Too Big to Jail?
In an inexcusable move last week, the U.S. Department of Justice decided to forego any criminal prosecution of HSBC officials who willfully violated federal laws by allowing drug lords and terrorists to launder nearly a billion dollars in the United States and by failing to monitor billions more. Instead of criminal prosecutions, the Justice Department entered into a deferred prosecution agreement that allows the bank to simply pay a $1.92 billion fine, improve internal anti-money laundering controls, and submit to additional oversight from outside. The Justice Department has not prosecuted any employees of HSBC—no executives, no directors, no anti-money laundering compliance staff members, no one. By allowing these individuals to walk away without any real punishment, the department is declaring that crime actually does pay. It’s now just a cost of doing business for these big banks.
I wrote to the Attorney General expressing my shock and disappointment with the department’s actions. In my letter I wrote that, “What I have seen...
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