The System Is “Rigged” by the “Unelected Permanent Governing Class”

(p. 10) With its broad historical scope, Eisinger’s book lacks the juicy, infuriating details of “Chain of Title,” David Dayen’s chronicle of foreclosure fraud — another instance of white-collar crime that went largely unpunished. With its emphasis on institutions and incentives, it doesn’t serve up the red meat of Matt Taibbi’s “The Divide,” a stinging indictment of the justice system’s unequal treatment of corporate executives and street-level drug offenders. But for someone familiar with the political landscape of the contemporary United States, Eisinger’s account has the ring of truth.
After decades in which Wall Street masters of the universe were lionized in the media and popular culture, star investment bankers — rich, usually white men in nice suits — just don’t match the popular image of criminals. Democrats as well as Republicans cozied up to big business, outsourcing the Treasury Department to Wall Street and the Justice Department to corporate law firms. Even after the financial system collapsed, the Obama administration’s priority was to bail out the megabanks — to “foam the runway,” in Treasury Secretary Tim Geithner’s words. The Justice Department became increasingly staffed by intelligent, status-seeking, conformist graduates of the nation’s top law schools — all of whom had friends on Wall Street and in the defense bar. In that environment, the easy choice was to play along, strike a deal with an impressive-sounding fine (to be absorbed by shareholders) that held no one responsible, and avoid risking an acquittal or a hung jury. (The book’s title comes from then-U.S. Attorney James Comey’s name for prosecutors who had never lost a trial.) Corruption can take many forms — not just bags of cash under the table, but a creeping rot that saps our collective motivation to pursue the cause of justice. As Upton Sinclair might have written were he alive today: It is difficult to get a man to understand something, when his résumé depends upon his not understanding it.
There’s just one problem. While the “unelected permanent governing class” may have been willing to look the other way when highly paid bankers wrecked the economy, many of the workers who lost their jobs and families who lost their homes were not. Outside the Beltway, the fact that the Wall Street titans who blew up the financial system suffered little more than slight reductions in their bonuses only reinforced the perception that the “system” is “rigged” — with the consequences we know only too well. Many people simply want to live in a world that is fair. As Eisinger shows, this one isn’t.

For the full review, see:
JAMES KWAK. “Getting Away With It.” The New York Times Book Review (Sunday, JULY 9, 2017): 10.
(Note: ellipsis added.)
(Note: the online version of the review has the date JULY 5, 2017, and has the title “America’s Top Prosecutors Used to Go After Top Executives. What Changed?”)

The book under review, is:
Eisinger, Jesse. The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives. New York: Simon & Schuster, 2017.

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