How Obama’s Failure To Prosecute Wall Street Set The Stage …
In his eight years as president, Barack Obama oversaw a civil rights renaissance, laid the groundwork for combating climate change, and shepherded the nation through its worst financial crisis since the Great Depression.
But his failure to prosecute Wall Street executives for causing the collapse of the housing market ushered in an era of populist rage that cleared the path for a demagogic reality-TV star to take the Oval Office, according to Jesse Eisingers new book, The Chickenshit Club, which hit shelves on Tuesday.
If they had, the history of the country would be different, Eisinger, a veteran financial reporter at ProPublica whose investigation on shady crisis-era Wall Street practices won a Pulitzer Prize in 2011, told HuffPost by phone. We would think of the financial crisis differently, think of the Obama administration differently; there would be a sense that the government was legitimate. There would be a sense of accountability after the crisis, the reforms would be tougher.
He added: I dont think we would have Donald Trump as president.
The book traces Department of Justice impotence on corporate crime back two decades. In 2000, the dot-com bubble burst, and the sudden deflation of highly valued early internet firms increased scrutiny over companies books across industries. At Arthur Andersen, the Chicago-based accounting giant that for nearly nine decades had been one of the nations top auditing firms, troubles began to mount. In 2001, the firm settled with the Securities and Exchange Commission for making false and misleading statements about Waste Management Inc. In 2002, the company found itself in the middle of telecom giant WorldComs $3.8 billion fraud scandal.
That year, President George W. Bush, eager to steady a quivering economy, signed an executive order establishing the Justice Departments Corporate Fraud Task Force. The team of prosecutors would ultimately bring down Enron in what became the worlds most infamous accounting-fraud scandal. But before toppling the energy-services company and sending its top executives to prison, DOJ investigators would snag another big fish, catching Arthur Andersen shredding its audits of Enron. In June 2002, the worlds fifth-biggest accounting firm effectively shut down after a conviction for obstructing justice.
The conviction rippled through the corporate world as Arthur Andersen laid off thousands of employees. The shock wave inspired a fierce backlash from corporate lobbyists and defense attorneys. They launched a PR campaign that painted prosecutors as overly aggressive cowboys willing to put people out of work and destabilize markets. Groups like the U.S. Chamber of Commerce funded appeals of the conviction all the way to the Supreme Court, and in 2005, the high court unanimously ruled against the Justice Department.
The court found that prosecutors failed to properly convey to the jury the laws Arthur Andersen broke essentially letting the firm off on a technicality, Eisinger argues. Today, prosecutors remain reluctant to indict large corporations for fear of driving them out of business, Eisinger concludes early in his book. Andersen had to die so that all other big corporations might live, free of prosecution.
Alex Wong via Getty Images
Changes to the way the Justice Department treated white collar crime came into sharp relief after the 2007 financial crisis. The Corporate Fraud Task Force of 2002 boasted nearly 1,300 fraud convictions by the time Obama replaced it in 2009 with the Financial Fraud Enforcement Task Force. The new entity combined the efforts of the Justice Department, the Department of Housing and Urban Development, the Securities and Exchange Commission and the Treasury Department, in what then-Treasury Secretary Timothy Geithner promised would act aggressively and proactively in a coordinated effort to combat financial fraud. But, lacking the focus or prosecutorial muscle of its predecessor, the task force turned out to be what critics called a clearinghouse of information and resources to facilitate enforcement by other government agencies. One former Justice Department official derided it to Eisinger as the turtle.
The book takes its name from an address then-U.S. Attorney James Comey gave in 2002 to a fresh-faced crop of elite Justice Department recruits. Before becoming the best-known FBI director since J. Edgar Hoover, Comey oversaw the Southern District of New York, a federal jurisdiction with domain over Wall Street. The district has long served as the premiere assignment for prosecuting corporate wrongdoing, with a magnetic attraction to some of the countrys most ambitious young legal minds. In the speech, Comey warned against joining the chickenshit club his shorthand for prosecutors who only pursue cases theyre almost certain to win. Justice, he argued, came of taking on violators for whom the system seems rigged, not picking off easy targets.
One of the books best examples of Comeys unheeded advice comes in the form of another figure famous today for his public disputes with the new administration: Preet Bharara, who served as the U.S. attorney in Manhattan from 2009 until Trump abruptly fired him in 2017. Bharara earned a reputation as the sheriff of Wall Street for prosecuting crooked hedge fund managers and insider trading cases. But as Eisinger describes it, the nickname was overblown. Compared with financial giants reckless mortgage security trading, insider trading amounted to a two-bit, low-level crime that has nothing to do with the systemic corruption on Wall Street, he said.
In the wake of the worst financial crisis since the Great Depression, right in Preets backyard, when banks that he and his office were supposed to police made egregious mistakes and acted recklessly and, I think, committed crimes up and down, the fact that they didnt prosecute is a scandal, Eisinger said. The argument that they looked and didnt find anything isnt persuasive. They either didnt look very hard, or they didnt dedicate enough resources.
Its easy to feel cynical about the broader legal system outlined in The Chickenshit Club. And at a time when the Justice Department faces a shrinking budget, the idea of a well-funded task force sniffing around potential dead ends for corporate crime is difficult to imagine. The first stages of a corporate criminal probe are typically carried out by a law firm hired by the company under investigation. For example, in 2008 two years after its CEO became the first top executive on Wall Street to own a company stake worth $1 billion Bear Stearns hired a law firm to probe the collapse of its mortgage-related hedge funds. Later that year, company, on the brink of bankruptcy, wassold to JPMorgan Chase at a fire-sale price.
The great secret to corporate criminal prosecution is that we have privatized and outsourced it to the companies themselves, Eisinger said. In doing so, theyre taking cues from the client of the company, and the client of the company is going to be studiously incurious about following investigative threads that might lead to the CEO or board rooms. Instead, they point the finger at a middle manager or someone expendable, and thats the person who gets indicted by the general government.
Its a revolving-door system. Those same law firms poach Justice Department prosecutors, with offers of far higher salaries than the government can afford. That makes the Justice Department just a middling step in the pipeline between elite law schools and big firms, which is true regardless of politics these days. Firms like WilmerHale and Covington & Burling lean Democratic, while Jones Day leans Republican.
The Democrats have very few differences from the Republicans now, Eisinger said. Theyre both drawing from the same elite legal culture, theyre all essentially clerking from the same judges or the same courts. Theyre all drawing from the same well with just little gradations in difference on ideology, mainly around social issues.
There are steps that would help. Salaries for Justice Department prosecutors top out around $150,000. That makes offers nearing seven figures from private firms hard to resist for someone in a costly city like New York or Washington. Eisinger recommended raising salaries for such public servants to $400,000.
The reality is you have a couple kids in New York City, and you do have great needs if you want to live an affluent life, he said. We should not say that you should live a life lacking in status or material wealth if you want to serve the government. Thats not the way to get the best service.
To its credit, The Chickenshit Club presents a stable of heroes, too. Theres Kathy Ruemmler, the former deputy director of the Enron Task Force who delivered the governments closing arguments in the trial that convicted former Enron executives Kenneth Lay and Jeffrey Skilling and later went on to become Obamas White House counsel. And theres U.S. District Judge Jed Rakoff, who argues to this day that government enforcers lack a backbone when it comes to indicting corporations. And Benjamin Lawsky, New York states former head of the Department of Financial Services, who, absent indictments, fined big banks hundreds of millions of dollars and forced dozens of employees to resign.
For all the failures of the Obama administration, the Trump White House threatens to be an order of magnitude worse, Eisinger said. Already, Attorney General Jeff Sessions has made street crime and drug enforcement higher priorities than corporate misdeeds. White House officials indicated that antitrust approval of AT&Ts merger with CNN-owner Time Warner may hinge on personnel changes at the network, whose aggressive reporting has drawn Trumps ire. Plus, Trump refused to sell his personal business, raising concerns that the Justice Department could become a tool to reward or punish the presidents partners and rivals.
Were going to have a kleptocratic administration that looks the other way at corporate crime and hands the federal government over to corporates for all sorts of malfeasance, Eisinger said.I anticipate the worst Department of Justice in our lifetimes.
Read more:
How Obama's Failure To Prosecute Wall Street Set The Stage ...
- The real reason why Maya Rudolphs SNL skit with Barack Obama was yanked off air - New York Post - December 31st, 2025 [December 31st, 2025]
- An Atlanta toy store will be featured in the Obama Presidential Center opening next year - WABE - December 31st, 2025 [December 31st, 2025]
- Kumail Nanjiani responds to viral rumor of affair with Michelle Obama - Times of India - December 31st, 2025 [December 31st, 2025]
- Maya Rudolph reveals what Barack Obama told her after unaired SNL sketch: 'Still don't know what that means' - Entertainment Weekly - December 31st, 2025 [December 31st, 2025]
- Maya Rudolph Reveals Why SNL Pulled Her Infamous Barack Obama Sketch from the Show - People.com - December 31st, 2025 [December 31st, 2025]
- Hollywood Actor Responds to Report Alleging Affair With Michelle Obama - Inquisitr News - December 31st, 2025 [December 31st, 2025]
- Military Quote of the Day by President Barack Obama: 'I don't oppose all wars. What I am opposed to is...' - 19FortyFive - December 31st, 2025 [December 31st, 2025]
- Marvel Actor Addresses Bizarre Rumor Hes Michelle Obamas Lover - The Daily Beast - December 29th, 2025 [December 29th, 2025]
- Michelle Obama Gives the Sweetest Shoutout to Exceptional Stylist Meredith Koop - Harper's BAZAAR - December 29th, 2025 [December 29th, 2025]
- MAHA backers refuse to stop pushing for healthier food as Obama-appointed judge deals blow - Fox News - December 29th, 2025 [December 29th, 2025]
- Obama Reveals She Was Supposed To See The Reiners On Night Of Their Deaths - Atlanta Daily World - December 29th, 2025 [December 29th, 2025]
- Kumail Nanjiani puts to bed bizarre rumour of affair with Michelle Obama - The Independent - December 29th, 2025 [December 29th, 2025]
- Henry Winkler Blushes as Michelle Obama Calls The Fonz 'Sexy' in New Interview: That Jacket 'Did Something to Me' - People.com - December 29th, 2025 [December 29th, 2025]
- Michelle Obama just redefined Christmas dressing in a black lace dress - and honestly, were officially o - Times of India - December 29th, 2025 [December 29th, 2025]
- Here Are My Favorite Books, Movies, and Music of 2025 - Barack Obama Medium - December 21st, 2025 [December 21st, 2025]
- Trump erects White House plaques for divisive Barack Obama and Sleepy Joe Biden - The Telegraph - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Reveals the Shocking Number of Christmas Cards She and Husband Barack Send Out Every Year - People.com - December 21st, 2025 [December 21st, 2025]
- Barack Obama Was Listening to Lady Gaga, Olivia Dean, and Rosala This Year, Too - Rolling Stone - December 21st, 2025 [December 21st, 2025]
- Opinion | Obama Supported It. The Left in Canada and Norway Does. Why Dont Democrats? - The New York Times - December 21st, 2025 [December 21st, 2025]
- Michelle Obama says she and husband 'were supposed to be seeing' Rob Reiner, Michele Singer on night they were killed - ABC News - December 21st, 2025 [December 21st, 2025]
- Obamas were supposed to see the Reiners the day they died, Michelle Obama says - CBS News - December 21st, 2025 [December 21st, 2025]
- Disparaging plaques for Biden, Obama appear in Trump's White House 'Walk of Fame' - France 24 - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Goes Bold Once Again in a Daring Dress Featuring an Unexpected Leather and Lace Detail - instyle.com - December 21st, 2025 [December 21st, 2025]
- Michelle Obama on death of Rob Reiner, wife: We were supposed to be seeing them that night - thehill.com - December 21st, 2025 [December 21st, 2025]
- Barack Obama just dropped his 2025 'Best Of' list. The internet has thoughts. - Mashable - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Gets Festive in a Sleeveless Top Made of Literal Tinsel and a Form-Fitting Textured Skirt - instyle.com - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Says She and Barack Were Supposed to See Rob and Michele Reiner the Night They Were Found Dead, Shades Trumps Post: They Are Not... - December 21st, 2025 [December 21st, 2025]
- Consider this playlist Obama's 2025 Spotify Wrapped reveal - Yahoo Creators - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Says She and Barack Were Supposed to See Rob and Michele Reiner on the Day They Died - People.com - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Cant Stop Wearing Looks Straight From the Chanel Runway - harpersbazaar.com - December 21st, 2025 [December 21st, 2025]
- Obama Presidential Center: Artist Theaster Gates will create a monumental ode to Black beauty next year - CNN - December 21st, 2025 [December 21st, 2025]
- *This* Is How to Make an Herv Lger Bandage Dress Look 2026 (not 2008), According to Michelle Obama - Who What Wear - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Continues Her Winning New-Chanel Streak - Vogue Arabia - December 21st, 2025 [December 21st, 2025]
- What Was Barack Obama Listening to in 2025? Former President Drops Annual List of Favorites - VICE - December 21st, 2025 [December 21st, 2025]
- Barack Obama shares his favourite reads of 2025 - The Bookseller - December 21st, 2025 [December 21st, 2025]
- Artist Theaster Gates Will Create a Monumental Ode to Black Beauty at The Obama Presidential Center - The San Diego Voice & Viewpoint - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Says She and Barack Were Set to See Rob and Michele Reiner the Day They Died - bet.com - December 21st, 2025 [December 21st, 2025]
- Josh Shapiro dings Obama over infamous 'bitter' comments in 2008, saying he 'insulted' voters - Yahoo - December 7th, 2025 [December 7th, 2025]
- TRUMP SLAMS OBAMA DOJ OVER ROGER CLEMENS CASE: ROGER WAS FULLY ACQUITTED! In a fiery post, Trump reignited a long-standing grievance, accusing the... - December 7th, 2025 [December 7th, 2025]
- MAGA Mouthpiece Issues Bonkers Warning About Obama Batman - The Daily Beast - December 7th, 2025 [December 7th, 2025]
- 'Full circle for me': Audience members react to former President Barack Obama's visit to Bentonville - KHBS - December 5th, 2025 [December 5th, 2025]
- Is Trump Following the Obama Drone Strike Model? - National Review - December 5th, 2025 [December 5th, 2025]
- Obama center to open in June - Politico - December 5th, 2025 [December 5th, 2025]
- Obama: America is an eternally youthful and forward-looking nation - Talk Business & Politics - December 5th, 2025 [December 5th, 2025]
- 'Netflix may become the Obama News Network': MAGA activist Laura Loomer's warning on Warner Bros acquisit - Times of India - December 5th, 2025 [December 5th, 2025]
- SHAPIRO DINGS OBAMA OVER INFAMOUS BITTER COMMENTS IN 2008, SAYING HE INSULTED VOTERS - WCCS AM1160 & 101.1FM - December 5th, 2025 [December 5th, 2025]
- Michelle Obama Reveals Seven Unknown Facts About Katt Williams - The Root - December 5th, 2025 [December 5th, 2025]
- An Eternally Youthful Nation: President Obama speaks at Heartland Whole Health Institute - kark.com - December 5th, 2025 [December 5th, 2025]
- Turn the reins over: Barack Obama is ready for the next generation to lead - TheGrio - December 5th, 2025 [December 5th, 2025]
- Trumps Kill List, Brought To You By Obama And Cheney - The Lever - December 5th, 2025 [December 5th, 2025]
- Obama talks people, politics and hope in Bentonville visit - uatrav.com - December 5th, 2025 [December 5th, 2025]
- Obama Presidential Center will open in Chicago in June, former president says - CBS News - December 5th, 2025 [December 5th, 2025]
- Michelle Obama Rocks Plunging Patterned Blazer With Daring Leggings and Black Thigh-High Boots - instyle.com - December 5th, 2025 [December 5th, 2025]
- Michelle Obama Had the Girls Gagged at The Boy Is Mine Tour - bet.com - December 5th, 2025 [December 5th, 2025]
- "Get out of the way": Obama calls on "old folks" in power to trust young activists, lawmakers - Salon.com - December 5th, 2025 [December 5th, 2025]
- Michelle Obama praises The Boy Is Mine Tour: Yall make me proud to be a Black woman - TheGrio - December 5th, 2025 [December 5th, 2025]
- Fugees Pras Michl sentenced to 14 years over illegal Obama donations - The Washington Post - November 24th, 2025 [November 24th, 2025]
- Obama wanted shutdown pain to be felt by Americans, while Trump kept focus on Washington, experts argue - Fox News - November 24th, 2025 [November 24th, 2025]
- Kris Jenner, 70, Cosigned the Practical Cool-Girl Pants Michelle Obama, 61, Has Been Wearing for Years - instyle.com - November 24th, 2025 [November 24th, 2025]
- Fugees rapper Pras Michel sentenced to 14 years in prison over illegal donations to Obama campaign - The Boston Globe - November 24th, 2025 [November 24th, 2025]
- Obama Leaders honor the people and places who shaped their journey - Obama Foundation - November 24th, 2025 [November 24th, 2025]
- Fugees rapper sentenced to 14 years in prison over illegal Obama donations - Al Jazeera - November 24th, 2025 [November 24th, 2025]
- How a St. Thomas Education Major Earned an Obama-Chesky Scholarship - Newsroom | University of St. Thomas - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Is Wrong: Women Can Win. - NOTUS News of the United States - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Pairs Her Plunging Crop Top With Butt-Grazing Braids in Powerful Photoshoot - instyle.com - November 24th, 2025 [November 24th, 2025]
- Trump and Republicans once more face a tough political fight over Obama-era health law - AP News - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Calls out White People For Telling Black Women How To Wear Their Hair - The Root - November 24th, 2025 [November 24th, 2025]
- Michelle Obama's Colorblock Sweater and Skirt Set Has the Most Surprising Winter Pattern - instyle.com - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Revealed The Blunt Reason Why She Won't Run For President - thelist.com - November 24th, 2025 [November 24th, 2025]
- President Obama: The Economy of the Future - MSN - November 24th, 2025 [November 24th, 2025]
- How millions of dollars in donations to Obama campaign landed Fugees rapper in jail - The Telegraph - November 24th, 2025 [November 24th, 2025]
- Fugees rapper Pras Michel sentenced to 14 years in prison for illegal donations to Obama campaign - The Haitian Times - November 24th, 2025 [November 24th, 2025]
- Why didn't Barack and Michelle Obama attend Dick Cheney's funeral? Here's the reason - The Economic Times - November 24th, 2025 [November 24th, 2025]
- Missteps with Obama Presidential Center shouldn't be the norm - Chicago Sun-Times - November 24th, 2025 [November 24th, 2025]
- Michelle Obama says the U.S. is 'not ready' for a woman president - NBC News - November 18th, 2025 [November 18th, 2025]
- Michelle Obama shares her styling hacks that make her confident and allow her to do the work - Fortune - November 18th, 2025 [November 18th, 2025]
- UK Twitter hacker who breached Obama's account ordered to repay $5.4 million in Bitcoin - Reuters - November 18th, 2025 [November 18th, 2025]
- Alyssa Farah Griffin rejects Michelle Obama's claim U.S. isn't ready for female president on 'The View' - Fox News - November 18th, 2025 [November 18th, 2025]
- The Trump prosecutor probing former top Obama administration officials - The Washington Post - November 18th, 2025 [November 18th, 2025]
- Michelle Obama on the chances of a female president - CNN - November 18th, 2025 [November 18th, 2025]