As he also writes:
an army of superstar lawyers working on behalf of the banks descended upon federal judge Naomi Buchwald in the Southern District of New York...Davis Polk (home of top ex-regulators like former SEC enforcement chief Linda Thomsen) and Covington & Burling, the onetime private-practice home of both Holder and Breuer.
The presence of Covington & Burling in the suit – representing, of all companies, Citigroup, the former employer of current Treasury Secretary Jack Lew – was particularly galling. Right as the Libor case was being dismissed, the firm had hired none other than Lanny Breuer, the same Lanny Breuer who, just a few months before, was the assistant attorney general who had balked at criminally prosecuting UBS over Libor because, he said, "Our goal here is not to destroy a major financial institution."
That sounds like govt insiders who were once responsible for being on the prosecution now acting as defense, which sounds more banana-republic than democratic imo.
More credit default swaps please :D
"In late 1996, Marcy Engel, then a lawyer for Wall Street heavyweight Salomon Brothers Inc, fired off a warning letter to U.S. regulators: If they approved a Chicago Mercantile Exchange plan to change how a popular futures contract was priced, they would put at risk the integrity of a key interest rate in the global financial system."
"The problem with the CME's plan, as Engel saw it: The banks that set the rates in London daily were also able to take positions in the CME's Eurodollar contract. In her letter to the U.S. Commodity Futures Trading Commission, she said tethering the futures contract to Libor "might provide an opportunity for manipulation" of the interest rate. A "bank might be tempted to adjust its bids and offers ... to benefit its own positions."
http://www.reuters.com/article/2012/11/20/us-libor-fixing-or...
I'd like to think that if I did that myself --- it's possible I have, I'm a pretty undisciplined guy --- I'd apologize for it as soon as it was pointed out.
* Exchanges don't do "evil finance things". Exchanges are middlemen; not only are conflicts of interest legally prohibited, but also an easy way to lose business. LIBOR rigging was not good news for the CME.
* I have about as much loyalty to my former employer as any other hacker would have to a big corporation--that is, I think it's a valuable business, but I'm not going to go on the Internet and shill for them because of some sense of loyalty.
But finance discussion causes people to enter "good vs evil" mode. Go figure.
To call CME irrelevant is strange - it's the world’s largest futures exchange! The CME decision many years ago to link futures contracts to LIBOR may have inadvertently kick-started the entire scandal, because banks responsible for fixing LIBOR would also have trading positions, and thus might be tempted to rig things (which is what happened).
> Exchanges don't do "evil finance things".
Ask farmers: "...rampant dairy price rigging that occurs at the CME and hurts farmers and consumers across the U.S. and around the world. In 2008 the Commodity Futures Trading Commission (CFTC) found Dairy Farmers of America (DFA) guilty of price rigging at the CME and levied an unprecedented $12 million fine. Yet, these illegal trading practices continue at the CME." http://familyfarmers.org/?p=731
Or bullion traders: "As the operator of U.S. commodity futures markets; the CME Group has a quasi-regulatory capacity to ensure the markets are operated in a legitimate manner. A primary facet of this responsibility is to set “margin requirements” for trading positions in a manner which enhances market stability. However, for the second time in 24 months we have this market operator engaging in precisely the opposite manner: maliciously rigging margin position requirements in order to increase the current “instability” in precious metals markets – i.e. the downward pressure in prices." http://wallstreetsectorselector.com/2013/04/cme-group-destab...
> finance discussion causes people to enter "good vs evil" mode. Go figure.
Maybe farmers and bullion traders are just bad losers. Maybe brokers don't front-run their customers. Maybe banks who settle lawsuits are innocent. Or maybe Matt Taibbi is right and people have simply had enough of rampant financial fraud that goes unpunished.
The weird thing about this comment is that you appear to have researched it. You researched an attempt to defame another commenter on HN.
Someone else[1] first mentioned that the original poster once worked for CME. Anyone who has been following the LIBOR rigging story can see the irony.
You've now accused several people of defaming the original poster. Did you somehow forget that the topic of discussion is fraud in the financial markets?
You mean "finance discussions" from people who owed their income to the finance industry...and yet who want us to believe they are unbiased on the topic of the finance industry...this despite their well-thought out "discussion" in this thread of a criticism of the financial industry consisting not of any factual arguments, but only of completely unsupported horseshit like...wait for it... "Taibbi routinely lies..."?
I mean how could anyone even consider the idea "shill", is that what you're saying?
"Good vs evil"?
Go figure. Yeah, go fucking figure.
I mean, with the quality and depth of those kinds of comments, why would anyone ever even think to speculate about motivation and/or character here?
But maybe you, alone among all the other (I suppose) Taibbi advocates on this thread, would like to engage directly with my argument about his financial reporting?
> lawsuits must be lawful
It's not the "rule of law" part that's naive, it's the "democratic" part. We still have some semblance of the rule of law (although even that is starting to fray) but there is no more democracy in the U.S. We are a plutocracy, a government of the wealthy, by the wealthy, and for the wealthy. So it is unsurprising that what the banks are doing to rip people off is legal: the banks (and other big businesses) write the laws.
A close friend has been a public defender (criminal defense attorney) for 20 years. In her experience observing 20 years of cases, there's a direct correlation between wealth of the defendant and likelihood of getting off.
"The unspoken reality is that in America today there exists two systems of criminal justice. One for the wealthy, which includes kid-glove investigations, lackluster prosecutions, drug treatment, light sentences and easy, if any, prison time. The other, for the poor, is one of paramilitary policing, aggressive prosecution, harsh mandatory sentences and hard time. Wealth, and the political connec tions inherent to wealth, not race, is the determining factor in deciding which system one gets. This is most obvious when wealthy hip-hop artists and athletes, many of them black, are charged with serious crimes. Class trumps race every time, even if the wealth is new found..."
"... corporations can and do commit high crimes and misdemeanors with impunity. Likewise for governments and their agents, such as the police or military." — https://www.prisonlegalnews.org/(X(1)S(z3ez5uic5qiulf453pf34...
If this holds true for a black guy caught with a gun in NYC, why think it doesn't hold true for a finance guy conspiring against his clients?
Cheat your bookkeeping clients out of 10 grand and you're in the slammer, cheat cities or nations out of 10 billion and you might lose a couple tee times at the country club for depositions.
But your point is well taken.
Anyway it's not like the banks weren't fined and sued for amounts totaling billions under other laws. Usually it's considered unjust to throw things out on technicalities if there's no other remedy available, but that wasn't the case here.
EDIT: I just noticed the judge allowed part of the case to go forward under different laws! So Taibbi's claim is even more nonsensical than I initially thought.