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Gen. Petraeus: Too Big to Jail
Gen. Petraeus: Too Big to Jail
From the Archive: Retired Gen. David Petraeus confessed on Thursday to giving sensitive government secrets to his mistress and then lying about it to the FBI, but will get no jail time, only two years probation and a fine, showing that he is too big to jail, as ex -CIA analyst Ray McGovern predicted in March.
By Ray McGovern (Originally published on March 5, 2015)
The leniency shown former CIA Director (and retired General) David Petraeus by the Justice Department in sparing him prison time for the serious crimes that he has committed puts him in the same preferential, immune-from-incarceration category as those running the financial institutions of Wall Street, where, incidentally, Petraeus now makes millions. By contrast, “lesser” folks – and particularly the brave men and women who disclose government crimes – get to serve time, even decades, in jail.
Petraeus is now a partner at KKR, a firm specializing in large leveraged buyouts, and his hand-slap guilty plea to a misdemeanor for mishandling government secrets should not interfere with his continued service at the firm. KKR’s founders originally worked at Bear Stearns, the institution that failed in early 2008 at the beginning of the meltdown of the investment banking industry later that year.
Despite manifestly corrupt practices like those of subprime mortgage lenders, none of those responsible went to jail after the 2008-09 financial collapse which cost millions of Americans their jobs and homes. The bailed-out banks were judged “too big to fail” and the bankers “too big to jail.”
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Making Me Pay For My Crimes Would Send “Message of Uncertainty to the Markets”: Bank President to Spanish Judge
Making Me Pay For My Crimes Would Send “Message of Uncertainty to the Markets”: Bank President to Spanish Judge
“It’s just a matter of time before injustice prevails…”
A Spanish judge by the name of Fernando Andreu recently violated one of the most important unwritten rules of global finance: namely, that banks and bankers are effectively immune to all laws of all lands (barring, of course, Iceland). As I reported roughly 10 days ago, Andreu had ordered Bankia, its parent company state-owned BFA, the bank’s former chairman, Rodrigo Rato, and three other former directors to pay an €800 million civil liability bond for signing off on fraudulent financial statements in the run up to the bank’s 2011 IPO.
If the defendants fail to cough up the full amount before March 13th, the authorities will embargo assets belonging to them with the equivalent market value. With the clock ticking down and the days flying by, it was just a matter of time before the defendants hit back – and hard!
The Banker Alibi
The first to hit back was Rodrigo Rato, the bank’s former chairman and one-time IMF president. In a 75-page notice of appeal that was leaked to the Spanish press, Rato cautioned that Judge Andreu’s “premature” decision to force the six defendants to compensate the thousands of shareholders they are accused of defrauding could end up provoking a “much greater evil” than that it is supposed to address.
In the worst case scenario, the document warns, it could send a “message of uncertainty to the markets,” which could in turn exert downward pressure (otherwise known as gravity) on the already semi-defunct bank’s share price. This is not the first time that a panicked banker has used this argument; indeed, it is the preferred alibi of all 21st-century banking racketeers.
The argument is simple:
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Spanish Judge Violates Global Rule, Makes Bank President & Former IMF Chief Pay for Financial Crimes
Spanish Judge Violates Global Rule, Makes Bank President & Former IMF Chief Pay for Financial Crimes
Bankers never go to jail. This is one of the unwritten new laws to which most of us have grown wearily accustomed in this new post-crisis reality. Also begrudgingly taken for granted is the fact that a banker’s fortune will never be seized or confiscated by the authorities; in today’s new Gilded Age a banker’s gains, whether ill-gotten or not, are his of hers until death do them part.
However, nobody seems to have told any of this to Fernando Andreu, the Spanish judge investigating Bankia’s allegedly fraudulent and for investors disastrous 2011 IPO. On Friday 13th, he ordered Bankia, its parent company BFA, the bank’s former chairman, Rodrigo Rato, its former deputy chairman, José Manuel Olivas, and former Bankia board members Francisco Verdú and José Manuel Fernández to pay an €800 million civil liability bond for signing off on the bank’s 2010 financial statements – financial statements that were included in the IPO brochure and “whose veracity is questioned with solid and well-founded evidence”.
Referring to a report prepared by Bank of Spain inspectors seconded to the court for the investigation, Judge Andreu said:
From the current experts’ report, it can be seen quite clearly that the financial statements contained in the Bankia IPO pamphlet did not represent a true image of the company.
Breaking with Convention
Two months ago, I wrote that Bankia’s saga of lies, deception, and fraud should (but probably won’t) culminate in the imprisonment of Rodrigo Rato, crippling fines for the auditors (Deloitte), and fireworks at financial regulators [Spanish Judge Exposes Too-Big-to-Fail Bank Robbery].
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