Dan Solin: The Citigroup Settlement: Legal Fiction Exposed: "Judge Rakoff is a Clinton appointee who joined the federal bench in 1996. He was previously a federal prosecutor and a defense attorney in white collar criminal cases. He has a long history of asking prickly questions about settlements with big Wall Street firms, and the Citigroup case was no exception.
He wants an explanation of how Citigroup can be accused of serious securities fraud, but not be required to admit or deny wrongdoing. The response will be interesting. To the average citizen, engaging in the kind of conduct alleged in the Citigroup complaint looks like fraud. If they are guilty, why shouldn't they admit their guilt?
He would like to know if the public interest would be better served by a trial, which would determine conclusively whether the charges are true. He is right. Either Citigroup should admit its guilt or there should be a trial where all the evidence will be made public and a jury can determine guilt or innocence.
He is concerned that the amount of the proposed $95 million penalty might not have deterrent effect. It won't. It is a drop in the bucket for Citigroup, which reported third quarter 2011 revenues of $20.8 billion."
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