““If we’re not bringing a certain kind of case, it’s because the evidence is not there — pure and simple,” Mr. Bharara said in 2014 in a wide-ranging interview with Worth magazine about why he never prosecuted a bank C.E.O…

…In that article — which is quite revealing and worth rereading — he offered some advice to the Greek chorus of politicians, pundits and others who suggested that he and other prosecutors had abdicated their responsibility by not pressing charges against the big banks or their top executives. “I would suggest that some of these critics should go to law school and apply themselves and become prosecutors, and make the case that they think we should be making,” Mr. Bharara said. “Sometimes there’s frustration, because the things that have happened don’t rise to the level of criminal conduct. People are being jerks and stupid and greedy and negligent, but you can’t pin a criminal case on them.”….If you think back to the immediate years following the financial crisis of 2008, Mr. Bharara, who took office in 2009, was pilloried for coming down far too lightly on bankers. He was accused of letting Wall Street off the hook for misdeeds that helped lead to the crisis, and he was frequently forced to defend the fact that no senior banker of note was prosecuted, let alone convicted, for the actions they took that brought the economy to its knees.”, Excerpt from, “Preet Bhara: Sherrif of Wall Street or Pragmatic Showman?”, Andrew Ross Sorkin, The New York Times, March 14, 2017

“Preet Bharara was President Obama’s appointee to U.S. Attorney of NY and Senator Schumer’s protégé. He is a liberal Democrat with a big ego and his eye on higher political offices, who would have loved to have prosecuted bankers for crimes for the 2008 financial crisis and yet he makes clear there were none. He does say there was bad behavior and negligence and yet while the government sued many and settled with many, where did anyone admit behavior that caused the financial crisis or where did the government prove it in court? As far as I am aware, nowhere…because I don’t believe it was true. If there weren’t systemic problems with government and its regulation of banking….why did capital levels have to more than double and other regulation dramatically increase? In other words, if it was individual bad or negligent behaviors, why did there have to be systemic (not just in the U.S., but globally!!!!) changes in finance, banking, mortgage lending, rating agencies, the Fed, etc? I’ll tell you why, because the liberal narrative that individual greedy and reckless bankers caused the financial crisis was and is a false narrative, an absolute Red Herring. And continued calls and complaints for crisis-era banker prosecutions and jailings, by liberal politicians like Bernie, Warren, Phil Angelides, etc….is modern day McCarthyism.”, Mike Perry, former Chairman and CEO, IndyMac Bank

Preet Bharara: ‘Sheriff of Wall Street’ or Pragmatic Showman?

Andrew Ross Sorkin

DEALBOOK

image002.jpg

Preet Bharara, left, then the United States attorney for the Southern District of New York, with the police commissioner at the time, William J. Bratton, at a news conference in June. Mr. Bharara was accused of being both too soft and too hard on Wall Street. Credit Louis Lanzano for The New York Times

When it comes to policing Wall Street, there are two distinct narratives about Preet Bharara’s tenure as the United States attorney for the Southern District of New York.

If you think back to the immediate years following the financial crisis of 2008, Mr. Bharara, who took office in 2009, was pilloried for coming down far too lightly on bankers. He was accused of letting Wall Street off the hook for misdeeds that helped lead to the crisis, and he was frequently forced to defend the fact that no senior banker of note was prosecuted, let alone convicted, for the actions they took that brought the economy to its knees.

Several years later, another story line emerged: Mr. Bharara had turned into the “Sheriff of Wall Street” by aggressively prosecuting hedge fund managers for insider trading. The New Yorker magazine called him “The Man Who Terrifies Wall Street.” But critics contended that this reputation was, in part, the result of overreaching: As evidence, they pointed to a federal appeals court that overturned two of Mr. Bharara’s most prominent insider trading convictions.

Both narratives, which are at odds with each other, misunderstand Mr. Bharara.

He is, at his core, a pragmatist — one with a proclivity for publicity.

“If we’re not bringing a certain kind of case, it’s because the evidence is not there — pure and simple,” Mr. Bharara said in 2014 in a wide-ranging interview with Worth magazine about why he never prosecuted a bank C.E.O.

In that article — which is quite revealing and worth rereading — he offered some advice to the Greek chorus of politicians, pundits and others who suggested that he and other prosecutors had abdicated their responsibility by not pressing charges against the big banks or their top executives.

“I would suggest that some of these critics should go to law school and apply themselves and become prosecutors, and make the case that they think we should be making,” Mr. Bharara said. “Sometimes there’s frustration, because the things that have happened don’t rise to the level of criminal conduct. People are being jerks and stupid and greedy and negligent, but you can’t pin a criminal case on them.”

His line of thinking was not popular then, nor is it now. A New York Times/CBS News poll in 2013 showed that nearly eight in 10 Americans felt that “not enough bankers and employees of financial institutions were prosecuted in their roles in the financial crisis.”

That’s not to say that Mr. Bharara did not want to be popular or seek out publicity. He very much did — as evidenced by the firestorm he created over the weekend by announcing on Twitter that he had been fired.

A subsequent tweet he posted — “Now I know what the Moreland Commission must have felt like” — was a reference to the New York State anticorruption commission that was disbanded when it focused on Gov. Andrew M. Cuomo. That tweet raised questions about whether Mr. Bharara was hinting that he had an investigation underway into President Trump. Or, to some who read it, perhaps it related to Mr. Cuomo.

Others speculated that Mr. Bharara, once accused in a court filing of being a “petulant rooster,” might be making provocative statements to test the waters for a run for governor of New York.

On Monday, Mr. Bharara left his office in what seemed like a staged procession with staff members and others applauding him, as television cameras captured it all.

Whatever the case, Mr. Bharara’s publicity efforts have always seemed to be part of a larger strategy.

In the many insider trading cases he brought, which were often heralded with news releases, his goal wasn’t just to win in court, but to scare Wall Street.

“Our efforts are bound to have a substantial deterrent effect on insider trading specifically, and perhaps on corporate corruption generally,” he said in a speech in 2011.

Indeed, much of the trading community has lived in fear of Mr. Bharara and his office. While it is hard to quantify the effect of his campaign, anecdotally, many firms have tightened up their compliance programs.

Steven A. Cohen, the billionaire hedge fund manager at the center of many of Mr. Bharara’s investigations, was never prosecuted, but did pay a record $1.2 billion penalty.

Still, some said Mr. Bharara went too far with the cases he brought. An appeals court overturned two insider trading cases, forcing him to seek the dismissals of seven similar convictions, and said his office was using a “doctrinal novelty” to prosecute the cases.

David Ganek, a hedge fund manager whose firm closed after an F.B.I. raid, took the unprecedented step of suing the Justice Department and naming Mr. Bharara as a defendant, saying the warrant used “falsely represented” that Mr. Ganek was involved in insider trading. The case is still being heard.

Whatever dent his reputation took for the reversal of the insider trading cases, Mr. Bharara seemed to make up for it by pursuing public corruption cases against Sheldon Silver, the former Democratic State Assembly speaker, and an investigation of Mayor Bill de Blasio.

Still, critics have suggested he went after small bore. “Hedge funds are safer targets,” Jesse Eisinger, a ProPublica reporter, wrote over the weekend. “Insider trading cases are relatively easy to win and don’t address systemic abuses that helped bring down the financial system.”

Maybe Mr. Bharara was just being pragmatic, with his deep understanding and appreciation for what would make news. In the Worth interview, he said: “I have never said that insider trading is the crime of the century. It has not been my personal focus. It’s the focus of the press because there are a lot of wealthy people that like the reporting of it.”

A version of this article appears in print on March 14, 2017, on Page B1 of the New York edition with the headline: ‘Sheriff of Wall Street’ or Showy Pragmatist?.

Posted on March 17, 2017, in Postings. Bookmark the permalink. Leave a comment.

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