RMBS Working Group May be Looking to Switch Prosecutorial Strategy in Pursuing Wrongdoing
July 26, 2013
Federal prosecutors and members of the Justice Departments Residential MBS Working Group are reportedly considering a new strategy for criminally charging Wall Street bankers for alleged fraud in their packaging and sale of MBS backed by subprime mortgages at the peak of the housing frenzy. According to Reuters, the members of the working group are eye-balling a shift in strategy that would involve moving away from the more widely used securities fraud charges to the less common offense of bank fraud. Perpetrators of bank fraud can be charged up to 10 years after their crimes, compared with the five-year statute of limitations on securities fraud, which has already run out on most events leading up to the 2008 financial crisis, Reuters reported. A bank fraud conviction carries up to $1 million in fines and a maximum prison sentence of 30 years. Laurence Platt, financial services practice leader in the Washington, DC, office of the K&L Gates law firm, said...