March 6, 2013
While it is widely assumed that the too-big-to-fail banks in the US (and elsewhere) are beyond the criminal justice system – based on simple empirical fact – when the Attorney General of the United States openly admits to the fact that he is “concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them,” since, “it will have a negative impact on the national economy, perhaps even the world economy,” one has to stare open-mouthed at the state of our union. It appears, just as the proletariat assumed, that too-big-to-fail banks are indeed too-big-to-jail.
GRASSLEY: On the issue of bank prosecution, I’m concerned that we have a mentality of too-big-to-jail in the financial sector of spreading from fraud cases to terrorist financing and money laundering cases — and I cite HSBC. So I think we’re on a slippery slope.
HOLDER: The concern that you have raised is one that I, frankly, share. And I’m not talking about HSBC now. That (inaudible) be appropriate.
But I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large.
Again, I’m not talking about HSBC. This is just a — a more general comment. I think it has an inhibiting influence — impact on our ability to bring resolutions that I think would be more appropriate. And I think that is something that we — you all need to — need to consider. So the concern that you raised is actually one that I share.