International Journal on Criminology Volume 2, Number 1, Spring 2014 | Page 7

International Journal on Criminology - Volume 1 Issue 1 - Fall 2013 The Long Arm of Crime and Financial Crisis Alain Bauer Starting with the "Yakuza recession" of the 1980s, then the U.S. Savings and Loans Crisis of the same era, followed by Mexico, Russia, and Thailand, a series of financial crises with a more or less marked criminal dimension has rocked the world's leading countries over the last 30 years. Central regulators paid no attention to this phenomenon despite International Monetary Fund (IMF) estimates of a quantity of dirty cash of between 1% and 5% of world gross domestic product (GDP). The world of crime has become a financier of primary importance. The Savings and Loans Hold Up The Savings and Loans Crisis devastated U.S. savings associations in the 1980s. Almost two thirds of these institutions went out of business through bankruptcies that were clearly fraudulent. The crisis is estimated to have cost around US$160 billion, US$124.6 billion of which was doled out by the U.S. Treasury, a cost equivalent to World War II. 1 Jean-François Gayraud reminds us that, according to the U.S. General Accounting Office (the federal accounts auditing body) and to the numerous judicial, university, and journalistic investigations conducted since, these bankruptcies resulted from massive and systematic misappropriations carried out from inside the savings associations themselves by senior executives (white collar crime), sometimes in association with members of traditional gangland groups. Effective governance of these "thrift" associations had become lax. The Garn-St Germain Depository Institutions Act 1982 had deregulated the sector regardless of its particular sensitivity to criminal ambitions. Local Mafias leapt into the breach. Based on falsified documents, an increasing number of loans at very low interest rates were granted to "friends" on very "flexible" terms and conditions. At the same time, a systematic use of "creative" accounting concealed the colossal losses. In 1987, the U.S. Attorney General acknowledged massive frauds. The vast majority of the ill-gotten gains raked in by the fraudsters were secreted away into tax havens. It also led to the collapse of the U.S. construction market, which fell from 1.8 million new homes per year to only 1 million between 1986 and 1991. "Yakuza Recession" 2 The Japanese "Yakusa" are some of the most powerful organized crime organizations. In 2008, there were nearly 90,000 members amalgamated into 1 On this crisis see (in French) Jean-François Gayraud, "Crises Financières: la Dimension Criminelle" (Financial Crises, the Criminal Dimension), Défense Nationale et Sécurité Collective, December 2008; Jean-François Gayraud, "La Dimension Criminelle de la Crise des Subprimes" (The Criminal Dimension in the Subprime Crisis), Diplomatie, Special Edition No. 8, April–May 2009 and (in English) Kitty Calavita, Henry N. Pontell, and Robert H. Tillman, "Big Money Crime, Fraud and Politics in the Savings and Loan Crisis", University of California Press, 1997. 2 On this crisis see Jean-François Gayraud, "Le Monde des Mafias, Géopolitique du Crime Organisé" (The Mafia World, Geopolitics of Organized Crime) (Odile Jacob, 2005 and 2008); Jean-François Gayraud, Crises Financières: la Dimension Criminelle (Financial Crises, the Criminal Dimension), Défense Nationale et Sécurité Collective, December 2008. 5