Banks may be “Too Big To Fail”, But are Banksters Too Big To Jail?


As the Libor rigging scandal unfolds in the UK, it now looks like at least 20 banks world-wide have been  involved.  Iceland and now the UK are seeing and telling like it is, that this is a criminal conspiracy and those involved should be dealt with accordingly.  Let’s take a look at just ONE of the “bad boys” and review what has happened to them in the last few years. JP Morgan Chase’s “rap sheet” reads likes this:

$228 million fine of JP Morgan Chase for a bid-rigging scheme involving municipal bonds. The Chase ruling is the latest to come down in a series of fines involving a number of banks, including Bank of America and UBS. Read more: http://www.rollingstone.com/politics/blogs/taibblog/jp-morgan-chase-fine-another-slap-on-the-wrist-for-wall-street-20110708#ixzz1ztZyqSZ0

Let’s take a look at the specific details of just one of the sanctions.  This information is directly off of the Department of Treasury site. JPMorgan Chase Bank N.A. Settles Apparent Violations of Multiple Sanctions Programs: 

JPMorgan Chase Bank, N.A, New York, NY (“JPMC”) has agreed to remit $88,300,000 to settle potential civil liability for apparent violations of: the Cuban Assets Control Regulations (“CACR”), 31 C.F.R. part 515; the Weapons of Mass Destruction Proliferators Sanctions Regulations (“WMDPSR”), 31 C.F.R. part 544; Executive Order 13382, “Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters;” the Global Terrorism Sanctions Regulations (“GTSR”), 31 C.F.R. part 594; the Iranian Transactions Regulations (“ITR”), 31 C.F.R. part 560; the Sudanese Sanctions Regulations (“SSR”), 31 C.F.R. part 538; the Former Liberian Regime of Charles Taylor Sanctions Regulations (“FLRCTSR”), 31 C.F.R. part 593; and the Reporting, Procedures, and Penalties Regulations (“RPPR”), 31 C.F.R. part 501, that occurred between December 15, 2005, and March 1, 2011. This settlement covers the following apparent violations of the CACR, WMDPSR, and RPPR, which OFAC has determined were egregious:

JPMC processed 1,711 wire transfers totaling approximately $178.5 million between December 12, 2005, and March 31, 2006, involving Cuban persons in apparent violation of the CACR.  In November 2005, another U.S. financial institution alerted JPMC that JPMC might be processing wire transfers involving a Cuban national through one of its correspondent accounts.  After such notification, JPMC conducted an investigation into the wire transfers it had processed through the correspondent account.  The results of this investigation were reported to JPMC management and supervisory personnel, confirming that transfers of funds in which Cuba or a Cuban national had an interest were being made through the correspondent account at JPMC.  Nevertheless, the bank failed to take adequate steps to prevent further transfers.  JPMC did not voluntarily self-disclose these apparent violations of the CACR to OFAC.  As a result of these apparent violations, considerable economic benefit was conferred to sanctioned persons.  The base penalty for this set of apparent violations was $111,215,000.

On December 22, 2009, in apparent violation of the WMDPSR, JPMC made a trade loan valued at approximately $2.9 million to the bank issuer of a letter of credit in which the underlying transaction involved a vessel that had been identified as blocked pursuant to the WMDPSR due to its affiliation with the Islamic Republic of Iran Shipping Lines (“IRISL”).  Although JPMC supervisors and managers determined that this trade loan was likely an apparent violation of the WMDPSR and, in late December 2009, decided to submit a voluntary self-disclosure to OFAC, JPMC did not mail its voluntary self-disclosure until March 2010, three days prior to the date on which JPMC received repayment for the loan without OFAC guidance or authorization.  JPMC also failed to respond promptly and completely to an OFAC administrative subpoena seeking information on this transaction.  OFAC determined that JPMC made a voluntary self-disclosure of this apparent violation.  The base penalty for this apparent violation was $2,941,838.

The apparent violation of the RPPR occurred between November 8, 2010, and March 1, 2011.  On October 13, 2010, OFAC issued JPMC an administrative subpoena pursuant to section 501.602 of the RPPR directing JPMC to provide certain specified documents related to a specific wire transfer referencing “Khartoum.”  In response to this subpoena and a subsequent communication, JPMC compliance management failed to produce several responsive documents in JPMC’s possession, and repeatedly stated that JPMC had no additional responsive documents.  OFAC ultimately provided JPMC with a list of multiple responsive documents that OFAC had reason to believe were in JPMC’s possession based on communications with a third-party financial institution.  This prompted JPMC to correct its prior statements that the bank possessed no additional responsive documents and to produce more than 20 responsive documents.  JPMC did not voluntarily self-disclose the apparent violation of the RPPR to OFAC.  The base penalty for this apparent violation was $250,000.

In reaching its determination that the above-referenced apparent violations were egregious because of reckless acts or omissions by JPMC, OFAC considered all of the information in its possession related to these apparent violations, as well as the General Factors Affecting Administrative Action set forth in OFAC’s Economic Sanctions Enforcement Guidelines.  OFAC determined that JPMC is a very large, commercially sophisticated financial institution, and that JPMC managers and supervisors acted with knowledge of the conduct constituting the apparent violations and recklessly failed to exercise a minimal degree of caution or care with respect to JPMC’s U.S. sanctions obligations.

This settlement also covers the following apparent violations, which OFAC determined were not egregious:

Apparent violations of the ITR, GTSR, SSR, FLRCTSR, WMDPSR, and Executive Order 13382 arising out of its failure to appropriately block or reject nine wire transfers between April 27, 2006 and November 28, 2008, which totaled $609,308.  JPMC voluntarily self-disclosed five of these apparent violations to OFAC.

Apparent violations of the WMDPSR and SSR in which JPMC advised and confirmed a $2,707,432 letter of credit on April 24, 2009, in which the underlying transaction involved a vessel identified by OFAC as blocked due to its affiliation with IRISL, and a $79,308 letter of credit on January 29, 2008, involving goods destined for Sudan.  JPMC voluntarily self-disclosed these apparent violations to OFAC.

An apparent violation of the ITR consisting of a May 24, 2006 transfer of 32,000 ounces of gold bullion valued at approximately $20,560,000 to the benefit of a bank in Iran.  JPMC did not voluntarily self-disclose this matter to OFAC.

OFAC mitigated the total potential penalty based on JPMC’s substantial cooperation, including conducting an historical transaction review at OFAC’s request and entering into tolling agreements with OFAC, and the fact that OFAC had not issued a Penalty Notice or Finding of Violation against JPMC in the five years preceding the transactions at issue.  Mitigation was also extended because JPMC agreed to settle these apparent violations.

JP Morgan Chase fined $20m for mishandling Lehman Brothers funds. Government investigation finds Wall Street giant acted improperly ahead of Lehman’s collapse in 2008.  The fine is the first for a Wall Street firm related to the collapse of Lehman, the largest bankruptcy in US history. JP Morgan was a major lender to Lehman and has been under scrutiny since Lehman’s dramatic collapse on 15 September 2008. Lehman’s creditors have accused JP Morgan of siphoning off billions from the fallen bank in the days before it declared bankruptcy.  In other charges, the Commodity Futures Trading Commission (CFTC) said JP Morgan “improperly” held onto funds belonging to Lehman’s clients after the bank went bust.

JPMorgan Chase Fined $154 million in Goldman-Like Case.  JPMorgan agreed to pay $153.6 million to end a Securities and Exchange Commission suit. The SEC alleged that the New York- based bank failed to tell investors in 2007 that a hedge fund helped pick, and bet against, underlying securities in the collateralized debt obligation they purchased. In July, Goldman Sachs paid a record $550 million for failing to inform clients in 2007 that it allowed a hedge fund that also bet against housing to help.
Read more:
http://www.rollingstone.com/politics/blogs/taibblog/jpmorgan-chase-fined-154-million-in-goldman-like-case-20110622#ixzz1ztb1oS7j.

The Financial Services Authority fined one of London’s most high-profile investment bankers for alleged market abuse, the latest chapter in the U.K. regulator’s growing crackdown on insider trading.  In a statement Tuesday, the FSA said it has levied a £450,000 ($718,695) fine against Ian Hannam, a high-ranking investment banker at J.P. Morgan Chase & Co., for allegedly disclosing inside information about Heritage Oil PLC in 2008. At the time, Mr. Hannam was the lead adviser to the company, which had hired J.P. Morgan to seek a potential merger partner.

This is just a small sample of what is really going on with one of the major five.  I don’t want anyone, especially JPMC to think I have something just against them, but they are only a very visible example.  Bid Rigging, Money Laundering, Insider Trading, Bribery, Extortion have all been admitted to by JPMC and NO ONE HAS GONE TO JAIL!  WTF.  Folks, we have to wake up and realize that we cannot allow criminals running our banking system.  We must start demanding criminal sanctions for these institutions, and criminal sentences for the principles involved.  Criminal sanctions should include no Federal subsidies if convicted of a felony and loss of privilege of the backing of the Federal Reserve!

I know that we can’t get legislation passed because the banksters own the CONgress.  I know we can’t expect the regulators like the SEC will take action as their employees are either revolving door people from the banksters or they simply don’t have the resources or political support to do their job.

What to do?  DOJ and more specifically the FBI needs to start doing what we expect them to do.  We know they already have enough information from their on-going investigations.  Economists such as William Black and James Galbraith have repeatedly said, we cannot solve the economic crisis unless we throw the criminals who committed fraud in jail.

Nobel Prize winning economist George Akerlof has demonstrated that failure to punish white collar criminals – and instead bailing them out- creates incentives for more economic crimes and further destruction of the economy in the future. See this, this and this.

Nobel Prize winning economist Joseph Stiglitz just agreed. As Stiglitz told Yahoo’s Daily Finance on October 20th:

This is a really important point to understand from the point of view of our society. The legal system is supposed to be the codification of our norms and beliefs, things that we need to make our system work. If the legal system is seen as exploitative, then confidence in our whole system starts eroding. And that’s really the problem that’s going on.

So it is the FBI and DOJ that needs to hear from us to take the chance and really get interested in taking back our global banking system. So what they need to hear is a loud shout from us the people to “Let’s get this party started, do the raids.”  Look’em up, Hook’em up, and Lock’em up Boys!

Advertisements

Author: redhawk500

International business consultant, author, blogger, and student of life. After 35 years in business, trying to wake the world to a new reality. One of prosperity, abundance, and most importantly equal opportunity. it's time to redistribute wealth and power.

1 thought on “Banks may be “Too Big To Fail”, But are Banksters Too Big To Jail?”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s