In the summer of 2012, a subcommittee of the U.S. Senate released a report. [After] looking into the London-based banking group HSBC, [investigators] discovered that ... the bank had laundered billions of dollars for Mexican drug cartels, and violated sanctions. No criminal charges were filed, and no executives or employees were prosecuted. Instead, HSBC pledged to clean up its institutional culture, and to pay a fine of nearly two billion dollars: the equivalent of four weeks' profit for the bank. In the years since the mortgage crisis of 2008 ... corporate executives have essentially been granted immunity. As recently as 2006, when Enron imploded, such titans as Jeffrey Skilling and Kenneth Lay were convicted of conspiracy and fraud. Something has changed in the past decade, however, and federal prosecutions of white-collar crime are now at a twenty-year low. As Jesse Eisinger, a reporter for ProPublica, explains in a new book ... a financial crisis has traditionally been followed by a legal crackdown, because a market contraction reveals all the wishful accounting and outright fraud that were hidden when the going was good. After the mortgage crisis, people in Washington and on Wall Street expected prosecutions. Eisinger reels off a list of potential candidates for criminal charges: Countrywide, Washington Mutual, Lehman Brothers, Citigroup, A.I.G., Bank of America, Merrill Lynch, Morgan Stanley. Although fines were paid ... there were no indictments, no trials, no jail time.
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