Tag: Justice

This Week In The Dream Antilles: Spare Troy Davis

On September 21, 2011, the State of Georgia plans to kill Troy Davis by lethal injection.  If it happens, this execution will not be an unusual event.  In Texas this year there have already been ten executions. In the United States this year there have been thirty-three executions.   In fact, there have been some days in 2011 when there were two executions.  But in general most, if not all of these killings have gone unnoticed.  It’s as if someone had pressed the mute button, so we could not hear the anguish or see the tears, so we could not see what was being done in our names.  

There were two executions planned in Texas this week. On September 13, 2011, Texas killed Steven Woods for 2001 a double murder.   And on September 15, 2011, it took the US Supreme Court’s last minute stay to stop the planned killing of Duane Buck.  Buck got some deserved attention because his death sentence included egregious “expert” testimony that Black people are more dangerous than whites.  But in general, state killing goes on largely unnoticed.  And without noticeable scrutiny.  Or opposition.

Troy Davis is an exception to the silence and what appears to be acquiescence to state killing.  Thank goodness.  And that may be because Troy Davis is likely innocent.  The case against him has  disintegrated since his trial.  It has fallen apart as witnesses recanted their testimony and explained the police coercion in interrogations that made them perjured themselves at his trial.  Troy Davis appears to be innocent, a circumstances that Justice Scalia has opined in this very case is of no constitutional significance.  Despite all of this Georgia relentlessly pursues killing him.  So Troy Davis has managed to attract attention, which he completely deserves, and has elicited remarkable and justified eloquence in his defense.  I wish others who have faced execution had received similar support, but I can understand completely why they have not.  And I am pleased that the execution of Troy Davis has evoked such strong opposition.

I have twice before written about Georgia’s desire to kill Troy Davis, on July 7, 2006 and onAugust 9, 2009, and here I am again more than five years later saying the same thing, trying to ask you to ask the State of Georgia to spare the same man, Troy Davis. I won’t repeat all the reasons.  

Troy Davis should be spared.

Alll I can do now is urge you, dear reader, to join the 663,000 people who have already signed a petition to go to spare Troy Davis by signing the NAACP petition and by taking the additional recommended steps to spare Troy Davis.

And also, please, whatever may happen to Troy Davis, please recognize that there are going to be more Troy Davises, recognized or not, as long as the United States has the death penalty.  The only way to prevent that is abolition of state killing.  Let’s spare Troy Davis.  And let’s also stop state killing.

This Week In The Dream Antilles is usually a weekly digest. Sometimes, like now, it is preemptede and is not actually a digest of essays posted in the past week at The Dream Antilles. For that you have to visit The Dream Antilles. Please leave a comment or click the “encouragement jar” so that your Bloguero will know that you stopped by. Your Bloguero likes to know you’ve visited.

No Liability For Banks

It is becoming quite apparent the New York State Attorney General Eric Scheiderman was right about the 50 state AG negotiations to settle the mortgage backed securities fraud. It will shield the banks from liability despite denial by Iowa Ag Tom Miller and others that it would not:

“The negotiation committee, working on behalf of all 50 states, does not have any intention of constraining the office of the New York attorney general in any way, has not tried to do so and could not do so,” Miller said. “Schneiderman was removed from the executive committee because he has, over the last several months, undermined our efforts to reach an agreement.”

In a Financial Times article on Labor Day by Shahien Nasiripour puts an end to that myth:

The talks aim to settle allegations that banks including Bank of America, JPMorgan Chase, Wells Fargo, Citigroup and Ally Financial seized the homes of delinquent borrowers and broke state laws by employing so-called “robosigners”, workers who signed off on foreclosure documents en masse without reviewing the paperwork.

State prosecutors have proposed effectively releasing the companies from legal liability for allegedly wrongful securitisation practices, according to five people with direct knowledge of the discussions.

Some state officials have expressed concern that they have offered the banks far too broad a release from liability. . . . . .

The worry over the states’ counterproposal stems from its treatment of loan documents. The term sheet proposes to release the banks from legal liability over how mortgage documents were maintained, prepared and transferred, people familiar with the matter said.

Though the counteroffer attempts to release the banks from liability with respect to home repossessions, and explicitly states that the release does not include securitisation claims, the language is broad enough in that it could prevent state officials from bringing securitisation claims in the future should they sign up to the agreement.

At the heart of securitisation claims, which involve missteps in how home mortgages were bundled into bonds, are allegations that the banks did not properly maintain and transfer documents from one step in the complicated chain to the next.

If banks are released from liability regarding documentation practices, some industry officials believe they would be able to evade state lawsuits directed at how they bundled the loans into securities.

Robert Sheer observed This proposed a settlement for a pittance of $20 billion is chump change compared what the banks reaped in “direct cash subsidies, virtually zero-interest loans, and the Fed took $2 trillion in bad paper off their hands while the banks exacerbated the banking crisis they had created through additional shady practices.

Matt Taibbi noted, too, that the banks are getting off the hook for really odious offenses:

   The idea behind this federally-guided “settlement” is to concentrate and centralize all the legal exposure accrued by this generation of grotesque banker corruption in one place, put one single price tag on it that everyone can live with, and then stuff the details into a titanium canister before shooting it into deep space.

   This is all about protecting the banks from future enforcement actions on both the civil and criminal sides. The plan is to provide year-after-year, repeat-offending banks like Bank of America with cost certainty… and will also get to know for sure that there are no more criminal investigations in the pipeline.

ship

To give you an indication of how absurdly small a number even $20 billion is relative to the sums of money the banks made unloading worthless crap subprime assets on foreigners, pension funds and other unsuspecting suckers around the world, consider this: in 2008 alone, the state pension fund of Florida, all by itself, lost more than three times that amount ($62 billion) thanks in significant part to investments in these deadly MBS.

The White House and AG Miller are doing everything in their power to discredit Schneiderman and block further investigations that could lead to recovering more than 20 pieces of silver.

Holding The Banks Accountable

President Obama’s jettisoning the EPA regulations dominated the Friday news dump. What was buried in the usual media hullabaloo was this:

FHFA Sues 17 Firms to Recover Losses toFannie Mae and Freddie Mac

Apparently the FHFA has found something that this White House hasn’t, the courage to hold the banks accountable for the losses from the sale of mortgage backed securities (MBS) to Fannie Mae and Freddie Mac. The suit surpasses the $20 billion settlement that the 50 state AG settlement is reportedly attempting to extract from the banks for a liability release over ALL issues in foreclosure fraud.

The lawsuits cover $105 billion worth of securities, and FHFA wants returns on some portion of the losses taken on the securities, which they attribute to illegal actions by the banks when they sold the MBS (specifically, misrepresentations about the underlying loans). Earlier reports said that the losses for Fannie and Freddie on private-label MBS came to around $30 billion, so that’s probably around what they will ask for. The LA Times story puts it at $41 billion in losses. Whatever the number, this is more than the 50 state AG settlement is reportedly attempting to extract from the banks for a liability release over ALL issues in foreclosure fraud. And this is just a representations and warrants case.

This may derail the 50 state AG attempts at an agreement that absolves banks from any liability:

The biggest banks are already negotiating with the attorneys general of all 50 states to address mortgage abuses. They are looking for a comprehensive settlement that will protect them from future litigation and limit their potential mortgage litigation losses.

“This new litigation could disrupt the AG settlement,” said Anthony Sanders, finance professor at George Mason University and a former mortgage bond strategist.

Banks may be more reluctant to agree to a settlement if they know litigation from other government players could still wallop their capital, he said.

As David Dayen so astutely observes:

. . . . FHFA is just a canary in the coalmine for the losses and the liability that these banks are holding because of their actions in mortgage origination, securitization, and servicing. You cannot have a banking sector with this many liabilities and expect a robust, well-functioning economy. This action is necessary for the rule of law as well as for the health of the nation.

(emphasis mine)

Even better would be some of the people involved being held responsible and sent to prison.

Obama’s War On American Values

In June of 2007, John A. Rizzo had been the C.I.A’s acting general counsel on and off for most of the past six years, including the period in 2002 when the Bush administration was constructing a legal foundation for the agency’s then secret detention and interrogation program. As acting council, it was Mr. Rizzo has guided many agency leaders on the legal labyrinth of clandestine operations and the often ensuing investigations.

During his confirmation hearing’s for the permanent post before the Democratic controlled Senate Intelligence Committee, Senate Democrats pressed Mr. Rizzo about whether he agreed with a 2002 Justice Department memorandum that gave legal guidance to the C.I.A. program. The memorandum argued that nothing short of the pain associated with organ failure constituted illegal torture. The memorandum had been issued at the request from the agency on the use of interrogation techniques, such as waterboarding, in secret detention centers overseas. While Mr, Rizzo testified that at the time he did not object to the memorandum, he told the Senators that he now felt that it was overly broad. In September, just before the was to vote to reject him for the position, the White House withdrew the nomination without explanation. Mr. Rizzo remained in his position until the Summer of 2009 when he retired after 30 years.

Now two years since his departure, Mr. Rizzo granted an interview to PBS’s Frontline, “Top Secret America” on September 6 and what he is saying further confirms that President Barack Obama has lied, and continues to lie, to the American people about the CIA’s secret programs and who knows what else.

   I was part of the transition briefings of the incoming Obama team, and they signaled fairly early on that the incoming president believed in a vigorous, aggressive, continuing counterterrorism effort. Although they never said it exactly, it was clear that the interrogation program was going away. We all knew that.

   But his people were signaling to us, I think partly to try to assure us that they weren’t going to come in and dismantle the place, that they were going to be just as tough, if not tougher, than the Bush people.

snip

With a notable exception of the enhanced interrogation program, the incoming Obama administration changed virtually nothing with respect to existing CIA programs and operations. Things continued. Authorities were continued that were originally granted by President Bush beginning shortly after 9/11. Those were all picked up, reviewed and endorsed by the Obama administration.

As a candidate, President Obama had promised “a top to bottom review of the threats we face and our abilities to confront them.” He pledged to overhaul of the Bush administration’s war on terror, which he criticized for compromising American values. He had also promised in 2008, that he would filibuster the reauthorization of FISA without major reforms. He lied then, too, voting for the act’s renewal and “promising”to say, to fix it later. Needless  FISA not been “fixed” nor has the Patriot Act which has been extended for four years, unamended, at the president’s request. For this Mr. Obama has garnered the approval of admitted war criminal and former Bush Vice President, Dick Cheney who proudly proclaimed in an interview with Politico’s Mike Allen

“[Obama] ultimately had to adopt many of the same policies that we had been pursuing because that was the most effective way to defend the nation.”

Obama has continues these core Bush/Cheney Terrorism policies, strengthening them and  converting them from right-wing dogma into bipartisan consensus. Dick Cheney must be so proud.

 

On The Wrong Side Of The Rule Of Law

Once again the President who campaign on the restoration of the rule of law falls on the wrong side. The New York Times writer, Gretchen Morgensen, revealed in an article that the Obama Justice Department and Housing and Urban Development were putting pressure on New York State Attorney General Eric Schneiderman to drop his investigation into the banking industries foreclosure fraud that led to the economic housing crisis:

Eric T. Schneiderman, the attorney general of New York, has come under increasing pressure from the Obama administration to drop his opposition to a wide-ranging state settlement with banks over dubious foreclosure practices, according to people briefed on discussions about the deal.

In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks.

Mr. Schneiderman and top prosecutors in some other states have objected to the proposed settlement with major banks, saying it would restrict their ability to investigate and prosecute wrongdoing in a variety of areas, including the bundling of loans in mortgage securities.

But Mr. Donovan and others in the administration have been contacting not only Mr. Schneiderman but his allies, including consumer groups and advocates for borrowers, seeking help to secure the attorney general’s participation in the deal, these people said. One recipient described the calls from Mr. Donovan, but asked not to be identified for fear of retaliation.

In other words, this is going to take too long and we have an election to finance. Please, do not piss off the banksters, they’re the only ones with money.

Obama administration doesn’t want to help the homeowners or prosecute those who committed this fraud, as David Dayen so bluntly states, they want to “white wash the fraud”:

The White House must think that if they can get Schneiderman, the AG with the most leverage over the talks by virtue of New York’s important position with respect to mortgage securitization, to bend, they can roll the rest as well. The WSJ article says that federal officials have a Labor Day target date for a settlement, and that they’ll continue “outreach” to all AGs. I bet they will.

The banks want at least 40 states signing off on this settlement before they agree to it. I can think of at least 10 AGs right now who wouldn’t agree to the broadest terms. Democrats Madigan, Schneiderman, Delaware’s Beau Biden (the VP’s son, who has joined Schneiderman on his intervention into the Bank of America settlement with investors over mortgage backed securities), Massachusetts’ Martha Coakley and Nevada’s Catherine Cortez Masto are on the record against a broad liability release in one way or another, and others like Washington’s Rob McKenna (R), Colorado’s John Suthers (R), California’s Kamala Harris, and even Utah’s Mark Shurtleff (R) and Michigan’s Bill Schuette (R) have active investigations or lawsuits on this issue. That’s an incomplete list off the top of my head. And if you add Republican anti-government types who don’t want to see any monetary penalty at all, you might not get to 25 in favor.

Of course this has earned a couple of people the dubious honor of not being named “wankers” but two of the worst people by Dayen and our man of few words, Atrios.

From Dayen the honor goes to Kathryn S. Wylde, board member of the Federal Reserve Bank of New York:

   The lawsuit angered Bank of New York Mellon, and as Mr. Schneiderman was leaving the memorial service last week for Hugh Carey, the former New York governor who died Aug. 7, an attendee said Mr. Schneiderman became embroiled in a contentious conversation with Kathryn S. Wylde, a member of the board of the Federal Reserve Bank of New York who represents the public. Ms. Wylde, who has criticized Mr. Schneiderman for bringing the lawsuit, is also chief executive of the Partnership for New York City. The New York Fed has supported the proposed $8.5 billion settlement {…}

   Characterizing her conversation with Mr. Schneiderman that day as “not unpleasant,” Ms. Wylde said in an interview on Thursday that she had told the attorney general “it is of concern to the industry that instead of trying to facilitate resolving these issues, you seem to be throwing a wrench into it. Wall Street is our Main Street – love ’em or hate ’em. They are important and we have to make sure we are doing everything we can to support them unless they are doing something indefensible.”

And from Atrios, his honor goes to HUD Secretary Shaun Donovan for this gem:

In recent weeks, Shaun Donovan, the secretary of Housing and Urban Development, and high-level Justice Department officials have been waging an intensifying campaign to try to persuade the attorney general to support the settlement, said the people briefed on the talks. … In an interview on Friday, Mr. Donovan defended his discussions with the attorney general, saying they were motivated by a desire to speed up help for troubled homeowners. But he said he had not spoken to bank officials or their representatives about trying to persuade Mr. Schneiderman to get on board with the deal.

Remember HAMP? Right. They just want to help.

Ratings Agency Under Investigation By DOJ

This is a start. But will it even get off the ground considering that it might lead to the prosecution of the banksters that are the root cause of this recession.

U.S. Inquiry Is Said to Focus on S.&P. Ratings

By Louise Story

The Justice Department is investigating whether the nation’s largest credit ratings agency, Standard & Poor’s, improperly rated dozens of mortgage securities in the years leading up to the financial crisis, according to two people interviewed by the government and another briefed on such interviews.

The investigation began before Standard & Poor’s cut the United States’ AAA credit rating this month, but it is likely to add fuel to the political firestorm that has surrounded that action. Lawmakers and some administration officials have since questioned the agency’s secretive process, its credibility and the competence of its analysts, claiming to have found an error in its debt calculations.

In the mortgage inquiry, the Justice Department has been asking about instances in which the company’s analysts wanted to award lower ratings on mortgage bonds but may have been overruled by other S.& P. business managers, according to the people with knowledge of the interviews. If the government finds enough evidence to support such a case, which is likely to be a civil case, it could undercut S.& P.’s longstanding claim that its analysts act independently from business concerns.

At Rolling Stone, Matt Taibbi has a in depth article of how the SEC, itself, ending and covering up investigations into Wall St. and the banking industry, as well as, the destruction of the evidence, over the last to decades that contributed to the financial crisis:

For the past two decades, according to a whistle-blower at the SEC who recently came forward to Congress, the agency has been systematically destroying records of its preliminary investigations once they are closed. By whitewashing the files of some of the nation’s worst financial criminals, the SEC has kept an entire generation of federal investigators in the dark about past inquiries into insider trading, fraud and market manipulation against companies like Goldman Sachs, Deutsche Bank and AIG. With a few strokes of the keyboard, the evidence gathered during thousands of investigations – “18,000 … including Madoff,” as one high-ranking SEC official put it during a panicked meeting about the destruction – has apparently disappeared forever into the wormhole of history.

Under a deal the SEC worked out with the National Archives and Records Administration, all of the agency’s records – “including case files relating to preliminary investigations” – are supposed to be maintained for at least 25 years. But the SEC, using history-altering practices that for once actually deserve the overused and usually hysterical term “Orwellian,” devised an elaborate and possibly illegal system under which staffers were directed to dispose of the documents from any preliminary inquiry that did not receive approval from senior staff to become a full-blown, formal investigation. Amazingly, the wholesale destruction of the cases – known as MUIs, or “Matters Under Inquiry” – was not something done on the sly, in secret. The enforcement division of the SEC even spelled out the procedure in writing, on the commission’s internal website. “After you have closed a MUI that has not become an investigation,” the site advised staffers, “you should dispose of any documents obtained in connection with the MUI.”

Many of the destroyed files involved companies and individuals who would later play prominent roles in the economic meltdown of 2008. Two MUIs involving con artist Bernie Madoff vanished. So did a 2002 inquiry into financial fraud at Lehman Brothers, as well as a 2005 case of insider trading at the same soon-to-be-bankrupt bank. A 2009 preliminary investigation of insider trading by Goldman Sachs was deleted, along with records for at least three cases involving the infamous hedge fund SAC Capital.

The widespread destruction of records was brought to the attention of Congress in July, when an SEC attorney named Darcy Flynn decided to blow the whistle. According to Flynn, who was responsible for helping to manage the commission’s records, the SEC has been destroying records of preliminary investigations since at least 1993. After he alerted NARA to the problem, Flynn reports, senior staff at the SEC scrambled to hide the

The article is five fascinating pages that lays out the the revolving door of the SEC managers from the agency to the banks and Wall St. positions and back to the SEC as investigators. Another case of the felons in charge of the investigation of their own criminal activity.

Obama’s DOJ Still Covering Up War Crimes

Last week during his confirmation hearings before the Senate Intelligence Committee, Gen. David Petraeus held that the US should keep the door open for torture. This week the Obama Justice Department determined that only two detainee deaths under investigation by specially appointed prosecutor, John H. Durham would warrant any further action:

The Justice Department announced Thursday that it was opening a full criminal investigation into the deaths of two terrorism suspects in C.I.A. custody overseas, but it was closing inquiries into the treatment of nearly 100 other detainees over the last decade.

Attorney General Eric H. Holder Jr. said that a two-year review by a specially appointed prosecutor, John H. Durham, had determined that any further investigation into that large group of cases “is not warranted.” The inquiry into the two deaths, though, could result in criminal charges against Central Intelligence Agency officers or contractors.

Intelligence officials saw the announcement as a vindication of sorts.

The stench of hypocrisy of President Obama is hard to ignore. His “looking forward” stand does not wash in the International courts nor does making flowery statements on International Torture Day when he is covering up the Bush regime and CIA war crimes:

As we mark the anniversary of the United Nations’ Convention Against Torture, I join people around the world in honoring the victims of torture, paying tribute to all those who are courageously working to eradicate these inhuman practices from our world, and reaffirming the commitment of the United States to achieving this important goal. . . . .

As a nation that played a leading role in the effort to bring this treaty into force, the United States will remain a leader in the effort to end torture around the world and to address the needs of torture victims.

That’s not just hypocrisy, it an outrageous lie. Since his election, Obama has made it clear that he would cover any and all crimes committed by the previous administration and since his inauguration has embraced and expanded some of those very same policies.

From Glenn Greenwald, it is now official, “torture crimes are now officially covered up”:

In August, 2009, Attorney General Eric Holder — under continuous, aggressive prodding by the Obama White House —announced that three categories of individuals responsible for Bush-era torture crimes would be fully immunized from any form of criminal investigation and prosecution:  (1) Bush officials who ordered the torture (Bush, Cheney, Rice, Powell, Ashcroft, Rumsfeld); (2) Bush lawyers who legally approved it (Yoo, Bybee, Levin), and (3) those in the CIA and the military who tortured within the confines of the permission slips they were given by those officials and lawyers (i.e., “good-faith” torturers).  The one exception to this sweeping immunity was that low-level CIA agents and servicemembers who went so far beyond the torture permission slips as to basically commit brutal, unauthorized murder would be subject to a “preliminary review” to determine if a full investigation was warranted — in other words, the Abu Ghraib model of justice was being applied, where only low-ranking scapegoats would be subject to possible punishment while high-level officials would be protected.

It is very clear that those who ordered the use of torture will not be held accountable and with the appointment of Gen. Petraeus as director of the CIA, it will most likely continue under the Obama administration. Under the Nuremberg Principles and the UN Convention Against Torture, Mr. Obama could be prosecuted for war crimes and crmes against humanity.

The Reason We Need Wikileaks

Now more than ever, the reason for Wikileaks to exist: the preservation of what remains of the rule of law and the US Constitution. From Marcy Wheeler at FDL:

SCOTUS: Govt Can Use State Secrets to Hide Crimes

SCOTUS just declined to take the Jeppesen Dataplan suit.

The high court rejected an appeal by five men who claimed that U.S. operatives-with support from Jeppesen Dataplan Inc., a Boeing unit-abducted them and sent them to other countries where they were tortured. They alleged Jeppesen provided critical flight planning and logistical support to the CIA’s “extraordinary rendition” program. The men were seeking unspecified monetary damages from the company.

This effectively means that men like Binyam Mohamed, who the Brits have admitted was tortured after being rendered, cannot sue for redress. And the ruling is particularly egregious since a Jeppesen executive admitted that his company was flying rendition flights.

In effect, SCOTUS’ decision not to take this case leaves in place state secrets precedent that allows the government to commit grave crimes, but hide behind state secrets.

Update: The Brennan Center and a bunch of other crazy hippies who believe in rule of law wrote a letter in response to SCOTUS’ decision to DOJ reminding them that, per their purported state secrets policy, credible allegations of wrong-doing must be referred to the Inspectors General of the relevant agencies for investigation.

snip

This is me officially holding my breath for the Obama Administration to do what they promised on this front.

Don’t hold your breath, Marcy. I have no expectations of the Obama administrations doing anything they promised regarding the rule of law and the Constitution. Dick Cheney must be proud.

DOJ Ignoring Grand Theft Wall Street

Former New York governor and attorney general general, now CNN talk show host Eliot Spitzer appeared on Anderson Cooper’s “360” with “Rolling Stone” editor and blogger, Matt Taibbi discussing the two year investigation of the financial institutions that “plunged the U.S. economy into a painful recession”. The Senate subcommittee’s 650 page report that was released on April 13th is a scathing indictment of cover-ups,  lies, the conflict of interest of regulators and the cozy relationship with ratings agencies. During the discussion, Spitzer challenged Attorney General Eric Holder to either prosecute Goldman Sachs or resign:

SPITZER: Senator, I’m going to take a leap. I’m going to say it out loud. Very directly.

   Goldman Sachs, you lied to the public. You lied to your clients. You’ve got a problem. You come on the show. Sue me. I don’t care. You lied to the public, you should be prosecuted.

   I’m going to say it right now. And I hope they are.

It isn’t surprising that the “powers that be” went after Spitzer because this is the man who should be the US Attorney General.

Goldman Sachs and Criminal Fraud

Oh, wouldn’t this be lovely? Now lets see if Timmy and Bill can convince Eric that there is nothing to see here.

Goldman Sachs Misled Congress After Duping Clients, Levin Says

Goldman Sachs Group Inc. (GS) misled clients and Congress about the firm’s bets on securities tied to the housing market, the chairman of the U.S. Senate panel that investigated the causes of the financial crisis said.

Senator Carl Levin, releasing the findings of a two-year inquiry yesterday, said he wants the Justice Department and the Securities and Exchange Commission to examine whether Goldman Sachs violated the law by misleading clients who bought the complex securities known as collateralized debt obligations without knowing the firm would benefit if they fell in value.

The Michigan Democrat also said federal prosecutors should review whether to bring perjury charges against Goldman Sachs Chief Executive Officer Lloyd Blankfein and other current and former employees who testified in Congress last year. Levin said they denied under oath that Goldman Sachs took a financial position against the mortgage market solely for its own profit, statements the senator said were untrue.

Goldman criticised in US Senate report

By Tom Braithwaite in Washington and Francesco Guerrera and Justin Baer in New York,

Financial Times

April 14 2011 00:15 | Last updated: April 14 2011 00:15

US Senate investigators probing the financial crisis will refer evidence about Wall Street institutions including Goldman Sachs and Deutsche Bank to the justice department for possible criminal investigations, officials said on Wednesday.

Carl Levin, Democratic chairman of the powerful Senate permanent subcommittee on investigations, said a two-year probe found that banks mis-sold mortgage-backed securities and misled investors and lawmakers.

“We will be referring this matter to the justice department and to the SEC (Securities and Exchange Commission),” he said. “In my judgment, Goldman clearly misled their clients and they misled Congress.”

Last year, Goldman paid $550m to settle SEC allegations that it defrauded investors in Abacus, a complex security linked to subprime mortgages.

Naming Culprits in the Financial Crisis

By Gretchen Morgenson and Louise Story

New York Times

A voluminous report on the financial crisis by the United States Senate – citing internal documents and private communications of bank executives, regulators, credit ratings agencies and investors – describes business practices that were rife with conflicts during the mortgage mania and reckless activities that were ignored inside the banks and among their federal regulators.  

The 650-page report, “Wall Street and the Financial Crisis: Anatomy of a Financial Collapse,” was released Wednesday by the Senate Permanent Subcommittee on Investigations…

…The result of two years’ work, the report focuses on an array of institutions with central roles in the mortgage crisis: Washington Mutual, an aggressive mortgage lender that collapsed in 2008; the Office of Thrift Supervision, a regulator; the credit ratings agencies Standard & Poor’s and Moody’s Investors Service; and the investment banks Goldman Sachs and Deutsche Bank.

“The report pulls back the curtain on shoddy, risky, deceptive practices on the part of a lot of major financial institutions,” Mr. Levin said in an interview. “The overwhelming evidence is that those institutions deceived their clients and deceived the public, and they were aided and abetted by deferential regulators and credit ratings agencies who had conflicts of interest.”

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