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Stemming The Surge of Fraud And Corruption

Friday, April 18 2008 06:47

A day after warning the Senate about a "tremendous surge" in the FBI’s mortgage fraud investigations, Director Robert Mueller talked in more detailed terms about the growth in both corporate fraud and public corruption cases at the annual conference of the American Bar Association's Section of Litigation in Washington, D.C.

Despite limited resources, Mueller said that the FBI’s corporate fraud cases have grown more than 80 percent since 2003. Last year, we had more than 490 corporate and securities fraud convictions.

He predicted that the problem will only worsen because of the "ripple effect of the sub-prime crisis and its impact on the credit market." The FBI, he said, has already "identified 19 corporate fraud matters related to the sub-prime lending crisis … targeting accounting fraud, insider trading, and deceptive sales practices." And, we’re currently investigating more than 1,300 mortgage fraud matters.

Mueller believes part of the problem is "rampant conflicts of interest in the corporate suites." He said that FBI investigations "further emphasize the need for independent board members, auditors, and outside counsel. Shareholders rely on the board of directors to serve as the corporate watchdog. ... [But] board members are often beholden to the executives they are expected to oversee."

Acknowledging recent FBI missteps resulting from inadequate internal controls—and a new Office of Integrity and Compliance to identify risks before they become problems—Mueller said, "As we all understand, it is better for a company to self-report and remediate its own wrongdoing before the FBI and the Department of Justice become involved. Executives who let the situation escalate to the point of a sudden restatement—and a resulting loss of shareholder confidence—often do greater harm to the companies they are trying to protect than if they had exercised early intervention."

Mueller said that in his days as a defense counsel, he "met a number of executives who could rationalize every bad decision," warning that "it is a slippery slope from behavior that skirts ethical or legal boundaries to behavior that crosses the line completely."

The FBI also works to combat corruption in the public sector—our top criminal priority—because, as the Director pointed out in his remarks, "democracy and corruption cannot co-exist."

Currently, the FBI has more than 2,500 open public corruption cases, an increase of more than 50 percent since 2003. During the past two years alone, more than 1,800 public officials have been convicted.

"The FBI," Mueller said, "is uniquely situated to address public corruption. We have the skills to conduct sophisticated investigations. But more than that, we are insulated from political pressure. We are able to go where the evidence leads us, without fear of reprisal or recrimination."

In the end, Mueller said, "it does not matter if the corruption is national or local … if it is millions of dollars or merely hundreds. There is no level of acceptable corruption."

4 comments

  • Comment Link disenchanted Monday, April 21 2008 12:24 posted by disenchanted

    I filed my complaint with the FBI in regard to mortgage fraud in late 06, early 07. It wasn't of much interest because the fraud issue had not come to the surface and mine was a lone complaint, and inexpensive (the FBI likes numbers in the millions before they will investigate). I am glad to know it finally is becoming something someone it trying to get a handle on. - a lot of people need to go to jail.

  • Comment Link G.UBER Monday, April 21 2008 08:23 posted by G.UBER

    WELL,WHAT DO KNOW ABOUT THAT!!! IF AS MR MUELLER SAYS,THAT IT MATTERS NOT THE AMMOUNT INVOLVED THEY WILL BRING THESE SCAMERS TO JUSTICE WHY DID THE FBI NOT DO THIS WHEN ALL THE EVIDENCE WAS GIVEN TO THEM ABOUT PROPERTY FLIPING AND FALSE APPRAISALS IN HARRIS COUNTY TEXAS???? MR. GEORGE UBER US RETIRED

  • Comment Link Bob McNeilly Sunday, April 20 2008 18:12 posted by Bob McNeilly

    If they are looking to stop corruption I would love to talk to them.
    You have no idea of what this type of thing does to you if you're not a victim.

  • Comment Link goodproofreader Sunday, April 20 2008 10:46 posted by goodproofreader

    more than "18,000" public officials have been convicted?? WRONG. he said "1,800".

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Rachel Dollar Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.
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