POSTED: November 17, 9:14 AM ET
Chris Goodney/Bloomberg via Getty Images
Had a quick piece of news I wanted to call attention to, in light of the
recent developments at Zuccotti Park. For all of those who say the
protesters have it wrong, and don't really have a cause worth causing
public unrest over, consider this story, sent to me by a friend on the Hill.
Last week, a federal judge in Mississippi sentenced a mother of two named
Anita
McLemore to three years in federal prison for lying on a government
application in order to obtain food stamps.
Apparently in this country you become ineligible to eat if you have a
record of criminal drug offenses. States have the option of opting out of
that federal ban, but Mississippi is not one of those states. Since
McLemore had four drug convictions in her past, she was ineligible to
receive food stamps, so she lied about her past in order to feed her two
children.
The total "cost" of her fraud was $4,367. She has paid the money back. But
paying the money back was not enough for federal Judge Henry Wingate.
Wingate had the option of sentencing McLemore according to federal
guidelines, which would have left her with a term of two months to eight
months, followed by probation. Not good enough! Wingate was so outraged by
McLemore's fraud that he decided to serve her up the deluxe vacation, using
another federal statute that permitted him to give her up to five years.
He ultimately gave her three years, saying, "The defendant's criminal
record is simply abominable …. She has been the beneficiary of government
generosity in state court."
Compare this court decision to the fraud settlements on Wall Street. Like
McLemore, fraud defendants like Citigroup, Goldman Sachs, and Deutsche Bank
have "been the beneficiary of government generosity." Goldman got $12.9
billion just through the AIG bailout. Citigroup got $45 billion, plus
hundreds of billions in government guarantees.
All of these companies have been repeatedly dragged into court for fraud,
and not one individual defendant has ever been forced to give back anything
like a significant portion of his ill-gotten gains. The closest we've come
is in a fraud case involving Citi, in which a pair of executives, Gary
Crittenden and Arthur Tildesley, were fined the token amounts of $100,000
and $80,000, respectively, for lying to shareholders about the extent of
Citi's debt.
Neither man was forced to admit to intentional fraud. Both got to keep
their jobs.
Anita McLemore, meanwhile, lied to feed her children, gave back every penny
of her "fraud" when she got caught, and is now going to do three years in
prison. Explain that, Eric Holder!
Here's another thing that boggles my mind: You get busted for drugs in this
country, and it turns out you can make yourself ineligible to receive food
stamps.
But you can be a serial fraud offender like Citigroup, which has repeatedly
been dragged into court for the same offenses and has repeatedly ignored
court injunctions to abstain from fraud, and this does not make you
ineligible to receive $45 billion in bailouts and other forms of federal
assistance.
This is the reason why all of these settlements allowing banks to walk away
without "admissions of wrongdoing" are particularly insidious. A normal
person, once he gets a felony conviction, immediately begins to lose his
rights as a citizen.
But white-collar criminals of the type we've seen in recent years on Wall
Street – both the individuals and the corporate "citizens" – do not suffer
these ramifications. They commit crimes without real consequence, allowing
them to retain access to the full smorgasbord of subsidies and financial
welfare programs that, let's face it, are the source of most of their
profits.
Why, I wonder, does a bank that has committed fraud multiple times get to
retain access to the Federal Reserve discount window? Why should Citigroup
and Goldman Sachs get to keep their status as Primary Dealers of U.S.
government debt? Are there not enough banks without extensive histories of
fraud and malfeasance that can be awarded these de facto subsidies?
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