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Dennis M. Kelleher

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Obama's Shameful Dodge on 60 Minutes

Posted: 12/12/11 12:25 PM ET

As he has regularly done in the past with other media outlets, President Obama artfully dodged a straightforward question about lack of criminal prosecutions from Steve Kroft on 60 Minutes last night. The question was about how one of the things bothering people was the fact that no one on Wall Street has been criminally prosecuted for the financial catastrophe that has caused so much damage to our country. What he was really asking -- what everyone in the country is asking -- is why has there been no accountability of those on Wall Street who got rich before, during and after the meltdown they caused while the rest of the country got stuck with the bill, including historically high unemployment, foreclosures, deficits, etc.

Rather than even attempting to answer that question, the president started by saying he can't get into specific cases, which he wasn't asked about. He then gave his standard line, "I can tell you, just from 40,000 feet, that some of the most damaging behavior on Wall Street, some of the least ethical behavior on Wall Street, wasn't illegal. That's exactly why we had to change the laws."

Okay, even if that highly questionable assertion is true, he is nonetheless conceding that at least some of that behavior was illegal and therefore the question remains why he and his team refuse to prosecute Wall Street. (Evidence of those crimes was the subject of a 60 Minutes piece the prior week.)

The easy answer of some is because that's where they are doing a lot of fundraising (a bipartisan activity, I should note). While that no doubt plays a role, the more complete answer is also more complex, but no less satisfying.

The president and his team decided early on that recapitalizing the financial industry in general and Wall Street in particular was the highest priority for the country. Their view was that, if they didn't' do that, a Second Great Depression was highly likely. They all truly believed that as went Wall Street, so goes Main Street. (This view was helped along by all the former Wall Streeters occupying the highest levels of the administration and on whom the president relied most heavily for advice on this matter.)

This view is, of course, right to some extent. If the financial industry was allowed to collapse in the fall of 2008, then Main Street would suffer gravely: everything from paychecks to credit cards to the simplest of loans for everyone from individuals to small business to the big companies at the heart of our economy could have ground to a halt. Moreover, they were blindly obsessed with people's confidence in the banking system (as Ron Suskind spelled out so well in his book, Confidence Men). They worried that anything that was done other than helping the banks would erode confidence in the banks, which would cause the crisis to deepen and potentially cause a downward spiral.

Unfortunately, this view resulted in an administration policy of protecting the banks from even the slightest criticism, never mind actual action. So, there was no financial crimes task force formed to investigate potential crimes and there was no serious consideration given to taking other actions against the biggest banks and the titans of Wall Street. Indeed, this view even stymied efforts to seriously investigate the financial crisis so that informed reforms could be implemented. (Remember, that the Financial Crisis Inquiry Commission was created very late, was given limited powers, and was structured to report only after the reform law passed.)

Indefensibly, this policy of "see no evil, hear no evil, and speak no evil" of Wall Street was followed even when the administration basically handed Wall Street the keys to the treasury and US taxpayers' pockets. In fairness, this wasn't just an Obama administration policy. It was certainly also the policy of the Bush administration, but many thought that the November 2008 election would usher in new policies that would hold people accountable.

This approach of uncritically coddling Wall Street and ignoring its role in the financial crisis was the subject of an unprecedented meeting in the White House in the spring of 2009. A number of Democratic senators demanded a meeting with the president personally to tell him directly and clearly that he was getting bad advice from his Wall Street-biased group of senior advisors and that he must take strong action against Wall Street wrong-doing. It appears that the President responded with more artful dodges along the lines of "What would you have me do? Let the banks fail? That would be devastating for the economy and the country."

Well, of course, no one was advocating -- then or now -- letting the banks fail and ushering in another Depression. However, there was a very strong view -- then and now -- that the financial industry could be saved and wrongdoing could still be punished. This view is nicely captured by the phrase that "you can save the banks, but you don't have to save every banker." Unfortunately, as the president revealed again last night on 60 Minutes, those bankers have nothing to fear from this administration (except the occasional criticism not backed up by any action). The policy of "hold no bank or banker accountable" appears to be firmly in place.

That is bad news not only for the country, but also for the president. It's one of the key reasons the American people are so mad and justifiably so: this foolish policy means that the rules that apply to everyone else, don't apply to the rich, powerful and politically well-connected banks and bankers on Wall Street. And, even worse, it means that those very same banks that only exist today because the US government with taxpayer money saved them in the fall on 2008 are now using their massive profits to fight regulatory reform that is desperately needed if we are to avoid another financial collapse.

 
 
 
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HUFFPOST SUPER USER
Francois Bergeron
seeking sense
03:19 AM on 12/16/2011
"settlements" is punishment. Put one banker in jail and 3 will take his place.
You can't simply "solve" this issue, it's too complicated.
O is putting regs in place (or trying to if the repugs will ever let him) so that this will not happen again.
Didn't he try to put together the consumer protection agency with Warren exactly for this reason? And who is desperately trying to stop it???
04:12 PM on 12/14/2011
President Obama's inactivity since taking office, his supine position on banks, bankers and many other matters bear NO resemblance to the promise of change that put him in the White House. Of course all politicians are to some extent liars and prevaricators, but President Obama has failed time and again to support the wishes of his core supporters, to the extent that he has few left. If the only reason that I vote for a Democrat is because the alternative is worse, there is something seriously wrong with this Administration. Liar liar, pants on fire!
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HUFFPOST SUPER USER
Francois Bergeron
seeking sense
03:10 AM on 12/16/2011
It sucks that bankers get off, but the reasons explaining the situation are many, and they're complicated. To say that O has done nothing is a silly statement.
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dukesman2000
We have guided missiles and misguided men
09:20 AM on 12/14/2011
Steve Kroft isn’t the sharpest knife in the drawer, we all know that. He has been known to eff up interviews from time to time. Case and point, as in the Bill Clinton interview around the time of the allegation between he and Gennifer Flowers. Steve Kroft asked Bill Clinton, if he had a 12 year extramarital relationship with Gennifer. Now, even if you’ve done 20 minutes of law school, you know that’s the wrong way to ask a question. Of course, Bill Clinton said no, as he should, because what if in fact the relationship lasted 11 years? The answer and truth would be “NO.†Now going back to this interview with Obama. When Obama said most(not all) of the actions of Wall Street were legal, a smart journalist would have pick up on this semantic immediately and asked, “since not all the actions were legal, why not prosecute those that were illegal?â€
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ebanks84
Grandma knows best!
07:22 PM on 12/13/2011
Holder "is" prosecuting of the wall street crooks. I've read about many of them getting so many years for their dastardly deeds. It's just that the media don't pick up on these cases or print them like they should.
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08:21 PM on 12/13/2011
If you're not being sarcastic, please provide a link.
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ebanks84
Grandma knows best!
09:42 PM on 12/13/2011
http://www.pryorcashman.com/news-806.html

You have to search for them because they're not being reported on. This is just one.
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PRONESE
Somewhat Opinionated Curmudgeon
04:51 AM on 12/14/2011
When is Holder and the BATFE going to be prosecuted for "Fast and Furious"?
More Coffee...
R/ PRONESE
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ebanks84
Grandma knows best!
09:22 AM on 12/14/2011
Did you not see his response on CSPAN about that?
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TheTightwireGuy
Attempting to balance reason and passion
06:36 PM on 12/13/2011
Mr. Kelleher,

Thank you for this clearly written and damning summary of Obama's failure on this matter. One may applaud his at-best well-intentioned attempt to manage this crisis (I don't) or his subsequent attempts to reform our financial industry (I do, but the results are clearly mixed), but most economic historians, as well as most objective American voters, will not look kindly upon his decision to only "look forward" in the wake of the economic damage the criminal Wall Street 'banksters' inflicted on our nation!
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Mr Universe
Can't stop the signal
05:46 PM on 12/13/2011
1. That didn't strike me as a 'shameful dodge'
2. Can you think of a dumber thing to do than strike fear into the heart of Wall Street right before an election?
3. The President is having a hard enough time getting the CFPB up and running as it is.

Abramoff said it best when he pointed out that some of the things he was doing were being done across the board by everybody. If the DOJ went after everyone, the financial market would fall apart. Hopefully, they'll go after some of the more egregious abusers when the CFPB is going and Obama is well into his second term.
05:37 PM on 12/13/2011
The problem is they can't prosecute the bankers without going back to the root of the problem, and they won't do that. The ball began rolling in the 90's with Bill Clinton and as he put it "everyone deserves to own a home" as he forced banks to open up in depressed areas and change the requirements needed to get a loan. Then George Bush added to the problem with his "open society", a federal program to push for more minority home ownership. Then we can add Barney Frank, Chris Dodd & Maxine Waters to the club who all defended the banks when Bush finally did go in front of congress and said there was a problem with Fannie & Freddie. But no one wanted to hear it. I am not defending Bush at all, so don't come back and attack me on that statement. These are all facts that can be verified. The government has created such a huge problem,there is no easy fix and odds are it will never get fixed with all the money they waste. All we can do is take little steps, and try and fix one thing at a time without creating another problem. Don't listen to what they say, watch what they do. It's always a contradiction and against you. We need real change in 2012, not the socialist change happening before our eyes now.
01:03 AM on 12/15/2011
there is so much incorrect stuff in your post I don't know where to start. Clinton didn't force banks to lend in depressed areas. Your talking about the "community reinvestment act"of 1977 --------------------------Legal and financial experts have noted that CRA regulated loans tend to be safe and profitable, and that subprime excesses came mainly from institutions not regulated by the CRA. In the February 2008 House hearing, law professor Michael S. Barr, a Treasury Department official under President Clinton,[63][118] stated that a Federal Reserve survey showed that affected institutions considered CRA loans profitable and not overly risky. He noted that approximately 50% of the subprime loans were made by independent mortgage companies that were not regulated by the CRA, and another 25% to 30% came from only partially CRA regulated bank subsidiaries and affiliates. Barr noted that institutions fully regulated by CRA made "perhaps one in four" sub-prime loans, and that "the worst and most widespread abuses occurred in the institutions with the least federal oversight".[119] According to Janet L. Yellen, President of the Federal Reserve Bank of San Francisco, independent mortgage companies made risky "high-priced loans" at more than twice the rate of the banks and thrifts; most CRA loans were responsibly made, and were not the higher-priced loans that have contributed to the current crisis. Wikipedia---------------------------------------------the problem is both democrats and republicans have been bought, they are owned by big money interests and you blaming minorities for this fiasco is absurd.
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Peter Combs
Amused by the illogical..no, NOT a Republican
05:22 PM on 12/13/2011
If Obama was pushing prosecutions...how would he raise the Billion Dollars he needs to campaign with?

Its not complicated at all...they are HIS base after all.
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Chubbster
Always Under Moderation
07:01 PM on 12/13/2011
And how do you prosecute criminals without looking stupid after you've given them $7 trillion dollars?
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HUFFPOST SUPER USER
SLivermore
There is no resource more precious than time.
04:55 PM on 12/13/2011
Perhaps Congress is going to call Martha Stewart to a special hearing to determine the extent of her involvement in all this.
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Areya
07:58 PM on 12/13/2011
good one
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Vapula
Failure is not an option
04:05 PM on 12/13/2011
There would be no chance that the Wall Street crooks would be prosecuted by the Republicans so it is even more disappointing that Obama won't get the job done. Maybe an independent candidate is needed to get the job done. Maybe an independent party is needed to replace these squabbling children on the hill.
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Peter Combs
Amused by the illogical..no, NOT a Republican
05:23 PM on 12/13/2011
Actually..during the S&L Scandal..it was Republicans who pushed for prosecutions....not the Democrats....they ran from the issue.
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Chubbster
Always Under Moderation
07:03 PM on 12/13/2011
And during the S&L there were over 1000 FBI Agents on-the-job. For the Masters of Fraud in the years 2004-2008? Zero agents. Just letting the statutes of limitations expire....
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HUFFPOST SUPER USER
TheTightwireGuy
Attempting to balance reason and passion
07:08 PM on 12/13/2011
Correct. Because the worst political 'perps' in the House and Senate who abetted this scandal were Democrats:

http://en.wikipedia.org/wiki/Savings_and_loan_crisis#Scandals
http://en.wikipedia.org/wiki/Fernand_St._Germain
http://articles.chicagotribune.com/1987-07-16/news/8702220003_1_st-germain-congressional-ethics-rules-and-federal-law

This issue dramatically helped the GOP win back the House in 1994.

And GOP corruption leading up to the 2006 election helped the Dems win back the House in that race.

AND the appearance of corruption by the Obama administration with respect to the banking crisis helped the GOP reclaim the House last year.
.

When are we going to get off our government off the corruption merry-go-round???

www.getmoneyout.com
HUFFPOST SUPER USER
lipps
Capitalist Pig Taxpayer
06:24 PM on 12/13/2011
Uh , Wrong, I think the Republicans are going after the ripoff artists like Solyindra right now.
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HUFFPOST SUPER USER
derealest
12:51 PM on 12/13/2011
Wow you guuys are upset that Obama won't bite the hand that feeds him? The current president is consumed by slight of hand blind eye turning to any group that supports his twisted agenda. Why would be go after teh Banks until they withdraw thier support. Why would the banks withdraw thier support as long as they are protected??? Ahhhhhhh the Chicago way.. Love it, America you are becoming Coprophagous on your diet of Obama and his "change". Look it up it's a great word and does apply. America, you are being sold down the river without a paddle.
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HUFFPOST SUPER USER
Prapanna
10:39 AM on 12/13/2011
Very disappointing indeed. During a speech touted to be a big statement on the economy some weeks back, Obama said that the banksters broke no laws. He is, of course, dead wrong, which means he is either clueless or siding with the criminals on Wall Street. I doubt he is clueless.
11:21 AM on 12/13/2011
OK, then please list the specific laws they broke.
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Weareonenow
Your Reality is a function of your mental software
12:30 PM on 12/13/2011
So why are they willing to pay 20 billion in settlement of claims ?
01:01 PM on 12/13/2011
It seems like a lot of fraud was committed. However, in 1995 as the Repubs were losing control of Congress they passed Private Securities Litigation Reform Act of 1995 even over Clinton's veto. It makes it very difficult to file a securities fraud case. BTW, this is why so few went to jail after the Tech Bubble too.

Another factor is lack of staff and proper funding by Congress to set up a real "task force". Remember as part of the War On Terror Bush moved the White Collar crime staff to another part of DHS to track "terrorist" money.

During the S&L debacle there was 1,000 staffers to look at that in just 4 states. Today it's something like 120.

I think the real question is not for Obama but Congress and why they have not funded a full force inquiry with proper staffing?
10:37 AM on 12/13/2011
http://www.care2.com/causes/geithner-says-wall-street-prosecutions-coming.html.....................As stated here, the is much resistence to any Wall Street prosecutions...............Heck, a MINORITY of senators refuse to confirm the president's nominee to the consumer protection bureau unless the legislation creating it by a MAJORITY of the legislature is changed to their liking........................And, oh, btw, TARP was Bush's bailout baby.......It is so interesting how the problems of the second half of 2008 always become Obama's fault.
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roguescr1be
beLIEve
10:13 AM on 12/13/2011
So...the President says much of what was not prosecuted was because most of what happened was not illegal in a world without Glass-Steagall

Yet this guy whines about minor players who would have been mearly symbolic while the real crooks get to fade away.

Sometimes these "writers" get carried away. They start to believe their own opinions and replace them for facts and hard won knowledge through experience.

Systemic criminal prosecutions work this way. Soon you will see the little people getting picked up and turned to snitch up the chain of command. However, it is worthless if their are no laws broken to charge them with. Dodd-Frank was a short step in that direction.
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09:55 AM on 12/13/2011
The FCIC didn't pursue fraud...

http://www.thenation.com/article/158274/fcic-report-turns-blind-eye-wall-street-fraud
FCIC Report Turns a Blind Eye to Wall Street Fraud | The Nation

"The Financial Crisis Inquiry Commission is better than its reviews but still very disappointing. Its 545-page report represents a powerful, fact-filled indictment of the financial system and the leading players and institutions that produced the national catastrophe. But there is one glaring omission—the massive fraud that occurred on Wall Street.

Some leading economists and former regulators (not to mention citizens at large) think fraud is a central explanation for what went wrong. The commission’s conclusions skip lightly over the matter—both civil fraud and go-to-jail criminal fraud.

In this regard, the FCIC report resembles a giant haystack sprinkled with sharp needles. Somewhere in the FCIC’s daunting details are explosive revelations. But can citizens find or understand them? Not very likely; the six Democratic commissioners who produced the final report don’t mention any needles or provide any clues about how to find them. Instead, the commission blandly states that it has referred “potential violations†to “appropriate authorities.†But it won’t say how many cases were passed along to prosecutors or whether they involve big-name bankers or low-level clerks forging mortgage documents..."
01:08 PM on 12/13/2011
What Congress needed to do was actually fund a properly staffed group to find the crimes. It was done after the S&L Crisis and many went to jail and/or were fined. Not this time. Without the investigators in a fully funded group nothing is going to happen.
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08:20 PM on 12/13/2011
F&F

Instead of the FCIC, there should have been a special prosecutor, someone like William K. Black or Neil Barofsky, and the properly staffed group.
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01:47 PM on 12/13/2011
The FCIC budget was $ 6 million
The Clinton/Lewinsky investigation was $ 40 million