"...The SEC announced yesterday that Citigroup agreed to pay $285 million to settle charges that it misled (synonyms for that word include deceived; lied to; tricke and defrauded) investors in a mortgage securities deal, telling them it was a good investment when it knew otherwise and was secretly betting it would fail.
That kind of behavior isn't just slimy. As the Financial Crisis Inquiry Commission found in other instances, it's also illegal..."And ...
SEC Doing Collusion Deals With Big Banks over Dodgy CDO Deals?http://news.firedoglake.com/2011/10/21/sec-doing-collusion-deals-with-big-banks-over-dodgy-cdo-deals/"Yesterday, I acknowledged and came within inches of praising an SEC resolution with Citigroup on a $1 billion mortgage-backed securities deal. They got $285 million in the settlement, all of which went to investors burned on the deal, which was similar to the setup of deals like Abacus or Magentar: end-bubble deals of synthetic CDOs that the bank knew would fail, where they had outside people with an interest in taking the other side of the bet construct the mortgage pool. This was rampantly illegal, and given some of the other settlements in this area, I thought a 28.5% return on the deal was noticeably higher.
But it turns out I was way premature in citing the SEC settlement as anything but craven.
According to Pro Publica, Citi settled ALL its liability with the SEC from this one deal, even though they made plenty of other synthetic CDO deals at that time. They get this on the record from a Citi executive...
...Felix Salmon goes further, looking at all of the SEC’s CDO prosecutions. In all cases, they have made only one enforcement action for each bank investigated. That means that they make a high-profile and largely symbolic settlement on one deal, take back a thimble-full of cash, and ignore the dozens of other deals made under exactly the same premises for which they investigated and fined the bank.
...I think Felix uses the right word – collusion. This is regulatory capture of the first order. It’s different from constructing deliberately complex and confusing rules that will never be administered, or just looking the other way at misconduct. This generates the illusion of regulatory enforcement while letting off the offending parties for next to nothing.
The exact same premise is at work with the Obama Justice Department’s attempted get out of jail free card for foreclosure fraud. It certainly makes the banks happy, but it’s also a primary reason why there are protesters in Zuccotti Park and across the country.
...Felix asks, “Is the SEC trying to protect the banks it’s meant to be prosecuting?” It sure looks that way."