It’s no secret that the Justice Department’s handling of Wall Street fraud has been pathetic.
Less noticed has been the Fed’s vigorous prosecution of borrowers for mortgage fraud. If you didn’t know better, you’d be sure that a bunch of average Joes got together and tanked the economy be all lying on their mortgage applications, tricking those innocent banksters.
So, why were a group of those ne’er do well borrowers acquitted recently on charges brought by the Justice Department in a Sacramento case? Because they proved that it was the lenders who were committing the fraud.
If you’re interested in the subject, Thomas Frank’s piece in Salon today, Finally, Wall Street gets put on trial: We can still hold the 0.1 percent responsible for tanking the economy, is a must-read. There’s more to it than this, but essentially the defense prevailed by arguing, successfully, that fraud is more than an untruthful statement, it’s an untruthful statement that is intended to and actually does deceive. So, if a mortgage lender doesn’t care whether the contents of a mortgage application are true, no fraud. Frank: