Sunday, December 21, 2008

"We probably will never have enough resources to address the problems as most of us would like to.”

Since Fraud, etc., is second on my list of the causes of this crisis, you can imagine why this irks me. From Bloomberg:

"By Patricia Hurtado

Dec. 21 (Bloomberg) -- The FBI has been forced to shift agents from terror and other crime work to Wall Street investigations including the Bernard Madoff Ponzi scandal, said David Cardona, head of the New York office’s criminal division.

The Federal Bureau of Investigation has had to engage in “triage” in responding to successive frauds( FRAUDS. DO YOU SEE THAT? FRAUDS ) involving subprime mortgages, auction-rate securities and Madoff, who prosecutors said confessed this month to bilking investors out of $50 billion, Cardona said in an interview yesterday.

“We have to work those cases which we think pose the greatest threat,” he said. “In this case, it’s a threat to the financial system and Wall Street ( GOOD MAN ). It’s the same with mortgage fraud( FRAUD. DO YOU SEE THAT? FRAUD ). I’m ramping these squads up.”

Special Agent Rachel Rojas, who once worked on tracing terrorist financing and al-Qaeda, now oversees 15 agents investigating mortgage fraud( FRAUD ), said Cardona, a career agent with 23 years at the bureau who once worked as a New York state accountant. He declined to say how ( IS IT SMART TO ANNOUNCE THIS ? ) many other agents he has reassigned from anti-terror work to financial crimes.

Rojas heads one of two such mortgage-fraud squads that work with federal prosecutors in Brooklyn and Manhattan and other federal agencies, Cardona said. The U.S. Justice Department has created more than 40 mortgage-fraud ( FRAUD ) task forces around the country this year.

To address the rise in criminal investigations related to the subprime crisis and other financial crimes, his office has become more selective on the kinds of cases they’ll take on, Cardona said. They do handle multimillion dollar fraud cases, while referring smaller cases to state prosecutors or to New York Attorney General Andrew Cuomo, Cardona said.( EVERYBODY SHOULD BE HELPING WITH THIS INVESTIGATION )

Big Case Skipped

Even some big cases are left to others now. The FBI didn’t get involved in the investigation of Marc Dreier, a New York lawyer charged Dec. 8 with defrauding ( FRAUD ) hedge funds out of more than $100 million. The Dreier case is being handled by investigators in the U.S. Attorney’s Office in Manhattan.

To save agents time, the New York office has also established Web sites and telephone hotlines for anonymous e-mail complaints and tips about mortgage fraud( FRAUD ) and the Madoff case, Cardona said.

Since he arrived from Miami in May, 2007, Cardona, 52, has overseen 400 agents who handle criminal cases. The New York office covers New York City, Long Island, Westchester and the five counties north of New York City. In addition to the main office, located just north of Wall Street, Cardona oversees five smaller satellite bureaus in Queens, White Plains, Long Island, John F. Kennedy International Airport and Goshen, New York.

FBI’s $6.8 Billion Budget

Under Cardona, the FBI’s New York office has also forged new relationships with regulators and other federal agencies as a means of stretching manpower, he said. His agents are working with the Federal Housing Administration on mortgage fraud ( FRAUD ).

“We’re working to marry our efforts,” he said. “There is tons of stuff out there,” Cardona said. “But we don’t have the resources to chase every collapsed hedge fund or collapsed financial institution,” Cardona said. “We don’t have the expertise or the manpower,” he said( GET THEM HELP ).

According to FBI statistics, the bureau’s budget in fiscal year 2008 was about $6.8 billion. There is no allocation for greater funding in the 2009 budget, he said ( TAKE IT FROM TARP ).

“Realistically, in the era of limited resources, the FBI in New York will strive to use the necessary resources to address the criminal activities we feel are the most important,” he said.

Criminal conduct involves a higher standard of proof to secure a conviction than the civil allegations the U.S. Securities and Exchange Commission may file against a financial institution, so it’s harder to make cases, Cardona said.

‘Market Dynamic’

He cites the bank failure at Washington Mutual -- the largest in U.S. history -- as an example of obstacles the FBI faces in showing if there was criminal wrongdoing.

“You can scratch your head and say, ‘Was there criminality that happened there?’” he said. “How can that collapse? Was that mismanagement? My standard is higher than that. I have to show criminal intent. Sometimes you see a bank failure or a hedge fund collapse, and I have to see is that just a market dynamic or is something else going on( THIS PLEADING STUPIDITY WORKS VERY WELL ).”

The fall in the stock market this year didn’t create the recent surge in financial crimes, Cardona said.

“Mortgage fraud( FRAUD ) was perpetrated in good times, but no one saw it( WHO WAS LOOKING FOR IT? ),” Cardona said. “In bad times, as we are in now, you see the manifestation of the crime problem. It was there, but like the tide going out, you just didn’t see until the margin calls started coming in.”

Madoff, Bear Stearns

The workload of Cardona’s agents this week ran the gamut from an indictment in gangland slayings to working with the SEC to Bernard Madoff’s alleged $50 billion Ponzi scheme. Cardona declined to discuss any details of the Madoff case.

Under Cardona, the office had some recent high-profile white-collar prosecutions this year: in June the FBI teamed up with the SEC and prosecutors in the office of Brooklyn U.S. Attorney Benton Campbell to bring indictments against two former Bear Stearns Cos. hedge fund managers in the first prosecution stemming from a U.S. government probe of last year’s mortgage market collapse.

In September, the same group brought indictments in a second case, against two former Credit Suisse traders accused of fraudulently selling corporate clients more than $1 billion of auction-rate securities linked to subprime mortgages. The defendants in both cases have pleaded not guilty and are scheduled to be tried next year.

While counterterrorism remains a top priority for the office since the terrorist attacks of Sept. 11, 2001, Cardona said he’s also cognizant of the threat white-collar fraud poses to the U.S. economy.

No. 1: Terror

“In New York, No. 1, that is terror but also my area of responsibility is any crime that undermines the confidence in our financial-services industry.” He said. “To me that’s another top threat ( TRUE ).”

“All law enforcement will tell you they’d like more resources,” he said. “We’d like to take some problems and crimes out completely. But there are a lot of cases out there I’d like to spend more time on, but we have to hit the bigger targets. We probably will never have enough resources to address the problems as most of us would like to( THAT'S GREAT ).”

Letting people get away with Fraud, Negligence, Fiduciary Mismanagement, and Collusion, by pleading Stupidity or not being investigated for lack of resources, as in the S & L Crisis, assures us that this problem will be back again before we know it.

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