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Another batch of alleged miscreants was arrested yesterday, swept up in the subprime hedge fund situation, which is the worst financial scandal of the decade, unless you can think of another, which I would be happy to hear.

The thing that struck me was the whole perp walk thing. Yesterday it was the two dudes from Bear Stearns, Matthew Tannin and Ralph Cioffi. I’m sure you saw it all on CNBC already. Two well-dressed guys trying with as much dignity as possible to look nonchalant as they are marched, handcuffed, into a hoosegow. If this was the 1950s, they would have had their fedoras neatly draped over the shackles. But men don’t wear hats anymore, unless you count baseball caps and that wouldn’t have really done the trick anyhow.

In passing let me just mention that I think Mr. Tannin and Mr. Cioffi handled their perp walks very well. I have often considered what I would do if I were accused of a crime and paraded like a prize sow down a walk of shame, and I’m just not sure. Crying is bad. Makes you look guilty. Smiling is bad. Makes you look guilty. A thoughtful expression, without a tie, is perhaps best, even though that also makes you look guilty.

Wait a minute. How is it possible NOT to look guilty on a perp walk? The answer is… it’s not.

So isn’t the perp walk essentially punishment BEFORE the benefit of a trial?

So I guess my question is… why the perp walk? Did the several hundred other alleged wrongdoers who were arrested yesterday have to endure it? Were the two going anyplace? Weren’t they in fact surrendering to authorities? Did somebody expect one or both to escape, running like mad through the streets, taking the elevator to the top of the Empire State Building to lob themselves onto the heads of passing pedestrians? Were the media alerted to the time and place of the perp walk, to get the maximum publicity value for prosecutors from the event? Of course they were.

Who else should get one, if these two alleged sleazoids meritied the full treatment? Can’t you think of some? Sure you can. If you’re having a problem, go back and Google “subprime mortgage,” pick out a few of the more dramatic examples of lousy financial management bordering on fiscal irresponsibility… many of those guys are exiting with exit bundles the size of a goiter. Inside traders are routinely harvested. Many have gone on to highly successful afterlives and are quoted with respect in the Wall Street Journal every week or hailed as great philanthropists. Why no perp walk for them?

How about the individuals responsible for the ethnic cleansing of middle Europe? Did you see any of them in a perp walk? Or the former Nazis who have, over the years, been quietly deported back to some jolly fatherland? Or the latest multi-millionaire musician indicted in some violent act on their spouse or artistic competitor?

If he is indicted, will Eliot Spitzer get one when he surrenders to the forces of moral rectitude? 

The only full-fledged perp walks I can recall in the recent past are for 1) madams of high-priced call girl services, 2) Paris Hilton and 3) white collar doofuses who were caught after decades of Federal, State and Local inattention allowed many of the crimes they are alleged to have committed.

So what’s the story? Whyfore? Whereas?

The Brooklyn prosecutor who held the press conference after the perp walk was very stern. He outlined all the crimes of which Tannin and Cioffi (among many, many others) are accused. He then virtually scolded his audience, making sure we, the public, kept in mind that people in this matter were innocent until proven guilty and should have every right to establish their innocence in a court of law.

So then… why the perp walk, huh?




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While it was highly unlikely that Tannin and Cioffi would make a break for it, it’s not outside the realm of possibility that guys like that would. Just look at that Israel guy who is apparently on the lamb in an RV.

What’s probably the best reason for the perp walk, I think relates to your blog several weeks ago (“Absolutely no power also corrupts” or something to that effect). The prosecutor makes Tannin and Cioffi do the perp walk… because he can.

Posted By T, Jvile, FL : June 20, 2008 12:55 pm

Enron was worse.

Posted By Matt, St. Paul, MN : June 20, 2008 2:48 pm

Stainless steel bracelets are the perfect accessories to go with their sacrificial robes as these Wall Street “virgins” are marched to the edge of the volcano. The only question remains: Will the gawds of public opinion be appeased or will they demand even more videotaped sacrifices?

Frankly, I say split them open and read their entrails.

Posted By Ivan, Washington, DC : June 20, 2008 4:38 pm

Rudolph Guiliani is credited with patenting the “PERP WALK”.

The “BING BLOG” mentioned white collar crime went unchecked for some reason or other for decades.

My guess is that an attemp is being made to publicly embarass those implicated in white collar crime.

In order to contain criminals hiding behind a code of ethics, Crucifix, or a Star of David, New York decided that public embarassment will be used to expose the ledgerdemain to his victims. Eliot Spitzer was Attorney General when the “PREP WALK” was patented.

Remember, “AUBU GRAIB PRISON” and “GUANTONOMO BAY”? One reaps what one sows!

Rule books keep honest people out of trouble.

Those who skirt the rule book face a prosecutor who also skirts the rule book. “TIT FOR TAT”. “AN EYE FOR AN EYE” etc. etc..

Posted By Bob Shelby Twp. Mi. : June 20, 2008 10:10 pm

The perp walk was fantastic. I loved seeing it. Great entertainment. I laughed, I cheered. They deserve it.

It was necessary because the lack of oversight by government entities (‘inattention’, I believe you called it) allowed these people to…deceive people out of their money and cause a market scandal. It wouldn’t have been necessary if they had conducted their business according to any standard of ethics. Call it poetic justice.

Posted By Matt, Manassas, VA : June 21, 2008 9:08 am

If this happened anywhere else in the world it would be declared a commie show trial, but when it happens in the states its called a perp walk.
Makes everybody feel good especially prosecutors who crave attention and recognition. Fishermen do the same thing “look what I caught”.
Guilty or not is immaterial, remember O.J., we all need the TV time for such things to replace boring shows.

What this world needs is good old fashioned public whippings and hangings, of course,we must have a pre-event warning to keep small children from being adversely affected.

Posted By Jack Hammond Canada : June 21, 2008 1:19 pm

They had to walk. Who can afford to drive?

http://www.sawyerspeaks.wordpress.com

Posted By sawyerspeaks : June 21, 2008 5:03 pm

The perp walk is to remind people that white collar crime is still a crime and people are hurt. Would the writer be so ticked if it were a couple of guys who robbed a store? Then he’d probably be asking why there wasn’t a perp walk. These may be the type of guys he wouldn’t mind sitting down with at a BBQ with the wife and kids, but the fact of the matter is these are criminals with morals no greater than any mugger and with as little concern for the people they’ve hurt. Don’t cry for them. They’re still slime.

Posted By Ken, Staten Island, NY : June 21, 2008 6:11 pm

It was done to make the point that white collar criminals are criminals. Should others have had the same treatment? Of course. Does their lack of similar treatment mean that these fellows should have gotten a pass? Absolutely not.

Posted By bill, Mechanicsburg, Pennsylvania : June 21, 2008 9:42 pm

If they really wanted to flee, why would they wait at home for the FBI to come and get them? I could see that if they were on the run, then “catching” them would be an actual accomplishment deserving the perp walk. But they just waited at home…

Posted By anonymous : June 22, 2008 1:21 pm

You know what? I end up agreeing with you guys. White collar crime IS a crime and people should know it. I just sort of find myself feeling weird about show trials, which is what this is — justice by PR. I also can’t help it. As one President said, I am not a crook… but I just kind of put myself in their place and feel squelchy about it. Maybe it’s because I sometimes wear the same kinds of clothes…

Posted By Bing : June 23, 2008 10:06 am

FEDERAL CIVIL CASE SUMMARY
Mortgage Recovery Service Center of Los Angeles acting through Oscar Contreras and Raychelle Phillips ( herein Plaintiffs), commence two multi million dollar consumer protection enforcement action in July 2009, against ARUROA LOAN SERVICE, ARGENT MORTGAGE COMPANY, LLC and EAST HILLS MORTGAGE; Deutsche Bank National Trust Company, OCWEN Loan Servicing, LLC, Smart Group Housing & Finance and First NLC Financial services, LLC (herein after defendants) and its employee’s (collectively), claiming that defendants, in originating and servicing certain “subprime” mortgage loans in 2006 in California, acted unfairly and deceptively by falsifying income and assets statements on a loan application in violation of title 28 USCA 1014 Loan and credit applications, 28 USCA 1343 Fraud by wire, 28 USCA 1956 Laundering of monetary, 15 USCA 45 (a) Power to Prohibit Unfair Practices and title 18 USCA 1951 & 1961 Racketeering Act.
Based on the loan documents issued, it is concluded that Mortgage Recovery Service Center of Los Angeles has established a likelihood of success on the merits of their claim that in originating home mortgage loans with four characteristics that made it almost certain the borrower would not be able to make the necessary loan payments, leading to default and then foreclosure, defendants have committed an unfair act or practice within the meaning of title 15 USCA 45 (a) Power to Prohibit Unfair Practices.
1. Background. (1) Defendants are an industrial bank chartered by the State of California. Between January and August of 2006, Defendants originated among others, two loans to California residents secured by mortgages on owner-occupied homes. Of these loans originated during that time period, each of them remain active and continue to be owned or serviced by defendants.(2) Each of these loans in California were subprime.(3) Because subprime borrowers present a greater risk to the lenders, the process of qualifying these subprime loan are typically not processed through the fraud mechanisms used to report suspiciously fraudulent loans for conventional or prime mortgages.(4) After funding the loan, defendants generally sold it on the secondary market, which largely insulated defendants from losses arising from borrower default.(5) Defendants General Corporations, Annual Report (Form 10-K) 1, 6 (Mar. 6, 2006).
In originating loans, Defendants did not interact directly with the Plaintiffs in the falsifying of income and assets documentation; rather, Defendants acting in concert with each other would select a mortgage product for Plaintiffs, communicate with each others account executive to request a selected product and provide the Plaintiffs loan application with the false income, assets and credit report. When approved by defendants underwriting department, the loan would proceed to closing and the Defendants would receive a broker’s fee and lenders would secure yield spreads.
Defendants subprime mortgage professionals provided a number of different features to cater to subprime borrowers. A large majority of Defendants subprime loans were supplied with factious check stubs, W-2’s, bank statements and or employment verifications, which bore an appearance of qualifying features thereby justifying the considerably higher mortgage payment for a period of what was generally a thirty year loan.
(6) Thus, Plaintiffs monthly mortgage payments would start out higher than that which could be reasonably afforded. To determine loan qualification, Defendants generally required that borrowers to have a debt-to-income ratio of less than or equal to fifty per cent — that is, that the borrowers’ monthly debt obligations, including the applied-for mortgage, not exceed one-half their income. However, in calculating the debt-to-income ratio, Defendants considered only the monthly payment required for qualifying the plaintiffs, not the payment that could actually be required of the plaintiffs.
(7) As an additional feature to attract subprime borrowers, who typically had little or no savings, Defendants offered loans with no down payments. Instead of a down payment, Defendants would seed a new or existing bank account to reflect required reserve amounts needed to better qualify plaintiffs, resulting in a desired “loan-to-value ratio” approaching as much as one hundred per cent. Most such financing was accomplished through the provision of a first mortgage providing eighty per cent financing and an additional “piggy-back loan” providing twenty per cent.
(8) As of the time Mortgage Recovery Service Center of Los Angeles initiated these cases in 2009, each of the loans were in default. (9) An analysis by Mortgage Recovery Service Center of Los Angeles shows that these loans indicated that all were ARM loans with substantially higher payments than could be afforded by plaintiffs, and that they both had a 90% loan-to-value ratio.
Darryl Hutchinson/Mortgage Fraud Specialist
Mortgage Recovery Service Center of Los Angeles
P.O. BOX 470697
Los Angeles, CA 90047
Contact NO: 1-310-957-7079
mrscofla@aol.com

Posted By Darryl Hutchinson, Los Angeles, CA : August 17, 2009 10:01 pm

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Stanley Bing
Stanley Bing is a Fortune columnist and best-selling author of business books noted for their wisdom as well as their sharp, slightly acrid sense of humor. He is also the only writer on business and the workplace who still puts on a suit and tie and goes to do battle with the dragons that breathe fire at corporate America every day. This blog captures what remains of his brain after it has exploded in all other directions.
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