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'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

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Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#21
post #17
post #5

>Prosecutors in New York said the company operated as “the financial hub for cyber criminals around the world.” Well fortunately for the cyber criminals, I have some great suggestions for alternative banking solutions. Plus! Your co-conspirators will almost definitely never face a day in jail. Think you will have to pay for expensive flights to Switzerland to open your account? Save some of that hard earned cash and…

There's this trope about us choosing to not throw people in jail but its just a consequence of needing real evidence against a person. Holder made some ckmment to the line of " if we had the evidence , people at the DOJ would be rushing to charge. Throwing a Wall St exec in jail is a career-making case" (edit: actual quote https://mobile.twitter.com/lauraolin/status/7279880874149847... ) The interests are totally ali…

How come we could find that evidence for all sorts of people, up to and including CEOs, after the S&L crisis? DOJ chose not to prosecute because of what? The way to do it is to pick a small fish, roll him, roll the guys he implicates, etc. Worked then, would have worked now.

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#22
post #11
post #5

>Prosecutors in New York said the company operated as “the financial hub for cyber criminals around the world.” Well fortunately for the cyber criminals, I have some great suggestions for alternative banking solutions. Plus! Your co-conspirators will almost definitely never face a day in jail. Think you will have to pay for expensive flights to Switzerland to open your account? Save some of that hard earned cash and…

To pick one example, what did JPM do that involved "outright criminal fraud?" Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. If I had to guess, what made this case easy was the fact that the guy left the country under circumstances where it could be inferred he know he was facilitating illegal transactions. That was the key ele…

Here is what made this guys case easy:

"faced a life term before pleading guilty just days before a trial, striking a deal"

I don't see a jury and it wasn't proven beyond a reasonable doubt either. He simply decided a plea deal was a more likely better outcome.

So how is it that prosecutors can't conjure up a single case against a top exec, slap together a long list of charges and get a plea deal out? This is pretty much their job description nowadays. Juries don't enter into it.

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#23
post #17
post #5

>Prosecutors in New York said the company operated as “the financial hub for cyber criminals around the world.” Well fortunately for the cyber criminals, I have some great suggestions for alternative banking solutions. Plus! Your co-conspirators will almost definitely never face a day in jail. Think you will have to pay for expensive flights to Switzerland to open your account? Save some of that hard earned cash and…

There's this trope about us choosing to not throw people in jail but its just a consequence of needing real evidence against a person. Holder made some ckmment to the line of " if we had the evidence , people at the DOJ would be rushing to charge. Throwing a Wall St exec in jail is a career-making case" (edit: actual quote https://mobile.twitter.com/lauraolin/status/7279880874149847... ) The interests are totally ali…

Holder also said putting bankers in prison would "hurt the economy", which is such a load of crap.

http://www.pbs.org/wgbh/frontline/article/eric-holder-backtr...

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#24
post #11

Earlier quoted context omitted.

To pick one example, what did JPM do that involved "outright criminal fraud?" Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. If I had to guess, what made this case easy was the fact that the guy left the country under circumstances where it could be inferred he know he was facilitating illegal transactions. That was the key ele…

Here is what made this guys case easy: "faced a life term before pleading guilty just days before a trial, striking a deal" I don't see a jury and it wasn't proven beyond a reasonable doubt either. He simply decided a plea deal was a more likely better outcome. So how is it that prosecutors can't conjure up a single case against a top exec, slap together a long list of charges and get a plea deal out? This is pretty…

I'd approve putting CEOs and hierarchies of managers in jail, I mean as long as jail is applied to the lowly anyway. I wonder what's the point where it starts hurting the economy. After all, having 6% of the black population, 2% of Hispanic and 1% of the white population [1] must have significant effect on the industry; but if managers faced a chance of an exit through jail, would it hurt the economy? After all, they don't "work", in the sense of transforming matter. They make decisions - if 1% were in jail, would we lack people who take decisions? People like the CEO of VW make unlawful decisions, killing millions. Would it give room to renew the elites, especially with people who have a sense of responsibility?

[1] http://www.bjs.gov/content/pub/pdf/p14.pdf

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#25
post #11
post #5

>Prosecutors in New York said the company operated as “the financial hub for cyber criminals around the world.” Well fortunately for the cyber criminals, I have some great suggestions for alternative banking solutions. Plus! Your co-conspirators will almost definitely never face a day in jail. Think you will have to pay for expensive flights to Switzerland to open your account? Save some of that hard earned cash and…

To pick one example, what did JPM do that involved "outright criminal fraud?" Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. If I had to guess, what made this case easy was the fact that the guy left the country under circumstances where it could be inferred he know he was facilitating illegal transactions. That was the key ele…

> Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt.

Knowledge and intent aren't needed for RICO prosecutions. 120 'gang members' just got arrested in the Bronx and sent to prison. Some of them probably didn't even know they were in a gang, and some of them were already in prison when the alleged crimes were committed. Doesn't matter.

It would be trivial to get convictions if the government wasn't also in on the crimes.

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#26
post #11

Earlier quoted context omitted.

To pick one example, what did JPM do that involved "outright criminal fraud?" Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. If I had to guess, what made this case easy was the fact that the guy left the country under circumstances where it could be inferred he know he was facilitating illegal transactions. That was the key ele…

Here is what made this guys case easy: "faced a life term before pleading guilty just days before a trial, striking a deal" I don't see a jury and it wasn't proven beyond a reasonable doubt either. He simply decided a plea deal was a more likely better outcome. So how is it that prosecutors can't conjure up a single case against a top exec, slap together a long list of charges and get a plea deal out? This is pretty…

You can't bring a case if you don't think you can get a jury conviction. It's unethical. Prosecutors brought two Bear Stearns executives to trial near the beginning of the financial crisis and they were acquitted.

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#27
post #11

Earlier quoted context omitted.

To pick one example, what did JPM do that involved "outright criminal fraud?" Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. If I had to guess, what made this case easy was the fact that the guy left the country under circumstances where it could be inferred he know he was facilitating illegal transactions. That was the key ele…

> Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. Knowledge and intent aren't needed for RICO prosecutions. 120 'gang members' just got arrested in the Bronx and sent to prison. Some of them probably didn't even know they were in a gang, and some of them were already in prison when the alleged crimes were committed. Doesn't matt…

RICO has a "conduct" predicate, which requires the prosecutors to prove beyond a reasonable doubt that the defendant had a part in directing the affairs of the criminal enterprise itself.

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#28
post #11

Earlier quoted context omitted.

To pick one example, what did JPM do that involved "outright criminal fraud?" Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. If I had to guess, what made this case easy was the fact that the guy left the country under circumstances where it could be inferred he know he was facilitating illegal transactions. That was the key ele…

> Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. Knowledge and intent aren't needed for RICO prosecutions. 120 'gang members' just got arrested in the Bronx and sent to prison. Some of them probably didn't even know they were in a gang, and some of them were already in prison when the alleged crimes were committed. Doesn't matt…

[deleted]

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#29
post #27

Earlier quoted context omitted.

> Give specific examples that a jury would convict for, keeping in mind that knowledge and intent must be proved beyond a reasonable doubt. Knowledge and intent aren't needed for RICO prosecutions. 120 'gang members' just got arrested in the Bronx and sent to prison. Some of them probably didn't even know they were in a gang, and some of them were already in prison when the alleged crimes were committed. Doesn't matt…

RICO has a "conduct" predicate, which requires the prosecutors to prove beyond a reasonable doubt that the defendant had a part in directing the affairs of the criminal enterprise itself.

They also need to be able to prove an underlying crime out of an enumerated set.

Re: 'Black Market Bank' Co-Founder Budovsky Sentenced to 20 Years

#30
post #17
post #5

>Prosecutors in New York said the company operated as “the financial hub for cyber criminals around the world.” Well fortunately for the cyber criminals, I have some great suggestions for alternative banking solutions. Plus! Your co-conspirators will almost definitely never face a day in jail. Think you will have to pay for expensive flights to Switzerland to open your account? Save some of that hard earned cash and…

There's this trope about us choosing to not throw people in jail but its just a consequence of needing real evidence against a person. Holder made some ckmment to the line of " if we had the evidence , people at the DOJ would be rushing to charge. Throwing a Wall St exec in jail is a career-making case" (edit: actual quote https://mobile.twitter.com/lauraolin/status/7279880874149847... ) The interests are totally ali…

> The interests are totally aligned for the DOJ

Are they?

Eric Holder in 1999:

"Prosecutors may consider the collateral consequences of a corporate criminal conviction in determining whether to charge the corporation with a criminal offense. Virtually every conviction of a corporation, like virtually every conviction of an individual, will have an impact on innocent third parties." [0]

Eric Holder in 2013:

"I am concerned that the size of some of these institutions becomes so large that it does become difficult to prosecute them." [0]

> if we had the evidence

In reference to Goldman/SEC settlement over Abacus:

"Nor had they questioned top bankers in Goldman’s mortgage businesses or any of the bank’s senior executives. Even more surprising to Kidney, the agency had not taken testimony from John Paulson, the key figure at his eponymous hedge fund." [1]

An investigator that doesn't ask questions will have a hard time finding evidence.

[0]: http://www.bloomberg.com/news/articles/2014-09-25/wall-stree...

[1]: http://www.newyorker.com/business/currency/why-the-s-e-c-did...

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