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Kangaroo court convicts Occupy protester

DA Cyrus Vance Jr., Prosecutor for the Rich

Two and a half years after the Occupy Wall Street movement took the country by storm, injecting topics like income inequality and class war into the realm of permissible national political discourse for the first time since the 1930s, the nation’s legal machinery of repression has come down like a proverbial ton of bricks on the movement just as nationally coordinated police repression crushed its physical manifestation in late 2011.

The prosecution, and Monday’s ultimate conviction of Occupy Wall Street protester Cecily McMillan on the ludicrous charge of felony assault against a brutal male police officer who had grabbed her right breast from behind so hard it caused bruising, makes Manhattan District Attorney Cyrus Vance, Jr. the prosecutorial equivalent of the thug police officers like NYPD deputy inspector Anthony Balogna. Balogna, recall, was the “white shirt” police supervisor who was notoriously caught on video gratuitously spraying several young women directly in the face as they stood peacefully behind a police barricade during the early days of Occupy.

Vance, as Manhattan DA, is doing the same kind of thing with legal prosecutions, making a name for himself by gratuitously prosecuting the wrong people and meanwhile letting the real criminals skate.

Last year, he brought criminal charges against one of the city’s tiniest financial institutions, little Abacus Bank, a Chinatown-based community bank, claiming it had committed mortgage fraud. As I wrote here and in the magazine Crain’s New York Business, Abacus actually had discovered that a loan officer had been allowing loan applicants to lie about their income and had taken action itself, firing the individual and reporting the situation to the federal Office of Thrift Supervision. But Vance decided to go after the bank anyhow to make an example of it, claiming it was an classic case of the bank behavior that had caused the 2008 financial crisis. In fact, however, as Vance surely knew, Abacus Bank boasts a loan default rate of less than 0.5%, well below the national average of 6%. It had no involvement in subprime loans or derivative products, hadn't cost either the FDIC or Fanny Mae a cent, and didn't need a taxpayer bailout. Furthermore, as I pointed out in my articles, Vance has never sought criminal prosecutions of any of the truly criminal banks that are in his jurisdiction that did commit mortgage fraud on such a massive scale that it caused the nation’s financial and economic collapse: Goldman Sachs, Morgan Stanley, JPMorgan Chase, Citicorp, Merrill Lynch and Lehman Brothers, all of which have or had their headquarters right in Manhattan.

Instead of frog-marching the crooked CEOs of these massively corrupt institutions before media cameras to their arraignments, Vance had the media come to Abacus bank to run their cameras as a “chain gang” of young tellers was led out of the bank to an arraignment. The case against Abacus is still awaiting trial, and a court is still considering a motion by Abacus’s attorney to have the charges dismissed.

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