White House: Too Big to Fail Will Also Be Known as Too Big to Jail…No Really!

“One of the great things about being too big to fail is that you’re also too big to jail, apparently.

So saith the Obama administration, via the New York Times, in its front-page story on Tuesday about HSBC’s settlement with the government over money-laundering charges. Though the British banking giant had to pay a wrist-stinging $1.9 billion, the settlement helped it avoid formal criminal charges. The NYT quotes anonymous government officials who say they were skittish about indicting HSBC because formal charges would amount to a “death penalty” for the bank, potentially roiling the financial system.

This is at least three very specific flavors of bullshit.

For one thing, according to University of Notre Dame law professor Jimmy Gurulé, a former assistant U.S. Attorney General and former Undersecretary for Enforcement for the U.S. Treasury Department, the government could have formally charged Europe’s biggest bank in such a way as to help it avoid death. The bank’s U.S. business may have been disrupted for some time, but the bank could have survived. The punishment that was meted out — taking about half a quarter’s profit — was so far removed from a “death penalty” that it can’t possibly be a deterrent for any other big bank.”

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