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A critical examination of the wrongdoing underlying the 2008
financial crisis An unprecedented breakdown in the rule of law
occurred in the United States after the 2008 financial collapse.
Bank of America, JPMorgan, Citigroup, Goldman Sachs, and other
large banks settled securities fraud claims with the Securities and
Exchange Commission for failing to disclose the risks of subprime
mortgages they sold to the investing public. But a corporation
cannot commit fraud except through human beings working at and
managing the firm. Rather than breaking up these powerful
megabanks, essentially imposing a corporate death penalty, the
government simply accepted fines that essentially punished innocent
shareholders instead of senior leaders at the megabanks. It allowed
the real wrongdoers to walk away from criminal responsibility. In
The Case for the Corporate Death Penalty, Mary Kreiner Ramirez and
Steven A. Ramirez examine the best available evidence about the
wrongdoing underlying the financial crisis. They reveal that the
government failed to use its most powerful law enforcement tools
despite overwhelming proof of wide-ranging and large-scale fraud on
Wall Street before, during, and after the crisis. The pattern of
criminal indulgences exposes the onset of a new degree of crony
capitalism in which the most economically and political powerful
can commit financial crimes of vast scale with criminal and
regulatory immunity. A new economic royalty has seized the
commanding heights of our economy through their control of
trillions in corporate and individual wealth and their ability to
dispense patronage. The Case for the Corporate Death Penalty shows
that this new lawlessness poses a profound threat that urgently
demands political action and proposes attainable measures to
restore the rule of law in the financial sector.
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