LyrArc Article Gist
This Washington Post look at Merrick Garland, U.S. president Obama's nominee for Supreme Court Justice, reveals a person who is meticulous and methodical in his legal work, less interested in ideological opinion. He is also seen as a person aspiring for higher office and making the right connections since he went to Harvard from Niles West High school in Chicago's North Shore suburbs- from his connections with Congressman Abner Mikva, Supreme Court Justice Brennan, Attorney General Benjamin Civiletti, which he assiduously pursued. Early in his first year at Harvard as an undergraduate Garland switched from a pathway for study of medicine to social sciences because the impact was greater he believed in such work. Here peers and colleagues at Harvard Law School, the Justice Department, give high marks to Garland for his legal work and his ability to take an objective view to obtain consensus. He has obtained consensus by writing the arguments in difficult cases in a way that limit debate, by studying the issues very carefully. Garland is the chief judge of the Washington D.C. Circuit. At the Justice Department he was assistant to Civiletti, and later principal associate attorney general who worked on the Oklahoma Bombings case of 1995. ...

LyrArc Article Gist
The lack of prosecutions in cases of financial fraud and other cases of wrongdoing after the financial crisis of 2008 by both the Justice Department and the S.E.C. in the U.S. Both agencies of the U.S. government have preferred an approach that does not name executives as defendents and works with the company or financial institution, in many situations having the firm committing the wrongdoing conduct its own investigation.This has led some to question the deterrent effects of this approach. This is particularly important considering the possibility of recurring behaviour in a future crisis. Cozy relations between financial institutions and government agencies and government departments in the U.S. was a key feature of the system before the financial crisis of 2008.

LyrArc Article Gist
WSJ looks at what documents were leaked from classified documents of the Department of Defense, and what is the possible impact on the war in Ukraine.Some of the documents show Ukraine rapidly losing aircover defenses as it runs out of antiaircraft missiles. A map dated Feb 28 shows that most of Ukraine's critical infrastructure outside the Kiev region and two areas in the southwestern region would have no aircover by mid April or first week of May because of this depletion of stock of antiaircraft missiles. The FBI and Justice department launched the investigation into the leak of April 7 at the US Defense Department. 

LyrArc Article Gist
The last time the FBI involved itself in elections was with Edgar Hoover in the election between Harry Truman and Dewey for U.S. president in the 1948 election, when Hoover made clandestine efforts. One Georgetown scholar says it may be an unfair comparison for Comey, but it raises questions about his bringing up the email inquiry a week before the election. Other experts say it may be a sort of moral hubris of Comey that led him to this. An expert at New York University School of Law, Mr. Gillers, is cited by NYT. Gillers says the letter to Congress was a second or third mistake to cover up a previous mistake, that Comey should not have made repeated public statements, not the statement criticizing Hillary Clinton about the email practices, not writing a letter to Congress a week before the election. Michael Chertoff, a Republican who led the criminal division of the Justice Department under Bush, says Comey violated longstanding Justice Department rules and practices in July and this week, and provided fodder for all kinds of speculation.  ...

LyrArc Article Gist
Prof. Brandon Garrett of the University of Virginia, School of Law, says the $2.6 billion settlement of Credit Suisse with the U.S. Justice Department does not provide accountability for the financial crisis. The settlement comes with an agreement to protect Credit Suisse from U.S. regulatory agencies such as the S.E.C. The Swiss bank will be allowed to conduct business as investment advisor, something not allowed if it is indicted for a criminal offense. And the focus of the investigation on secret Swiss bank accounts is unresolved, as the names of these account holders will continue to remain a secret for Swiss banks. Protess and Greenberg say if this was intended to burnish the image of the Justice Department and Attorney General Holder, after its lack of prosecution to hold individuals accountable following the 2008 financial crisis, it is not clear how long this will happen. A separate editorial by the WSJ raises the same questions.

LyrArc Article Gist
Lack of individual accountability has been a defining feature of large U.S. Justice Department legal settlements with banks and other corporate entities since 2009. This WSJ editorial says establishing individual accountability where wrongdoing has happened is something it has consistently called for since 2009, especially as establishing this would reduce the unnecessary burden imposed on shareholders and employees who may have had nothing do to with the wrongdoing.

LyrArc Article Gist
The U.S. Justice Department files a civil lawsuit accusing S&P and parent company McGraw Hill of giving improper ratings to poor mortgage investments which allowed them to inflate in value, creating the conditions for a crash in these investments when the crisis happened in 2008. The penalty sought by the Justice Department and the attorney generals for 16 states is $5 billion to cover losses to investors such as state pension funds and federally insured banks and credit unions. The civil suit comes 5 years after the onset of the financial crisis of 2008, which created the greatest financial crisis since the 1930's. Negotiations for a settlement were conducted by the Justice Department with McGraw Hill for an extended period of time. The talks broke down in January 2013. In these negotiations the Justice Department sought a penalty of over $1 billion and S&P's acceptance of wrongdoing. S&P countered with a proposed settlement of $100 million. The government pushed for admission of guilt on at least one count of fraud. It is not known why the Justice Department filed this lawsuit 5 years after the crisis when the public's memory of the ratings issue is beginning to fade. Is it because the preparation of the case required this much time, the action not taken because it would be seen as punitive in 2011 when S&P downgraded the U.S. sovereign credit rating, the fragility of the economy in 2011, because of the approaching election in 2012, or some other reason. One of the reasons why it was important to take corrective action early was to preserve the integrity and credibility of financial markets, so critical for public confidence. An additional reason was to secure from credit ratings companies the internal reforms and change in leadership and culture that would prevent recurrence and damage to the economy. An example of this change is the change in leadership and culture underway at Barclays bank in Britain after the investigation into the manipulation of the London Interbank Offered Rate or LIBOR. The Justice Department action in this respect is an advance from the policy at the S.E.C., which has not insisted that companies involved in the crisis admit wrongdoing, setting up the process for changes in leadership and culture such as the one at Barclays....

LyrArc Article Gist
Mark Landler of the NYT points out that president Trump has neglected all the conventions followed by American presidents abroad during his meeting in Helsinki with Russian president Putin. At the meeting both presidents in unison denied the conclusions of U.S. intelligence agencies and the Justice Department investigation. Nothing resembling this has happened with a U.S. president on foreign soil.

 

LyrArc Article Gist
Legal experts say the complaint does not match the settlement by the Justice Department in the merger of American and US Airways. Whether the settlement increases competition after the merger and protects consumers also hinges on what the competition is- Delta and United, or Southwest, Jet Blue and other lowcost carriers. One view is that Southwest appeals to a different group of customers and is a different type of airline, and providing more competition from low cost carriers in New York and Washington DC does not affect the competition between the larger airlines.

LyrArc Article Gist
After attending a prestigious French university, Tidjane Thiam of the Ivory Coast, joined McKinsey & Co., and later worked for the government in Ivory Coast. He returned to business by joining insurer Aviva, and taking the position of CEO at British insurer Prudential PLC. Credit Suisse's board selected Thiam as the new CEO of Credit Suisse in 2015. This was an unconventional choice after the bank settled with the U.S. Justice Department for $2.6 billion, other legal issues facing the bank, and the tighter controls from Swiss regulators. Thiam speaks English, French and German.

LyrArc Article Gist
The U.S. Justice Department setlement with Credit Suisse for $2.6 billion for conspiring to aid tax evasion. The Justice Department indictment says the activity went on for decades and the bank created obstacles for investigators looking into the accounts intended to evade U.S. taxes.

LyrArc Article Gist
The nominee for the position of FBI Director in the U.S. in July 2017, Christopher Wray, is a former defense lawyer, prosecutor and Justice Department official. He responded to questions from Senator Graham on his views on Russia, and from Senator Leahy. He told the Senators that this was not a job for the faint of heart, and that "I am not faint of heart." He said he respects Mr. Mueller and Mr Comey's long service. Answering persistent questions from the Senate Judiciary Committee Wray said: "I believe to my core that there's only one right way to do this job, and that is with strict independence, by the book, playing it straight." Wray's background is Yale Law School 1992, Assistant U.S. Attorney in Georgia 1997, and with the Justice Department since 2001 becoming Assistant Attorney General for the criminal division. 

LyrArc Article Gist
WSJ looks at how the case of Meng Wanzhou and the US Justice Department was settled. In early September the case of Canadians held by China was brought by Biden when he talked to Xi Jinping. Xi brought up the case of Meng, the daughter of Huawei's founder and CFO of the company. Meng was detained in 2018 in Vancouver at the request of US authorites for wire and bank fraud charges related to US sanctions on Iran. The case took a new turn in May when Meng hired a new lawyer William Taylor. Justice Department said it was willing to separate Meng's case from the case against Huawei. Meng's lawyer agreed to have Meng admit to doing what they said she did.  Both US and China wanted to remove an irritant in US Chinese relations. On September 19 Mr. Taylor sent a draft of what she was prepared to admit for wrongdoing. This was the basis of the statement of facts attached to her deferred prosecution agreement and release from Vancouver. The 2 Canadians were then immediately released from China- the Canadians had no knowledge of what had happened. ...

LyrArc Article Gist
Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

LyrArc Article Gist
Microsoft CEO Satya Nadella testifies at the US Justice Department's trial of Google that the deal Google made with Apple led to its search engine becoming ubiquitous with monopoly power. Nadella said that the unfettered power of Google made it difficult for Microsoft to compete with Google on the internet. 

"Despite my enthusiasm that there is a new angle with AI, I worry a lot that htis vicious cycle I am trapped in could get even more vicious." Nadella said that Google's deal with Apple made it oligopolistic.

LyrArc Article Gist
The 8000 mile Pacific Light underwater sea cable for internet goes from Los Angeles to Hong Kong. After review by the U.S. Justice Department the conduit connecting to Taiwan and Philippines will be used. leaving the internet link to Hong Kong offline. The U.S. is wary of connection to Hong Kong, and its use as a data hub, after the long public protests in Hong Kong. Perception earlier was of Hong Kong as a separate region from China, with its own distinct identity. This is now changing following the protests.

LyrArc Article Gist
This article in the New York Times makes an extraordinary report about Rod Rosenstein, U.S. Deputy Attorney General and his views on president Trump following Trump's firing of FBI Director Comey. New York Times says it has based its report on meetings in which Rosenstein participated with Justice Department and FBI officials. Mr. Rosenstein and Mr. Sessions, the Attorney General, attended a meeting at the White House last year with Mr. Trump in which he agreed to write the memo cited by Mr. Trump for firing Mr. Comey. Rod Rosenstein had no idea at the time that Mr. Trump would cite his memo, and felt afterwards that he had been used by Mr. Trump, according to this report in the NYT. Leading Democrats were very critical of Mr. Rosenstein for providing the memo that served as the basis for firing Mr. Comey. Mr. McCabe who succeeded Mr. Comey and others also left the Justice Department and the FBI, and the events of that time has created dissension in the FBI and the Justice Department, leading to the release of this information to the New York Times.  Mr. Rosenstein according to this report based on internal meetings with Justice Department officials, was concerned about the chaotic situation in the White House following the firing of Mr. Comey of the FBI. During this time it is reported here Mr. Rosenstein suggested recording of the president and invoking of the 25th Amendment. The 25th Amendment of the U.S. Constitution provides for removal of the President by the Vice President and cabinet officials on certain grounds such as when the president "is unable to discharge the powers and duties of his office." Mr. Andrew McCabe, who was head of FBI following Mr. Comey's firing was also fired, and he has memorialized his interactions with Mr. Rosenstein in memos that are now with the Mueller investigation.  Not everyone thinks this is a constructive step as a letter in the New York Times questions the wisdom of such a report leading to the departure of Mr. Rosenstein. Mr. Rosenstein is seen by some as defending the Mueller investigation into Russian interference in the U.S. presidential election. But even this may be overstated or in doubt as the criticism of Democrats leading to the the release of the report by the NYT on Rosenstein shows. Mr. Rosenstein says in response to the NYT report that he sees no need for invoking the 25th Amendment. ...

LyrArc Article Gist
The U.S. Justice Department files a lawsuit against VW seeking $18 billion in sanctions on behalf of the Environmental Protection Agency. VW shares declined by 4 percent. Experts expect an out of court settlement of $12-$13 billion. The inconclusive discussions between the EPA and VW led to the filing of the lawsuit. The lawsuit is seen as sending a message to the auto industry that the kind of behaviour that led to the VW emissions cherating scandal will not be tolerated.

LyrArc Article Gist
The U.S. Justice Department files suit to block the merger of American Airlines and U.S. Airways, saying the deal would hurt competition.

LyrArc Article Gist
The collapse of Binance would lead to liquidity to evaporate in the short term says this report in WSJ driving down the price of tokens. Months after collapse of FTX cryptocurrency company, Binance is in distress, says WSJ. Binance is affected by threat of enforcement actions by the SEC. The US Justice Department has taken a yearslong investigation that could result in criminal charges against Binance and its founder, and billions of dollars in fines, says this report in WSJ citing people familiar with the probe. Binance launched in China in 2017, but it claims to be based nowhere. China has banned crypto currency, and so have many countries. In EU more countries are banning it.

LyrArc Article Gist
Former Special Counsel Mueller answers questions in the U.S. Congress related to his investigation of the president's election campaign and interference by Russia. Mueller continues to say nothing exonerates the president for his actions. And insists that he did not act on his investigation findings as a sitting president cannot be indicted according to Justice Department rules. Only Congress can do this and it was upto Congress to act. Mueller also replied in the affirmative that in this case the investigation could continue and action could be taken on findings after the president leaves office. The 74 year old lawyer calm demeanour appeared to be under strain as he handled question after question from Democratic Congressmen. The appearance of Mr. Mueller only brought the details about the flawed election process and poor judgement of officials at U.S. government agencies and of the candidates themselves, to a larger audience. It left the issue unresolved, with new questions, and no one looking good in the process. ...

LyrArc Article Gist
Assistant U.S. Attorney at the Fresno office, Richard Elias, spots a JP Morgan Chase bank memo in 2012 after looking at many documents. This starts the process leading to the large settlements of $37 billion with U.S. banks in 2014. The memo used words such as "fallout," "kick" and other words clearly showing the banks were aware of the serious risks associated with the securities and the fallout expected. By 2012 the Obama administration felt the pressure from Democrats in Congress to show results in prosecution of banks for schemes related to packaging of highly risky mortgages into securities that led to the 2008 financial crisis. The Justice Department senior staff, Mr. West and Mr. Cole decided to focus on this incriminating evidence for JP Morgan Chase, Bank of America and Citigroup. Most of 2013 was used for preparation of the cases against the bank which were prosecuted using the Financial Institutions Recovery, Reform and Enforcement Act of 1989. Firrea has provisions not contained in other legislation, to get huge settlements as penalties, with extended time period for enforcement, when damage was done to financial institutions. The resulting effort led by Attorney General Holder led to the largest part of the total $128 billion paid in settlements by U.S. banks for cases related to the 2008 financial crisis....

LyrArc Article Gist
Federal prosecutors are working on a criminal investigation of China's Huawei Technologies Co. for allegedly stealing trade secrets from U.S. business partners. Huawei is the world's second largest maker of smartphones and the largest maker of telecom equipment in the world. One investigation looks at technology used by T-mobile to test smartphones. The Trump administration is aggressively following up on cases of technology transfer by Chinese companies and intellectual property theft.

Another investigation involves technology trade secrets of Micron Technology Inc. The U.S. Justice Department is taking up previous civil lawsuits related to technology theft and bringing up criminal cases.

LyrArc Article Gist
The U.S. Justice Department indictment of 5 Chinese military officers for hacking into computers of U.S. companies to get trade secrets. The hacking involved Westinghouse, U.S. Steel, and other companies.

LyrArc Article Gist
Exclusive deals with Samsung, Apple and Mozilla have turned Google into an exclusive monopoly for internet use. The US Justice Department is taking aim at this in the trial that begins today September 12, 2023. It limits choice for Americans and unfairly rewards monopolistic behaviours. President Biden said famously in his State of the Union speech this February "capitalism without competition is not capitalism, it is extortion." It is why the Biden administration is serious about the Tech monopolies which distort the fairness of the American system leading to a monopoly over information so that different ideas are not represented in the same way as they would be in a competitive situation. It also means monopolistic pricing behaviours.