by Dylan » Fri Nov 14, 2014 10:08 am
1. $9B (even deducting the amount they saved in taxes) is a significant settlement. Perhaps Chase's potential exposure was greater, which would explain why Chase's shares went up, but nobody likes to write a check for billions of dollars. It's absurd to think of this as a slap on the wrist.
2. Any private actor can call for settlement negotiations. Big fish call other big fish to discuss such topics. That makes a lot of sense. Characterizing this as a crony-to-crony call to "erase" a legal proceeding or whatever is disingenuous (unless you think settlements are always inappropriate b/c they preclude a legal proceeding. Is that what you're saying?).
3. These cases are settled because it's much more trouble than it's worth to try to go all the way to trial with the kind of lawyers the big banks can afford to hire. Not because they agreed to it in smoke-filled backrooms. It's practical and pragmatic, not conspiratorial.
4. I'd be curious to learn more about the $4B "bogus" portion of the settlement. If this consumer relief is paid pursuant to agreements with investors to fund a portion of any losses incurred as a result of investments gone bad, which I suspect, then so be it. Actors enter into contracts. But there's really no detail in the article just a broadside assertion.
5. I really doubt the characterization of the relevant custodian point. I find it deeply unlikely a judge "took Chase's lawyers at their word" as to whether Fleischmann was a relevant custodian for purposes of that litigation. Another broadside with no supporting evidence.
6. Who better to hire for enforcement than those who have worked on the other side? That's why the private sector loves to hire SEC attorneys after they leave the field.
Would you prefer they hire somebody with no experience in securities fraud?