Who runs the world's most lucrative shakedown operation? If you are a big business ... America's regulatory system. The formula is simple: find a large company that may (or may not) have done something wrong; threaten its managers; force them to use their shareholders' money to pay an enormous fine to drop the charges in a secret settlement. Repeat with another large company. In many cases, the companies deserved some form of punishment: BNP Paribas ... abetted genocide, American banks fleeced customers. BP despoiled the Gulf of Mexico. But justice should not be based on extortion. Regulators and prosecutors are in effect conducting closed-door trials. The agencies that pocket the fines have become profit centres: Rhode Island's bureaucrats have been on a spending spree courtesy of a $500m payout by Google, while New York's governor and attorney-general have squabbled over a $613m settlement from JPMorgan. Not only are regulators in effect judge and jury as well as plaintiff in the cases they bring; they can also use the threat of the criminal law. The public never finds out the full facts of the case, nor discovers which specific people - with souls and bodies - were to blame. Since the cases never go to court ... it is unclear what exactly is illegal. That enables future shakedowns. Nor is it clear how the regulatory booty is being carved up. This ... risks the prospect of a selective - and potentially corrupt - system of justice in which everybody is guilty of something and punishment is determined by political deals.
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