After Eric Holder Resigns, A Look at His Record on Bank Prosecutions
Former financial regulator Bill Black says Holder's legacy on "too big to fail" is "too big to jail"
The Real News - October 3, 14, 2014
EXCERPT...
PERIES: So what raced through your mind as you heard the news this morning about Eric Holder's resignation?
BLACK: Well, I'll focus on the areas I know about. And in your introduction, the war on whistleblowers will be the most relevant part, along, of course, with the complete strategic failure, the greatest strategic failure in the history of the Department of Justice, which I once worked at, against elite white-collar crime epidemics.
And so Eric Holder has surprised me. I always predicted that he would at least find one token case to prosecute some bank senior executive for crimes that led to the creation of the financial crisis and the global Great Recession.
PERIES: Why did it surprise you, Bill?
BLACK: Well, he's actually going to leave without even a token conviction, or even a token effort at convicting. So, in baseball terms, he struck out every time, batting 0.000, but he actually never took a swing. So he was called out on strikes looking, as we would say in baseball. And I couldn't believe that he would leave without at least having one attempted prosecution against these folks. So he hasn't done the most--he never did the most elementary things required to succeed. He never reestablished the criminal referral process, which is from the banking regulatory agencies, who are the only ones who are going to do widescale criminal referrals against bank CEOs, because, of course, banks won't make criminal referrals against their own CEOs. Holder could have reestablished that criminal referral process in a single email on the first day in office to his counterparts in the banking regulatory agencies, and he's going to leave never having attempted to do so.
On top of that, if you're not going to have criminal referrals from the agencies, the only other conceivable way that you're going to learn about elite criminal misconduct of this kind is through whistleblowers. And as you mentioned, this administration, and Eric Holder in particular, are known for the viciousness of their war against whistleblowers. What the public doesn't know--and it doesn't know because of Eric Holder--is that in the three biggest cases involving banks--again, none of them, not a single prosecution of the elite bankers that drove this crisis--all three of those cases, against Citicorp, against JPMorgan, and against Bank of America, were made possible by whistleblowers. Eric Holder was the czar at the Department of Justice press conferences in each of these three cases, and he and the Justice Department officials, the senior Justice Department officials, at those press conferences, never mentioned the role of the whistleblowers--never praised the whistleblowers and never used those press conferences as a forum for asking whistleblowers to come forward. And so your viewers should take a look at the Frontline special on this, where the Frontline producers made clear that as soon as word got out that they were investigating the area, dozens of whistleblowers came forward, and each of them had the same story: the Department of Justice had never contacted them.
So, instead of going after the big guys--by the way, they didn't go after the small CEOs either. I keep talking about elite CEOs, for obvious reasons: they cause far greater damage. But there are all these CEOs of the not very big mortgage banks who are not prestigious, who are not politically powerful, and Eric Holder refused to prosecute them as well. What did he do instead? Well, he prosecuted several hundred mice. And so the saying in the savings and loan industry is true again: Holder was chasing mice while lions roam the campsite.
And most disgraceful of all, the official position of the Justice Department and the FBI, as I've written and quoted from their annual reports on mortgage fraud, is that mortgage fraud is largely supposedly an ethnic crime, with particular disfavored ethnic groups, like Russian Americans. This is (A) not true and (B) an obscenity, for the Department of Justice in particular, which is, after all, charged with preventing this kind of discrimination. Not only is the Justice Department and the FBI spreading this absolute lie about ethnic guilt, but they're following through, and they are disproportionately prosecuting folks of disfavored minorities. And that is a particular evil and disgusting thing that will be on the tombstone of Eric Holder when historians write about him.
CONTINUED...
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