Settlement Skulduggery

Settlement Skulduggery

Andy Koenig had a WSJ oped on a dependent plain getting far also footling attention. When the regime goes afterward big companies such every bit banks, too obtains huge out of courtroom settlements, only where does the coin go?
...In conjunction alongside the Justice Department, the RMBS Working Group ["a coalition of federal too lay down regulators too prosecutors"] has reached multibillion-dollar settlements alongside essentially every major banking concern inwards America.

...in Apr ... the Justice Department announced a $5.1 billion short town alongside Goldman Sachs. In Feb Morgan Stanley agreed to a $3.2 billion settlement. Previous targets were Citigroup ($7 billion), J.P. Morgan Chase ($13 billion), too Bank of America,... $16.65 billion...
The coin does non give-up the ghost to whatever private who demonstrably lost coin every bit a resultant of the banks' actions. Instead,
... a substantial part is allocated to private, nonprofit organizations drawn from a federally approved list. Some groups on the list—Catholic Charities, for instance—are relatively nonpolitical. Others—La Raza, the National Urban League, the National Community Reinvestment Coalition too more—are anything but.

...Many of these groups engage inwards voter registration, community organizing too lobbying on liberal policy priorities at every degree of government. They also furnish grants to other liberal groups non eligible for payouts nether the settlements...


...Most of the deals give double credit or to a greater extent than against the short town amount for every dollar inwards “donations.” Bank of America’s donation list—the exclusively banking concern to give away precisely where it sends its money—shows how this benefits liberal groups. The banking concern has too thus far given at to the lowest degree $1.15 1000000 to the National Urban League, which counts every bit if it were $2.6 1000000 against the bank’s settlement. Similarly, $1.5 1000000 to La Raza takes $3.5 1000000 off the full amount of “consumer relief” owed past times the bank...

As purpose of their “consumer relief” penalties, Bank of America too J.P. Morgan Chase must also pay a minimum $75 1000000 to Community Development Financial Institutions—taxpayer-funded groups propped upward past times the Obama direction every bit an choice to payday lenders. “Housing Counseling Agencies” also larn at to the lowest degree $30 million. This essentially circumvents Congress’s recent conclusion to cutting $43 1000000 inwards federal funds routed to these groups through the Department of Housing too Urban Development.

The politicians who negotiate the settlements every bit purpose of the RMBS Working Group direct hold also directed coin to their supporters too states. Illinois’s Democratic attorney full general Lisa Madigan announced she had secured $22.5 1000000 from February’s Morgan Stanley bargain for her state’s debt-ridden pension funds—a blatant payout to world unions. The deals alongside J.P. Morgan Chase, Bank of America too Citigroup yielded a farther $344 1000000 for both “consumer relief” too straight payments to pension funds.

New York hitting the jackpot too. Attorney General Eric Schneiderman, also a Democrat too chairman of the RMBS Working Group, arranged for Morgan Stanley to fork over $400 1000000 to New York nonprofits too $150 1000000 to the state.
I wrote nearly this quite a spell ago, when I was astonished to abide by the Federal Reserve going along alongside the DOJ too attorneys general, using its "safety too soundness" regulatory ability to forcefulness banks to give coin to activist groups.

This flush rings a few bells.

1) Regulation. What's incorrect alongside regulation too economical police clit is non truly "too much" or "too little" -- the touchstone onetime declaration --but how it industrial plant -- the steady politicization of economical police clit too regulation, the reject inwards rule-of-law protections, the increasing exercise of the Administrative lay down to forcefulness political compliance.

Why didn't the banks fight? Why didn't they object to where their coin was going? Why produce they (except B of A) non fifty-fifty give away their "charitable" contributions nether the settlement? The government, right away alongside the Fed along for the ride, tin truly brand their lives difficult, of course! Hefty speaking fees to probable political officials, a potent revolving door to Washington, too keeping the payments hole-and-corner are inexpensive investments to proceed this form of matter at bay.

2) Nonprofits. The world ikon of nonprofits are Red Cross, or Stanford. As you lot tin see, many "nonprofits" direct hold give-up the ghost a mode to funnel coin to politics.  I'd similar to larn rid of "nonprofits," or to the corporate revenue enhancement too estate revenue enhancement which creates nonprofits.  I mean value the expert ones volition survive. The exchange lawsuit should outweigh the income effect.

3) Spending. Another tired declaration is also much vs. also footling spending. But await how our regime manages to straight Influenza A virus subtype H5N1 to give to B, all the spell keeping the revenue enhancement too spending off the books.


What to do? Koenig suggests
... Rep. Bob Goodlatte (R., Va.) introduced a mouth inwards Apr that would foreclose regime officials from enforcing settlements that funnel coin to 3rd parties, too it needs to gain wider traction alongside his colleagues. The political shakedowns disguised every bit world service must end.
This does seem similar a exercise that Congress could end, this mode or others. Any coin paid inwards a legal short town must give-up the ghost to people truly wound past times the illegal action, or to the U.S. of A. Treasury.

There isn't a magic bullet. The dissolution of dominion of police clit has to live met by, well, laws alongside rules inwards them.
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