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fraud, they did not reach settlements that called for fines, the current fashion these days.
They filed criminal charges against the executives responsible.
Before Morgenthau, the Department of Justice focused on two-bit corporate misdeeds—
Ponzi schemes and boiler room operations. Morgenthau changed that. His prosecutors went
after CEOs and their enablers—the accountants and lawyers who abetted the frauds or
looked the other way. “How do you justify prosecuting a nineteen-year old who sells drugs
on a street corner when you say it’s too complicated to go after the people who move the
money?” he once asked.
Morgenthau’s years as United States Attorney were followed by political success. He was
elected New York County District Attorney in 1974, the first of seven consecutive terms for
that office.
There are parallels between Morgenthau, and Preet Bharara, the U.S. attorney for the
Southern District who was fired by President Trump this weekend.
Like Morgenthau, the 48-year old Bharara leaves the office of US Attorney for the Southern
District celebrated for taking on corrupt and powerful politicians. Bharara prosecuted two of
the infamous “three men in a room” who ran New York state: Sheldon Silver, the
Democratic speaker of the assembly and Dean Skelos, the Republican Senate majority
leader.
He won convictions of a startling array of local politicians, carrying on the work of the
Moreland Commission, an ethics inquiry created and then dismissed by New York’s Gov.
Andrew Cuomo. (This weekend, Bharara cryptically tweeted that “I know what the
Moreland Commission must have felt like,” a suggestion that he was fired as he was
pursuing cases pointed at Trump or his allies.)
But the record shows that Bharara was much less aggressive when it came to confronting
Wall Street’s misdeeds.
President Obama appointed Bharara in 2009, amid the wreckage of the worst financial crisis
since the Great Depression. He inherited ongoing investigations into the collapse, including
a probe against Lehman Brothers.
He also inherited something he and his young charges found more alluring: mnsider-trading
cases against hedge fund managers. His office focused obsessively on those. At one point,
the Southern District racked up a record of 85-0 in those cases. (Appeals courts would later
throw out two prominent convictions, infuriating him and dealing blows to several other
cases.)
Hedge funds are safer targets. The firms aren’t enmeshed in the global financial markets in
the way that giant banks are. Insider trading cases are relatively easy to win and don’t
address systemic abuses that helped bring down the financial system.
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