LyrArc Article Gist
A conversation by Louise Story of the NYT with Judge Rakoff who oversees the Bof America settlement with the SEC case. In an interview he reveals his thinking behind his rejection of the SEC settlement with a $33 fine. He says that when he joined the securities fraud unit of the Southern District of New York as a young attorney, prosecutors placed greater accountability on individual executives at companies, and charges tended to be filed against the executives rather than the companies. Rakoff says that the feeling behind this was that if a crime is committed it is important to find out who are the persons who made the wrongful decisions and why. So he asks why did the B of A executives behave the way they did, and why did the SEC behave the way it did. And says Rakoff, in his mind its the individuals who made these decisions that lacked ethical value should pay a higher fine and be held accountable.