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 is actually quite unlikely that there does not exist evicence of wrongdoing at many levels given the scale of HSBC's malfeascence (though I'll agree that it may not have reached their chief complience officer mainly because he/she is likely a careful and clued in person else they would not have gotten the job.)
It is also quite likely that the US DoJ does not have large piles of it, but that is probably mostly because they don't want it. An artifact of the lobbying money spent at various levels of our government.
The trouble with secret evidence and 'parallel construction' is that it makes decisions and actions of the authorities non-believable to the clued in segment of the public. When the likes of Shrem get busted and his counterparts at HSBC simply get an even bigger bonus at the end of the year, all of the otherwise valuable work in trying legitimately fight crime is severely depreciated.
The issue boils down to a few factors and 'transparancy' is one of the most important of these.
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.
Maybe, and maybe not. It could be that Bitcoin has actually been surprisingly unmolested so far in part because there are so many mice who seem to have almost a compulsion to stick their heads into the mousetrap. As they rapidly exit the ecosystem, that utility might vanish.