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Danny Schechter - ColdType

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195<br />

ing plunder of resources is if there’s a structural change,” he<br />

said, “a structural change in the way the Street is allowed to<br />

do business.”<br />

Will we see more prosecutions? Criminal law expert John<br />

Coffee said he expects so, but stresses that the rights of defendants<br />

must be assured.<br />

Antar, who was a defendant, says the government only has<br />

the capacity to investigate and prosecute a relative handful of<br />

cases.<br />

The courts also seem unequipped to deal with complex<br />

criminal cases, writes Gillian Tett in the Financial Times:<br />

Some senior figures in the financial world are looking for solutions<br />

to this. Jeffrey Golden, a prominent lawyer who helped<br />

to create the modern derivatives world, for example, thinks<br />

there is an urgent need for a specialist, cross-border financial<br />

court (in much the same way, say, that there are specialist<br />

family or trade courts.) This, he argues, could be staffed by<br />

former derivatives experts and lawyers, since these not only<br />

understand finance but also have a vested interest in ensuring<br />

that their beloved derivatives business is built credible<br />

foundations.<br />

But there seems to be a limited chance that Golden’s sensible<br />

suggestion will fly soon. Right now, in other words, the<br />

Western financial system is stuck with a legal structure that<br />

seems ill-equipped to cope.<br />

But, even if there are more prosecutions, that may not lead<br />

to the changes we need argues Max Wolff, “I think you will<br />

see a bunch of people get some prison sentences. More importantly,<br />

and a bigger question to me is, will we see a structural<br />

change or will we go through a long, bad recession while we<br />

waste our money struggling to rebuild an unsustainable system<br />

that should have never been erected in the first place?”<br />

I share Wolff ’s sense that just tossing more people in prison<br />

will not solve the problem, even if feels good to know these

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