1 00:00:03,480 --> 00:00:07,560 Speaker 1: Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every 2 00:00:07,640 --> 00:00:10,440 Speaker 1: day we bring you insight and analysis into the most 3 00:00:10,480 --> 00:00:13,399 Speaker 1: important legal news of the day. You can find more 4 00:00:13,480 --> 00:00:18,040 Speaker 1: episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud 5 00:00:18,320 --> 00:00:22,600 Speaker 1: and on Bloomberg dot com slash podcasts. A Wall Street 6 00:00:22,640 --> 00:00:26,239 Speaker 1: nemesis is joining the House Financial Services Committees investigation of 7 00:00:26,280 --> 00:00:29,000 Speaker 1: Deutsche Bank. His name is Bob Broach and he spent 8 00:00:29,040 --> 00:00:33,320 Speaker 1: more than twenty years with the Senate's Permanent Subcommittee on Investigations. 9 00:00:33,600 --> 00:00:36,880 Speaker 1: Joining me is Greg Farrell, Bloomberg News legal reporter. Greg 10 00:00:36,880 --> 00:00:39,640 Speaker 1: tell us a little bit about his personality, obviously, his 11 00:00:39,760 --> 00:00:45,240 Speaker 1: prosecutor personality and his investigation style. Well, first of all, 12 00:00:45,280 --> 00:00:49,680 Speaker 1: he's not a prosecutor. He's an investigator. He's very deliberate. 13 00:00:50,080 --> 00:00:54,760 Speaker 1: He's actually um very much a plane. Uh, he doesn't 14 00:00:54,760 --> 00:00:56,680 Speaker 1: stick out. If he didn't, you know, if it didn't 15 00:00:56,680 --> 00:00:58,240 Speaker 1: have this type of job, I'm not sure you would 16 00:00:58,240 --> 00:01:00,440 Speaker 1: have heard of me. He's not a flamboyant guy. He 17 00:01:00,480 --> 00:01:03,920 Speaker 1: does not call attention to himself, but he's very deliberate. 18 00:01:03,960 --> 00:01:06,920 Speaker 1: He's almost a nerd when it comes to pouring over 19 00:01:07,000 --> 00:01:11,760 Speaker 1: documents and being very thorough about whatever the subject he's done, 20 00:01:11,760 --> 00:01:14,160 Speaker 1: and based on his track record, I think he's quite 21 00:01:14,240 --> 00:01:17,640 Speaker 1: skeptical of a lot of big banks, and you know 22 00:01:17,720 --> 00:01:20,720 Speaker 1: their ability to comply with the law. You need a 23 00:01:20,800 --> 00:01:24,039 Speaker 1: nerd for this kind of investigation. Tell us about some 24 00:01:24,120 --> 00:01:27,640 Speaker 1: of his past investigations for the Senate. Well, the first 25 00:01:27,640 --> 00:01:31,240 Speaker 1: time I came across him was on Planet Enron, which 26 00:01:31,280 --> 00:01:34,279 Speaker 1: I covered in a previous life many years ago, and 27 00:01:34,800 --> 00:01:38,039 Speaker 1: I went to hear the presentation that the Senate Permanent 28 00:01:38,120 --> 00:01:42,040 Speaker 1: p s I, the Permanent Subcommittee on Investigations, had done 29 00:01:42,200 --> 00:01:47,840 Speaker 1: on loans from JP Morgan Chase and City Group to Enron, 30 00:01:48,080 --> 00:01:49,920 Speaker 1: and I, if I recall correctly because it was many 31 00:01:50,000 --> 00:01:53,800 Speaker 1: years ago, the substance of that was that Enron borrowed 32 00:01:53,800 --> 00:01:56,960 Speaker 1: money but then claimed it put it on its income 33 00:01:57,000 --> 00:02:00,000 Speaker 1: statement as revenue as opposed to debt, or it's bound 34 00:02:00,000 --> 00:02:02,360 Speaker 1: and revenue as opposed to debt. A big no no. 35 00:02:02,680 --> 00:02:05,360 Speaker 1: And the bank's basically allowed this to happen or didn't, 36 00:02:05,640 --> 00:02:08,400 Speaker 1: even though it seemed that they should have known. And 37 00:02:09,320 --> 00:02:13,720 Speaker 1: it was quite a thorough impressive investigation. Other people, including 38 00:02:13,760 --> 00:02:19,160 Speaker 1: the Manhattan District Attorney, also glommed onto this um and 39 00:02:19,520 --> 00:02:22,480 Speaker 1: you could tell this guy was driven by trying to 40 00:02:22,520 --> 00:02:26,000 Speaker 1: find you know, what had actually happened, as opposed to 41 00:02:26,840 --> 00:02:29,720 Speaker 1: back then there was a lot of Uh, there was 42 00:02:29,760 --> 00:02:34,080 Speaker 1: a circus light atmosphere, particularly among Democrats in Washington, regarding 43 00:02:34,160 --> 00:02:36,960 Speaker 1: ken Lay and ken Lay's relationship with President George W. 44 00:02:37,120 --> 00:02:40,320 Speaker 1: Bush and his father. Roach did not play in that 45 00:02:40,360 --> 00:02:43,560 Speaker 1: game at all. He was just very specific about these loans. Uh. 46 00:02:43,760 --> 00:02:46,360 Speaker 1: The the bad guy, if you will, on those deals 47 00:02:46,360 --> 00:02:48,600 Speaker 1: were the big banks, and he was there to castigate 48 00:02:48,680 --> 00:02:52,520 Speaker 1: them for, you know, basically entering into these deals without 49 00:02:52,560 --> 00:02:55,079 Speaker 1: you know, doing their own due diligence. I covered the 50 00:02:55,120 --> 00:02:59,160 Speaker 1: trial and the circus like atmosphere continued throughout. Now he's 51 00:02:59,160 --> 00:03:02,320 Speaker 1: already investigate as you mentioned banks and Deutsche Bank. What 52 00:03:02,520 --> 00:03:05,480 Speaker 1: is the committee planning to investigate here? Do we know 53 00:03:05,600 --> 00:03:10,079 Speaker 1: what their investigation will be focusing on? Only what Adam 54 00:03:10,120 --> 00:03:12,359 Speaker 1: Schiff had said last week. It's one of the few 55 00:03:12,360 --> 00:03:16,120 Speaker 1: public statements he and Congresswoman Waters have made, is that 56 00:03:16,160 --> 00:03:20,800 Speaker 1: they will be looking into basically personal not personal business deals, 57 00:03:20,800 --> 00:03:24,600 Speaker 1: but business deals between the Trump organization and Russia and 58 00:03:24,639 --> 00:03:29,160 Speaker 1: looking for any threads from Russia that tie into Trump 59 00:03:29,560 --> 00:03:36,400 Speaker 1: as candidate, Trump as real estate developer. Uh. License or etcetera. Um, 60 00:03:36,520 --> 00:03:40,160 Speaker 1: that was Shift statement. I think, um, you know, Congressman 61 00:03:40,240 --> 00:03:43,120 Speaker 1: Waters is being careful. She sent out a series of 62 00:03:43,200 --> 00:03:45,360 Speaker 1: letters when she was in the minority two years ago 63 00:03:45,600 --> 00:03:48,560 Speaker 1: that went nowhere. She she asked Deutsche Bank for you know, 64 00:03:48,760 --> 00:03:52,920 Speaker 1: information about client, you know, Donald J. Trump, for a 65 00:03:52,960 --> 00:03:57,400 Speaker 1: couple of loans that the bank had extended in for 66 00:03:57,480 --> 00:04:01,000 Speaker 1: the Post Office hotel in Washington, UHD Rale golf course 67 00:04:01,040 --> 00:04:05,280 Speaker 1: in Florida, as well as the Chicago Tower, and because 68 00:04:05,280 --> 00:04:07,560 Speaker 1: she didn't have the power of subpoena, the bank did 69 00:04:07,560 --> 00:04:12,119 Speaker 1: not have to respond. Um. She then sent a few 70 00:04:12,120 --> 00:04:15,880 Speaker 1: subsequent letters basically trying to push the Republican chairman of 71 00:04:15,880 --> 00:04:17,960 Speaker 1: the committee to do something, and then push the House 72 00:04:18,000 --> 00:04:20,360 Speaker 1: to do something, and that didn't go anywhere. I think 73 00:04:20,480 --> 00:04:22,359 Speaker 1: she wants to be very careful here. I think she 74 00:04:22,440 --> 00:04:25,680 Speaker 1: and Adam Shift realized that, um, this can't be just 75 00:04:25,720 --> 00:04:27,839 Speaker 1: an open ended fishing trip. That will be a poor 76 00:04:27,960 --> 00:04:30,560 Speaker 1: use of time in the next six to nine months, 77 00:04:30,760 --> 00:04:33,159 Speaker 1: and then presidential election season is on next year. So 78 00:04:33,200 --> 00:04:37,080 Speaker 1: I think she wants to be strategic and bring roach 79 00:04:37,120 --> 00:04:40,400 Speaker 1: in will help with that effort. I think the question 80 00:04:40,520 --> 00:04:43,640 Speaker 1: is how much patient patients she and Schiff have. I 81 00:04:43,640 --> 00:04:46,920 Speaker 1: think they want to show some results during this calendar 82 00:04:47,000 --> 00:04:49,400 Speaker 1: year and not have something come out, you know, a 83 00:04:49,520 --> 00:04:54,200 Speaker 1: year from now. She was particularly criticized and picked on 84 00:04:54,320 --> 00:04:58,480 Speaker 1: by President Trump. Um. And so do you think that 85 00:04:58,560 --> 00:05:01,400 Speaker 1: partisanship will end to into this at some point? So 86 00:05:01,560 --> 00:05:06,240 Speaker 1: they say it won't. I think that's a balancing a 87 00:05:06,320 --> 00:05:09,080 Speaker 1: fine line and a balancing act for her because she 88 00:05:09,200 --> 00:05:11,160 Speaker 1: does not want it will not be in the interests 89 00:05:11,200 --> 00:05:13,719 Speaker 1: of the committee for her to appear to be partisan. 90 00:05:14,160 --> 00:05:17,159 Speaker 1: So um. And, like I say, I think so far 91 00:05:17,560 --> 00:05:20,120 Speaker 1: that's the you know, the the line she's taken. The 92 00:05:20,200 --> 00:05:23,680 Speaker 1: President has been very successful at baiting some of his 93 00:05:23,800 --> 00:05:27,440 Speaker 1: enemies into responses, bating some of his enemies into doing 94 00:05:27,480 --> 00:05:30,880 Speaker 1: things they wouldn't do, targeting people, and then provoking the 95 00:05:30,880 --> 00:05:34,160 Speaker 1: reaction that does not make them look better. And Congressman 96 00:05:34,200 --> 00:05:37,160 Speaker 1: Waters has so far stayed above the fray to her credit. 97 00:05:37,480 --> 00:05:40,839 Speaker 1: And Roach, how is he likely to handle this in 98 00:05:40,839 --> 00:05:45,120 Speaker 1: a nonpart bipartisan way, um, in a nonpartisan way? So um. 99 00:05:45,160 --> 00:05:48,320 Speaker 1: We had a good quote from a Republican named Gary 100 00:05:48,360 --> 00:05:51,440 Speaker 1: Brown who talked about Roach being very like nonpartisan. He 101 00:05:51,480 --> 00:05:54,720 Speaker 1: will go where the facts are and um, which is 102 00:05:54,800 --> 00:05:58,040 Speaker 1: the type of person. It basically adds to the credibility 103 00:05:58,120 --> 00:06:00,880 Speaker 1: of the investigation that they brought someone in who's well 104 00:06:00,880 --> 00:06:05,280 Speaker 1: known as a very thorough, fact based um investigator and 105 00:06:05,360 --> 00:06:08,960 Speaker 1: not someone who's there just to basically toss bombs, uh, 106 00:06:09,040 --> 00:06:11,520 Speaker 1: you know, into the news cycle every day. Now you 107 00:06:11,600 --> 00:06:13,599 Speaker 1: write that the committee is also looking for someone with 108 00:06:13,640 --> 00:06:19,680 Speaker 1: a background in investigative reporting, well that that brings up 109 00:06:19,680 --> 00:06:22,640 Speaker 1: a lot of ideas. It does, but I think you know, 110 00:06:23,240 --> 00:06:25,640 Speaker 1: the way this gets described to us, it doesn't necessarily 111 00:06:25,640 --> 00:06:27,919 Speaker 1: mean they're looking for an investigative reporter. I think, you know, 112 00:06:28,040 --> 00:06:30,120 Speaker 1: like any committee, they're going to be doing a report 113 00:06:30,320 --> 00:06:32,480 Speaker 1: that wants them help. What better way to look than 114 00:06:33,120 --> 00:06:36,559 Speaker 1: a young, aggressive reporter who can weave something together into 115 00:06:36,640 --> 00:06:39,599 Speaker 1: a bigger story whatever it is that they're going to write. 116 00:06:39,600 --> 00:06:42,679 Speaker 1: They wanted to be convincing and compelling and make people 117 00:06:42,680 --> 00:06:44,440 Speaker 1: read it, So I think I would look at it 118 00:06:44,480 --> 00:06:46,760 Speaker 1: that way, rather than an actual plan where they put 119 00:06:46,760 --> 00:06:49,920 Speaker 1: a help wanted sign out for an investigative reporter. They 120 00:06:49,960 --> 00:06:52,159 Speaker 1: just want someone who's good with words and can sort 121 00:06:52,160 --> 00:06:54,480 Speaker 1: of see the bigger picture to be able to describe 122 00:06:54,520 --> 00:06:56,080 Speaker 1: this in a good way. And maybe that person is 123 00:06:56,080 --> 00:06:58,680 Speaker 1: on staff already be great to have a report that 124 00:06:58,760 --> 00:07:01,560 Speaker 1: was written in that way. Right now, just tell us 125 00:07:01,560 --> 00:07:03,240 Speaker 1: a little bit Deutsche Bank. We have a been a 126 00:07:03,279 --> 00:07:07,640 Speaker 1: minute here. Deutsche Bank has been investigated and over and over. 127 00:07:07,680 --> 00:07:09,679 Speaker 1: It's hard to keep tracking them. Just tell us about 128 00:07:09,800 --> 00:07:13,440 Speaker 1: the biggest investigations in about a minute. Well, they've been investigated. 129 00:07:13,440 --> 00:07:17,280 Speaker 1: They have five counting five separate monitors for various issues. 130 00:07:17,480 --> 00:07:19,440 Speaker 1: But the most important thing I think we should keep 131 00:07:19,440 --> 00:07:23,080 Speaker 1: an eye on is an investigation into uh a scandal 132 00:07:23,160 --> 00:07:25,840 Speaker 1: known as the mirror trading scandal that took place in 133 00:07:25,920 --> 00:07:29,120 Speaker 1: Russia in Moscow in over a period of several years 134 00:07:29,160 --> 00:07:34,240 Speaker 1: around The bank allowed some very wealthy Russians to trade 135 00:07:35,040 --> 00:07:39,680 Speaker 1: basically approximately more than twelve billion dollars worth buying shares 136 00:07:39,800 --> 00:07:43,600 Speaker 1: in Moscow and then selling them simultaneously in London, irrespective 137 00:07:43,600 --> 00:07:45,480 Speaker 1: of whether or not their good investments, just to get 138 00:07:45,480 --> 00:07:48,520 Speaker 1: many out of the country. And the UK has settled 139 00:07:48,520 --> 00:07:50,720 Speaker 1: with the bank over this. The New York State Banking 140 00:07:50,720 --> 00:07:54,480 Speaker 1: Regulator has settled with Deutsche Bank, but not the Justice Department. 141 00:07:54,720 --> 00:07:56,960 Speaker 1: So it would be interesting to see what happens if 142 00:07:56,960 --> 00:07:59,400 Speaker 1: the DJ ever does lower the hammer on Deutsche Bank 143 00:07:59,440 --> 00:08:02,360 Speaker 1: for that fascinating article, and you know so much about 144 00:08:02,360 --> 00:08:08,600 Speaker 1: financial crime. Gregg Farrell, Bloomberg mus Legal reporter. Thanks for 145 00:08:08,640 --> 00:08:11,880 Speaker 1: listening to the Bloomberg Law Podcast. You can subscribe and 146 00:08:11,960 --> 00:08:15,200 Speaker 1: listen to the show on Apple Podcasts, SoundCloud, and on 147 00:08:15,280 --> 00:08:20,000 Speaker 1: bloomberg dot com slash podcast. I'm June Brosso. This is 148 00:08:20,040 --> 00:08:20,640 Speaker 1: Bloomberg