QuoteOriginally posted by: kc11415 Structuring or rating models pitched as being more sound than rationally justifiable taints anyone complicit...Individuals in the USA who may be only peripherally complicit in facillitating the dishonesty in structuring & rating might assume that plausible deniability might shield them against criminal charges by offering them reasonable doubt due to them not being aware of the bigger picture. Anyone depending upon plausible deniability might wish to familiarize themselves with the case of 821 F. 2d 844 - United States v. Bank of New England Nahttp://openjurist.org/821/f2d/844/united-states-v-bank-of-new-england-naSeparately, individuals in the USA who may be only peripherally complicit in facillitating the dishonesty in structuring & rating might assume that their specific personal actions might not be sufficient for them to have crossed the threshhold of criminal culpability. Such persons might wish to familiarize themselves withNew York Penal - Article 175 Offenses Involving False Written Statements
http://law.onecle.com/new-york/penal/PE ... 75.htmlFor anyone thinking their conduct to not have any Nexus within the jurisdiction of New York State Penal Law, they might wish to study any ISDA Master Agreements which night govern any subset of their structuring or rating activity, particularly the bit which says something like:Quote13. Governing Law and Jurisdiction (b) Jurisdiction. With respect to any suit, action or proceedings relating to this Agreement (?Proceedings?), each party irrevocably:- (i) submits to the jurisdiction of the English courts, if this Agreement is expressed to be governed by English law, or to the non-exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in New York City, if this Agreement is expressed to be governed by the laws of the State of New York; and (ii) waives any objection which it may have at any time to the laying of venue of any Proceedings brought in any such court, waives any claim that such Proceedings have been brought in an inconvenient forum and further waives the right to object, with respect to such Proceedings, that such court does not have any jurisdiction over such party. For anyone assuming that the definition of "business records" might be limited to things like "the books" or "accounting records" might wish to familiarize themselves with the case of
http://caselaw.findlaw.com/ny-supreme-c ... 514.htmlAs if that weren't enough, there are many jobs in the financial markets which require registration with various SRO's, particularly front office jobs. Some such registrations are published on public web sites and may include criminal prosecutions. So, if you get caught, then any member of John Q Public who is bored enough to pull up your record may have the fact of your criminal prosecution brought to their attention. Even if your employer doesn't do a comprehensive background check, if a customer later retrieves your registration record and complains to your employer about employing such a person, how long do you think it will take to toss you out.As for the defense of "everyone else does it," how well did that work for Raj Rajaratnam?There is a little game called "race to the court house," in which the first persons to reach out to prosecutors and volunteer to be a witness may be able to negotiate an immunity deal in which they escape with a record free from any arrests or indictments or convictions. Please do NOT PM me for with any questions about any of the above. (I will not respond) This post should not be construed as legal advice. If you need clarification on any of the above, you are advised to seek legal counsel from a qualified criminal defense attorney.
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