For the past twenty plus years, I have provided financial crime analysis and commentary, first for Complinet, then for World-Check, and more recently since 2011, on my blog and on LinkedIn. Though my primary focus has always been money laundering, there are usually other financial crimes which are part of each story.
Crime and the resulting punishment after conviction are generally normal components of my articles, but there are instances where the ends of justice never seem to occur. Consider a few of the more glaring examples: the Iranian sanctions evader who curiously receives "Time Served", rather than the Life Sentence his offenses so richly deserve. The Middle Eastern banker from Malta with the CBI passport whose case is magically dropped to purported Brady violations, and who goes on to live in the United States, with his extended family. The California career criminal who continues to exploit female victims with impunity, while the FBI chooses to ignore his conduct. I have reported on a number of such cases.
All these individuals have successfully participated in that dark, and generally unreported, aspect of our criminal justice system, that of Confidential Informants rendering Substantial Assistance, which often results in reduced sentences, or sometimes no significant punishment at all, due to their cooperation in criminal investigations, resulting in new indictments and/or the recovery of substantial amount of criminal proceeds.
While these cases, which seldom are fully reported in the media, may be ethically problematic to many people interested in the administration of justice, they are a fact of life, they are deemed necessary. the press rarely covers the quiet early release from custody of such individuals.The problem is where law enforcement, in its interest in continuing to receive valuable intelligence from its sources, insures that some criminals are allowed to target and exploit further victims in the process.
You may recall a Florida case I reported on a while back, where a Russian organized crime figure's New York case file was sealed, so the government could continue to receive his information without his criminal role being exposed; that individual then went to South Florida to commit a major real estate fraud. Anyone conducting due diligence on that person, not having access to his New York conviction, would believe him to be a legitimate businessman, which he definitely was not. There were significant victims, and the case stood out when a judge chose to punish a lawyer for later publicly revealing the sordid truth about the individual, when law enforcement wanted to keep it quiet.
I bring all this up in the context of Hamilton Reserve Bank, which curiously still has been able to maintain correspondent accounts at two major American financial institutions, notwithstanding years of civil litigation filed by depositors who allege that the bank has illegally withheld their money. Additionally, there has been zero U.S. law enforcement actions against Hamilton funds believed to be located in America, nor any indictment of anyone connected to the bank. Do you also wonder why?
Hamilton's victims are asking why their complaints to American law enforcement have been ignored; they may not like the answer. According to a reliable source, a senior bank official is rumored to be an informant for an American law enforcement agency. Given that defense counsel for the bank has frequently interposed in pending civil litigation, that many of their depositors are criminals or tax evaders, that makes sense. It would not be the first time a financial institution alleged to be involved on possible criminal activity got a pass from U.S. law enforcement, so long as it continued to feed actionable intelligence to its agents. I leave this information to be verified in the capable hands of counsel for the many plaintiffs/victims. They know best how to dig into the past and, perhaps, find a very interesting tidbit that may resemble what I have been referring to earlier in this article; Happy Hunting.