Corporate executives theoretically work for the owners of the company, namely, the shareholders. But there is an agency problem in that owners can’t closely manage and object to the actions of these executives. Collective owners, such as mutual funds, seem to have no interest in doing so. What we end up with is a management class that works for itself instead of on behalf of the owners of the publicly traded banks. Many of these executives committed crimes; got big bonuses for doing so; and paid huge fines using shareholder assets (the company cash) to help them avoid prosecution.<\/p>\n
Foreclosure fraud:<\/strong> Of all the crimes committed during the financial crisis and in its aftermath, this is one that should have been the easiest to identify and prosecute.\u00a0 Any bank that owns a mortgage with the debtor in default must follow a simple set of legal steps in order to foreclose. The procedure is time consuming, specific to each state’s laws and involves lawyers, so foreclosures are expensive.\u00a0 A simple reality of the rule of law. There are no shortcuts.<\/p>\n Except the banks took many short cuts and did so on purpose and with the goal of improperly expediting the process. They failed to review the documents of the mortgages they were foreclosing on, then told courts they had. They didn’t verify information, but claimed to have done so in sworn affidavits. They hired $8 an hour burger-flippers to \u201crobosign\u201d these documents, pretending the underlying legal work had been done. They knowingly used falsified records, some of which they bought en masse<\/em>. They were aided by a company called DocX, which had a price list of fabricated documents for use in court. (DocX, by the way, was eventually indicted on charges of mortgage fraud).<\/p>\n After creating phony dossiers on borrowers, the banks signed and notarized affidavits stating they had taken all of the legal steps. In many cases, even the notarizations were fakes. Submitting a falsified notarized affidavit to a court is perjury and fraud.<\/p>\n Of course, the burger-flippers who did the paperwork didn\u2019t think up the whole scheme — someone much higher did.\u00a0 Just one midlevel executive has been convicted at Bank of America, while scores of others have gone untouched.<\/p>\n Mortgage underwriting<\/strong>: Then there are the crimes committed in mortgage underwriting, where defects were knowingly ignored.\u00a0 Maybe the scale of the financial penalties bank agreed to pay had something to do with this inaction. Bank of America, for instance, using shareholder money, paid$16.65 billion to settle charges of fradulent mortgage originations.<\/p>\n Money Laundering<\/strong>: Banks have been laundering staggering sums of money for drug dealers and terrorists. These are deeply offensive, very illegal activities, and deserve not just penalties, but jail time. How much of this dirty money made its way through the banks? Perhaps as much as $1.6 trillion dollars.<\/p>\n \u2022 Market manipulation<\/strong>: We haven\u2019t even gotten to the manipulation of markets in violation of U.S and international law.<\/p>\n \u2022 Fraud, skimming and bid-rigging<\/strong>: Then there is just good old-fashioned fraud and bid-rigging: State Street Bank was accused to skimming money off pension transactions.\u00a0 BNY Mellon was accused to skimming money for fictitious foreign currency costs.<\/p>\n \u2022 Accounting fraud<\/strong>: Executives at banks have been found to cook their books.<\/p>\n <\/p>\n<\/div>\n<\/article>\n<\/div>\n <\/p>\n","protected":false},"excerpt":{"rendered":" Barry Ritholtz writes:\u00a0 The biggest reason so many financial felons escaped justice was that they dumped the cost of their criminal activities on the shareholder (never mind the taxpayer). Corporate executives theoretically work for the owners of the company, namely, … Continue reading ![\"Cooking](\"http:\/\/www.w-t-w.org\/en\/wp-content\/uploads\/2014\/09\/Cooking-Books-300x290.jpg\")
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