Eric Holder has long insisted that he tried really hard when he was attorney general to make criminal cases against big banks in the wake of the 2007 financial crisis. [Yet Holder] held his department back [according to] a new, thoroughly-documented report from the House Financial Services Committee. Prosecutors in 2012 wanted to criminally charge the global bank HSBC for facilitating money laundering for Mexican drug lords and terrorist groups. But Holder said no. In September 2012, the Justice Department's Asset Forfeiture and Money Laundering Section (AFMLS) formally recommended that HSBC be prosecuted for its numerous financial crimes. From 2006 to 2010, HSBC failed to monitor billions of dollars of U.S. dollar purchases with drug trafficking proceeds in Mexico. It also conducted business going back to the mid-1990s on behalf of customers in Cuba, Iran, Libya, Sudan, and Burma, while they were under sanctions. Such transactions were banned by U.S. law. AFMLS Chief Jennifer Shasky wanted to seek a guilty plea for violations of the Bank Secrecy Act. On November 7, Holder presented HSBC with a "take it or leave it" offer of a deferred prosecution agreement, which would involve a cash settlement and future monitoring of HSBC. No guilty plea was required. HSBC [then] successfully negotiated to have individual executives immunized from prosecution. Lack of desire at the highest levels of the Justice Department was ... the primary reason that no prosecutions took place.
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