Jamie Dimon: Inspiring Fear Among “Wealthy Private Clients” Even in Disgrace

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I’ve got that wonderfully satisfied yet mildly sick feeling I used to get after eating too many sweets as a kid, what with all the schadenfreude directed at Jamie Dimon and his $2 billion loss.

But I’m particularly struck by this story, in which Gretchen Morgenson recounts how Jamie DImon called Paul Volcker and Richard Fisher “infantile” at a party a month ago, for warning about Too Big To Fail banks. That piece of news, like all the rest, added to my sugar buzz. But I was struck by this passage, describing Morgenson’s sources.

The party, sponsored by JPMorgan for a group of its wealthy private clients, took place at the sumptuous Mansion on Turtle Creek hotel. Mr. Dimon was on hand to thank the guests for their patronage and their trust.

During the party, Mr. Dimon took questions from the crowd, according to an attendee who spoke on condition of anonymity for fear of alienating the bank. One guest asked about the problem of too-big-to-fail banks and the arguments made by Mr. Volcker and Mr. Fisher.

Mr. Dimon responded that he had just two words to describe them: “infantile” and “nonfactual.” He went on to lambaste Mr. Fisher further, according to the attendee. Some in the room were taken aback by the comments.

That is, Morgenson’s source(s) is not some entry level trader. He or she is a private client, a very rich person, whom Dimon was brought in to suck up to. Not just suck up to, but “thank … for their trust.”

Here we are a month later and Dimon and JPM generally have proven that trust was misplaced. If it were me, I’d be pulling my money out of JPM before Dimon pulls an MF Global with it. Yet even still, this very rich person is afraid of “alienating the bank.”

Not that that’s surprising. After all, Goldman Sachs still commands the kind of fear that leads people to invest with it, even after it became clear it was suckering clients to buy shitpile that it could then short.

Still, if there’s a sign of just how perverse our finance system is right now, it’s that the rich people Dimon is supposed to be sucking up to actually fear him, even after he has been disgraced.

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Whose Illicit Money Did Citi Help Launder?

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Back when the story of how Wachovia helped drug cartels launder money was breaking in 2010, reports said that cartels had also used Citi to launder their money.

A Mexican judge on Jan. 22 accused the owners of six centros cambiarios, or money changers, in Culiacan and Tijuana of laundering drug funds through their accounts at the Mexican units of Banco Santander SA, Citigroup Inc. and HSBC, according to court documents filed in the case.

Citigroup, HSBC and Santander, which is the largest Spanish bank by assets, weren’t accused of any wrongdoing. The three banks say Mexican law bars them from commenting on the case, adding that they each carefully enforce anti-money-laundering programs.

HSBC has stopped accepting dollar deposits in Mexico, and Citigroup no longer allows non-customers to change dollars there. Citigroup detected suspicious activity in the Tijuana accounts, reported it to regulators and closed the accounts, Citigroup spokesman Paulo Carreno says.

At the time, it seemed that Citi had reported the attempted money laundering as required by US bank secrecy laws.

I guess they didn’t report everything they were supposed to. The Office of the Comptroller and the Currency, Citi’s regulator, just announced a cease and desist order covering inadequacies in Citi’s anti-money laundering compliance.

(3) Some of the critical deficiencies in the elements of the Bank’s BSA/AML compliance program include the following:
(a) The Bank has internal control weaknesses including the incomplete identification of high risk customers in multiple areas of the bank, inability to assess and monitor client relationships on a bank-wide basis, inadequate scope of periodic reviews of customers, weaknesses in the scope and documentation of the validation and optimization process applied to the automated transaction monitoring system, and inadequate customer due diligence;
(b) The Bank failed to adequately conduct customer due diligence and enhanced due diligence on its foreign correspondent customers, its retail banking customers, and its international personal banking customers and did not properly obtain and analyze information to ascertain the risk and expected activity of particular customers;
(c) The Bank self-reported to the OCC that from 2006 through 2010, the Bank failed to adequately monitor its remote deposit capture/international cash letter instrument processing in connection with foreign correspondent banking;
(d) As a result of that inadequate monitoring, the Bank failed to file timely SARs involving remote deposit capture/international cash letter activity in its foreign correspondent banking business; and
(e) The Bank’s independent BSA/AML audit function failed to identify systemic deficiencies found by the OCC during the examination process. [my emphasis]

Note that among other things, Citi took this opportunity to ‘fess up to not adequately monitoring the use of cash letters (see this article for a description of how cash letters are used in money laundering) in the 2006-2010 period. You know? The period when Citi was reeling because it had invested too deeply in shitpile?

Now maybe in the near future, Treasury will release a similar notice telling us whether all this negligence on Citi’s part only could have–or actually did–help some nefarious types launder money. But for now, OCC’s not telling. Nor is OCC fining Citi (which they would normally do if Citi violates this consent order–banks, you see, get do-overs when they fuck up).

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David Gregory & NBC Give John McCain Blowjob; Screw Americans

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Saturday evening, the New York Times put up an important editorial, The Banks Win Again, on its website regarding the financial crisis, an editorial piece that would be key in their Sunday Morning Edition Opinion Section:

Last week was a big one for the banks. On Monday, the foreclosure settlement between the big banks and federal and state officials was filed in federal court, and it is now awaiting a judge’s all-but-certain approval. On Tuesday, the Federal Reserve announced the much-anticipated results of the latest round of bank stress tests.

How did the banks do on both? Pretty well, thank you — and better than homeowners and American taxpayers.

That is not only unfair, given banks’ huge culpability in the mortgage bubble and financial meltdown. It also means that homeowners and the economy still need more relief, and that the banks, without more meaningful punishment, will not be deterred from the next round of misbehavior.

The nation is on the cusp on having the government, both federal and states, sign off on arguably the biggest financial fraud on the American public in history, and doing so in a way that massively rewards the offending financial institutions and refuses serious investigation, much less prosecution, of any participants perpetrating the conduct. This pattern of craven conduct cratered not just the US economy, but most of the world economy.

In the face of all this, David Gregory and MTP had on the Sunday morning show one of the most senior Senators in the United States Senate, John McCain, who serves as a key member of both the Governmental Affairs and Health, Education, Labor and Pensions Committees, both of which Read more →

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As Government Releases Evidence of Systemic Mortgage Fraud, FBI Focuses on Distressed Homeowner Fraud

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Why isn't Jamie Dimon on this Most Wanted poster?

The Administration finally released the HUD Inspector General Reports that consist of the only investigation of foreclosure fraud conducted as part of the foreclosure settlement.

I’ll probably have more to say about the reports tomorrow. But here’s a hint. The Wells Fargo report describes WF management refusing almost all cooperation.

Wells Fargo provided a list of 14 affidavit signers and notaries and then initially restricted our access to interview them. Wells Fargo attorneys interviewed them first and then only allowed us to interview 5 of the 14 affidavit signers. Wells Fargo told us that we could not interview the others because they had reported questionable affidavit signing or notarizing practices when it interviewed them. After discussion with attorneys for Wells Fargo and OIG counsel, terms were agreed to, permitting us to interview these remaining nine persons. The terms that Wells Fargo set required that Wells Fargo management and attorneys attend all of the interviews as facilitators. This condition resulted in delays and may have limited the effectiveness of those interviews. Wells Fargo’s terms also required that persons we interviewed have private counsel present on their behalf. Wells Fargo chose the private counsel and paid the attorney fees of the persons we interviewed. Wells Fargo was not timely in arranging the private attorneys, which further delayed our interviews.

And it concludes that WF may have have violated the False Claims Act.

Based upon the results of our review, Wells Fargo’s practices may have exposed it to liability under the False Claims Act for submitting the claims for insurance benefits to FHA without following HUD requirements. We provided our preliminary findings to DOJ for its assessment and determination on any potential liability issues.

In other words, the government has been sitting on evidence of significant crime for the last 18 months–crime that resulted in people losing their homes and the government being defrauded.

The government just gave the banks a Get Out of Jail Free Card for those crimes.

Meanwhile, here’s the financial fraud the FBI says it spent 2011 investigating, while DOJ sat on this evidence and the underlying frauds it clearly would lead to:

Mortgage fraud: During 2011, mortgage origination loans were at their lowest levels since 2001, partially due to tighter underwriting standards, while foreclosures and delinquencies have skyrocketed over the past few years. So, distressed homeowner fraud has replaced loan origination fraud as the number one mortgage fraud threat in many FBI offices. Other schemes include illegal property flipping, equity skimming, loan modification schemes, and builder bailout/condo conversion. During FY 2011, we had 2,691 pending mortgage fraud cases.

Financial institution fraud: Investigations in this area focused on insider fraud (embezzlement and misapplication), check fraud, counterfeit negotiable instruments, check kiting, and fraud contributing to the failure of financial institutions. The FBI has been especially busy with that last one—in FY 2010, 157 banks failed, the highest number since 181 financial institutions closed in 1992 at the height of the savings and loan crisis.

Distressed homeowner fraud, property flipping, and check kiting. That’s what the FBI has been looking at during the entire period when DOJ has just been sitting on this evidence of much greater, more destructive fraud.

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Senate Judiciary Committee: Closing the Barn Door after the Barn’s Been Foreclosed

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Sometime this week, the long-awaited terms for the foreclosure settlement will be released, giving banks immunity for much of the fraud and forgery they committed in the course of taking homeowners’ houses.

Which makes the timing of this hearing the Senate Judiciary Committee just announced beyond absurd.

“Examining Lending Discrimination Practices and Foreclosure Abuses”

Senate Judiciary Committee
Full Committee

DATE: March 7, 2012

A better time for such a hearing might have been December 2010, just as the full extent of the robosigning was being exposed. In fact, that’s the second-to-last hearing John Conyers hadbefore Dems lost their House majority. Since that time, he has been imploring the Administration and the Attorneys General to do something substantive about foreclosure problems, even asking MI’s AG not to sign onto the settlement.

But next week!?!?! Just as the settlement will be enacted, making many of these issues (though reportedly not civil rights issues) moot?!?! Really?!?!

I mean, if the Judiciary Committee is going to hold a hearing in the immediate future, it’d be far better to hold a hearing considering what impact it will have on justice in this country to assign a $2,000 price tag to fabricating forged documents or engaging in other fraudulent activities before a court. Will judges ever be able to trust corporations in their courtrooms again? Will private citizens have access to this $2,000 Get Out of Jail Free card, or only Too Big to Fail institutions?

Alternately, act like the bankster-owned body the Senate is, and simply call a hearing to discuss whether having pension funds pay to buy immunity for the banks hurts corporations.

And then there’s the witness list: right now, just Civil Rights Division head Thomas Perez will testify. I’m all in favor of Thomas Perez in most any role–his work at Civil Rights has easily been the best part of DOJ under Obama. But aren’t there other people who might better address foreclosure abuses, even if the hearing just focuses on lending discrimination?

I mean, I’m all in favor of someone finally conducting oversight over the fraud going on in this country. But this hearing couldn’t be more badly timed.

 

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After Arguing People Shouldn’t Attack Media Indiscriminately, Jamie Dimon Attacks Media Indiscriminately

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When last we saw Jamie Dimon being a dick, he was appealing to what he presumably imagined was reporters’ shared sense of indiscriminate victimization.

Is it surprising that people lash out after such a severe recession in which we’ve seen these polars of wealth creation and destruction?

I can give you all the reasons why. But whenever anyone says to me, “All media,” I turn it off. “All politicians.” I turn it off. I don’t think it’s the right way to have discourse. Abe Lincoln didn’t do it. George Washington didn’t do it. It shouldn’t be done.

You don’t justify it because you’ve had a tough time. As a matter of fact, in a tough time, the best people stand tallest. They’re the ones who discriminate between the right and wrong. They’re the ones who stick to the true blue. … Not the ones who out of convenience scapegoat and finger-point.

It was wrong, Dimon argued, for people to indiscriminately pick on the media out of convenience.

In our latest edition of Jamie the Psychopath, he attacks newspapers, indiscriminately, as a convenient way to suggest banks don’t pay inordinate salaries.

“Obviously our business, in investment banking in particular, all of our businesses, we have high capital and high human capital,” Dimon said today at a presentation in New York, where the bank is based. “Newspapers — I went and got this one day just for fun — 42 percent payout ratio, which I just think is just damned outrageous.”

[snip]

“Worse than that, you don’t even make any money!” Dimon said, directing his comments to those in the media covering the company’s investor day and drawing laughter from his audience. “We pay 35 percent. We make a lot of money.” JPMorgan posted $19 billion in profit last year.

Especially nice, however, is Dimon’s suggestion that the justification for such a payout–for banks and for newspapers–is and should only be profit. If only the media just provided an even shittier product–and put the difference to profits–then all would be right with this world.

Presumably because then no one would chronicle what a dick he is.

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Wall Street Shills Hype How Much Preet Bharara Could Make If He Stopped Shielding Wall Street

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The Time Cover–facetiously suggesting that SDNY US Attorney Preet Bharara was busting anyone of note–was bad enough.

But this piece from noted Wall Street booster, Charlie Gasparino, reads more like a reminder to his readers of the protection they might lose if Bharara decided to check out and cash in.

Preet Bharara, the US Attorney for the Southern District, is telling friends that if he should leave his job today, he could earn as much as $6 million in the private sector, according to people with direct knowledge of these conversations. Bharara’s private statements come as speculation grows in Washington that the politically savvy prosecutor might also replace his boss, US Attorney General Eric Holder, if President Obama wins re-election.

[snip]

That said, private law firms seek out prosecutors of Bharara’s level primarily because of the high-profile clients they can attract.

An especially nice touch is the vote of approval from Harvey Pitt, whose enabling of financial corruption set new standards even from the Wall Street-coddling SEC.

“I have no doubt he would be a star in the private sector,” said former SEC chairman Harvey Pitt, who also worked as a high-profile private-sector attorney. “Bharara deserves enormous credit for the insider-trading effort, the cases his office has brought, and what his office is accomplishing. I just think it would be better if other people said that.”

When Harvey Pitt hails what your office is accomplishing, it usually means Wall Street crooks are getting a legal pass.

As they are.

And now we know the price Bharara expects when he cashes out: $6 million.

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Jamie Dimon: A $50,000 ATM Is a Big Risk

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Jamie Dimon’s got his whine on again (or should I say “still”), wishing we all could just move on from the catastrophe Dimon and his buddy banksters caused.

Dimon’s strategy here is rather amusing. He twice suggests that the media and the banks are both unfairly denigrated, as a “class.”

You’ve criticized others for an ongoing vilification of Wall Street and bankers?

I would say it differently. This indiscriminate scapegoating and finger-pointing. I don’t think it’s a good thing if you do it to banks or media. The point is there is some decent media and not decent; some good businesspeople and some not so good. My belief is this indiscriminate blame of both classes denigrates our society, destroys confidence — it certainly can’t boost it — and damages us.

Is it surprising that people lash out after such a severe recession in which we’ve seen these polars of wealth creation and destruction?

I can give you all the reasons why. But whenever anyone says to me, “All media,” I turn it off. “All politicians.” I turn it off. I don’t think it’s the right way to have discourse. Abe Lincoln didn’t do it. George Washington didn’t do it. It shouldn’t be done.

You don’t justify it because you’ve had a tough time. As a matter of fact, in a tough time, the best people stand tallest. They’re the ones who discriminate between the right and wrong. They’re the ones who stick to the true blue. … Not the ones who out of convenience scapegoat and finger-point.

And, having appealed to the journalist’s sense of common angst and suggested those seeking precisely to distinguish between right and wrong are “fingerpointing,” Dimon gets a piece that focuses on the number of people Chase has hired locally rather than his patently false claim that none of Chase’s foreclosures were improper and “we don’t know of any where the actual information in the affidavit about the foreclosure itself is wrong.”

Where Dimon’s latest whine says something new, however, is where he tries to suggest that the people who deposit their money with Chase–effectively loan Chase their money–are just freeloading.

Let’s talk about fees. We’ve seen some fees like the debit charge go away at the same time others are surfacing. Has it gone too far?

More than 80 percent don’t pay the monthly fee (on checking). Here’s the issue: It costs $300 to give you a checking account. What’s the cost of that? Branches, ATMs, online bill pay, Smart systems, checking account, a debit card. Any business has a cost. If you want a customer, you care, but you have to make a fair profit to survive.

But even after the debit fee went away, banks were still profitable.

Very often people will see us as having a profit, and I’m saying it’s really suboptimal results. Because we’re big and have a lot of capital, it sounds like a lot. But these are huge services and huge risks these banks take. We want to be fairly paid for services we provide. Just like a newspaper or anybody else.

Is the issue one of degree? For instance, that $5 ATM fee you were testing?

If you’re a client, we don’t charge you for ATMs. We charge nonclients. I think we charge $2 now. It costs us $50,000 a year to have an ATM. It’s not a gift. It’s for our clients. [my underline]

Right. The $50,000 ATM is a big risk. Dumping loads of money into derivatives? That’s apparently not where Chase’s big risk lies. Rather, it’s in replacing human tellers with machines that require relatively little maintenance, no health benefits, and no days off to give customers a reason–convenience–to loan Chase their money.

Or maybe now that Chase has made billions in the casino, they expect their $50,000 ATMs to be just as profitable. So Dimon will call a simple computer, an ATM, a huge risk, and demand exorbitant fees. Because banks shouldn’t have to pay the cost of doing business anymore, I guess. Asking them to do so is treating them unfairly as a class.

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Mitt Advocates Taking Healthcare from Retirees to Give Money to Bailed Out Banks

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Someone gave Mitt Romney a shovel just in time to dig shit snow in MI for the next two weeks. There’s a lot that is fact-impaired in this op-ed doubling down on the “let GM go bankrupt” (starting with the lack of funding for a bankruptcy, meaning a managed bankruptcy was impossible).

By the spring of 2009, instead of the free market doing what it does best, we got a major taste of crony capitalism, Obama-style.

Thus, the outcome of the managed bankruptcy proceedings was dictated by the terms of the bailout. Chrysler’s “secured creditors,” who in the normal course of affairs should have been first in line for compensation, were given short shrift, while at the same time, the UAWs’ union-boss-controlled trust fund received a 55 percent stake in the firm.

He’s complaining, of course, that VEBA (the trust fund run by professionals that allowed the auto companies to spin off contractual obligations–retiree healthcare–to the unions) got a stake in Chrysler while Chrysler’s secured creditors took a haircut.

So, in part, he’s basically complaining that the bailout preserved the healthcare a bunch of 55+ year old blue collar workers were promised. He’s pissed they got to keep their healthcare.

He’s also complaining that banks took a haircut, as would happen in any managed bankruptcy.

But it’s more than that. He’s complaining that a bunch of banks that themselves had been bailed out had to take a haircut. He’s complaining, for example, that JP Morgan Chase, Chrysler’s largest creditor at the time and the recipient, itself, of $68.6B in bailout loans, had to take a haircut on $2B in loans to Chrysler.

Mitt’s op-ed makes him sound a lot like Jimmy Lee, Chase’s top negotiator on the auto bailout, who,

demanded to know why, if the government thought banks important enough to give them tens of billions in TARP money, it wanted to squeeze them on [the Chrysler] deal.

I guess Mitt, too, thinks the banks are so important they should take precedence over retiree healthcare, too.

But as the kind of bankster who, at Bain, relied on government subsidies to fund his “restructurings” that ended up taking people’s jobs and healthcare, that’s not all that surprising.

Still, the UAW retirees who still have healthcare today instead of Jamie Dimon having another yacht probably don’t feel the same way as Mitt does.

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Lanny Breuer’s Theory of Chatting Accountability for CEOs

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[youtube]L_Mg6YOxjTg[/youtube]

This whole video is worth watching. Eliot Spitzer, former US Attorney Mary Jo White, and Assistant Attorney General Lanny Breuer discuss financial crimes, with SIGTARP head Neil Barofsky moderating. I was fairly troubled, in general, of the hesitations White and Breuer expressed over actually prosecuting financial crime.

But I found the passage just after 46:00, where Lanny Breuer argues you don’t need prosecutions for deterrence among CEOs, to be stunning.

Look, I want to be clear, I don’t want to suggest for a moment that we don’t–and we will–aggressively pursue cases criminally but, I guess both as a defense lawyer, which I was for many years, a white collar defense lawyer and now as AAG, I don’t think we should completely discount the deterrent effect when we investigate cases even if we don’t bring them.

If a CEO or CFO of a major institution feels that he or she is subject to criminal liability, when we interview them or put them in the grand jury, they have lawyers and this is hanging over their head for years and years. It may be at the end we decide not to prosecute the company or the individual but I think it’s really inaccurate to suggest that that doesn’t have a very strong effect. I’m not sure CEOs on Wall Street right now feel as if they can do what they want and there’s no deterrence.

He returns to a discussion of “going in and out” between corporate representation and DOJ after 52:00 and he avoids talking about robo-signing at 1:00.

As you read that, think about what has happened with Lloyd Blankfein. He bullshitted Carl Levin’s investigatory committee back in April 2010. Levin released a report last year stating he had lied, and referred his investigation to DOJ.

And Lloyd Blankfein, who almost two years ago didn’t take Congress sufficiently seriously to tell the truth, is still running around free profiting off of European countries’ debts.

Does Breuer really think seeing Blankfein treat Congress and regulators with utter disdain served as a deterrent to anyone? On the contrary, what appears to have been Lanny’s Chatting Accountability for CEOs only serves to show that these MOTUs are above the law.

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