I'm sure HSBC spent a lot of time, money and effort to cover their ass, and Shrem will probably cooperate and facilitate a further investigation and get out with hefty fines
I don't think so.
It's easy to misunderstand what happened with HSBC.
The majority of what HSBC was accused of was about not doing enough to detect and block Mexican drug cartels laundering money. Note "not doing enough".
Shrem is accused of something entirely different - not just doing an insufficient amount of work, but knowingly co-operating with someone he knew was a Silk Road dealer explicitly to help him launder money. It's the "knowingly" part that makes the huge difference.
The US DoJ did not seem to have large piles of emails from the head of compliance at HSBC showing him buying drugs and helping known dealers to evade his own controls. With BitInstant they do.
It's really no wonder Bitcoin businesses can't get bank accounts, when guys like Shrem were putting on a respectable face and doing that kind of thing behind the scenes. Silk Road and those involved with it are by far the most damaging thing that could ever have happened to Bitcoin, especially so early on.
Mike. I think you make some good points and you are correct in saying the the "majority" of what HSBC did was not doing enough. I agree that what Shrem appears to have done is terrible and one could argue that he should be prosecuted. However I dont think its fair to say what he did is worse than HSBC. There were other examples of inappropriate conduct in the Mexican Drug Cartel case and the Iranian Transactions case, whcih go beyond not doing enough to detect money laundering. For example in the opening statement of the Senate investigation hearing into the issue, the Chairman of the Committee, Carl Levin said:
"HSBC’s Chief Compliance Officer and other senior executives in London knew what was going on, but allowed the deceptive conduct to continue."
See Page 4 of the following document -
http://www.hsgac.senate.gov/download/?id=8b67b18b-c21d-453a-9ccc-56206a70c908I think what really frustrates some people at the whole affair is that the Assistant Attorney General basically said that HSBC were not prosecuted because otherwise "the entire banking system would have been destabilized".
"Had the U.S. authorities decided to press criminal charges," said Assistant Attorney General Lanny Breuer at a press conference to announce the settlement, "HSBC would almost certainly have lost its banking license in the U.S., the future of the institution would have been under threat and the entire banking system would have been destabilized."
http://www.rollingstone.com/politics/news/gangster-bankers-too-big-to-jail-20130214For further details on the matter, please read the Senate's 339 page report.
http://www.hsgac.senate.gov/download/?id=2a76c00f-7c3a-44c8-902e-3d9b5dbd0083