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Paul Merrell

Obama concedes NSA bulk collection of phone data may be unnecessary | World news | theg... - 0 views

  • President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”
  • Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”
  • The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 
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  • The president also went further than his review panel in suggesting the US needed to rein in its overseas surveillance activities. “We have got to provide more confidence to the international community. In a virtual world, some of these boundaries don’t matter any more,” he said. “The values that we have got as Americans are ones that we have to be willing to apply beyond our borders, perhaps more systematically than we have done in the past.”
  • Conspicuously, Obama declined to rebut one assessment from his surveillance review group – that the bulk collection of US call data was not essential to stopping a terrorist attack. Instead, he contended that there had been “no abuse” of the bulk phone data collection. But in 2009, a judge on the secret surveillance court prevented the NSA from searching through its databases of US phone information after discovering “daily violations” resulting from NSA searches of Americans’ phone records without reasonable suspicion of connections to terrorism. That data was inaccessible to the NSA for almost all of 2009, before the Fisa court was convinced the NSA had sufficient safeguards in place for preventing similar violations
  • In another indication of the shifting landscape on surveillance, the telecoms giant AT&T announced on Friday that it will begin publishing a semi-annual report about its complicity with government surveillance requests. AT&T followed its competitor Verizon, which announced a similar move on Thursday.
  • The first such report is expected for early 2014, Watts said. While technology firms like Yahoo and Google have pushed for greater transparency about providing their customer data to the government, the telecommunications firms – which have cooperated with the NSA since the agency’s 1952 inception – did not join them before the events of the past week.
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    Movement on the NSA. Obama hints that the NSA's section 215 metadata collection will end, fesses up that Snowden has been criminally indicted, but declines to discuss whether Snowden might be pardoned in exchange for turning over his NSA document collection, notably not ruling it out. And finally, two of the giant telcos, AT&T and Verizon, have announced intent to do semi-annual public reports on their collaboration with government spy agencies. Amazing what a federal court decision can do, particularly when immediately followed by the president's own blue-ribbon panel report, both holding that the section 215 program has resulted in no terrorist attacks being prevented and that the program in unconstitutional. Obama finally reaches his tipping point. A good week for civil libertarians.   
Paul Merrell

U.S. accuses China of cyber spying on American companies | Reuters - 0 views

  • The United States on Monday charged five Chinese military officers and accused them of hacking into American nuclear, metal and solar companies to steal trade secrets, ratcheting up tensions between the two world powers over cyber espionage. China immediately denied the charges, saying in a strongly worded Foreign Ministry statement the U.S. grand jury indictment was "made up" and would damage trust between the two nations.Officials in Washington have argued for years that cyber espionage is a top national security concern. The indictment was the first criminal hacking charge that the United States has filed against specific foreign officials, and follows a steady increase in public criticism and private confrontation, including at a summit last year between U.S. President Barack Obama and Chinese President Xi Jinping.
  • Federal prosecutors said the suspects targeted companies including Alcoa Inc, Allegheny Technologies Inc, United States Steel Corp, Toshiba Corp unit Westinghouse Electric Co, the U.S. subsidiaries of SolarWorld AG, and a steel workers' union.
  • According to the indictment, Chinese state-owned companies "hired" Unit 61398 of the People's Liberation Army "to provide information technology services" including assembling a database of corporate intelligence. The Chinese companies were not named.The Shanghai-based Unit 61398 was identified last year by cybersecurity firm Mandiant as the source of a large number of espionage operations. All five defendants worked with 61398, according to the indictment.
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  • U.S. officials have maintained that they do not steal secrets to give an advantage to U.S. companies, but in China, Lewis said, the line between military and business prowess is unclear.Unit 61398 has hundreds of active spies and is just one of dozens of such bodies in China, said Jen Weedon, an analyst at Mandiant, now owned by global network security company FireEye Inc. She said the group is not among the most sophisticated.
  • Washington announced the charges as new claims emerged last week about the scope of overseas spying by the United States. Documents leaked by Snowden showed the agency intercepted and modified equipment made by Cisco Systems Inc that was headed overseas.Cisco responded by asking Obama to curtail U.S. surveillance programs, underscoring the vulnerability of multinationals to a whipsaw of competing government interests.
  • Skeptics said U.S. authorities would not be able to arrest those indicted because Beijing would not hand them over. Still, the move would prevent the individuals from traveling to the United States or other countries that have an extradition agreement with the United States.
  • In an indictment filed in the Western District of Pennsylvania, prosecutors said the officers hacked into computers starting in 2006, often by infecting machines with tainted "spear phishing" emails to employees that purport to be from colleagues.Prosecutors alleged that one hacker, for example, stole cost and pricing information in 2012 from an Oregon-based solar panel production unit of SolarWorld. The company was losing market share at the time to Chinese competitors who were systematically pricing exports below production costs, according to the indictment.Another officer is accused of stealing technical and design specifications about pipes for nuclear plants from Westinghouse Electric as the company was negotiating with a Chinese company to build four power plants in China, prosecutors said.
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    Yesterday I watched the DoJ press conference announcing charges. This article does not capture its spirit. AG Ben Holder faced stiff questions directed by attending reporters. One of the first questions went something like this: "Is it true that the U.S. has extradition treaty with China and these defendants will never be actually prosecuted, and if so, what's the real reason for the charges?" Others raised the hypocrisy of the U.S. move in light of what the NSA has been doing. Holder ducked the tough questions  The press conference was a farce and too many of the reporters realized it. Recall that Obama was days away from traveling to China with the announced purpose of chastising its leader for waging cyberesionage against the U.S. when the first Edward Snowden pulled the moral high ground from beneath Obama's feet. This stunt looks more like it was designed to lesson the government pain by promoting Obama's "everyone does it" meme.   Also not mentioned in this article, at the press confernence the five defendants were identified as generals in the Chinese Army. Might we see China respond by charging a few former and present NSA generals with cyber-espionage? Fun and games on the Beltway. 
Paul Merrell

Criminal action is expected for JPMorgan in Madoff case - 0 views

  • JPMorgan Chase and federal authorities are nearing settlements over the bank's ties to Bernard L. Madoff, striking tentative deals that would involve roughly $2 billion in penalties and a rare criminal action. The government will use a sizable portion of the money to compensate Mr. Madoff's victims. The settlements, which are coming together on the anniversary of Mr. Madoff's arrest at his Manhattan penthouse five years ago on Wednesday, would fault the bank for turning a blind eye to his huge Ponzi scheme, according to people briefed on the case who were not authorized to speak publicly.
  • A settlement with federal prosecutors in Manhattan, the people said, would include a so-called deferred-prosecution agreement and more than $1 billion in penalties to resolve the criminal case. The rest of the fines would be imposed by Washington regulators investigating broader gaps in the bank's money-laundering safeguards. The agreement to deferred prosecution would also list the bank's criminal violations in a court filing but stop short of an indictment as long as JPMorgan pays the penalties and acknowledges the facts of the government's case. In the negotiations, the prosecutors discussed the idea of extracting a guilty plea from JPMorgan, the people said, but ultimately chose the steep fine and deferred-prosecution agreement, which could come by the end of the year.
  • The government has been reluctant to bring criminal charges against large corporations, fearing that such an action could imperil a company and throw innocent employees out of work. Those fears trace to the indictment of Enron's accounting firm, Arthur Andersen, which went out of businesses after its 2002 conviction, taking 28,000 jobs with it. Ever since, prosecutors have increasingly relied on deferred-prosecution agreements, which rebuke companies without threatening their health. Although a Wall Street bank has never faced a deferred-prosecution agreement, according to a University of Virginia Law School database, Wachovia and the banking arm of American Express have entered into such deals. The agreements, however, have fueled concern that some banks, having grown so large and interconnected, are too big to indict.
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    I'll say it again: there will no deterrence against future financial crimes by the megabanksters until some of them are sentenced to prison time. A criminal prosecution of a corporation is criminal prosecution of an imaginary being. One must prosecute human beings to actually deter misconduct. 
Paul Merrell

Obama, Biden are war criminals under UN Charter: Analyst - 0 views

  • Most Americans, their minds focused at the moment on the tragic slaughter of 20 young children aged 5 and 6, along with five teachers and a school principal in Connecticut by a heavily-armed psychotic 21-year-old, are blissfully unaware that their previous president, George W. Bush, along with five key members of his administration, were recently convicted in absentia of war crimes at a tribunal in Kuala Lumpur, Malaysia. They are unaware because the US corporate media have ignored the story, just as that same corporate media have failed to note that the crimes of which Bush, Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld and five White House lawyers, were convicted all could apply equally well to current President Barack Obama and his administration. Bush, Cheney, White House counsel (and later Attorney General) Alberto Gonzalez and others were found guilty earlier this month of war crimes and crimes against humanity relating to the executive orders that launched the wars against Iraq and Afghanistan, as well as of authorizing and failing to punish torture and other war crimes by US forces, including the military and the CIA.
  • But as international law expert Francis Boyle, a professor of law at the University of Illinois, notes, under the Geneva Convention, failing to take action to prosecute those guilty of war crimes such as the “Crime against Peace” (invading a country that does not pose an imminent threat to the attacker), and torture, are war crimes in and of themselves. Speaking last week at a Summit Conference on Human Rights held at the University of the Sacred Heart in the US island colony of Puerto Rico, Boyle said US authorities, including President Obama, are engaged in an “ongoing criminal conspiracy under international law” both to cover up and protect criminals like Bush, Cheney and Rumsfeld, and to continue the commission of war crimes by the US government.
  • Obama, when initially campaigning in 2008 for the presidency, vowed that he wanted to restore the respect for the law and the Constitution, once elected President, he and his attorney general Eric Holder quickly made it clear that they were “looking forward, not backward,” and that there would be no prosecutions or indictments for war crimes of any Bush administration people.   The thing is, at that moment, both President Obama and AG Holder became war criminals themselves under the UN Charter and the Nuremberg Principles, which declare that covering up war crimes by prior government and military leaders, and failure to prosecute such war crimes, are in themselves war crimes.
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  • But as Boyle noted in his address in San Juan, P.R., Obama, Vice President Joseph Biden, and the various secretaries of defense and state, the head of the CIA and the Pentagon Chiefs of Staff, as well as other Obama administration personnel, are also guilty of perpetrating ongoing war crimes themselves. Boyle accuses the Obama administration of continuing to conduct a “bogus” war on “international terrorism” including the ever escalating campaign of drone strikes in Pakistan, Afghanistan, Somalia, Yemen and other jurisdictions. He termed the president’s program of “targeted killings,” in which President Obama himself draws up the “kill list,” to be simply a case of “pure murder” under both traditional British common law and international law, and says these attacks constitute a “Crime against Humanity under Article 7(1)(a) of the Rome Statute for the International Criminal Court.”
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    While the charge that Obama and other administration officials committed crimes under the Rome Statute for the International Criminal Court might seem odd because the U.S. never acceded to that treaty or to the jurisdiction of the ICC, the statute applies to those who commit war crimes within the jurisdictions of nations that have acceded to the treaty and to their superiors who either knew of should have known that such crimes would be committed and did not act to prevent them.  Pakistan  and Yemen have acceded to the treaty. The Rome treaty requires the arrest of those classified as war criminals under that treaty if they set foot in any nation that has acceded to the treaty. So just as Bush administration figures have done, Obama and crew will need to restrict where they travel after he leaves office.
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    The linked article should have mentioned that it was a mock tribunal, without legal authority or powers.
Paul Merrell

Netanyahu scandals reflect corruption at the heart of Israeli society - Mondoweiss - 0 views

  •       Israeli prime minister Benjamin Netanyahu is in danger of being brought down, possibly soon, over what initially appears to be little more than an imprudent taste for Cuban cigars and pink champagne. In truth, however, the allegations ensnaring Netanyahu reveal far more than his personal flaws or an infatuation with the high life. They shine a rare light on the corrupt nexus between Israel’s business, political and media worlds, compounded by the perverse influence of overseas Jewish money. Of the two police investigations Netanyahu faces (there are more in the wings), the one known as Case 1000, concerning gifts from businessmen worth hundreds of thousands of dollars, is most likely to lead to his downfall. But it is the second investigation, Case 2000, and the still-murky relationship between the two cases, that more fully exposes the rot at the heart of Israel’s political system. This latter case hinges on a tape recording in which Netanyahu plots with an Israeli newspaper tycoon to rig media coverage in his favor. Leads from both cases suggest that Netanyahu may have been further meddling, together with his billionaire friends, in the shadowy world of international espionage.
  • Netanyahu’s appetite for a free lunch has been common knowledge in Israel since his first term as prime minister in the late 1990s. Then, he was twice investigated for fraud, though controversially charges were not brought in either case. Police discovered along the way that he and his wife, Sara, had horded many of the gifts he received during state visits. More than 100 were never recovered. The clarifications that were issued more than 15 years ago, as a result of those investigations, make it hard for Netanyahu to claim now that he did not understand the rules. According to justice ministry advice in 2001, government and state officials cannot keep gifts worth more than $100 without risking violating Israeli law. The gifts Netanyahu received from one of the Israeli businessmen involved in Case 1000, Hollywood film producer Arnon Milchan, amounted to as much as $180,000. Netanyahu has argued that these presents, ranging from cigars to jewelry, were expressions of a close friendship rather than bribes to him in his capacity as prime minister. The problem, however, is that Netanyahu appears to have reciprocated by using his position as head of the Israeli government to lobby John Kerry, the then U.S. secretary of state, to gain Milchan a 10-year U.S. residency visa. He may have done more.
  • Also being investigated are his family’s ties to a friend of Milchan’s, Australian billionaire James Packer, who made his fortune in the media and gambling industries. Packer has similarly lavished gifts on the Netanyahu family, especially Yair, Netanyahu’s eldest son. At the same time, Packer, now a neighbor of the Netanyahus in the coastal town of Caesarea, has been seeking permanent residency and the enormous benefits that would accrue with tax status in Israel. As a non-Jew, Packer should have no hope of being awarded residency. There are suspicions that Netanyahu may have been trying to pull strings on the Australian’s behalf. Many of these gifts were apparently not given freely. The Netanyahus asked for them. Indicating that Netanyahu knew there might be legal concerns, he used code words – “leaves” for cigars and “pinks” for champagne – to disguise his orders to Milchan. Police are reported to be confident, after questioning Netanyahu three times, that they have enough evidence to indict him. If they do, Netanyahu will be under heavy pressure to resign.
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  • Yossi Cohen was appointed head of the Mossad a year ago, after a government vetting committee accepted that he had no personal ties to Netanyahu. But Cohen forgot to mention that he is extremely close to Netanyahu’s high-flying friends – connections that are now under investigation. Milchan set up a global security firm in 2008 called Blue Sky International, stuffed with Israeli security veterans. Packer soon became a partner. They developed close ties to Cohen, first while he was a senior official at the Mossad and later when he headed Israel’s national security council. Before Cohen was appointed head of Mossad in December 2015, the pair had hoped to recruit him to their cyber-security operations. Cohen received several gifts from Packer, in violation of Israeli government rules, including a stay at one of his luxury hotels. A source speaking to Haaretz said Blue Sky had “more than [a] direct line” to Netanyahu. They “would pull him out from anywhere, at any time, on any occasion.” According to Haaretz’s military analyst, Amir Oren, the new disclosures raise serious questions about whether Milchan and Packer twisted Netanyahu’s arm to parachute Cohen into the post over the favored candidate. In return, Packer may have been hoping that Cohen would authorise exceptional Israeli residency for him, classifying him as a security asset.
  • From Hollywood to Mossad Cases 1000 and 2000 share at least one figure in common. Milchan gave Netanyahu extravagant gifts over many years, but he is also reported to have acted as go-between, bringing arch-enemies Netanyahu and Mozes together. Milchan has his own financial stake in the media, in his case a holding in the Channel 10 TV station. In addition, Milchan introduced Netanyahu to sympathetic businessmen, including his friend Packer, to discuss taking the ailing Yedioth media group off Mozes’ hands. Only last October he arranged for media mogul Rupert Murdoch’s son, Lachlan, to fly to Israel for one night for a secret meeting with Netanyahu. Milchan is undoubtedly at the centre of the shadowy world of power and finance that corrupts public life in Israel. Not only is Milchan a highly influential Hollywood figure, having produced more than 100 films, but he has admitted that he is a former Mossad agent. He used his Hollywood connections to help make arms deals and secure parts for Israel’s nuclear weapons program. One can only wonder whether Milchan was not effectively set up in his Hollywood career as a cover for his Mossad activities. But Milchan, it seems, is still wielding influence in Israel’s twilight world of security.
  • eyond this, one one can only speculate about how Cohen’s indebtedness to Milchan, Packer and Netanyahu might have influenced his decisions as head of the Mossad. It was only a few years ago that the former Mossad chief, Meir Dagan, was reported to have wrestled furiously with Netanyahu to stop him launching a military strike on Iran. Prosecution drags feet It is unclear for the time being whether the revelations are drawing to a close or will lead deeper into Israel’s twin netherworlds of financial corruption and security. But what has emerged so far should be enough to finish off Netanyahu as prime minister. Whether it does so may depend on the extent of Israel’s compromised legal system. Attorney general Avichai Mendelblit was appointed by Netanyahu and is a political ally. He appears to have been dragging his feet as much as possible to slow down the police investigation, if not sabotage it. But the weight of evidence is looking like it may prove too overwhelming. As political analyst Yossi Verter observed: “There’s no way that a police commissioner … appointed [by Netanyahu] and a cautious attorney general, who in the past was part of his close circle and one of his loyalists, would be putting him through the seven circles of hell if they weren’t convinced that there’s a solid basis for indictment and conviction.” The next question for Netanyahu is whether he will step down if indicted. He should, if Olmert’s example is followed. But his officials are citing a 1993 high court ruling that allows a cabinet minister under indictment to remain in office. Certainly if Netanyahu chooses to stay on, his decision would be appealed to the court again. However, the judges may be reluctant to oust a sitting prime minister. The court of public opinion is likely to be decisive in that regard. A recent poll shows few Israelis believe Netanyahu is innocent of the allegations. Some 54 per cent think he broke the law, while only 28 believe him. Opinion, however, is split evenly on whether he should resign.
  • If past experience is any measure, Netanyahu will try to turn public opinion his way by increasing friction with the Palestinians and exploiting the international arena, especially his relations with the Trump administration. He may be expected to encourage Trump at the very least to posture more stridently against Iran. Nonetheless, most observers assume Netanyahu is doomed – it is simply a matter of when. The odds are on an indictment in late spring, followed by elections in the fall, say Israeli analysts. At this stage, none of his political rivals wants to be seen stabbing Netanyahu in the back. Most are keeping quiet. But behind the scenes, political leaders are hurrying to forge new alliances and extract political concessions while Netanyahu is wounded.
  • Who might succeed Netanyahu? Yair Lapid, of the centre-right Yesh Atid, is heading the polls, but that may in part reflect the disarray in Netanyahu’s Likud party. In a sign of where the deeper currents in Israeli society are leading, a Maariv poll last week showed that settler leader Naftali Bennett would win an election if he were to head the Likud. Netanyahu now needs the help of all the powerful friends he can muster. His biggest ally, U.S. casino magnate Sheldon Adelson, may not be among them. After the revelations that Netanyahu was conspiring against him with Mozes, Adelson has cut back on Israel Hayom’s circulation and is reported to be offering less favorable coverage of the Netanyahus. That could prove the final straw, sealing Netanyahu’s fate.
Paul Merrell

Has the NSA Wiretapping Violated Attorney-Client Privilege? | The Nation - 0 views

  • The first time Adis Medunjanin tried to call Robert C. Gottlieb in mid-2009, Gottlieb was out of the office. Medunjanin was agitated. He had to speak to an attorney. Gottlieb’s assistant told him Gottlieb would be back soon. When Medunjanin spoke to the lawyer a little later, he was told he might need legal representation. He thought he might be under investigation. Over the next six months and in forty-two phone calls, Medunjanin sought legal advice from Gottlieb. When he was arrested in January 2010 on charges that he tried to bomb the New York subway, it was Gottlieb who defended him, receiving security clearance to review government documents pertinent to the case in the process. Gottlieb was preparing Medunjanin’s defense when a federal officer in charge of information distribution e-mailed him that there was new classified information he needed to review at the US Eastern District Court in Brooklyn. “I went over to the Brooklyn Federal courthouse, went up to the secured room, gained entry with the secret security codes, opened the file cabinet that is also secure and in the second drawer was a CD,” Gottlieb told me. On that CD were recordings of every single one of his forty-two phone calls with Medunjanin before he was taken into custody and indicted on January 7, 2010.
  • Such calls are normally sacrosanct under the principle of attorney-client privilege, the ability to speak confidentially with your lawyer. But a leak to The Guardian last summer of National Security Agency (NSA) procedures that are supposed to protect privileged calls showed that some attorney-client privileged calls are not subject to internal rules that detail the instances when a wiretap should be turned off. A later version of the procedures declassified by the NSA last August contains the same language. These “minimization” procedures, as they are known, are the rules and regulations for wiretaps under the Foreign Intelligence Surveillance Act (FISA). They tell NSA agents when they can listen, and when they have to turn the tap off, when they can record and when they should not be recording. There are rules for which kinds of communications can be monitored—for example, domestic communications are off limits, although communications from agents of foreign powers and suspected terrorists don’t count as domestic—and there is a section that provides for the protection of attorney-client calls.
  • Section four of the declassified 2011 guidelines is the part of that document that governs wiretapping attorney-client calls. At first glance, it seems quite clear: when the agent realizes that he or she is monitoring an attorney-client communication, “monitoring of that communication will cease and the communication will be identified as an attorney-client communication in a log maintained for that purpose.” But given a second reading, section four doesn’t apply to all attorney-client calls. It provides only for the minimization (and protection) of the calls of “a person who is known to be under criminal indictment in the United States”—someone who has already been charged under US law. This is because indicted persons have a Sixth Amendment right to counsel. People who aren’t indicted don’t have this right, and so their calls are not minimized. When I asked an NSA press officer, Vanee’ M. Vines, how attorney-client privilege was protected, she referred me to the Department of Justice. I left several messages, but the DOJ never contacted me back.
Paul Merrell

Martin Shkreli Arrested on Securities Fraud Charges - 0 views

  • Martin Shkreli, a boastful pharmaceutical executive who came under withering criticism for price gouging vital drugs, denied securities fraud charges on Thursday following an early morning arrest, and was freed on a $5 million bond. While the 32-year-old has earned a rare level of infamy for his brazenness in business and his personal life, what he was charged with had nothing to do with skyrocketing drug prices. He is accused of repeatedly losing money for investors and lying to them about it, illegally taking assets from one of his companies to pay off debtors in another. “Shkreli essentially ran his company like a Ponzi scheme where he used each subsequent company to pay off defrauded investors from the prior company,” Brooklyn U.S. Attorney Robert Capers said at a press conference.
  • Evan Greebel, a New York lawyer, who is alleged in the federal indictment to have helped Shkreli in his schemes, was also arrested and charged. Like Shkreli, he pleaded not guilty, and he was freed on a $1 million bond. Both men and their lawyers declined to comment after their court appearance.
  • Read the full text of the indictment here In the federal indictment and a complaint by the Securities and Exchange Commission, authorities say Shkreli began losing money and lying to investors from the time he began managing money. In his mid-20s, he got nine investors to place $3 million with him and at one point he had only $331. Securities fraud is hardly unheard of on Wall Streeet and the amounts involved here are nowhere near on the scale of Bernie Madoff. But Shkreli’s case has drawn such attention because of his defiant price-gouging and his own up-by-the-bootstraps history. The son of immigrants from Albania and Croatia who did janitorial work and raised him and his brothers in working-class Brooklyn, Shkreli seemed at first to embody the American dream and then to mock it. After dropping out of an elite Manhattan high school, he worked as an intern for Jim Cramer’s hedge fund as a 17-year-old and quickly impressed with his ability to call stocks. He created hedge funds, taught himself biology and, after earning a BA at Baruch College in New York City, began hedge funds investing in biotech.
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  • He became famous within a certain world but entered public consciousness after he raised the price more than 55-fold for Daraprim in September from $13.50 per pill to $750. It is the preferred treatment for a parasitic condition known as toxoplasmosis, which can be deadly for unborn babies and patients with compromised immune systems including those with HIV or cancer. His company, Turing Pharmaceuticals AG, bought the drug, moved it to a closed distribution system and instantly drove the price into the stratosphere. He drew shocked rebukes from Congress, doctors and presidential candidates, and brought public attention to the rising prices of older drugs. Donald Trump called Shkreli a “spoiled brat,” and the BBC dubbed him the “most hated man in America.” Bernie Sanders, the Democratic presidential candidate, rejected a $2,700 campaign donation from him, directing it to an HIV clinic. A spokesman said the campaign would not keep money “from this poster boy for drug company greed.” All the criticism seemed at first to have some impact and Shkreli said he would lower the price. Then he reneged. When Hillary Clinton tried one more time last month to get him to cut the cost, he dismissed her with the tweet “lol.” At a Forbes summit in New York this month, wearing a hooded sweatshirt, he said if he could have done it over, “I probably would have raised the price higher,” adding, “My investors expect me to maximize profits.”
  • Shkreli did further damage to his public image with other acts and boasts. He spent millions on the only copy of a Wu-Tang Clan album that music fans are desperate to hear and then told Bloomberg Businessweek that he had no immediate plans to listen to it. He takes often to Twitter and message boards, bragging about his business strategies, musical tastes and politics; he live-streams from his office for long stretches. The SEC complaint and federal indictment lay out a series of schemes and cover-ups carried out by Shkreli. Capers said authorities began investigating him as early as 2014.
  • Barely 23, he was managing hedge fund Elea Capital in New York and lost it all in 2007. Around then, a trade with Lehman Brothers ended with a $2.3 million judgment against him, prosecutors said. In 2010, he lost his clients’ $3 million investment in his new fund, MSMB Capital. In 2011, he bet that shares of Orexigen Therapeutics Inc. would fall and wound up owing $7 million to his broker, Merrill Lynch, authorities said. He couldn’t pay, and he, an unnamed accomplice and MSMB Capital eventually extinguished the debt with a $1.35 million settlement, they said. Part of that money came from his next firm, authorities said. After the collapse of MSMB Capital, Shkreli launched MSMB Healthcare with about $5 million from 13 investors. He paid himself “far in excess” of the agreed-upon 1 percent management fee and 20 percent profit incentive, according to the SEC.
  • Shkreli then used cash from MSMB Healthcare to invest in Retrophin, the pharmaceutical company he founded in 2011, even though it “had no products or assets,” prosecutors said. Later, he used the assets of Retrophin to repay angry investors in his hedge funds, prosecutors said. Shkreli is confident that he will be cleared of the charges, according to a statement on his behalf. Shkreli is particularly disappointed that his litigation with Retrophin has become a government enforcement matter, according to the statement. He also denied the charges regarding the MSMB entities, which he said involve complex accounting matters that prosecutors and the SEC fail to understand, according to the statement. “It is no coincidence that these charges, the result of investigations which have been languishing for considerable time, have been filed at the same time of Shkreli’s high-profile, controversial and yet unrelated activities,” according to the statement. “The government suggested that Mr. Shkreli was involved in a Ponzi scheme. Ponzi victims do not make money, yet Mr. Shkreli’s investors enjoyed strong results.”
  • As Shkreli’s losses mounted, so did his lies. He fabricated portfolio statements and, with his lawyer’s help, deceived the SEC and outside accountants. He backdated records, manufactured a phony loan agreement between Retrophin and a hedge fund, and created sham consulting agreements with Retrophin as a way to route the company’s cash to his earlier investors. Greebel, the arrested lawyer, made sure Retrophin’s outside accountants were unaware of Shkreli’s financial maneuvers and helped him concoct the consulting agreements used to repay the hedge fund investors, the U.S. said. The cases mirror a lawsuit brought by Retrophin. Shkreli blithely dismissed his old company’s claims, saying, “The $65 million Retrophin wants from me would not dent me. I feel great. I’m licking my chops over the suits I’m going to file against them.” Earlier, he had denied wrongdoing in a post on InvestorsHub after Retrophin disclosed it had received a subpoena from federal prosecutors and the preliminary findings from its own investigation of Shkreli. He called the company’s allegations “completely false, untrue at best and defamatory at worst.”
  • “Every transaction I’ve ever made at Retrophin was done with outside counsel’s blessing,” he said on the investment blog in February, without identifying the lawyers. When Shkreli was working for Cramer’s firm, he was still a teenager. After recommending successful trades, Shkreli eventually set up his own hedge fund, quickly developing a reputation for trashing biotechnology stocks in online chatrooms and shorting them, to enormous profit. Widely admired for his intellect and sharp eye, he set up Retrophin to develop drugs and acquire older pharmaceuticals that could be sold for higher profits. Turing, which is less than a year old and has raised $90 million in financing, has followed a similar strategy with the purchase of drugs, including Daraprim. Shkreli recently bought a majority stake in KaloBios Pharmaceuticals Inc. after Turing received a warning from the New York attorney general that the distribution network for Daraprim may violate antitrust laws. State officials made their concerns known to Turing and Shkreli in an Oct. 12 letter obtained by Bloomberg.
  • KaloBios recently acquired the license for benznidazole, a standard treatment for Chagas, a deadly parasitic infection most common in South and Central America. The firm announced plans to increase the cost from a couple hundred dollars for two months to a pricing structure like that for hepatitis-C drugs, which can run to nearly $100,000 for 12 weeks.
  • With the federal charges and regulatory actions, Shkreli could be banned from running a public company, which could put the future of KaloBios into question. Trading in KaloBios shares was halted after the stock fell 53 percent. It’s less clear what the impact could be on Turing, which is closely held.
  • Federal authorities will have to ask a judge to impose an asset freeze if they want to guarantee Shkreli doesn’t dispose of ill-gotten gains. The charges suggest that a small group of health-care firms—ones that acquire the rights to drugs and significantly increase their prices—is drawing the scrutiny of regulators and prosecutors, with a possible chilling effect on aggressive drug-pricing strategies. Legislators are already paying attention. A hearing of the Senate Special Committee on Aging on Dec. 9 scrutinized such tactics. Before Shkreli started Turing, Retrophin raised the price of Thiola, used to treat a rare condition causing debilitating recurrences of kidney stones, from $1.50 a pill to $30. “Some of these companies seem to act more like hedge funds than traditional pharmaceutical companies,” said Senator Susan Collins, a Maine Republican who ran the recent hearing. George Scangos, CEO of biotechnology giant Biogen Inc., went further, saying in an interview, “Turing is to a research-based company like a loan shark is to a legitimate bank.”
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    Couldn't happen to a nicer guy.
Paul Merrell

Attorney general announces Sara Netanyahu will be indicted for fraud - Israel News - Ha... - 0 views

  • Attorney General Avichai Mendelblit said Friday the prime minister’s wife Sara Netanyahu will be indicted for fraud and breach of trust for excessive spending on catering at the prime minister’s residence while falsely claiming the house did not employ a cook. The indictment for spending 359,000 shekels ($102,000) of state funds on the catering is subject to a hearing, whose date has not yet been announced.
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    Prosecutors are closing in on the Netanyahus. Still to come, several more serious charges against the Prime Minister himself. Unlike the U.S., Israel has a history of prosecuting and imprisoning high officials for corruption. But who succeeds Netanyahu when he is forced from office?
Paul Merrell

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

  • The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.
  • Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
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  • The foreign exchange investigation, which centers on accusations that traders colluded to fix the price of major currencies, will test the Justice Department’s strategy for securing guilty pleas on Wall Street.
  • In the case of UBS, the bank will lose its nonprosecution agreement over interest rate manipulation, the people briefed on the matter said, a consequence of its misconduct in the foreign exchange case. It is unclear why that penalty will fall on UBS, but not on other banks suspected of manipulating both interest rates and currency prices.
  • the bank is expected to avoid pleading guilty in the foreign exchange case, the people said, though it will probably pay a fine. While UBS was unlikely to plead guilty to antitrust violations because it was the first to cooperate in the foreign exchange investigation, the bank was facing the possibility of pleading guilty to fraud charges related to the currency manipulation. The exact punishment is not yet final, the people added.The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • In turn, the S.E.C. asked the Justice Department to hold off on announcing the currency cases until the banks’ requests had been reviewed, one of the people said. As of Wednesday, it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Corporate prosecutions are a delicate matter, peppered with political and legal land mines. Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas. Continue reading the main story Recent Comments AvangionQ 14 hours ago These are the sorts of crimes that take down nations, jail sentences should be mandatory. Lance Haley 14 hours ago I find this whole legal exercise not only irrational, but insulting. I am a criminal defense attorney. Punishing the shareholders and the... loomypop 14 hours ago There is much more than Irony in the reality of how America treats criminal action and punishment when the entire determination and outcome... See All Comments And lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
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    In related news, the Dept. of Justice announced that it would begin using its "collateral consequences" analysis to decisions whether to charge human beings with crimes, taking into account the hardships imposed on innocent family members and other dependents if a person were sentenced to prison.  No? Sounds like corporations have more rights than human beings, yes?
Paul Merrell

US to UN Human Rights Committee: Move Along, Nothing to See Here | American Civil Liber... - 0 views

  • Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.
  • The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.
  • The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.
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  • A comprehensive criminal investigation by the U.S. government would dissuade future government officials from ordering or using torture and abuse. Failure to conduct an independent criminal investigation not only flouts international law but it also undermines America’s ability to advocate for human rights abroad and compromises Americans’ faith in the rule of law at home. The ACLU and other human rights groups have until May 1st to submit “shadow reports” to the Human Rights Committee, which will subsequently assess and grade U.S. implementation of the key priority recommendations.  The Obama administration can still avoid a low grade by responding to domestic and international calls to appoint a special prosecutor to conduct a comprehensive criminal investigation of the tactics described in the Senate torture report, including all acts authorizing or ordering acts of torture and other abuses and provide redress to victims of torture.  
Paul Merrell

The Lies Grow More Audacious - 0 views

  • Washington’s lies are so blatant and transparent that Washington is destroying its own credibility. Consider the NSA spying. Documents released by Snowden and Greenwald make it completely clear that Washington spies not only on government leaders and ordinary people but also on foreign businesses in order to advance US commercial and financial interests. That the US steals Chinese business secrets is not in doubt. So what does Washington do? Washington not only denies what the documents prove but turns the charge around and indicts five Chinese generals for spying on US corporations. The only purpose of these indictments hyped by the US attorney general is propaganda.The indictments are otherwise totally meaningless, not merely false. China is not about to turn over five Chinese generals to the liars in Washington. For the presstitute media the story is a way to move the NSA’s spying out of the spotlight. China is substituted for the NSA as the guilty party. Why doesn’t China, Brazil, Germany and every other country issue arrest warrants for NSA’s top officials, for Obama, and for the members of the congressional oversight committee? Why do other countries always allow Washington to control the explanation with propaganda first strikes?
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    Paul Craig Roberts hasn't caught up with the fact that a German prosectuor is doing just what Roberts suggests, finding that there is sufficient evidence to open a criminal investigation of NSA tapping Angela Merkel's cellphone. 
Paul Merrell

NYPD Blows Whistle on New Hillary Emails: Money Laundering, Sex Crimes with Children, C... - 1 views

  • New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence “to put Hillary (Clinton) and her crew away for life,” NYPD sources told True Pundit. NYPD sources said Clinton’s “crew” also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday.
  • But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department’s highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. “What’s in the emails is staggering and as a father, it turned my stomach,” the NYPD Chief said. “There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that.”
  • The NYPD Chief said once Comey saw the alarming contents of the emails he was forced to reopen a criminal probe against Clinton. “People are going to prison,” he said. Meanwhile, FBI sources said Abedin and Weiner were cooperating with federal agents, who have taken over the non-sexting portions the case from NYPD. The husband-and-wife Clinton insiders  are both shopping for separate immunity deals, sources said. “If they don’t cooperate they are going to see long sentences,” a federal law enforcement source said. NYPD sources said Weiner or Abedin stored all the emails in a massive Microsoft Outlook program on the laptop. The emails implicate other current and former members of Congress and one high-ranking Democratic Senator as having possibly engaged in criminal activity too, sources said. Prosecutors in the office of US Attorney Preet Bharara have issued a subpoena for Weiner’s cell phones and travel records, law enforcement sources confirmed. NYPD said it planned to order the same phone and travel records on Clinton and Abedin, however, the FBI said it was in the process of requesting the identical records. Law enforcement sources are particularly interested in cell phone activity and travel to the Bahamas, U.S. Virgin Islands and other locations that sources would not divulge.
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  • The new emails contain travel documents and itineraries indicating Hillary Clinton, President Bill Clinton, Weiner and multiple members of Congress and other government officials accompanied convicted pedophile billionaire Jeffrey Epstein on his Boeing 727 on multiple occasions to his private island in the U.S Virgin Islands, sources said. Epstein’s island has also been dubbed Orgy Island or Sex Slave Island where Epstein allegedly pimps out underage girls and boys to international dignitaries. Both NYPD and FBI sources confirm based on the new emails they now believe Hillary Clinton traveled as Epstein’s guest on at least six occasions, probably more when all the evidence is combed, sources said. Bill Clinton, it has been confirmed in media reports spanning recent years, that he too traveled with Epstein over 20 times to the island.
  • According to other uncovered emails, Abedin and Clinton both sent and received thousands of classified and top secret documents to personal email accounts including Weiner’s unsecured campaign web site which is managed by Democratic political consultants in Washington D.C. Weiner maintained little known email accounts that the couple shared on the website anthonyweiner.com. Weiner, a former seven-term Democratic Congressman from New York, primarily used that domain to campaign for Congress and for his failed mayoral bid of New York City. At one point, FBI sources said, Abedin and Clinton’s classified and top secret State Department documents and emails were stored in Weiner’s email on a server shared with a dog grooming service and a western Canadian bicycle shop. However, Weiner and Abedin, who is Hillary Clinton’s closest personal aide, weren’t the only people with access to the Weiner’s email account. Potentially dozens of unknown individuals had access to Abedin’s sensitive State Department emails that were stored in Weiner’s email account, FBI sources confirmed. FEC records show Weiner paid more than $92,000 of congressional campaign funds to Anne Lewis Strategies LLC to manage his email and web site. According to FBI sources, the D.C.-based political consulting firm has served as the official administrator of the anthonyweiner.com domain since 2010, the same time Abedin was working at the State Department. This means technically Weiner and Abedin’s emails, including top secret State Department emails, could have been accessed, printed, discussed, leaked, or distributed by untold numbers of personnel at the Anne Lewis consulting firm because they can control where the website and it emails are pointed, FBI sources said.
  • According to FBI sources, the bureau’s newly-minted probe into Clinton’s use and handling of emails while she served as secretary of state, has also been broadened to include investigating new email-related revelations, including: Abedin forwarded classified and top secret State Department emails to Weiner’s email Abedin stored emails, containing government secrets, in a special folder shared with Weiner warehousing over 500,000 archived State Department emails. Weiner had access to these classified and top secret documents without proper security clearance to view the records Abedin also used a personal yahoo address and her Clintonemail.com address to send/receive/store classified and top secret documents A private consultant managed Weiner’s site for the last six years, including three years when Clinton was secretary of state, and therefore, had full access to all emails as the domain’s listed registrant and administrator via Whois email contacts. Because Weiner’s campaign website is managed by the third-party consultant and political email guru, FBI agents are burdened with the task of trying to decipher just how many people had access to Weiner’s server and emails and who were these people. Or if the server was ever compromised by hackers, or other actors.
  • Abedin told FBI agents in an April interview that she didn’t know how to consistently print documents or emails from her secure Dept. of State system. Instead, she would forward the sensitive emails to her yahoo, Clintonemail.com and her email linked to Weiner. Abedin said, according to FBI documents, she would then access those email accounts via webmail from an unclassified computer system at the State Dept. and print the documents, many of which were classified and top secret, from the largely unprotected webmail portals. Clinton did not have a computer in her office on Mahogany Row at the State Dept. so she was not able to read timely intelligence unless it was printed out for her, Abedin said. Abedin also said Clinton could not operate the secure State Dept. fax machine installed in her Chappaqua, NY home without assistance. Perhaps more alarming, according to the FBI’s 302 Report detailing its interview with Abedin, none of the multiple FBI agents and Justice Department officials who conducted the interview pressed Abedin to further detail the email address linked to Weiner. There was never a follow up, according to the 302 report. But now, all that has changed, with the FBI’s decision to reopen the Clinton email investigation and the husband and wife seeking immunity deals to testify against Clinton and other associates about the contents of the laptop’s emails.
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    "New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence "to put Hillary (Clinton) and her crew away for life," NYPD sources told True Pundit. NYPD sources said Clinton's "crew" also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday. But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department's highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. "What's in the emails is staggering and as a father, it turned my stomach," the NYPD Chief said. "There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that." The NYPD
Paul Merrell

JPMorgan to pay record $920 million to resolve trading probes - 1 views

  • JPMorgan Chase is set to pay a record $920 million to resolve probes from three federal agencies over its role in the manipulation of global markets for metals and Treasurys.The figure was released Tuesday morning by the Commodity Futures Trading Commission in a statement from Commissioner Dan Berkovitz. Last week, news reports indicated that the New York-based bank was nearing a settlement of almost $1 billion.The penalty is a record for spoofing, which is when sophisticated traders flood markets with orders that they have no intention of actually executing. The practice was banned after the 2008 financial crisis and regulators have made it a priority to stamp out.Of the $920 million, $436.4 million is a criminal monetary penalty, $172 million is a “criminal disgorgement amount” and $311.7 million is for victim compensation, according to the Department of Justice.
  • JPMorgan Chase is set to pay a record $920 million to resolve probes from three federal agencies over its role in the manipulation of global markets for metals and Treasurys.The figure was released Tuesday morning by the Commodity Futures Trading Commission in a statement from Commissioner Dan Berkovitz. Last week, news reports indicated that the New York-based bank was nearing a settlement of almost $1 billion.The penalty is a record for spoofing, which is when sophisticated traders flood markets with orders that they have no intention of actually executing. The practice was banned after the 2008 financial crisis and regulators have made it a priority to stamp out.Of the $920 million, $436.4 million is a criminal monetary penalty, $172 million is a “criminal disgorgement amount” and $311.7 million is for victim compensation, according to the Department of Justice.
  • The bank, the biggest U.S. lender by assets, has entered into a deferred prosecution agreement with the DOJ that will expire in three years if the firm satisfies its obligations under the deal. 
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  • In his statement, the CFTC’s Berkovitz said he opposed the ruling from his agency that JPMorgan’s actions “should not result in any disqualifications under the ‘bad actor’ provisions of the securities laws.” He is apparently referring to the fact that the settlement isn’t expected to result in business restrictions on other areas of the firm.
  • The bank also has quietly settled a long-running lawsuit that accused the bank of manipulating precious metals markets with “spoofing” trades. The lawsuit was filed in 2015 by Daniel Shak, the hedge fund operator and high-stakes poker player, and two metals traders, Mark Grumet and Thomas Wacker.The three plaintiffs had accused JPMorgan of manipulating the silver futures market from 2010 through 2011 through spoofing trades. Details of the settlement were not disclosed in court filings.
  • In September 2019, federal prosecutors charged Nowak and two other former JPMorgan precious metals traders, Gregg Smith and Christopher Jordan, with participating in a racketeering conspiracy in connection with a multiyear scheme to manipulate the markets and defraud customers, as well as other crimes related to alleged spoofing.A superseding indictment was filed in the criminal case two months later, adding another defendant, ex-JPMorgan executive Jeffrey Ruffo, who had worked in hedge fund sales on the firm’s precious metals desk.All four defendants have pleaded not guilty. Trial in that case is scheduled to begin next April in Chicago federal court.
  • The CFTC noted in their press release that the agency continues to pursue civil litigation against Nowak and  Smith, for spoofing and attempted price manipulation.Although Shak’s lawsuit has been settled, JPMorgan still faces a class action lawsuit related to alleged spoofing in the precious metals markets.
Paul Merrell

Julian Assange unlikely to face U.S. charges over publishing classified documents - The... - 0 views

  • The Justice Department has all but concluded it will not bring charges against WikiLeaks founder Julian Assange for publishing classified documents because government lawyers said they could not do so without also prosecuting U.S. news organizations and journalists, according to U.S. officials. The officials stressed that a formal decision has not been made, and a grand jury investigating WikiLeaks remains impaneled, but they said there is little possibility of bringing a case against Assange, unless he is implicated in criminal activity other than releasing online top-secret military and diplomatic documents.
  • Justice officials said they looked hard at Assange but realized that they have what they described as a “New York Times problem.” If the Justice Department indicted Assange, it would also have to prosecute the New York Times and other news organizations and writers who published classified material, including The Washington Post and Britain’s Guardian newspaper, according to the officials, who spoke on the condition of anonymity to discuss internal deliberations.
  • “We have repeatedly asked the Department of Justice to tell us what the status of the investigation was with respect to Mr. Assange,” said Barry J. Pollack, a Washington attorney for Assange. “They have declined to do so. They have not informed us in any way that they are closing the investigation or have made a decision not to bring charges against Mr. Assange. While we would certainly welcome that development, it should not have taken the Department of Justice several years to come to the conclusion that it should not be investigating journalists for publishing truthful information.”
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  • There have been persistent rumors that the grand jury investigation of Assange and WikiLeaks had secretly led to charges. Officials told The Post last week that there was no sealed indictment, and other officials have since come forward to say, as one senior U.S. official put it, that the department has “all but concluded” that it will not bring a case against Assange.
Gary Edwards

Articles of Impeachment Against Obama - 0 views

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    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Gary Edwards

10 Things You Don't Know (or were misinformed) About the GS Case | The Big Picture - 1 views

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    1. This is a Weak Case:  Actually, no - its a very strong case. Based upon what is in the SEC complaint, parts of the case are a slam dunk. The claim Paulson & Co. were long $200 million dollars when they were actually short is a material misrepresentation - that's Rule 10b-5, and its a no brainer. The rest is gravy. 2. Robert Khuzami is a bad ass, no-nonsense, thorough, award winning Prosecutor:  This guy is the real deal - he busted terrorist rings, broke up the mob, took down security frauds. He is now the director of SEC enforcement. He is fearless, and was awarded the Attorney General's Exceptional Service Award (1996), for "extraordinary courage and voluntary risk of life in performing an act resulting in direct benefits to the Department of Justice or the nation." When you prosecute mass murderers who use guns and bombs and threaten your life, and you kick their asses anyway, you ain't afraid of a group of billionaire bankers and their spreadsheets. He is the shit. My advice to anyone on Wall Street in his crosshairs: If you are indicted in a case by Khuzami, do yourself a big favor: Settle. 3. Goldman lost $90 million dollars, hence, they are innocent:  This is a civil, not a criminal case. Hence, any mens rea - guilty mind - does not matter. Did they or did they not violate the letter of the law? That is all that matters, regardless of what they were thinking - or their P&L. 4. ACA is a victim in this case: Not exactly, they were an active participant in ratings gaming. Look at the back and forth between Paulson's selection and ACAs management. 55 items in the synthetic CDO were added and removed. Why? What ACA was doing was gaming the ratings agencies for their investment grade, Triple AAA ratings approval. Their expertise (if you can call it that) was knowing exactly how much junk they could include in the CDO to raise yield, yet still get investment grade from Moody's or S&P. They are hardly an innocent party in this. 5
Paul Merrell

Turkish court seeks military arrests of Israelis over ship killings | Reuters - 0 views

  • (Reuters) - A Turkish court has issued arrest warrants on Monday for four former Israeli military commanders who are on trial in absentia over the 2010 killing of nine Turks on a Gaza-bound aid ship, Turkish media reports said. The move came after months of negotiations between Turkey and Israel to end a diplomatic crisis over the Israeli commando raid on the Mavi Marmara, a Turkish ship challenging Israel's naval blockade of Palestinian-run Gaza Strip in 2010.Eight Turks and a Turkish-American died during the operation and a Turkish man, Suleyman Ugur Soylemez, died in hospital on Friday night after four years in a coma since the raid.
  • The court ordered the arrest of former Chief of General Staff Gabi Ashkenazi, ex-Navy Commander Eliezer Marom, ex-Air Force Commander Amos Yadlin and ex-head of Air Force intelligence head Avishay Levi, the newspaper Hurriyet said on its website.Turkish prosecutors have already sought multiple life sentences for the now-retired Israeli officers over their involvement in the killings. Among the charges listed in the 144-page indictment are "inciting murder through cruelty or torture" and "inciting injury with firearms".Although the indictment was handed up in 2012, no arrest warrants were issued then. The court said on Monday it would seek the issue of Interpol 'red notices' for the arrest of the four former generals.
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    A Turkish court proceeds with criminal prosecution of high Israeli military commanders responsible for the Mavi-Marmara piracy in which nine humanitarian aid workers were murdered in international waters. One of the nine had dual U.S.-Turkish citizenship but the U.S. government has taken no legal action,     
Paul Merrell

WASHINGTON: Seeing threats, feds target instructors of polygraph-beating methods | Insi... - 0 views

  • Federal agents have launched a criminal investigation of instructors who claim they can teach job applicants how to pass lie detector tests as part of the Obama administration’s unprecedented crackdown on security violators and leakers. The criminal inquiry, which hasn’t been acknowledged publicly, is aimed at discouraging criminals and spies from infiltrating the U.S. government by using the polygraph-beating techniques, which are said to include controlled breathing, muscle tensing, tongue biting and mental arithmetic. So far, authorities have targeted at least two instructors, one of whom has pleaded guilty to federal charges, several people familiar with the investigation told McClatchy. Investigators confiscated business records from the two men, which included the names of as many as 5,000 people who’d sought polygraph-beating advice. U.S. agencies have determined that at least 20 of them applied for government and federal contracting jobs, and at least half of that group was hired, including by the National Security Agency.
  • By attempting to prosecute the instructors, federal officials are adopting a controversial legal stance that sharing such information should be treated as a crime and isn’t protected under the First Amendment in some circumstances.
  • “Nothing like this has been done before,” John Schwartz, a U.S. Customs and Border Protection official, said of the legal approach in a June speech to a professional polygraphers’ conference in Charlotte, N.C., that a McClatchy reporter attended. “Most certainly our nation’s security will be enhanced.”“There are a lot of bad people out there. . . . This will help us remove some of those pests from society,” he added.
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  • The federal government polygraphs about 70,000 people a year for security clearances and jobs, but most courts won’t allow polygraph results to be submitted as evidence, citing the machines’ unreliability. Scientists question whether polygraphers can identify liars by interpreting measurements of blood pressure, sweat activity and respiration. Researchers say the polygraph-beating techniques can’t be detected with certainty, either. Citing the scientific skepticism, one attorney compared the prosecution of polygraph instructors to indicting someone for practicing voodoo.
  • But instructors may be prosecuted if they know that the people they’re teaching plan to lie about crimes during federal polygraphs, he said. In that scenario, prosecutors may pursue charges of false statements, wire fraud, obstructing an agency proceeding and “misprision of felony,” which is defined as having knowledge of serious criminal conduct and attempting to conceal it.
  • Schwartz, who was involved in the federal investigation, cited the risk of drug traffickers infiltrating his agency as justification for prosecutors going after instructors. However, he told the crowd of law enforcement officials from across the country that he wasn’t discussing a specific case but a “blueprint” of how state and local officials might pursue a prosecution. Urging them to join forces with his agency, he declared in a more than two-hour speech that “evil will always seek ways to hide the truth.” “When you identify insider threats and you eliminate insider threats, then that agency is more efficient and more effective,” Schwartz said. The Obama administration’s Insider Threat Program is intended to deter what the government condemns as betrayals by “trusted insiders” such as Edward Snowden, the former National Security Agency contractor who revealed the agency’s secret communications data-collection programs. The administration launched the Insider Threat Program in 2011 after Army Pfc. Bradley Manning downloaded hundreds of thousands of documents from a classified computer network and sent them to WikiLeaks, the anti-government secrecy group.As part of the program, employees are being urged to report their co-workers for a wide range of “risky” behaviors, personality traits and attitudes, McClatchy reported in June. Broad definitions of insider threats also give agencies latitude to pursue and penalize a range of conduct other than leaking classified information, McClatchy found.
  • Several people familiar with the investigation said Dixon and Williams had agreed to meet with undercover agents and teach them how to pass polygraph tests for a fee. The agents then posed as people connected to a drug trafficker and as a correctional officer who’d smuggled drugs into a jail and had received a sexual favor from an underage girl. Dixon wouldn’t say how much he was paid, but people familiar with countermeasures training said others generally charged $1,000 for a one-on-one session.
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    There is no scientific proof that lies can be detected using a polygraph, which is why polygraph evidence is inadmissible in court, but law enforcement and national security types fervently believe otherwise. Prosecuting someone for teaching how to circumvent polygraph testing stacks one absurdity atop another.
Paul Merrell

Analysis: PA 'balking' at war crimes probe - Middle East - Al Jazeera English - 0 views

  • After a document obtained by Al Jazeera revealed the Palestinian Authority (PA) has stalled the launch of a formal investigation into alleged Israeli war crimes in Gaza, Palestinian legal and human rights experts remain dubious that the PA ever truly intended to join the International Criminal Court (ICC). In a confidential letter obtained exclusively by Al Jazeera's Investigative Unit, the ICC's top prosecutor, Fatou Bensouda, said she "did not receive a positive confirmation" from PA Foreign Minister Riad al-Malki that the request submitted for an international investigation had the Palestinian government's approval. Palestinian officials have, on numerous occasions, threatened to head to the ICC to hold Israel accountable for possible war crimes and crimes against humanity. But their efforts so far, have proved fruitless. In July, a French lawyer filed a complaint with the court on behalf of the Palestinian minister of justice, accusing Israel of carrying out war crimes in the Gaza Strip. This came after a 2009 call for an ICC investigation into Israel's three-week military offensive in Gaza that was later dropped when the prosecutor said Palestine was not a court member. In August, Malki met with ICC officials to discuss the implications of ratifying the Rome Statute, the treaty that established the criminal court. "Everything that has happened...is clear evidence of war crimes committed by Israel, amounting to crimes against humanity," he told reporters in The Hague, referring to the recent 51-day Israeli military offensive on Gaza, which left more than 2,100 Palestinians dead. Six Israeli civilians were killed, along with 66 Israeli soldiers.
  • Two years ago, Palestine became recognised as a non-member observer state at the UN General Assembly. This made it eligible to join the ICC; however, to date, Palestinian officials have not signed the Rome Statute, even though almost 80 percent of Palestinians support going to the court. Senior Fatah official Mohammad Shtayyeh didn't say when the Palestinians would apply to the ICC, but said it would probably happen in another few months. "The indictment against Israel at the ICC and all the accompanying documents are ready," Shtayyeh told Al Jazeera. One of the remaining hurdles, Shtayyeh said, is getting one remaining Palestinian faction - Islamic Jihad - to sign an accession document before the Palestinians can present it. Hamas signed onto the proposal at the behest of the PA in August. "We're not in a situation of setting a deadline or making an ultimatum," he said. "We're following developments in the region and the world, and therefore, we'll wait for answers from the international community. But I believe that by November-December, the picture should be clearer."
  • In response to Al Jazeera's claims, the Palestinian Justice Minister Salim al-Saqqa said that Palestinian President Mahmoud Abbas was serious about going to the ICC and was "awaiting national dialogue" to pursue it. "This issue is our number-one priority," he said. "It is still on the table awaiting a few legal and technical procedures. We have not missed our opportunity to head to the court." So far, the Palestinians have struggled to use the court to pursue their claims, with some attributing this to the PA's use of an ICC investigation as a political bargaining chip. "The PA can go to the ICC in one day," said Shawan Jabarin, the director of Ramallah-based human rights group al-Haq. "Abbas, who has been turned this into a political issue, is balking." Many factors are working against setting off a war crimes investigation at the ICC, not least the international community's apparent opposition to the move. "It is the PA's trump card because the Israelis and the Americans have said it is a red line," said Diana Buttu, a lawyer and former adviser to the Palestine Liberation Organisation (PLO).
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  • "When this red line is crossed, then the US said it won't give money to the PA. That's what we call blackmail. But at what point will Abu Mazen [Abbas] say this is a trump card but we will use it?"
  • During US-mediated peace talks between Israel and the Palestinians, Washington ensured that the PA would freeze all moves to turn to international organisations until April 2014. "The Palestinian Authority has been consistently pressured by the USA, Israel, Canada, the UK and other EU Member States not to take steps to grant the ICC jurisdiction," Amnesty International said. "Such pressure has included threats to withdraw financial assistance on which the Palestinian Authority depends."
  • But when Israel reneged on its pledge to free a total of 104 veteran Palestinian prisoners in four tranches, the PA responded by joining 15 international treaties and conventions. Israel said this spelled the end of their negotiations with the Palestinians, while the US said that the PA's moves negatively affected attempts to engage both parties in talks. "The PA's hesitancy can be attributed to several factors: The need to preserve it as a trump card, and also a fear of the US and some European countries' reaction," Jabarin said. "The problem is the method being used by Abbas; he has subjected the issue to political bargaining and to the whims of negotiations." Another reason the PA may be hesitant to set a war crimes investigation in motion is the ramifications it may have on some Palestinian factions. The ICC would likely look into Hamas and Islamic Jihad's rocket-firing o
  • In the past week, Israel said it would open a criminal investigation into several instances of what it is calling "military misconduct" in the Gaza war. Israel's swift call for a probe appears to be an attempt to pre-empt any independent investigations into allegations that its military committed war crimes in Gaza. "The PA gave the Israelis enough time to come up with a trick to prevent the court from opening any investigation," said Saad Djebbar, a London-based lawyer. Generally, the ICC launches probes in instances where the country involved is unable or unwilling to launch an investigation itself, Djebbar told Al Jazeera. "If the court tries to open an inquiry, the Israelis can claim they have jurisdiction [to do it themselves] because the ICC's jurisdiction is complementary," he explained. "The ICC is legally bound to allow an Israeli [probe] to continue."
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    Which helps explain why, in a recent poll of Palestinians in both Gaza and the West Bank, the Hamas leader outpolled Abbas by something on the order of 70-30 on the question of who Palestinians would vote for as President if elections were held at that time. 
Paul Merrell

Turkey Smuggled Sarin Gas to Al Qaeda Terrorists in Syria? Turkish MP | Global Research... - 0 views

  • Turkey is allegedly complicit in the smuggled use of various types of banned chemical weapons for which the Assad government was wrongfully blamed. Turkish Republican People’s Party (CHP) opposition member Eren Erdem accused Ankara of covering up a major war crime, likely direct high-level involvement in smuggling materials used to make deadly sarin gas to ISIS and other terrorists – US proxy foot soldiers waging war on Syria.
  • On December 10, Erdem addressed Turkish parliamentarians, discussing criminal case number 2013/120, opened by Ankara’s General Prosecutor’s Office in Adana. Evidence shows various Turkish nationals were involved in direct dealings with ISIS and other terrorist groups, supplying them with sarin gas. Recorded wiretapped conversations exposed dealings with Al Qaeda terrorist Hayyam Kasap. RT International interviewed Erdem. He explained “(t)here is data in this indictment. Chemical weapon materials are being brought to Turkey and being put together in Syria in camps of ISIS which was known as Iraqi Al Qaeda during that time.” “These are all detected. There are phone recordings of this shipment like ‘don’t worry about the border. We’ll take care of it,’ and we also see the bureaucracy is being used.” According to Erden, once word got out, 13 arrests were made. Days later, suspects were released, charges dropped – after a new Adana public prosecutor replaced the original one. Individuals accused then moved cross-border unobstructed to Syria. “The phone recordings in the indictment showed all the details from how the shipment was going to be made to how it was prepared, from the content of the labs to the source of the materials,”
  • Erden explained. “Which trucks were going to be used, all dates etc. From A to Z, everything was discussed and recorded. Despite all of this evidence, the suspects were released,” the case closed, showing high-level coverup, perhaps ordered by Erdogan. Materials to make sarin gas and perhaps other toxic chemicals moved freely cross-border from Turkey to Syria. Erden indicated a high-level regime coverup, evidence revealing Justice Minister Bekir Bozdag’s involvement. Toxic chemicals were purchased from Europe,” he said. US-led Western countries “should question themselves about these relations. Western sources know very well who carried out the sarin gas attack in Syria.” “They know these people. They know who (they) are working with. They know that these people are working for Al-Qaeda…Western (countries) are hypocrites about the situation.” It bears repeating. No evidence showed Syrian use of chemical or other toxic substances throughout years of conflict.
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  • Earlier, Saudi Arabia was caught red-handed providing them with chemical agents in containers marked “made in KSA (Kingdom of Saudi Arabia).” In early November, Organization for the Prohibition of Chemical Weapons (OPCW) experts confirmed terrorists’ use of mustard gas and chlorine in Syria with “utmost confidence” – calling perpetrators “non-state actor(s).” Blaming Assad for incidents of chemical weapons’ use is part of the US-led propaganda campaign to wrongfully vilify him.
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    This is consistent with other major reports indicating that the Ghouta sarin gas attack was a false flag attack staged by Turkey and the Saudis with the assistance of the U.S. 
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