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The U.S. Needs to Crack Down on White-Collar Crime

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Re: The U.S. Needs to Crack Down on White-Collar Crime

#41

We don't need a "crackdown". The problem with our approach to financial crimes is that it is based almost entirely on crackdowns -- splashy press releases that are supposed to deter all the thousands of other financial crimes that we lack resources to prosecute. Sometimes this leads to injustice, e.g., see the documentary film Abacus: Small Enough to Jail. The only bank to be prosecuted criminally for shenanigans in…

Financial regulators aren't the only ones relevant here. There work is useless if there's nobody available to investigate it and bring charges.

That used to be the FBI's main job, but since 2001 they've been mostly ignoring white collar crimes to focus on counterterrorism.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#42
post #27
post #25

Earlier quoted context omitted.

It's not about criminal convictions. In theory it's just a civil case with a criminal case to follow. Which is why SEC fines are often less than the net befit. But, the actual number of criminal cases is rather low. EX: "In June 2009, the SEC sued Angelo Mozilo, former CEO of mortgage lender Countrywide Financial, and two other former officers, charging that they misled investors about the quality of Countrywide's lo…

It's not at all clear that all of Mozilo's earnings came from fraudulent activity. In fact, it's almost certainly true that this is not the case.

The issue is that Mozilo's behavior resulted in personal gains against extreme public losses. It's in our best interest as a society to deter such behavior, while enabling whatever legitimate business Countrywide conducted. How do we best do that? The public at large wins — Mozilo should win, the public at large loses — Mozilo should lose.

I think GP's point is that a $60M fine (against $520M in earnings) is not a an effective deterrent against such antisocial behavior.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#43
post #27

Earlier quoted context omitted.

It's not at all clear that all of Mozilo's earnings came from fraudulent activity. In fact, it's almost certainly true that this is not the case.

The issue is that Mozilo's behavior resulted in personal gains against extreme public losses. It's in our best interest as a society to deter such behavior, while enabling whatever legitimate business Countrywide conducted. How do we best do that? The public at large wins — Mozilo should win, the public at large loses — Mozilo should lose. I think GP's point is that a $60M fine (against $520M in earnings) is not a an…

Maybe the fines are too low. I could be persuaded of that.

I'm just saying that they aren't, as themagician asserted, lower than the actual gains from the frauds in question.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#44
post #32

Earlier quoted context omitted.

"of yearly profit" is not the relevant comparison. What is relevant is the amount of money they made from the cartel money laundering. I am preeeeety confident that HSBC didn't make ~10% of it's profits from these transactions.

Please read the second paragraph again. Where they didn't even bring charges for an unrelated crime of financing terrorism that they found out later. That was my answer to your question.

Well that again isn't an example of someone being caught and receiving a penalty lower than the gain from the crime.

I don't know why the justice department didn't pursue charges here. Maybe HSBC wasn't guilty? Maybe there wasn't sufficient evidence to win? Who knows. But this isn't an example of a caught party with a "so low that they don't matter" penalty.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#45
post #4

Earlier quoted context omitted.

The drug war has been disproportionally devastating along racial and to a lesser extent economic lines and ineffective at its stated goal. Why would we want to reuse this failed strategy to fight another kind of crime?

Just because the overarching goal of a project is awful doesn't mean every detail about the project is awful. There are lessons to be learned from every failure, and like it or not the war on drugs funds itself quite well through asset forfeiture. Case in point: no one would argue the Nazi regime was anything approaching "good", but when the war was done, we didn't throw away the V2 rocket and start research from scr…

Wow, edgy. The end justifies the means eh?

What about the part where the war on drugs doesn’t actually reduce drug use? Sure it funds itself by sealing money from innocent people but that’s just another negative externality.

It was not necessary for the Nazis to kill millions of people to develop rockets. Oversimplifying that period of human history doesn’t make reusing failed law enforcement programs a better idea.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#46
post #45

Earlier quoted context omitted.

Just because the overarching goal of a project is awful doesn't mean every detail about the project is awful. There are lessons to be learned from every failure, and like it or not the war on drugs funds itself quite well through asset forfeiture. Case in point: no one would argue the Nazi regime was anything approaching "good", but when the war was done, we didn't throw away the V2 rocket and start research from scr…

Wow, edgy. The end justifies the means eh? What about the part where the war on drugs doesn’t actually reduce drug use? Sure it funds itself by sealing money from innocent people but that’s just another negative externality. It was not necessary for the Nazis to kill millions of people to develop rockets. Oversimplifying that period of human history doesn’t make reusing failed law enforcement programs a better idea.

I don't understand what exactly you're arguing. I would appreciate it if you'd explain clearly exactly what you are arguing for or against and how it relates to the comments you're replying to.

Neither I nor Animats ever stated that the war on drugs (or Nazism for that matter) were good things. I think that's entirely clear from even a cursory reading of our comments. In fact, I even stated that you can throw away all the bad stuff but keep one good thing.

It sounds to me like you're arguing that since the war on drugs is bad, we should never do anything affiliated with the war on drugs again. That's silly, and isn't an argument to anything anyone even came close to saying. Computers and cell phones are used in the war on drugs, should we get rid of them too?

Again, you're massively misrepresenting every argument that's been stated in this thread and using it to hold the moral high ground with the easy "Nazis are bad" argument. Of fucking course they are. Maybe read past that? Because it's not edgy. It's not "ends justify the means". It's an actual fucking argument that you're completely ignoring for an easy win.

Shame on you. You should aspire to be better than that.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#48

Earlier quoted context omitted.

I completely support the idea of the IRS sending individuals a default tax return which you can just use as-is if you don't have anything to dispute or amend and be done. But that doesn't work for small businesses. If you sell hamburgers, the majority of your customers won't have informed the IRS of the transaction. If any part of your supply chain includes normal retail outlets, same thing. Small business tax return…

> But that doesn't work for small businesses. If you sell hamburgers, the majority of your customers won't have informed the IRS of the transaction. Hamburger joints getting extra scrutiny at the government’s expense doesn’t seem like a problem to me, especially since they often already do. The people who aren’t getting audited often enough are not Mom&Pop hamburger joints, no one is arguing that. The premise of the…

> Hamburger joints getting extra scrutiny at the government’s expense doesn’t seem like a problem to me, especially since they often already do.

The problem with "at government expense" is that it annihilates the premise that this is going to increase government income. If you audit someone, they not only have to hire a tax professional, they have to spend their own time on it because they're the only one who knows their own business. But because they're the only one who knows their own business, they also need to spend their time running the business. So the amount you would have to properly compensate them would be at something like the overtime rate, but worse because it's involuntary, and for someone whose time may already be valued at six or seven figures.

The government would never actually pay that full cost, so the idea that everything's fine because the government is paying for it is silly, and if they did it would immediately put the program deep underwater.

> The premise of the parent poster is that the IRS is underfunded to deal with real large scale white collar crime, and as I understand you argue that’s not possible without splash damage to small buisinesses. But they're unrelated: you can specifically target large buisinesses, and you can make the government pay for audit services for small buisinesses.

The problem is large businesses largely aren't the ones committing tax fraud -- hardly anybody is. Large businesses pay very low taxes because they hire very good accountants, not because they have fraudulent returns. The problem isn't that we need more audits, it's that we need better tax laws.

> The large Republican doners not only have large tax bills at stake but believe they should not.

Is it surprising that the people with the most money are the largest donors? It's basically a prerequisite.

> Each one of these doners individually spends hundreds of times more than the national small buisiness association on lobbying

Because small businesses don't have huge margins to be spending on lobbying. They're not a constituency because they donate, they're a constituency because they vote.

> The idea is we should be outraged at the tax law and fix it, instead of celebrating the loopholes for billionaires.

But that isn't where the outrage is directed. Nobody is actually fixing the laws -- either party. Even the Republican proposals (tax simplification, flat tax etc.) would fix it, but they never get enough votes to pass it because it's impossible to pass anything like that with the current level of polarization. If you can't get a single vote from the other party then it only takes a small handful in your own party to be corrupted by special interests and it's impossible to fix the problem.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#49
post #8

White collar crimes are problematic. I once saw a case where someone was convicted for selling prescription sleeping pills. It shouldn't be illegal to sell under the counter pills, I thought, but otherwise it was hard to fault the prosecution. The accused was caught trying to sell the pills to an undercover officer, fled from the police, and apprehended with a wide variety of illegal substances on his person. There w…

The reason for this is twofold. First, we don't have the capability to go after big crime, so we go after little crime that can't defend itself well. Second, it's often the case that people will bend the rules to gain an advantage, instead of being 100% fair and open and forgo that advantage, with a small risk that said bending ends up as criminal. You always have the choice of being 100% fair and open.

Re: The U.S. Needs to Crack Down on White-Collar Crime

#50

You'd have to completely reframe the penalty for crimes to be percentage based instead of fixed amounts. Even when caught the penalties are often so low that they don't matter, so white collar criminals go right back to it. When you can routinely make $10 million doing something a $1 million fine the one time you get caught just isn't a big deal. The cost-benefit analysis almost always favors the criminal for white c…

Yes, crimes that are only punished by a fine are "illegal only for the poor".
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