Financial Exposure

Carl Levin's Senate Investigations into
Finance and Tax Abuse

by Elise J. Bean

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Financial Exposure:

Carl Levin’s Senate Investigations into
Finance and Tax Abuse

Good government requires good oversight. Congressional oversight investigations are part of the checks and balances envisioned by the U.S. Constitution. Demand better oversight by Congress now.

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At a time when Congressional investigations have taken on added importance and urgency in American politics, this book offers readers a rare, insider’s portrait of the world of US Congressional oversight. It examines specific oversight investigations into multiple financial and offshore tax scandals over fifteen years, from 1999 to 2014, when Senator Levin served in a leadership role on the US Senate Permanent Subcommittee on Investigations (PSI), the Senate’s premier investigative body.

Despite mounting levels of partisanship, dysfunction, and cynicism swirling through Congress during those years, this book describes how Congressional oversight investigations can be a powerful tool for uncovering facts, building bipartisan consensus, and fostering change, offering detailed case histories as proof. Grounded in fact, and written as only an insider could tell it, this book will be of interest to financial and tax practitioners, policymakers, academics, students, and the general public.

“Government will never hold itself accountable. Congress today needs more people willing to do the hard work of investigations on behalf of the American people. Elise Bean and Carl Levin made a career out of investigating the big issues and working across the aisle while doing it. Her book is a welcome guide for those looking to strengthen Congress’s constitutional role of oversight.” – Former Senator Tom Coburn (R-OK)

"In our current moment, Congress often appears afraid or unwilling to use its oversight powers. It doesn’t have to be that way. Elise J. Bean’s timely and important book shows how Congress can hold powerful interests to account instead of being their handmaiden." -- Jesse Eisinger, Propublica reporter and author of The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives

“Elise's work on the Permanent Subcommittee on Investigations under Senator Carl Levin laid significant groundwork for journalists around the world who probe the many problems of shell companies and offshore tax havens. Without the clear insights and findings and the deeply-examined case studies in the many reports issued during Elise's time on the panel, I have no doubt that journalists would have had a harder time piercing the veil of wrongdoing by some of the world's most powerful individuals and companies.”
--Will Fitzgibbon, International Consortium of Investigative Journalists

This improbable tale defies conventional wisdom about Congress as a gridlocked, inept, and partisan black hole. It is a story about congressional oversight that bared complex truths, exposed wrongdoing, built bipartisan trust, and served as an instrument of positive change, despite widespread distemper in Washington.

The part I played was as a congressional investigator, a job that had never crossed my mind when thinking about a career. I lucked into the oversight world with no notion of the challenges and sheer hard work ahead of me. From the beginning, the job gripped me, stretched me, made me both more cynical and more idealistic. It led me to a deep commitment to Congress, as diabolically frustrating and disillusioning as that institution can be.

My journey began when I got hired by Senator Carl Levin from Michigan. I didn’t know it then, but he was the public servant everyone imagines when thinking of how Congress ought to work. He was tough and shrewd, with the integrity, talent, smarts, and stamina to take on any opponent. His signature image was of a disheveled, avuncular everyman, piercing blue eyes peering calmly over half-rim glasses perched on the end of his nose, refusing to avert his eyes from what he saw. His level gaze, Midwestern decency, and willingness to combat wrongdoing even in the face of long odds inspired the oversight adventures narrated here.

The Levin investigative crew was also right out of central casting – fearless, brilliant, and unrelenting. Folks dedicated to public service despite all the jokes about government and Congress, all the frustrations, all the low pay and disrespect. Colleagues willing to confront powerful interests backed by the biggest lobbyists, law firms, and public relations specialists in town, putting in endless hours to make up for our small numbers and limited resources. And, like many investigators, we relished the battle.

During my time there, I learned how to squeeze the facts out of opponents, overcome dirty tricks, feed the media, take the political heat, and make the case for change. In addition, because Senator Levin’s favorite investigative topic was financial chicanery, I learned more than I ever wanted to about corruption, offshore gimmicks, accounting skullduggery, commodities speculation, and derivatives double-dealing.

Our investigations ranged from company wrongdoing that produced billion-dollar losses, fueled crime, or cheated average families, to dishonest financial practices that led to widescale economic mayhem like the 2008 financial crisis. We followed the money, unraveled the facts, and disclosed troubling practices to policymakers and the public. And we did it while drinking Manhattans with our Republican colleagues.

The Levin team taught me how disclosing the facts – simply bearing witness to wrongdoing – can spark change, how conducting a good-faith investigation can turn a political competitor into an ally, and how congressional oversight can contribute to the common good. It was an education worth sharing.

--Elise J. Bean

In a free online presentation, author Elise Bean explains why Congressional oversight investigations are important, talks about the US Senate Permanent Subcommittee on Investigations (PSI), and describes three case studies, taken from the book, of bipartisan PSI investigations into credit cards, hidden offshore bank accounts, and multinational corporate tax dodging.

Using Congressional Investigations to Effect Change

Book Reviews

These excerpts come from articles or interviews that review Financial Exposure or examine issues related to Congressional investigations.

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“Bean manages to unwrap complex business schemes and identifies areas where reforms were required. These range from money laundering to tax dodges. The reader has a front-row seat to bipartisan congressional investigations, undertaken by a tough and shrewd senator from the Midwest who maintained a willingness to confront powerful interests and work across the aisle to accomplish legislative reform that truly worked.”

ROBERT J. KERWIN102 Massachusetts Law Review 1, 25 (December 2020)

Stephen_Platt_KYC360

“The interview with Elise has clearly elicited a very significant interest, because we have listeners registered for this live podcast from over 67 countries. ... The Permanent Subcommittee on Investigations really did strike terror into the hearts of corporate executives inside and outside of America, because of the depth and fearlessness of its analysis and the incisiveness of its questioning. ... In 2018, she authored a brilliant book titled Financial Exposure in which she documented Senator Levin's Senate investigations into finance and tax abuse. It really is a very good read indeed, and I highly recommend it to all anti-money laundering professionals.”

STEPHEN PLATTEpisode 16, AML Talk Show, KYC360 (1 hour)(Sept. 18, 2020)

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“ The first part of the interview describes the work of the PSI which was set up by Harry Truman and was the first to make #moneylaundering a crime. In the next part Elise and Matthew discuss some of the practical challenges to detect what is suspect money. The last part of the conversation focuses on the concrete steps against money laundering related to corruption.”

MATTHEW STEPHENSONKickback - The Global Anticorruption Podcast (43 minutes)(July 22, 2019)

bruce_zaragis

“ In an era where partisanship haunts U.S. politics, Ms. Bean emphasizes how the PSI showed that fact-based, bipartisan, in-depth oversight can occur. . . . A value of the book is how Ms. Bean provides an unvarnished inside view of the problems, politics, and accomplishments of the PSI during her tenure.”

BRUCE ZAGARIS35 International Law Enforcement Reporter 4, book review (April 5, 2019)

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“[W]hen congressional investigative powers are used correctly, proportionately and with due care for the considerations and concerns of both political parties, they have unearthed more secrets of the powerful and unscrupulous than almost anything else on earth. ... The book is well indexed, clearly written, and will be an extremely useful resource for future historians .... Careful investigation combined with publicly holding the powerful to account will be a crucial component of all future efforts to push back against the declension of democracies into oligarchies, and our legislatures into rubber stamps for the wealthy. Bean’s book is a primer for anyone keen to join that fight.”

OLIVER BULLOUGHAmerican Interest book review (March 14, 2019)

brookings

“ When Democrats take over the House of Representatives they will have to strike a balance between legislation and investigation. . . . And so it makes sense to have a look at Congress’s investigatory power and history. A good place to begin is with a new book by Elise J. Bean, Financial Exposure: Carl Levin’s Senate Investigations into Finance and Tax Abuse.”

ELAINE KAMARCKBrookings book review (January 2, 2019)

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“Financial Exposure: Carl Levin’s Senate Investigations into Finance and Tax Abuse provides a cogent, informative, and entertaining how-to for lawmakers and their aides. Entertaining? No, that’s not a typo in an article about legislators and financial corporations. Bean, who focuses primarily on the 15 years in which Levin held court in the storied subcommittee, has a knack for weaving together the esoteric details of international money flows with stories about private bankers on the lam, Caribbean bank presidents suffering from dengue fever, questionable relationships between regulators and financial institutions, and hundreds of millions of dollars in drug money finding its way into the world’s largest banks.”

KYC360Written book review (Dec. 10, 2018)

Webinar: Elise Bean-The Inside Track (1 hour) (Dec. 11, 2018)

ilyamarritz

“With Democrats in the House poised to investigate Trump administration financial dealings, Elise Bean . . . offers her insight from 30 years of Congressional oversight. . . . One of the things I really enjoyed about your book, Elise, is you really bring us into the nuts and bolts of being an investigator.”

ILYA MARRITZWNYC Brian Lehrer public radio show (29 minutes) (Nov. 15, 2018)

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“Congressional oversight extends not simply to the operations of the federal government, but deep into the private sector as well. Lawmakers have the authority to investigate nearly anything they want, as long as the inquest advances the 'legislative function.' Elise Bean makes that point in her outstanding new book on congressional oversight, Financial Exposure: Carl Levin’s Senate Investigations Into Finance and Tax Abuse. Hers is a happy story, or at least a hopeful one, and although it’s tempting to be cynical about Bean’s optimistic view of American government, that would be a big mistake.”

Joseph J. ThorndikeTax Notes book review (Oct. 29, 2018)

david_cay_johnston

“Anyone who cares about how Congress functions -- and how it could function -- will find in this book an easy primer well worth the price. It's the kind of book that should be read decades from now, too, as a guide to the congressional oversight we could have if we just demanded it.”

DAVID CAY JOHNSTONThe American Prospect book review (Fall 2018)

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“While Financial Exposure lays out an enraging landscape of financial misdeeds, Bean surrounds her narrative with profound optimism about the role that well-meaning civil servants can play in fostering good government. . . . Financial Exposure is an account of all the ways that the system is broken but also how it can be fixed.”

Peter Della-RoccaITEP Just Taxes blog (Oct. 10, 2018)

rick_messick

“Americans depressed by the rancorous polarization now gripping Congress will find her book a welcome reminder that Democrats and Republicans can work together to advance the public interest. Scandals involving money laundering by banks in other nations, most recently Denmark’s Danske Bank and Latvian bank ABLV, should prompt non-Americans to send their parliamentarians a copy of Ms. Bean’s book.”

RICK MESSICKGlobal Anticorruption blog (Oct. 10, 2018)

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“Elise Bean discusses her recent book, Financial Exposure: Carl Levin’s Senate Investigations Into Finance and Tax Abuse, sharing how Congressional oversight investigations can be a powerful tool for uncovering facts, building bipartisan consensus, and fostering change.”

Nathan KaczmarekFederalist Society's Article I Initiative podcast (47:32 minutes) (Oct. 2, 2018)

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“During the Levin years on the subcommittee, we’d exposed wrongdoing, took on powerful interests, and won important reforms. But I knew that few would believe that the Senate was capable of fact-based, bipartisan investigations, unless I captured that history before it blew away in the wind.”

CYNTHIA ROCKWELL (quoting Elise Bean)News@Wesleyan (Sept. 17, 2018)

Matt Taibbi

“There are more accurate chronicles of the crisis period, including the just-released Financial Exposure by Elise Bean of the Senate Permanent Subcommittee on Investigations, probably the most aggressive crew of financial detectives who sifted through the rubble over the past 10 years. Bean’s account of what went on at banks like Goldman, HSBC, UBS and Washington Mutual is terrifying to read even now.”

Matt TaibbiRolling Stone (Sept. 13, 2018)

John Byrne

“Financial Exposure will be a must-read for all of us that make financial crime prevention our career work.”

John Byrne and AMLRightSourceWritten book review (Sept. 12, 2018)

AML Conversations podcast: PSI and Financial Crime (1 hour) (Nov. 2, 2018)

Tucker Higgins

“While some members of Congress want a partisan food fight, many others want to solve problems and are willing to do the work needed to produce a bipartisan investigation," Bean said. By all appearances, the message has resonated.”

Tucker HigginsCNBC.com (Aug. 17, 2018)

Related Materials

These related materials, authored in whole or in part by Elise Bean or featuring her on a panel or podcast, examine a range of issues related to Congressional oversight investigations.

Defining Congressional Oversight and Measuring Its Effectiveness

by former Senator Carl Levin and Elise J. Bean

This article provides an overview of congressional oversight investigations. It outlines the legal basis for them, the types of inquiries, who conducts them, and how.

It also raises questions about how to measure the effectiveness of a congressional inquiry, suggesting four possible measures focusing on the quality of the investigation, its bipartisanship, its credibility, and its policy impact.

This paper is part of a larger effort by the Levin Center at Wayne Law to spark greater scholarly attention and research into oversight issues.

Investigating the
Financial Crisis

by Elise J. Bean

This article summarizes a two-year bipartisan investigation undertaken by Senator Carl Levin (D-MI) and Senator Tom Coburn (R-OK) into key causes of the 2008 financial crisis.

The investigation produced over 50 million pages of documents, 150 interviews, 4 hearings and a 750-page report. The final report provided the only U.S. bipartisan analysis of the financial crisis, complete with joint findings of fact and policy recommendations.

The article describes how the Levin-Coburn investigation was conducted and how the facts unfolded.


Congress Must Use Bipartisan Oversight as the Gold Standard

by Elise J. Bean

This op ed urges Democrats, if they take control of the House after the midterm elections, to reject partisanship and instead aim for the gold standard in oversight: fact-based, bipartisan, policy-oriented investigations.


Improving Bipartisanship in High-Profile Congressional Investigations

Panel sponsored by the Federalist Society's Article I Initiative

This 90-minute panel discussion examines oversight issues and the potential for bipartisan oversight investigations in the 116th Congress.

About the Author

Elise Bean became counsel to U.S. Senator Carl Levin (D-Mich.), on the U.S. Senate Homeland Security and Governmental Affairs Committee in 1985. She worked for him on three subcommittees, under the leadership of Linda Gustitus. In 2003, Senator Levin appointed Ms. Bean as his staff director and chief counsel on the committee's Permanent Subcommittee on Investigations (PSI), the Senate’s premier investigative body.

During her PSI tenure, Ms. Bean handled a variety of investigations, hearings and legislation, including matters involving offshore tax abuses, money laundering, foreign corruption, unfair credit card practices, health care fraud, abuses involving derivatives and structured finance, and shell companies with hidden owners. Investigations headed by her included inquiries into the 2008 financial crisis, HSBC money laundering problems, London whale trades at JPMorgan Chase, collapse of Enron, and offshore tax avoidance by Apple, Microsoft and Caterpillar.

In early 2015, Senator Levin retired from the U.S. Senate, and so did Ms. Bean. In his honor, Ms. Bean and Ms. Gustitus helped establish the Levin Center at Wayne State University Law School in his hometown of Detroit. The mission of the nonprofit Levin Center is to promote bipartisan, fact-based oversight by elected legislators, good governance, and civil discourse on current issues of public policy. Ms. Bean and Ms. Gustitus serve as co-directors of the Levin Center’s Washington office.

In 2010, Ms. Bean was selected by the National Law Journal as one of Washington's most influential women lawyers. In 2011 and 2013, the Washingtonian magazine named her one of Washington's 100 most powerful women. In 2015 and 2016, she was included in the Global Tax 50, a list compiled by International Tax Review of the year's top 50 individuals and organizations influencing tax policy and practice. In 2017, Global Witness recognized her as a leader in tax justice issues.

Ms. Bean graduated Phi Beta Kappa from Wesleyan University in 1978, and earned her law degree, cum laude, from the University of Michigan Law School in 1982. She served as a law clerk to the Chief Judge of the U.S. Claims Court and then worked for two years as a trial attorney with the U.S. Department of Justice Civil Frauds Section. Earlier in her career, she worked for U.S. Rep. John Joseph Moakley, D-Mass.

Her first book is Financial Exposure: Carl Levin’s Senate Investigations into Finance and Tax Abuse, which was published in August 2018.

Elise J. Bean

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Get In Touch

The need for fact-based, bipartisan congressional investigations is greater than ever. Feel free to get in touch with your reactions to the book, investigative tips, or new ideas.

  • Email elise.bean@wayne.edu
  • Phone (313) 577 2731
  • Address Levin Center at Wayne Law
    471 W. Palmer St.
    Detroit, MI 48202
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