Too Big To Jail

What’s worse than unjust and ineffective laws like the failed War on Drugs and the failed sanctions on Iran?

Unjust and ineffective laws that apply to ordinary folks, but not to banksters:

When the Justice Department announced its record $1.9 billion settlement against British bank HSBC last week, prosecutors called it a powerful blow to a dysfunctional institution accused of laundering money for Iran, Libya and Mexico’s murderous drug cartels.

But to some former federal prosecutors, it was only the latest case of the government stopping short of bringing criminal money laundering charges against a big bank or its executives, at least in part on the rationale that such prosecutions could be devastating enough to cause such banks to fail.

They say it sounds a lot like the “too big to fail” meme that kept big but sickly banks alive on the support of taxpayer-funded bailouts. In these cases, they call it, “Too big to jail.”

This stings. It should sting anyone who cares about the idea of equality in front of the law, anyone who cares about the basic rule of law, anyone who doesn’t want to see their society devolve into a festering pool of feudalism.

According to the most recent data, there were 197,050 sentenced prisoners under federal jurisdiction of which 94,600 were serving time for drug offenses.There were 1,362,028 sentenced prisoners under state jurisdiction of which 237,000 were serving time for drug offenses. That’s over 300,000 individuals serving time currently for drugs offenses, in addition to over one million currently on probation. Now I don’t agree with the War on Drugs at all. But big banks are deemed too “systemically important” to be held to the same standard as the huge and disproportionately black population of low-level drug users.


If the Drug War laws don’t apply to the big banks — if Wall Street bankers who have broken the law can’t go to prison too — then how is incarcerating low-level drug users really much different to chattel slavery?

And not only do private prison companies pocket massive profits from the taxpayers’ purse for running the prisons, but prisoners are a pool of ultra-cheap indentured labour.

As Todd Curl notes:

Prisons in the United States used to be institutions of actual reform and rehabilitation. Men who entered a prison, would often learn a trade and have a usable skill to earn a legitimate living upon release. The recidivism rates have sharply increased as job and education programs within prisons–especially private prisons–have steadily declined. This is not to say that skills are not acquired in these private prisons, quite the contrary. In many of these private prisons, inmates are contracted as telemarketers, among other things, for many large corporations. These prisoners can earn as much as 75 cents an hour for their job–sometimes under 40 cents. What’s the payoff one might ask? For one, corporations get very cheap—third world cheap—labor that cannot unionize, cannot call in sick and cannot complain without fear of time added to their sentence or retaliation from guards who overworked and underpaid themselves, and risk losing their livelihood if an “uppity” prisoner refuses their indentured corporate servitude.

The War on Drugs is descending from tragedy into farce. Poor black drug users are fair game for the slave labour business. Rich Wall Street bankers who launder drug money? Nope.

In May I asked:

Have the 2008 bailouts cemented a new feudal aristocracy of bankers, financiers and too-big-to-fail zombies, alongside a serf class that exists to fund the excesses of the financial and corporate elite?

Only time will tell.

Time is telling.

Once a certain segment of society becomes protected from criminal liability, that society has travelled a long way down the road to feudalism, to a caste system, to serfdom.

96 thoughts on “Too Big To Jail

  1. Pingback: Too Big To Jail | My Blog

  2. Let’s not forget our good buddy Mark Rich. Skips to Europe after being indicted in the largest tax fraud in U.S. history. Solution? A big check to the Democratic fund raising entity and an undisclosed bribe to the Clinton “Library”. Pardon executed on last day in office. Works with either political party, not just dems. The legal system is a complete joke when it comes to the high rollers (donors). But this is nothing new. Corruption and pay to play is as old as government and legal systems. If being rich and powerful doesn’t allow you to bend or break the rules, why bother being rich and powerful? In my city the convicted county auditor (racketeering, soliciting bribes, etc) has finally seen a prison cell after two years of freedom while the average low-level drug dealer rots in a woefully over-crowded city jail. Remember Al Pachino in “Scareface” and the smooth looking banker that made the big bucks laundering all that coke money?

    The parties now refer to their “brand” and “image” as right they should. The public is easily swayed by emotion and treats politics like a big football game.

  3. The answer is not to “remove” the profit motive (impossible, anyway) by “nationalising” the production and maintenance of prison facilities (which creates a perverse incentive to fill space to profit from State contracts), as Todd might think, but to allow the market to more freely operate without the 300 or so States on Earth which are said to rule about 6 billion people. Hoppe has explained away this problem.

    It is wrong to prosecute people for digesting the things they want (drugs, in this case), just like it’s wrong to prosecute a bank for allowing people to digest the things they want.

  4. If laws are man made and they can be altered by anyone with power and might…we have reached a state of Nihilism where anything goes and if this is allowed to fester it destroys the society because no one wants to follow any laws including moral ones if the Law itself is changeable and relative and if powerful people are not accountable.

    Location (geography) and Order (laws) have become dislocated. Guntanamo Bay is where laws do not apply and a different set of emergency laws apply. This also means laws can be suspended and anything goes including dictatorship and feudalism there is no resistence to this, citizens have been ‘disarmed’ they have been told by casting a vote every 4 years or so, they are in charge. Now the state wants to disarm American citizens after the recent atrocity by a mentally disturbed individual. Citizens were to be armed according to the American constitution to keep the tyranny of central government in check.

    • Insofar as Law can only ever apply to individuals I can’t say that geography is detachable from Law unless admitting that a person can exist independent of geography, but even space travel would seem to defy this potentiality, because someone always exists some (physical) were that can be related to some other physical place. Frances once said to me, ‘oh, but what if I and my neighbour wanted to operate under different laws’; this just exposes her to the accusation that she has not read the “learned” literature on this subject, or else just opposed it thanks to a type of stubborn indifference. International law is already half privatised, certain legal jurisdictions are valued more than others in terms of where to denominate a contract for a (government) bond…plus corporations often have clauses in contracts for self-agreed 3rd party abritation outside State legal systems…as mentioned by that Guggenheim scholar lecture…See, you only need a tiny, technical legal change right at the top of the financial sphere to enable huge insurance groups to effectively start making peace more profitable than war

      • Though I am never one to be arrogant, I am happy to advocate with a fair degree of certainty what Nicola Tesla once said in


        In particular, said Tesla – the main man who was scientifically responsible for democratising electricity use to lift millions and millions, if not billions of people out of hopeless poverty:

        “Thus a state of human life vaguely defined by the term ‘Universal Peace’, while a result of cumulative effort through centuries past, might come into existence quickly, not unlike a crystal suddenly forms in a solution which has been slowly prepared”

  5. “We want competition in the milk industry and the car industry…but competition is not good when it comes to producing something that is bad from the point of view of property owners (and, remember, John Locke said each person has a private property in his own self). We would not, for example, want to have competition in people who run the best concentration camp, or who is the best mugger on the street…and this is the type of competition we have in democratic processes linked to State policy”…

    What soon becomes apparent is that the richest 1000 families on Earth share strong, common interest to promote the natural bond that exists not just between themselves and the poorest, but also between all humans on Earth, if we are to accept what John Locke said – that a (private) property exists in each person; the only difference being that with the 1000 those properties include property external to their immediate persons, whereas the poorest simply have only their own selves.

    Niccolò Machiavelli wrote: “With a people equally controlled by Law, as those Kings were, we shall find in that multitude the same good qualities as in those Kings, and we shall see that such people neither obey with servility, nor command with insolence”

  6. Look at how Tom Friedman (subconsciously) views society – the match to Hoppe’s theory is quite astounding, and it demonstrates Tom’s detached point of view vis a vis the relative, or at least increasing, irrelevance of States in the 21st century that was mentioned in that Harvard Business Review article, which mentioned how TF said in one book ‘the (legal) world is flat’ but then started to bemoan the type of globalisation he once so eloquently waxed poetic about :

    1. TF: “I’ve been a regular visitor to Vladimir Putin’s Russia” [so TF assumes Russia is one person’s property]

    2. TF then complains about the “heavy authoritarian gloss” he attributes to “Russia” and therefore, by logical extension, to Putin [as if each of the 300 or so States on Earth don’t all require (degrees of) authoritarianism]

    3. TF then says that Putin must “invest in education”, overlooking the fact that one of the most consequential effects of the information revolution of the early 21st century is that centralised forms of education, like those which were widespread last century due to State education policies, are not just becoming obsolete but are now actually sub-optimal – how can anyone teacher compete against the whole Internet for knowledge? Of course, the key is in partnering the two, but neither require the State, or centralised authority.

    4. TF then complains that Putin has not decided to “invest in human capital”, as if Putin were a botanist who was failing to water the flowers in his garden.

    I could go on, you get the point..

  7. Monad once wrote that….

    “To the extent that selection is still operative in our midst, it does not favor the “survival of the fittest” – that is to say, in more modern terms, the genetic survival of the “fittest” through a more numerous progeny. Intelligence, ambition, courage, and imagination, are still factors in modern societies, to be sure, but of personal, not genetic success, the only kind that matters for evolution. No, the situation is the reverse: statistics, as everybody knows, show a negative correlation between the intelligence quotient (or cultural level) and the average number of children per couple…A dangerous situation, this, which could gradually edge the highest genetic potential toward concentration within an elite, a shrinking elite in relative numbers”

    Maybe that’s why the population in Japan seems to be going extinct (their birth rate being too low)

  8. After all, those Japanese did just rely on a fairly vague, numerical calculation known as democracy to erect politic power in a man who’s now (publicly) ranting about printing to infinity

  9. I should just add, for what it’s worth, that I do agree with Churchill…that democracy is the worst form of government, except for all those other forms that have been tried…but whereas Churchill probably thought that democracy was the final, best and most popular form of government, I happen to think the same for self-government

  10. it’s interesting to note that..while the japanese have produced and continue to maintain some of the most popular car companies on earth, they also roam the seas killing whales

  11. Obama’s much-heralded ‘rule of law’ would be laughable were it not so tragic. It is beyond obvious that the rule of law has been applied selectively. LIke Communism’s philosophy of the end justifies the means, prosecutorial discretion is a bankrupt idea. The law cannot remain the law when it is applied with one eye on what might happen were it applied equally or conveniently ignored to avoid controversy.

    War crimes have been ignored because practical considerations were made. Banks too big to fail have not only escaped prosecution for blatantly criminal acts, they remain just as powerful and fewer in number than before the banking crisis.

    It has been said that the Supreme Court, when rendering a decision, does not make practical considerations. The decision is deliberated in a vaccuum, and if any practical considerations were made they would not admit it, because that would be to admit it was not the law.

    That leaves us with laws written without practicality in mind but selectively enforced with practical considerations. Sounds like an idea right out of Alice in Wonderland. Any number of Latin American dictators would like that idea.

  12. Perhaps the problem is not that people side-side the rule-of-law, but instead, that there is a rule-of-law to side-step.

    The number of laws made is directly proportional to the degree of theft taking place in said society.

  13. If you perpetrate the myth (real) among the poor and disenfranchised that the 1% and their politician lackeys are criminals (Tax evasion, graft, corruption) you will soon find that they are not as squeaky clean and righteous as they try to portray. People soon learn to disrespect them, ignore them, and in dire circumstances hang them from street corners. Or like the Nazis, round them up into houses and burn them alive. This is what happened in Ukraine in the 40’s. People got upset with the wealthy.

    Me, a poor boy from the wrong side of the tracks where street crime was common, thought that the 1%, the Politicians, came from great caring loving law abiding moral families. With age and wisdom, I have come to the conclusion that you don’t get rich without bending rules. I won’t be rich but my conscious is clear. I have class, they don’t.

    Look at Rupert Murdoch. His mother passed away the other day. Big charity patron and philanthropist. Possibly squeaky clean? But Rupert. He should have been jailed for not having the oversight he should have regarding the phone hacking scandal (At least 1 night with Bubba). If you want to grow big, you must still be accountable.

    The problem is revolution (In the same violent sense as the French Revolution) will never come. Back then the hot headed youth did not have the distractions they do now. Back then it was exciting and novel.

    So the rich 1% are in complete control. The lesson. DON’T DO DRUGS! DON’T LASH OUT!

  14. Americans are fools & whiners! They refuse to defend their pseudo-democracy from the rich whiteboy thieves, liars and cheats! They’d rather allow childless thugs run the nation and send their children off to die in unwinnable resource wars of Genocide in non-white nations. Since the ‘Guilded Age’, America has become a fountain of political criminality. Our courts, judges and Congress are replete with ignorant, self-serving plutocrats BOUGHT & PAID FOR by the grandest 1,500 THIEVES since Ali Baba! and Americans just clap their hands with glee like stupid children at an Des Moines, Iowa magic show!

  15. I wrote the article below some time ago.

    Why Are These Looters Still Free?
    By Stephen J. Gray

    “Pension and social security funds have also been stolen and moved offshore, leading to the end of fiscal responsibility and sovereignty as we know it.” [1]
    Finance Examiner, November 7, 2010.

    The financial system world wide has been looted by financial criminals yet none of the elites have gone to jail. There is very little in depth coverage of these financial crimes in the corporate media. No pictures are flashed across the evening news, asking: “has anyone seen or have information on these financial thieves.” No endless front page stories calling for law and order or for the arrest of these sophisticated financial thugs. No calls for confiscation of their offshore tax free and banking facilities. No demands by politicians to make the financial system safe from rogue bankers. In fact, no calls for jail time, investigations or any prohibitions on these monetary bandits who destroyed the financial system. Instead they got bailed out by tax-payers dollars. Some have been known to advise governments and others are known as “eminent persons” in the financial field. …

    read more at link below

    • 1. Lobby Governments to create 401K Laws.
      2. Give workers lower wages, but “compensate” them via 401K contributions.
      3. Short the market, threaten lawmakers with “financial calamity”. Receive bailouts.
      4. Buy back the beaten down stock from panicked 401K investors.
      5. Repeat as required.

      HANG THEM!

  16. It’s getting to the point where those of us with scruples, who have personal difficulties with breaking the rules and harming others, should be getting disability payments. We’re not going to be able to function normally in this society.

      • I am sure the Bible says something like the poor shall inherit the Kingdom of God. Poverty is not a bad thing if you also have a strong community with a binding idea (religion also means a binding idea). Ibn Khaldun said if these people on the outskirts of mainstream society appoint a leader and have a binding idea with kinship which transcends race, class etc. they become irrisistable.

  17. Pingback: Forget “Fast and Furious”… This could be the Obama “Justice” Department’s most outrageous move yet |

  18. It should be very easy for anybody who rents a house or apartment to understand that privatising society is not at all a radical thing, most of it is already done! Look a this NYTs article, the author suggests a quite intriguing one of increasing privatisation fo whole neighbourhoods, and no doubt the US Supreme Court would not outright dismiss such thinking

    “They could take a laissez-faire approach, or ban tenants from advertising on Airbnb entirely — in which case the app would help them detect and fine any violators”

    I continue to maintain faith in the US! Actually would love to buy property there one day in the future

  19. Business people in the US are going to start designing apps for farming, I have no idea in what capacity this will occur or what will such apps achieve, but far from automating all food production, I think that though this will occur, you will also see a renewed appreciation for the actually act of working with the land in your community to produce food. The real issue is water.

  20. I should add, the author of that NYTs article was a law clerk for Judge Richard Posner, one of many adherents to the new, global discipline of scholarship that’s now titled “Law and Economics” – which has emanated in part from the Chicago School (the ‘transaction costs’ thinking) and has as its first principal the freedom to contract combined with a committed respect to private property rights. All this should filter up to cases of sovereign debt restructuring in NY courts over time, hopefully. Politicians to sign up to debt do so in their own name, not on behalf of strangers they arbitrarily declare themselves representatives of.

  21. It’s actually ironic. Poor lawyers, used to nothing but massive folders of entangling legislation that they need constantly wade through during sleepless nights for multibillion dollar cases, have reached a point of such utter disrespect for “public law” that they now suggest to their clients that the incompetence of government law can in some instances actually be consciously deployed as a defensive, legal mechanism

    European lawyers call a similar tactic an “Italian torpedo,” referring to filing a suit in Italy before plaintiffs can do so in another country. Italian courts can take years to rule on jurisdiction, derailing the litigation, Thole said. Porsche’s strategy is similar.

  22. Can government welfare be replaced with private charity? To what degrees can tax codes stimulate individuals or companies into being more charitable? So Important!

  23. The most astounding, if not disturbing thing is, the gentleman who teaches at a well regarded University asking why taxes should subsidise things after just complaining that charity too often relies on coercion while also declaring that the public sector delivers “basic services” (like food!?) better than the private sector. Tragic, truly tragic.

  24. Why are not national police forces employed to guard gold? Perhaps the private security industry performs better, or is at least able to offer more specialised services thanks to better flexibility? That is, after all, why many popular bars and clubs use security guards from the private sector

  25. Pingback: Show #0008 – Mrality, do we need it? | NoSoluTion.oRG

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