(Not) Prosecuting Financial Crimes
Holding companies accountable for crimes is essential, yet more must be done to end “too big to jail” concerns.
Stress Tests and the End of Bank Supervision
New federal authority surrounding stress tests means banking supervisors take a back seat to regulators.
Implementing the Volcker Rule’s Backstop Provisions
Lawyers propose strategies for regulators in implementing often-overlooked Volcker Rule provisions.
Basel Committee Consults on New Risk-Management Strategy
International banking supervisor may add step-in risk mitigation to its global agenda.
The Marijuana Industry’s Access to Banks
Legal scholar offers solutions to regulatory obstacles preventing businesses from using financial institutions.
Banking Regulation Based on Hypotheticals?
Legal scholar argues that bank stress tests should be abandoned or made more robust.
Gift Cards and the Potential for Money Laundering
The growth of gift cards raises new and unexpected challenges for regulators and law enforcement.
Changing Risk Culture is Hard
Culture and attitudes toward risk are built into the foundations of systemically important banks.
The Shift to Prosecuting Companies Instead of Individuals
Federal prosecutors have made a subtle but important shift over the last 30 years to prosecuting companies and institutions.
Potential Reasons for the Dearth of Prosecutions
Alternative priorities and government ties to the conditions that caused the financial crisis could explain the lack of prosecutions.
The Department of Justice and the Prosecution of Fraud
The DOJ has excused the failure to prosecute high-level individuals for fraud on one or more of three grounds.
Who is to Blame for the Great Recession?
If the Great Recession was caused by fraud, the failure to prosecute those responsible is an egregious failure.