Posts Tagged ‘eric holder’

Smoke clears to reveal Vatican Bank and U.S. banks have much in common

Wednesday, March 20th, 2013

An edited version of this post by Roy Oppenheim was first published in US News and World Report’s Home Front Blog and is being redistributed on South Florida Law Blog with their permission.

White smoke coming from the Sistine Chapel at the Vatican indicates a new pope.

Now that the smoke has cleared in Vatican City – both figuratively and literally – and the Catholic Church has new leadership, one of the many issues facing Pope Francis is the pressure being exerted on the Vatican to clean up its bank.

Steeped in decades of secrecy, the Vatican Bank has been under mounting pressure in recent years to clean up its act or face global financial instability.

On the one side are those seeking greater transparency, on the other are those seeking to preserve status quo and continue to operate under a blanket of secrecy.

The Vatican Bank and America’s banks have much in common – both have lost their way and now efforts are underway in Italy and in the U.S. to reign them in and clean them up.

The Vatican Bank was created in the 1940’s and was seen as a way to get money to Eastern Bloc countries to bring an end to Communism. Today, it’s said that the bank helps the Vatican operate in places such as Cuba. A noble beginning to be sure, but in recent years there have been allegations of money laundering and the disappearance of millions.

European agencies that monitor financial institutions are pushing for change much like lawmakers in the U.S.

In recent months, several lawmakers, including Massachusetts Senator Elizabeth Warren have sounded the alarm that tougher action against banks is needed.

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Holder: Banks Too Big to Fail and Too Big to Jail

Monday, March 11th, 2013

This article was written for The South Florida Law Blog by Roy Oppenheim.

The Mighty Elephant: Banks Representing the Too Large to Fail, Too Large To Jail - Oppenheim Law Blog Theory.

The Mighty Elephant: Banks Representing the Too Large to Fail, Too Large To Jail – Oppenheim Law
Blog Theory.

U.S. Attorney Eric Holder, the man charged with upholding the laws of this country, has finally recognized the elephant in the room.

During a Senate Judiciary Committee meeting this week, Holder finally admitted what the rest of us have been saying for a long time: There are banks in America that are too big to fail!

Ironically, American Banker, the very same publication read by those Holder criticized, was among the first to report the news.

Said Holder: “I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if we do prosecute — if we do bring a criminal charge — it will have a negative impact on the national economy, perhaps even the world economy.”

You can read his remarks here.

Sadly, he offers no solutions to what has become an epidemic of fraud that led to one of the worst economic crisis in our country. By allowing banks to perpetrate fraud by selling mortgage securities they knew were not worth the paper they were written on, the Justice Department, in a way can be considered just as guilty for failing to hold banks to the fire.

It’s like the courts saying a murderer can’t be prosecuted because he is 6’9”, weighs 400 pounds and is too big to jail. Holder’s argument is simply not defensible.
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Moral Hazard Lies On Wall Street, Not Main Street

Thursday, August 30th, 2012

Judge About To Make VerdictIf there is only one thing that I hope to see as an attorney, it is the law applied fairly to all sides of the courtroom.

And there has been no greater sense of frustration for me than to see the banks, time and time again, not be held to the same standards as you or me.

It has become standard practice for banks to wiggle and maneuver and do everything possible to escape accountability.

But perhaps even more maddening is when those in power refuse to dig their heels and go after these banks. The latest example: the Justice Department’s refusal to prosecute Goldman Sachs.

They hedged their bets and sought to make money on the backs of their clients. This is nothing new to any of my readers, nor is the Justice Department’s lack of reprisal.

Both Matt Taibbi, Rolling Stone’s excellent political reporter, and the New York Times Opinion Page called Eric Holder on the carpet, and now it is my turn.

No one is suggesting that prosecuting Goldman Sachs would have been a walk in the park. But prosecuting them was necessary, if the climate of Wall Street is ever going to change.

What is absolutely maddening about all this is that by allowing Goldman Sachs to skate, the DOJ is all but announcing that the banks can continue to engage in other unconscionable and illegal activities without the fear of retribution This is called a moral hazard — encouraging certain negative behavior by allowing it to continue.

“Ironically” — we only hear about moral hazard in the media, it’s FROM the banks, or government officials like Edward DeMarco, who are alarmed at the notion that homeowners might participate in moral hazard. They will use that alarmist notion, despite the fact that it has yet to be substantiated, as a reason not to do principal write-downs or provide homeowners the meaningful assistance they need.
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Schneiderman And Mortgage Fraud Task Force: Are We Being Hoodwinked?

Friday, April 20th, 2012

 

Are we being hoodwinked by the mortgage fraud unit?

Courtesy:Cesar Cabrera Photography

When President Obama stood before Congress and the American People three months ago and promised to hold those behind the housing crisis ‘accountable’, I was hopeful.

In the days that followed, his new field general Eric Schneiderman was unveiled and almost immediately action was taken.

When Schneiderman issued subpoenas, just days after the President appointed him to run his new Residential Mortgage-Backed Securities Working Group, I thought that perhaps, FINALLY, a corner had been turned.

But it’s becoming clear to me now that the train that is the RMBS Working Group hasn’t left the station, and depending on who you believe, there may not even me a station built yet!

After those few weeks of full-court press by Schneiderman, there hadn’t been a peep about the status of the Working Group’s investigation. Yes it may have only been three months, yet I fear that the bold vision you and I were sold might turn out to be just another empty promise.

The press only turned its attention back to the Working Group after a brutal Op-Ed in the New York Daily News. The co-directors of the Metro Industrial Areas Foundation, a citizens coalition group, called Schneiderman out and said they had yet to see any footprint of the RMBS Working Group’s investigation.

The 55 staff members promised by Attorney General Eric Holder were nowhere to be found, the pair claimed.

Yet even this Op-Ed could only draw Schneiderman’s mouthpiece out of the woodwork, rather than the Attorney General himself.

Spokesman Danny Kanner refuted their claims, saying that attorneys and other investigators had already been hired, that we shouldn’t draw any conclusions by the lack of public announcements.
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