question most often asked by criminal law.

With financial corpses littering Wall Street, it was inevitable that the search for perps would begin. There is an enormous difference, however, between looking for murderers and looking for financial predators. The law of murder is clear—it requires a willful act by a defendant who intended to kill and whose act caused the death of the victim.

The laws regulating financial manipulation are anything but clear. The government's weapon of choice in such cases is mail fraud—an accordion-like and elastic law if there ever was one. To constitute mail fraud, the underlying conduct need not even be criminal—that is, it need not be prohibited by any specific provision of criminal law. It is enough that it may deprive the employee of the defendant of his "honest services," whatever that may mean.

Over the years, this phrase has been stretched beyond the breaking point to include disclosure of confidential material, billing irregularities and violations of the internal guidelines of private companies. As Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, told the FBI, "if people were cooking the books, manipulating, doing things they were not supposed to do, then I want people held responsible."

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  • Posted By: Nowforthetruth @ 10/07/2008 12:21:31 PM

    The link below contains a purported list of the top 25 in Congress who got contributions from the folks at Fannie and Freddie. Obama is listed third, after Dodd and Kerry, even though Obama is just a junior Senator. Obama is followed next by Clinton. Barney Frank and Nancy Pelosi are on the list as well.

    http://www.investors.com/editorial/IBDArticles.asp?artsec=16&artnum=1&issue=20080918

    Then there is the Senate Banking Committee Chairman Christopher J. Dodd who allegedly got special mortgage deals from Countrywide, who gave preferential rates to 'friends' of company's chairman.

    http://www.msnbc.msn.com/id/25140560/

    For an interesting article purporting to detail the House Financial Services Committee Chairs long history with Fannie Mae, See http://www.businessandmedia.org/printer/2008/20080924145932.aspx

    "House Financial Services Committee Chair promoted GSEs while former 'spouse' was Fannie Mae executive."

    The link below describes how some in Congress tried to use the original version of the bailout bill to divert money eventually recovered to groups like ACORN, a group Obama has a long association with. See:

    http://online.wsj.com/article/SB122247015469280723.html?mod=googlenews_wsj

    And then there is House Speaker Nancy Pelosi, who allegedly has directed nearly $100,000 from her political action committee to her husband's real estate and investment firm.

    http://www.washtimes.com/news/2008/oct/01/pelosis-pac-pays-bills-for-spouses-firm.

  • Posted By: kr100 @ 10/04/2008 7:18:52 PM

    The Wall St. firms and institutions were no doubt reckless, but they were not the ones who ultimately set the stage that allowed the recklessness to occur in the first place. To blame them for creating the current debacle would be like blaming the foot soldiers in Iraq for creating that situation (assuming you consider Iraq a fiasco; not taking sides, just providing an example).

    The top of the causality chain is government (Congress) and its Fascist Reserve and FMae / Mac. The interest rate and money supply manipulations by these organizations created the loose money environment enabling the economic implosion to gain traction in the first place.

    Assertions about a "lack of controls" or accusations against the "free market" are stunningly shallow and anti-intellectual. The U.S. banking industry is among the most heavily government-controlled "industries" of all; it is the polar antithesis of a "free market."

    Value can neither be defined nor added in an environment of coercion. Banking's government-centric lack of a market essence makes it literally a non-industry, in fact a Fascist environment, enabling legislated "value" to dominate against competitive choice-based factors that allow real valuations to manifest. Specific to the meltdown, competitive market factors would have established the cost of money at levels of risk averting the reckless behaviors in the first place.

    Wall St. et al were facilitators and exascerbators of the problem, however the ultimate root-source culpability belongs squarely with government / Congress and the noted agencies it controls. Without the legislated actions of government creating artificially low interest rates in conjunction with its games of manipulating currency valuations via money supply tampering, the current mess could not have even begun its spiral.

    When it comes to identifying root source culpability, people should quit focusing on the secondary contributors or effects, e.g. the "fat cats," lenders, CEOs, borrowers, etc. before root causes are identified. Consider moving emotions of envy and hatred out of the way IN ORDER to be honest IN ORDER to be neutrally objective IN ORDER to think logically IN ORDER to make intelligent assessments (about anything).

  • Posted By: Nowforthetruth @ 10/04/2008 1:05:46 AM

    The link below contains a purported list of the top 25 in Congress who got contributions from the folks at Fannie and Freddie. Obama is listed third, after Dodd and Kerry, even though Obama is just a junior Senator. Obama is followed next by Clinton. Barney Frank and Nancy Pelosi are on the list as well.

    http://www.investors.com/editorial/IBDArticles.asp?artsec=16&artnum=1&issue=20080918

    For an interesting article purporting to detail the history of the House Financial Services Committee Chair's relationship with Fannie Mae, See

    "House Financial Services Committee Chair promoted GSEs while former 'spouse' was Fannie Mae executive."

    http://www.businessandmedia.org/printer/2008/20080924145932.aspx

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