Wall Street's Immunity

“It’s perplexing at best,” says Phil Angelides, the Democratic former California treasurer who chaired the bipartisan Financial Crisis Inquiry Commission. “It’s deeply troubling at worst.”

The Newsweek reporters note that “financial-fraud prosecutions by the Department of Justice are at 20-year lows”; in fact, such prosecutions under Obama “are just one third of what they were during the Clinton administration” - even though the 2008 financial crisis was drowning in financial fraud. Contrast that with the reaction of George H.W. Bush to the much less severe Savings & Loan crisis of the 1980s:

“There hasn’t been any serious investigation of any of the large financial entities by the Justice Department, which includes the FBI,” says William Black, an associate professor of economics and law at the University of Missouri, Kansas City, who, as a government regulator in the 1980s, helped clean up the S&L mess. Black, who is a Democrat, notes that the feds dealt with the S&L crisis with harsh justice, bringing more than a thousand prosecutions, and securing a 90 percent conviction rate. The difference between the government’s response to the two crises, Black says, is a matter of will, and priorities. “You need heads on the pike,” he says. “The first President Bush’s orders were to get the most prominent, nastiest frauds, and put their heads on pikes as a demonstration that there’s a new sheriff in town.”

The Newsweek article offers two well-grounded theories for why Wall Street has been so aggressively protected by the DOJ. The first is that Obama filled his highest level Cabinet positions with Wall Street-subservient officials, beginning with Attorney General Eric Holder, who had been working as a highly-paid corporate lawyer for the law firm Covington & Burling, which represents “Goldman Sachs, JPMorgan Chase, Citigroup, Bank of America, Wells Fargo, and Deutsche Bank.” The other top-tier DOJ positions were similarly filled with corporate lawyers from large law firms closely tied to and depended upon the financial industry. The problem is obvious:

Some suggest there is also the potential for conflicting interest when the department’s top officials come from lucrative law practices representing the very financial institutions that Justice is supposed to be investigating. “And that’s where they’re going back to,” says Black. “Everybody knows there is a problem with that.” (Two members of Holder’s team have already returned to Covington.)

Why would top DOJ officials - with bulging bank accounts from prior Wall Street service and, with their elevated status as top DOJ officials, future plans for even more bulging bank accounts upon returning - possibly alienate the very industry that will enrich them by prosecuting its top-level criminals? The full-scale immunity bestowed on Wall Street provides the answer.

Then there’s the reliance on Wall Street money for President Obama’s re-election effort. Newsweek notes the multiple investigations that documented numerous criminal acts leading to the financial crisis, including some explicitly incriminating top Wall Street firms such as Goldman Sachs. Anticipating possible indictments, “Goldman executives, including the firm’s chief executive officer, Lloyd Blankfein, started hiring defense lawyers.” Moreover, Black “says the conduct could well have violated federal fraud statutes - ’securities fraud for false disclosures, wire and mail fraud for making false representations about the quality of the loans and derivatives they were selling, bank fraud for false representations to the regulators.’” Beyond the Wall-Street-subservient officials, why have those led to no prosecutions?

Meanwhile, Obama’s political operation continued to ask Wall Street for campaign money. A curious pattern developed. A Newsweek examination of campaign finance records shows that, in the weeks before and after last year’s scathing Senate report, several Goldman executives and their families made large donations to Obama’s Victory Fund and related entities, some of them maxing out at the highest individual donation allowed, $35,800, even though 2011 was an electoral off-year. Some of these executives were giving to Obama for the first time.

Justice insists that political operations such as fundraising are kept strictly distanced from the department, in order to avoid even the appearance of political influence. But the attorney general and his team are not unfamiliar with the process; Holder was himself an Obama bundler - a fundraiser who collected large sums from various donors - in 2008, as were several other lawyers who joined him at Justice.