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HSBC settled with the Justice Department on money laundering charges for $1.92 billion. The Justice Department's criminal division in a statement said about the charges and HSBC's acceptance of the charges and a five year period in which HSBC agrees to follow the terms of the agreement: "HSBC is being held accountable for stunning failures of oversight- and worse- that led the bank to permit narcotics traffickers and others to launder hundreds of millions of dollars through HSBC subsidiaries, and to facilitate hundreds of millions more in transactions with sanctioned countries." Lanny Breuer said the decision to go for a settlement instead of seeking an indictment of HSBC was because this was "a very just, very real and very powerful result."

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This is the Washignton Post's view of what is remarkable about the NYT reporter Schmidt's interview with Mr. Trump.

Trump says he hopes Mueller is fair, and will be fair, is going to be fair. Yet that is not what Conservative media is saying. Trump has criticized the Justice Department. Here he says that he the President can do what he wants with the Justice Department, using the words "absolute rights," for the president's powers. This is a misreading of the powers of the Presidency under the Constitution. If the president thinks this hope is not realized of Mueller acting fairly it could lead to a situation in which the president acts beyond the powers of the president, creating a new gap between Congress and the president and overreaching of powers.

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New information in the case of Gen. Flynn that shows the Obama administration and president Obama in a different light is covered in this report in the Times. The Justice Department recently dropped the charges against Gen. Flynn. The appearance of collusion between president Trump and Russia is now being reexamined.

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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.

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Uncertainty about the future of National Security Advisor, Michael Flynn. Flynn talked with the Russian ambassador before the election and details of the conversation showed he discussed sanctions, which he had not disclosed to Vice President Pence. Pence was critical of Flynn and the Justice Department is looking into Flynn's conversation and phone calls. 

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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....

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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.

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Google is investing a big chunk of its $98 billion stockpile in AI with an uncertain future. It's ad business remains challenged. Ruling on the Justice Department lawsuit for Google's monopolistic behaviors in its ad business is awaited and could still breakup the $250 billion Google ad business. Google is going back to the drawing board on its decision to get out off the despised cookies tracking people on the computer. Its "privacy sandbox" is under criticism and Google is looking for other solutions.

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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.

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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....

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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.

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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.

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This editorial in the NYT on May 23, 2015, says the country has lost something in the process unfolding at the Justice Department of large settlements during the second term of the Obama administration, a continuation of a singular feature since the first term- a noticeable and serious lack of individual accountability for serious wrongdoing. This lets bank officers move on calling the situation of pleading guilty to criminal charges for currency manipulation nothing more than "an embarrassment," says this NYT editorial.

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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. ...

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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.

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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.

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The court case by the Justice Department to get Apple to unlock the San Bernardino terrorist's phone ends on March 27, 2016, as the Justice Department files court papers saying it has unlocked the phone with the help of a private entity.

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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.

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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.

 

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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. 

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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. ...

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There is more ot it than just the monopolies crushing new competition and small firms in their space. The gatekeeper role for information that Google and other tech monopolies have is a danger for democracy in a way that the Rockefeller's monopoly of the oil business by Standard Oil never was at the turn of the previous century. TR took up the role of government ensuring that fair competition exists by breaking up the monopolies in the oil business at that time. Today this is left to the courts and they take far too long and come up with decisions that do not address the main probem points brought up by the US Justice Department. Judge Mehta after 5 years did little to address the problems of tech monopolies and it is now left to other remedies and other leadership to come up with ways to break up these monopolies.

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Google antitrust decision in Mehta's Court for over 5 years since lawsuit by DJT in first term. During these 5 years much of the behaviours of monopolies and oligopolies in tech is further entrenched and new technology has created new ripples. The result is an ineffectual ruling that does little to address the original concerns of the Justice Department. Lost in all this commotion is the fact that there are real and present dangers in the situation presented by Google as a gatekeeper for knowledge and information which are a real and present danger to democratic forms of government as Google or social media tech companies can act as arbiters of information, a role that is not given to them under the US Constitution or any of the principles laid down by our founding fathers. Instead of being well informed under such tech monopolies and oligopolies the vast majority of the people will not get the information they need to make decisions to the detriment of the Nation. ...

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The Justice Department, the Securities and Exchange Commission and the Federal Bureau of Investigation respond to inquiries by the New York Times on how adequately their agencies have responded to the financial crisis of 2008. The inquiries relate to whether these agencies have conducted the prosecutions of senior executives of financial companies that are necessary to ensure there is no recurrence of the behaviours in financial markets that led to the crisis.