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Gary Edwards

Seven Things You Should Know about the IRS Rule Challenged in King v. Burwell | Cato In... - 0 views

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    "By Michael F. Cannon and Jonathan H. Adler This article appeared on National Review (Online) on March 4, 2015. This week, the Supreme Court considers King v. Burwell. At issue is whether the IRS exceeded its authority under the Patient Protection and Affordable Care Act by issuing a final IRS rule that expanded the application of the Act's subsidies and mandates beyond the limits imposed by the statute. King v. Burwell is not a constitutional challenge. It challenges an IRS rule as being inconsistent with the Act it purports to implement. The case is a straightforward question of statutory interpretation. Here are seven things everyone needs to know about how the IRS developed the rule at issue in King v. Burwell. But first, a little background. If you're familiar with the case, you can skip to number one. Background Section 1311 of the Act directs states to establish health-insurance "Exchanges." Section 1321 directs the Secretary of Health and Human Services to establish Exchanges in states that "fail[]" to establish Exchanges. Confounding expectations, 38 states failed to establish Exchanges, in almost every case due to opposition to the Act. Section 1401 (creating I.R.C. § 36B) authorizes health-insurance subsidies (nominally, tax credits) "through an Exchange established by the State." The availability of those subsidies triggers tax penalties under the law's individual and employer mandates. In January 2014, the IRS began issuing those subsidies and imposing the resulting penalties through not only state-established Exchanges but also Exchanges established by the federal government as well (i.e., HealthCare.gov). In King v. Burwell, the plaintiffs allege that the IRS exceeded its powers under the Act by issuing a so-called final rule that purports to authorize subsidies in states with Exchanges established by the federal government. The plaintiffs claim that the rule and the subsidies being issued in such states are unlawful, because
Paul Merrell

Court overturns $1.3B penalty against Bank of America for financial crisis - UPI.com - 0 views

  • A federal appeals court on Monday dealt a blow to the Justice Department's efforts to punish big banks for contributing to the financial crisis nearly a decade ago by overturning a massive penalty against Bank of America. The U.S. Court of Appeals for the Second Circuit ruled that the federal government had not proven its case against the nation's second-largest bank -- and, accordingly, the North Carolina-based company does not have to pay the $1.27 billion penalty that stemmed from the case. The Department of Justice investigated and claimed that Bank of America had sold shoddy mortgages that contributed to the financial crisis of 2008-09. Investigators said BoA's Countrywide Financial Corp. and a program called "Hustle" focused on distributing a large number of mortgages but were careless with the quality of the loans. The company then misrepresented the mortgage loans when they were subsequently sold to Fannie May and Freddie Mac, Justice officials claimed. A jury found Bank of America liable for fraud in 2013 and ordered them to pay the massive fine. A $1 million civil penalty leveled against Countrywide executive Rebecca Mairone, one of the few individuals punished for the crisis, was also overturned by the appellate court.
Gary Edwards

The Feds Criminalize Ordinary Life - 0 views

  • Ordinary life should not be treated as a criminal conspiracy.
  • Former U.S. attorney generals Ed Meese and Richard Thornburgh asked Congress last winter merely to ensure that any bills carrying criminal penalties be referred to the Judiciary Committee for review.
  • To their great discredit, the House GOP leadership failed to adopt such a rule.
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  • In truth, Congress should do far more.
  • It should undertake a comprehensive review of the federal criminal code – and perform some radical liposuction on it.
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    Looks like the issue of Civil Liberties and the Obama Gestapo Government are getting traction in the main stream media.  So far the incredible increase in Obammunism's crushing Federal Regulations has been focused on the economic destruction caused.  The flip side of the Obammunism coin is that of Civil Liberties and the 10th Amendment getting similarly crushed. excerpt: Finally, some front-page attention to a major, and frightening, American problem! Tuesday's Wall Street Journal featured an in-depth look at how federal laws increasingly apply criminal penalties for violations involving no mens rea, roughly translated as a "guilty mind." The stricture against criminal penalties for unwitting violations is an age-old, bedrock legal principle. Alas, in today's dangerously armed, bureaucratic super-state, ancient legal principles go by the wayside when politicians pretend to be "tough on crime" and when officious civil "servants" indulge their fetishes for power. U.S. governments at every level these days are prone to "overcriminalization," which means turning ordinary activity into violations of the law, turning what should be civil violations into criminal ones, and applying penalties far harsher than should be warranted. On the mens rea front, the Journal explains: "In recent decades, Congress has repeatedly crafted laws that weaken or disregard the notion of criminal intent. Today not only are there thousands more criminal laws than before, but it is easier to fall afoul of them…. Today, there are an estimated 4,500 crimes in federal statutes, plus thousands more embedded in federal regulations."
Paul Merrell

The Money Changers Serenade: A New Bankers' Plot to Steal Your Deposits | Global Research - 0 views

  • Writing in the Wall Street Journal (“Confessions of a Quantitative Easer,” November 11, 2013), Andrew Huszar confirms my explanation to be the correct one. Huszar is the Federal Reserve official who implemented the policy of QE. He resigned when he realized that the real purposes of QE was to drive up the prices of the banks’ holdings of debt instruments, to provide the banks with trillions of dollars at zero cost with which to lend and speculate, and to provide the banks with “fat commissions from brokering most of the Fed’s QE transactions.” (See: www.paulcraigroberts.org) This vast con game remains unrecognized by Congress and the public. At the IMF Research Conference on November 8, 2013, former Treasury Secretary Larry Summers presented a plan to expand the con game. Summers says that it is not enough merely to give the banks interest free money. More should be done for the banks. Instead of being paid interest on their bank deposits, people should be penalized for keeping their money in banks instead of spending it. To sell this new rip-off scheme, Summers has conjured up an explanation based on the crude and discredited Keynesianism of the 1940s that explained the Great Depression as a problem caused by too much savings. Instead of spending their money, people hoarded it, thus causing aggregate demand and employment to fall.
  • Summers says that today the problem of too much saving has reappeared. The centerpiece of his argument is “the natural interest rate,” defined as the interest rate at which full employment is established by the equality of saving with investment. If people save more than investors invest, the saved money will not find its way back into the economy, and output and employment will fall. Summers notes that despite a zero real rate of interest, there is still substantial unemployment. In other words, not even a zero rate of interest can reduce saving to the level of investment, thus frustrating a full employment recovery. Summers concludes that the natural rate of interest has become negative and is stuck below zero. How to fix this? The way to fix it, Summers says, is to charge people for saving money. To avoid the charges, people would spend the money, thus reducing savings to the level of investment and restoring full employment. Summers acknowledges that the problem with his solution is that people would take their money out of banks and hoard it in cash holdings. In other words, the cash form of money provides consumers with a freedom to save that holds down consumption and prevents full employment. Summers has a fix for this: eliminate the freedom by imposing a cashless society where the only money is electronic. As electronic money cannot be hoarded except in bank deposits, penalties can be imposed that force unproductive savings into consumption.
  • for Summers, the plight of the consumer is not the problem. The problem is the profits of the banks. Summers has the solution, and the establishment, including Paul Krugman, is applauding it. Once the economy officially turns down again, watch out.
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    Paul Craig Roberts exposes Larry Summers formula for the banksters to grab money from everyone: eliminate all but electronic-currency and penalize savings. Not mentioned by Roberts, but much of the infrastructure for this is already in place. For example, late last year all recipients of Social Security and VA benefit checks were notified that after March 1, 2013, they would be in violation of the law if they continued to receive paper checks. They were required to enroll in approved electronic deposit programs, all of which are offered by banks. Until about two years ago, people could merely state in writing that they didn't want it and could continue receiving paper checks. But Congress closed that loophole.  (I remain out of compliance.) Debit card is now mandatory, although they have not yet enacted penalties for non-compliance.  So the banksters now get the "float" on virtually all federal SS and VA benefit payments until spent. That's as opposed to the prior Treasury Department drafts whose funds were not in the banking system.   More to the point, the web portal for the federal "Go Direct" program to sign up for direct deposit is in place and debugged. It wouldn't take much beyond a bigger data set to issue debit cards for everyone in the U.S. during a transition to a cashless economy.  The Constitution says gold and silver only for payment of debts; paper currency paved the way for financial abuse of the economy by banksters. Now Summers wants to do away with cash entirely in favor of digital currency with penalties for saving? My life savings must be surrendered to a bank so I can be penalized for saving? And of course moving to all-digital currency would give the spy agencies a much more detailed record of your purchases to work with. The location where you bought that last cup of coffee is instantly available to the NSA? Gimme a break!    
Paul Merrell

VICTORY: Nebraska Becomes 19th US State to Abolish the Death Penalty! - 0 views

  • Wow, who would have thought it possible? Red-state Nebraska (with a few purple splotches) actually has repealed the death penalty by voting to override the Governor’s veto! And who were the people responsible for finally pushing this through? A strong coalition of abolitionists, plus some unlikely suspects, that’s who.
Gary Edwards

Jobs Depend on Obamacare Defeat | Cato Institute - 0 views

  • The Affordable Care Act authorizes the disputed “employer mandate” penalties and the health insurance subsidies that trigger them, only through insurance exchanges that are “established by the State.” Due to public opposition to Obamacare, at least 34 states, including Virginia, Utah and Indiana, failed to establish exchanges. Those states are being served — if that’s the word — by HealthCare.Gov, an exchange established by the federal government, which is clearly not a “State.” Ignoring the clear and unambiguous language of the statute, the IRS somehow decided to deploy the disputed taxes and spending in HealthCare.Gov states. Two lower courts found that Obamacare itself “unambiguously forecloses” the IRS’ “invalid” misinterpretation of the law. The plaintiffs in King v. Burwell represent Kevin Pace and tens of millions of other Americans who are injured by this breathtaking power grab.
  • If the King plaintiffs prevail before the Supreme Court, it will mean more jobs, more hours and higher incomes for millions of Americans — particularly part-time and minimum-wage workers. Employers will have more flexibility to structure their health benefits. States will be able to attract new businesses by shielding employers from Obamacare’s employer mandate. Critics complain such a ruling would eliminate subsidies in HealthCare.gov states, making the cost of Obamacare coverage transparent to enrollees. But those enrollees will be able to switch to lower-cost “catastrophic” plans — if the Obama administration allows it. To date, the administration has adamantly refused to say whether it would take even this small step to help affected HealthCare.gov enrollees.
  • More important, transparency is a good thing. If enrollees don’t want to pay the full cost of Obamacare coverage, that tells us something very important about Obamacare. It means nobody likes the way Obamacare actually works. Forcing the IRS to implement the law as written will thus create an opportunity for real health care reforms that actually reduce the cost of care. Reining in the IRS would affirm the rule of law, and lead to real health care reform. We should all hope for such an outcome.
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    "By Michael F. Cannon This article appeared on USA Today on March 4, 2015. As if Obamacare weren't problematic enough, two federal courts have found that the IRS unlawfully expanded the health care law's individual and employer mandates, by imposing them on tens of millions of Americans whom Congress exempted. On Wednesday, the Supreme Court will hear King v. Burwell, a case challenging that illegal and ongoing attempt to expand Obamacare outside the legislative process. The victims of this illegal Obamacare expansion include Kevin Pace, a jazz musician and adjunct professor of music in Northern Virginia. Anticipating the Obamacare mandate that employers cover all workers who put in at least 30 hours a week, Pace's employer was forced to cut hours for part-time professors like him in order to avoid massive penalties. In 2013, The Washington Post reported that Pace was left with "an $8,000 pay cut." "Thousands of other workers in Virginia" also had their hours cut. Even though the Obama administration has delayed the employer mandate, many employers have left the cuts in place for when the rules are enforced. " King v. Burwell is about more than IRS rules; it could kill the employer mandate, too." This unlawful expansion of Obamacare's employer mandate is causing workers across the country to lose more income with every passing day. It forced Utah's Granite School District to cut hours for 1,200 part-timers. According to the state of Indiana, which filed a similar legal challenge, this IRS power grab pushed "many Indiana public school corporations (to) reduc(e) the working hours of instructional aides, substitute teachers, non-certified employees, cafeteria staff, bus drivers, coaches and leaders of extracurricular activities." Employers and consumers are also suffering. Pace's employer, for example, has less flexibility to structure its health benefits and less ability to offer attractive educational options to its stude
Paul Merrell

'Ban Donald Trump' petition passes half a million as Republican hopeful calls for death... - 0 views

  • Donald Trump has claimed he will sign an executive order mandating the death penalty for all convicted cop killers, as a petition to deny him entry to the UK becomes the most signed on parliament’s website. It follows a week of controversial rhetoric from the Republican presidential hopeful. On Monday, the billionaire claimed as president he would order a “complete shutdown” of all Muslim immigration to the US, sparking a week-long row that has dominated media coverage and seen Trump recover in the polls, having fallen behind Ted Cruz in an earlier Monmouth poll.
  • Accepting the endorsement of the New England Police Benevolent Association, a local police union representing more than 4,000 officials, Trump issued his latest legally-murky commandment on Thursday night.
  • "One of the first things I do, in terms of executive order if I win, will be to sign a strong, strong statement that will go out to the country -- out to the world -- that anybody killing a policeman, policewoman, a police officer -- anybody killing a police officer, the death penalty. It's going to happen, OK?"
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    As though the President had the lawful power to issue such an Executive Order. Naivete about presidential powers or over-the-top electioneering or both?
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

Toxic US corporate culture 'unchanged': watchdog - Yahoo News - 0 views

  • Five years after the US financial crisis forced the massive government TARP bailout, the US corporate culture remains toxic and breeding crime, the watchdog for the bailout program said Tuesday.More than 300 people in the banking, housing and securities industries are in the hands of the criminal system, whether it is a charge, a conviction or a sentencing, the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) said in a quarterly report to Congress."The financial system has stabilized, but the toxic corporate culture that led up to the crisis and TARP has not sufficiently changed," said Christy Romero, the special inspector general."At the core of the crisis was a pervasive culture at institutions of rampant risktaking and greed combined with significant unchecked power," she said.
  • SIGTARP was launched in early 2009 to detect fraud in the massive TARP bailout program. Within weeks of the Lehman Brothers bankruptcy, the government set up the $700 billion TARP to prop up the collapsing financial system. In 2010, the cap on the Treasury's authority to purchase and guarantee assets under TARP was reduced to $475 billion.To date, 65 people have been sentenced to prison for their crimes investigated by SIGTARP and its law enforcement partners, 112 have been convicted and await sentencing and 154 individuals have been criminally charged and face trial on those charges, the report said.In addition, 60 people have been banned from their industries."Many of these defendants were at the highest levels of banks or companies that applied for or received TARP bailout money. They were trusted to exercise good judgment and make sound decisions. However, they abused that trust. Many times they abused that trust for their own personal benefit," the report said.
  • As of September 30 Treasury had $30.7 billion in write-offs, losses or money not collectible from the program, according to the report."Treasury's write-offs and realized losses are money that taxpayers will never get back. Treasury generally expects the amounts currently not collectible will also be lost," the agency said.The watchdog was harshly critical of the Treasury's oversight of the Hardest Hit Fund, set up in February 2010 to help families in places hurt the most by the housing crisis.The Treasury allocated $7.6 billion in TARP funds for the HHF program in 18 states and Washington, DC, administered by local authorities.But states have reduced their proposed numbers of homeowners needing help, and the Treasury has ignored the SIGTARP's conclusions of an audit reported in April 2012.
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  • "Rather than fix the problem that SIGTARP warned Treasury about in its audit, Treasury allowed the problem to get worse. Rather than following SIGTARP’s recommendations, which were designed to make Treasury and states set goals and work hard to achieve those goals, Treasury is refusing to hold itself or the states accountable to any goal of the number of homeowners to be assisted in HHF, and the result has been that the program is reaching far fewer homeowners than the states expected," the agency said.As of June 30, 2013, the latest data available, it said, states had spent only 22 percent, or $1.7 billion, of the TARP funds and the program had helped only 27 percent of the homeowners that states had anticipated helping in 2011.
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    So many convictions. But somehow, I missed the news about executives at the too-big-to-fail banks being even prosecuted, let alone being convicted. But I did hear about a few of them becoming Obama Administration officials and bankster industry regulators. I'd really like to see a breakdown of who was convicted, of what, and their former positions. And for the 154 awaiting trial, what they're charged with and the positions they occupied at the relevant times. Forgive me for my cynicism, but those in charge of the too-big-to-fail frauds seem to be buying deals not to prosecute people criminally in return for civil penalties that are far less than the money gained by their frauds. Perhaps a relevant reform would be to limit the Justice Department and SEC's ability to bring civil cases against corporations to situations in which they have already secured a criminal conviction of one or more of the the company's principles?  Civil penalties levied against corporations have done little to deter bankster fraud. 
Paul Merrell

Banks fined over $5 billion for rigging global currency markets | Toronto Star - 0 views

  • A group of global banks will pay more than $5 billion U.S. in penalties and plead guilty to rigging the world’s currency market, the first time in more than two decades that major players in the financial industry have admitted to criminal wrongdoing. JPMorgan Chase, Citigroup, Barclays and The Royal Bank of Scotland conspired with one another to fix rates on U.S. dollars and euros traded in the huge global market for currencies, according to a resolution announced Wednesday between the banks and the U.S. Department of Justice. A group of currency traders, who called themselves “The Cartel,” allegedly shared customer orders through chat rooms and used that information to profit at the expense of their clients. The resolution is complex and involves multiple regulators in the U.S. and overseas.
  • The four banks will pay a combined $2.5 billion in criminal penalties to the DOJ for criminal manipulation of currency rates between December 2007 and January 2013, according to the agreement. The Federal Reserve is slapping them with an additional $1.6 billion in fines, as the banks’ chief regulator. Finally, British bank Barclays is paying an additional $1.3 billion to British and U.S. regulators for its role in the scheme. Another bank, Switzerland’s UBS, has agreed to plead guilty to manipulating key interest rates and will pay a separate criminal penalty of $203 million.
  • It is rare to see a bank plead guilty to wrongdoing. Even in the aftermath of the financial crisis, most financial companies reached “non-prosecution agreements” or “deferred prosecution agreements” with regulators, agreeing to pay billions in fines but not admitting any guilt. If any guilt were found, it was usually one of the bank’s subsidiaries or divisions — not the bank holding company.
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  • Big banks overall have already been fined billions of dollars for their role in the housing bubble and subsequent financial crisis. But even so, the latest penalties are big. Including a separate agreement with the Federal Reserve announced Wednesday and another announced last year, the group of banks will pay nearly $9 billion in fines for manipulating the $5.3 trillion global currency market. Unlike the stock and bond markets, currencies trade nearly 24 hours a day, seven days a week. The market pauses two times a day, a moment known as “the fix.” Traders in the cartel allegedly shared client orders with rivals ahead of the “fix”, pumping up currency rates to make profits. Global companies, who do business in multiple currencies, rely on their banks to give them the closest thing to an official exchange rate each day. The banks are supposed to be looking out for them instead of conspiring to get even bigger profits by using customers’ orders against them. Travelers who regularly exchange currencies also need to get a fair price for their euros or dollars.
  • The number of traders who participated in the criminal activity was small. JPMorgan, in a statement, said the one trader involved has been fired. Citi said it fired nine employees involved. The agreement between the banks and the DOJ is subject to court approval. If approved, all five banks have agreed to three years of corporate probation overseen by a court. The banks will also help prosecutors with their investigations into individual criminal activity related to the currency market rigging. In 2012, HSBC avoided a legal battle that could further savage its reputation and undermine confidence in the global banking system by agreeing to pay $1.9 billion to settle a U.S. money-laundering probe. Another British bank, Standard Chartered, signed an agreement with New York regulators to settle a money-laundering investigation involving Iran with a $340 million payment. In 2014, the Bank of America reached a record $17 billion settlement to resolve an investigation into its role in the sale of mortgage-backed securities before the 2008 financial crisis
Paul Merrell

Australia's criminlisation of dissent: anti-protest law is an ominous sign of the times... - 0 views

  • Australia’s criminlisation of dissent: anti-protest law is an ominous sign of the times Share This Tags AustraliaTasmania Brendan Gogarty (TC) : The Workplaces (Protection from Protesters) Bill – locally known as the “anti-protest” bill – was passed by Tasmanian parliament late on Tuesday night. The law was introduced as part of the government’s intention to “re-build Tasmania’s forestry industry”. That is a source of controversy and division in Tasmanian society. To achieve its aim, the government has committed itself to a wide legislative agenda. This includes: amending the uniform Defamation Act 2005 to allow large companies to sue protesters; defunding community and conservation organisations; and tearing up a “peace deal” between foresters and conservationists, which had been enacted into law before the 2014 election.
  • Recognising the potential return to hostilities, the government said it would “not try and appease” protesters, but would rather “toughen the law to deter them”. The anti-protest law is its chosen mechanism of deterrence. While such hard-line policies on political opposition are not new, the severity and breadth of the law to enforce such a policy arguably is. The shift from hard-line policy to hard-line law is worrisome in a constitutional democracy. The spread of state anti-bikie laws in Australia illustrates why this law is not just of concern for Tasmanians.
  • The new law covers all acts on, or acts inhibiting access to, a business premises (all public and private land, including forestry and mining lands) which are: … in furtherance of, or for the purposes of promoting awareness of or support for an opinion, or belief, in respect of a political, environmental, social, cultural or economic issue. Any such protest is subject to significant penalties if they interrupt “business activity”. While originally such sanctions were mandatory, the government agreed in the upper house to exchange these for discretionary penalties. However, the government agreed to this only on condition that the subsequent maximum penalties would be significantly increased. This was to “send a strong message” to protesters and the courts charged with punishing them. As a consequence, protesters who repeatedly interrupt business face fines of up to A$10,000 and four years in jail.
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  • From its inception, the law has been criticised by domestic and international lawyers. Three United Nations human rights rapporteurs considered the bill to breach international law, one describing it as “shocking”. They considered the legislation, as originally envisioned, to be: … disproportionate and unnecessary [creating a] chilling effect of silencing dissenters … [who are] key to raising awareness about human rights, political, [and] social concerns … holding not just governments, but also corporations accountable. A wide range of legal professionals have voiced similar criticisms. While the removal of mandatory penalties alleviated some concerns, the larger concern about a law designed solely to punish people for protesting against controversial business activities – especially publicly supported and funded ones – remains.
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    Australia has neither constitution nor Bill of Rights. It shows.
Paul Merrell

Elizabeth Warren Denounces Travesty of Government "Settlement" With Goldman Sachs - 0 views

  • Criticism of US government leniency on Wall Street legal transgressions is now being covered widely - even by trade publications such as the National Mortgage Professional Magazine. On January 18, the trade publication ran an article about Sen. Elizabeth Warren (D-Massachusetts) condemning the most recent US government settlement with a "too-big-to-fail" financial firm, in this case Goldman Sachs, for illegal abuse of the mortgage market: Sen. Warren used her Facebook page to denounce the agreement, noting that the settlement sum was “barely a fraction of the billions investors lost” while arguing that Goldman Sachs was not properly penalized for its actions. “That’s not justice – it’s a white flag of surrender,” she wrote. “It’s time to end this farce. These companies think they’re above the law – and too many government officials go along with them. A first step would be to pass the bipartisan Truth in Settlements Act to shine more light on these backroom deals. A second step would be to get government officials who have the backbone to fight back.” Warren’s comments were echoed by the nonprofit U.S. Public Interest Research Group (U.S. PIRG).
  • The publication, which is geared toward professionals in the mortgage industry, also tellingly noted, "In announcing the [$5.1 billion] settlement, Goldman Sachs made no admission of guilt or error, and no executive from the New York-based financial giant will face criminal or civil charges."  As we have noted in this space many times, the seemingly large financial penalties levied on Wall Street firms for illegal activity are not so large, in the context of those firms' budgets: The fines are generally less than the revenue that the firms generated by engaging in the often fraudulent practices in the first place. As The Huffington Post noted in a report on the recent settlement,  About $2.4 billion of the settlement is in the form of a government penalty. The bank has said that it securitized about $125 billion of home loans between 2005 and 2008, of which about $23 billion eventually soured. The penalty represents about 10 percent of investors’ losses. Goldman can deduct the rest of the settlement, about $2.7 billion, from its future tax bills, according to a person familiar with the accord. The bank said the settlement will reduce its fourth-quarter profit by about $1.5 billion. It reports earnings next week.
  • Goldman Sachs is being let off the hook for 90 percent of the investor losses for which it was primarily responsible. Furthermore, as is consistent with past settlements with Wall Street firms by the Department of Justice and other executive agencies, much of the fine is tax-deductible. As BuzzFlash has noted before, this rewards Wall Street financial companies by allowing them to factor in settlements with the government for illegal behavior as nothing more than the cost of doing business. Former Attorney General Eric Holder, who left office last year to resume a six-figure-salary partnership at the DC corporate law firm of Covington & Burling (which defends many of the firms that Holder was responsible for prosecuting as attorney general), infamously stated to a US Senate committee in March of 2013: I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if we do prosecute - if we do bring a criminal charge - it will have a negative impact on the national economy, perhaps even the world economy.  Apparently, under current Attorney General Loretta Lynch, that legal exemption for too-big-to-fail financial firms and their executives has not changed.
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

9/11 judge 'pulls plug' on trial over Pentagon order | Miami Herald Miami Herald - 0 views

  • The 9/11 trial judge on Wednesday froze pretrial hearings in a death-penalty case over a controversial Pentagon order requiring the judges to move permanently to this remote outpost until their cases are over.In a 10-page order, Army Col. James L. Pohl abated the prosecution of alleged 9/11 mastermind Khalid Sheik Mohammed and four accused accomplices until the Pentagon rescinds its move-in order.He ruled that the circumstances surrounding the controversial Jan. 7 relocation order “raise the issue of Unlawful Influence by creating the appearance of improper pressure on the military judge to adjust the pace of the litigation.”Defense lawyers in both the Sept. 11 and USS Cole death-penalty cases have alleged the move is an attempt to illegally rush justice, describing it as a pressure play designed to exile the military judges to Cuba, cut short pretrial hearings and move straight to trial. Unlawful Command Influence, or commanders meddling in the judicial function, is a crime in the U.S. military.
  • Prosecutors have defended the order, designed by a retired Marine general functioning as a war court overseer, as part of an effort to improve resourcing at the crude compound here called Camp Justice.Deputy Secretary of Defense Robert Work signed it within a month of getting a recommendation from the overseer, retired Marine Maj. Gen. Vaughn A. Ary. It stripped military judges hearing Guantánamo cases of their other duties, including presiding at U.S. service members’ courts martial, without consultation with the top lawyers of the Army, Navy and Air Force.So far none of the judges has obeyed it pending clarifications from their overall commanders, called The Judge Advocates General.
  • One 9/11 defense attorney, Jay Connell, said that Pohl “was right to pull the plug on the case” — and recited what he saw as a pattern of government interference.“The FBI has infiltrated a defense team, a former CIA contractor became a defense interpreter, and the Deputy Secretary of Defense has unlawfully attempted to influence the military judge,” said Connell, the death-penalty defender of Mohammed’s nephew, Ammar al Baluchi.
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  • The development came as defense lawyers for the alleged USS Cole bombing mastermind, Abd al Rahim al Nashiri, a Saudi, were questioning the war court overseer, Ary, on what he meant when he proposed the rule change Dec. 9, saying “the status quo does not support the pace of litigation necessary to bring these cases to their just conclusion.”Ary, testifying from his Pentagon headquarters, said that he believed the order to move the war court judges to Guantánamo and strip them of their court martial duties was “influence neutral.”He said he didn’t anticipate the order sidelining progress in the hearings. “Knowing what I knew then, I didn’t believe that it would have this effect, no,” he said, adding, “I stand by that recommendation.”
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    Nice. The judge ordered the proceedings be halted until the order for the judges to move to GITMO is rescinded. If not rescinded promptly, the judge will cosider other relief, i.e., dismissing the charges. 
Paul Merrell

Bowe Bergdahl to Face Court-Martial on Desertion Charges - The New York Times - 0 views

  • A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, a move that prompted a huge manhunt in the wilds of eastern Afghanistan and landed him in nearly five years of harsh Taliban captivity. The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence. That is a far more serious penalty than had been recommended by the Army’s investigating officer, who testified at the sergeant’s preliminary hearing in September that prison would be “inappropriate.”
  • According to Sergeant Bergdahl’s defense lawyers, the Army lawyer who presided over the preliminary hearing also recommended that he face neither jail time nor a punitive discharge and that he go before an intermediate tribunal known as a “special court-martial,” where the most severe penalty possible would be a year of confinement.
  • Monday’s decision rejecting that recommendation means that Sergeant Bergdahl now faces a maximum five-year penalty if ultimately convicted by a military jury of desertion, as well as potential life imprisonment on the more serious charge of misbehavior before the enemy, which in this case means endangering the troops who were sent to search for him after he disappeared.Sergeant Bergdahl has been the focus of attacks by Republicans in Congress and on the presidential campaign, and it is far from clear that General Abrams’s decision will temper their criticisms.Donald J. Trump, for one, has called the sergeant a “traitor” who should be executed, while Senator John McCain, Republican of Arizona and the chairman of the Armed Services Committee, has vowed to hold hearings if the sergeant is not punished.
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  • Last week, House Republicans issued a report portraying as reckless and illegal Mr. Obama’s decision in May 2014 to swap Sergeant Bergdahl for five Taliban detainees who were being held at Guantánamo Bay, Cuba.
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    A shame. There's a strong appearance that politics is playing a strong role in the military decision to prosecute Bergdahl. But 5 years in captivity would seem to be punishment enough to me.
Paul Merrell

One of the World's Safest Places for Banking Is Rocked by Scandals - WSJ - 0 views

  • Commonwealth Bank of Australia ’s oversight of money transfers from that account to Lebanon last year was among many failures cited by the Australian federal government’s financial intelligence agency in its nearly US$530 million fine of the bank on Monday. If approved, the fine—meant to settle a lawsuit brought by the agency and founded on breaches of the country’s Anti-Money Laundering and Counter-Terrorism Act—would be the largest corporate civil penalty ever paid in Australia. Australia’s banks have long held a reputation for being among the world’s safest for investors. But a series of scandals over the past year has rocked the country’s top financial institutions. Commonwealth Bank has seen separate penalties for conduct in alleged interest-rate rigging and bad governance. On Friday, Australia & New Zealand Banking Group Ltd. said it would defend against criminal prosecution for alleged cartel conduct in a 2015 capital raising. A public inquiry into the sector, launched last autumn by Prime Minister Malcolm Turnbull, has heard accusations against Australia’s leading financial firms of inappropriate lending, collecting fees from dead customers for financial advice and lying to regulators. The tribunal has already claimed several big scalps. Beginning in late April, the chief executive, chairman and several board members at Australia’s largest wealth management company, AMP Ltd. , resigned after the company admitted it had misled regulators and been slow to compensate customers for fees charged for financial advice it didn’t deliver.
  • Disoriented investors now fear tighter regulation of a sector that has reliably returned a run of record annual underlying profits and solid dividends. The government has already beefed up penalties for corporate wrongdoing, including prison time, and strengthened the corporate regulator’s investigative powers. Commonwealth Bank shares recently tumbled to 5-year lows.
  • Those mistakes included not assessing the inherent risk of so-called intelligent deposit machines before mid-2015. Commonwealth Bank also didn’t limit the number of times that customers could deposit money each day, or create reports on thousands of deposits of A$10,000 (US$7,569) or more at the machines. These flaws created an architecture that money launderers could exploit, the financial-intelligence agency said.
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  • ANZ last month said it would scrap sales-based bonuses for financial planners while paying compensation in about 9,000 cases where it had provided inappropriate advice. And the banking industry has agreed to binding changes around conduct, including tightened background checks for employees and improved transparency around fees.
Paul Merrell

Malaysia Drops Criminal Charges Against Goldman After $3.9BN 1MDB Penalty | Zero Hedge - 0 views

  • After agreeing to pay a whopping $3.9 billion in fines and restitution, Goldman Sachs has finally been freed from one of its biggest albatrosses for its international business: Malaysian prosecutors have dropped all criminal charges in the 1MDB episode.
  • Reuters reports that, on Friday morning local time, Malaysian prosecutors announced that they would be withdrawing criminal charges against three Goldman Sachs units accused of misleading investors over a series of bond sales worth a combined $6.5 billion which helped fund the ill-fated sovereign wealth fund 1MDB (it stands for 1Malaysia Development Berhad). The Goldman subsidiaries based in London, Hong Kong and Singapore had pleaded not guilty to criminal charges back in February and the bank has consistently denied wrongdoing, though gallons of ink have been spilled about the alleged skulduggery that reportedly involved officials as senior as CEO Lloyd Blankfein. Now, the bank needs to settle things with the DoJ, which is also pursuing a criminal investigation. The DoJ estimates that $4.5 billion was siphoned from the fund by a group of insiders led by the fugitive financier Jho Low, the alleged mastermind, and former PM Najib Razak, who received hundreds of millions of dollars in proceeds from the fraud. Late last year, the bank was reportedly on the verge of a settlement with US authorities for roughly $2 billion, but those talks have reportedly fallen apart.
Gary Edwards

The Daily Bell - What TARP Boss Neil Barofsky Told Me Yesterday Should Shock You - 1 views

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    " The Daily Bell Newswire Editorial FRIDAY, MAY 17, 2013 What TARP Boss Neil Barofsky Told Me Yesterday Should Shock You By Bill Bonner 8 Bill Bonner The financial news is getting boring. The Dow goes only one way - up. But gold fell below $1,400 per ounce yesterday. Rather than trying to figure it out, yesterday evening we drove down to Zombietown. A friend in Washington had promised to introduce us to Neil Barofsky, inspector general of the TARP program. You remember TARP? It was the feds' $700 billion program to rescue the US economy from a correction. Neil Barofsky was in charge of it. So we decided to go down and ask him how it turned out... Meanwhile, in yesterday's International Herald Tribune was a small note: "Economists agree that spending cuts and tax increases have slowed the US recovery." Readers will recognize this as the usual claptrap. Government spending does not bring a genuine "recovery." C'mon... how many times do we have to explain? You take $5 worth of resources and give them to an armed 19-year-old in Afghanistan. He shoots a round or two into a mountainside... poof... the $5 is gone. Or you have an ATF official. He's idling his motor as he stakes out a house believed to be used by a cigarette smuggler. In a few minutes, or even seconds, the $5 has vanished. Or give the money to a disabled person; he buys a MoonPie and a Coke. Economists may record the spending as part of GDP... But how are you better off? You're $5 poorer, not $5 richer. But GDP growth is something economists feel they can control. So they go to work on it like a sex maniac strangling a prostitute. Nothing good comes of it. But at least they get results. And here comes Paul Krugman with more garroting wire! The New York Times Magazine: Keynesian economics rests fundamentally on the proposition that macroeconomics isn't a morality play - that depressions are essentially a technical malfunction. As the Great Depression deepened, Keynes famously declared
Paul Merrell

Feds May Have To Reveal FISA Phone Records In Murder Case | Techdirt - 0 views

  • There's been a lot of focus elsewhere concerning the FISA rulings that were leaked, showing that the government is scooping up the details of pretty much every phone call. However, a case concerning some guys who were trying to rob an armored truck may lead to some interesting revelations related to what the government collects. Daryl Davis, Hasam Williams, Terrance Brown, Toriano Johnson, and Joseph K. Simmons were charged with trying to rob a bunch of armored Brink's trucks, in which one of the robberies went wrong and a Brink's employee was shot and killed. As part of the case against the group, the DOJ obtained call records. However, during discovery, the government refused to hand over call records for July of 2010, claiming that when they sought them from the telco, the DOJ was told that those records had been purged. Terrance Brown's lawyer is now claiming that since it appears the NSA has sucked up all of this data for quite some time, it would appear that the government should, in fact, already have the phone records from July 2010, which he argues would show that he was nowhere near the robbery when it happened. Defendant Brown urges that the records are important to his defense because cell-site records could be used to show that Brown was not in the vicinity of the attempted robbery that allegedly occurred in July 2010. And, relying on a June 5, 2013, Guardian newspaper article that published a FISA Court order relating to cellular telephone data collected by Verizon,1 Defendant Brown now suggests that the Government likely actually does possess the metadata relating to telephone calls made in July 2010 from the two numbers attributed to Defendant Brown.
  • The court agrees that, under the law, the government may need to produce those records. Here, Defendant asserts that, under Brady v. Maryland, 373 U.S. 83 (1963), due process requires the production of the July 2010 telephone records because they are anticipated to be exculpatory in that they are expected to show that Defendant Brown was not physically located at the scene of the alleged attempted Brink’s truck robbery in July 2010. In view of Defendant Brown’s Motion and the requirements of FISA, it is hereby ORDERED and ADJUDGED that the Government shall respond to Defendant Brown’s Motion and, if desired, shall file an affidavit of the Attorney General of the United States. That order was actually issued Monday, only giving the government until yesterday to comply. At the time of posting, the government's reply has not yet shown up in PACER, though it may pop up soon. I'm guessing that they'll try to either get some sort of extension or explain why those records are somehow inaccessible -- but it could get interesting.
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    This is definitely one to watch. The Court's order is short but definitely enlightening. The defendant's trial is already under way, so the Court set a very short response time, and required the Feds to concurrently file the affidavit of the Attorney General if the Feds want to claim that disclosure would harm national security. She has also ordered that the Feds concurrently explain any belief that thre information was lawfully gathered, citing some specific portions of the FISA Act that are at the heart of the government's claim of right to compel telcos to disclose the information to the Feds.    Then the court decides whether the Feds must produce the records anyway. Tough position for the government because it would be extremely difficult to argue that the phone call metadata itself is classified, since they are by law "business records" of a private party, the telco.  And this sets the stage for a flood of habeas corpus petitions by persons already convicted seeking new trials with NSA surveillance records disclosed. Easiest way out for the Feds is to claim that the records do not exist, but someone will have to sign a statement under penalty of perjury file to that effect.  If the Court orders disclosure, the Feds have a right of immediate appeal. So this one could win up in the Supreme Court very quickly (days, not months). Reading the Court's order, the judge seems predisposed to order production of the records. So stay tuned to this channel. I'm reminded that about a week ago, an MSNBC reporter blogged that he didn't think that the PRISM story "has legs" that will keep it in the news very long. He was wrong. 
Paul Merrell

At the Royal Bank of Scotland, the business of rescuing the world's worst bank - The Wa... - 0 views

  • Rory Cullinan runs the world’s worst bank from a fifth-floor office overlooking Liverpool Street station in London. His 400-person outfit doesn’t lend money or trade securities. Instead, it sells blown-out mortgages, busted loans and entire companies amassed by Royal Bank of Scotland Group before it collapsed in the global financial crash of 2008. On a Friday afternoon, Cullinan is savoring a new feeling in his life as a toxic-asset disposal specialist: hope that the worst is finally over. After four years of marathon dealmaking, Cullinan’s Non-Core Division has whacked a 258-billion-pound ($390 billion) financial junk pile down to 57 billion pounds and eased pressure on RBS’s balance sheet. That has been chief executive Stephen Hester’s top priority since the government saved RBS from insolvency beginning in late 2008 with a 45-billion-pound lifeline — the biggest bank bailout in history.
  • The RBS mess has pitted Chancellor of the Exchequer George Osborne, who continues to stand behind Hester’s turnaround plan, against Bank of England Governor Mervyn King, who says it is not working. King told the Parliamentary Commission on Banking Standards that the government should fully nationalize RBS, then split it up and re-privatize the “good” pieces of the bank to recoup what it can of the bailout.“We should simply accept the reality today that it is worth less than we thought and should find a way to get an RBS that can be useful to the U.K. economy,” said King, 65, who will retire June 30.
  • Hester has told investors and analysts that getting a grip on RBS has proven a far tougher task than he expected because the euro zone’s sovereign-debt crisis and two recessions in Britain have undermined the bank’s bedrock lending business. Hester has also been hit with misdeeds that took root before he arrived at the bank.In February, RBS agreed to pay a $612 million penalty to regulators and law enforcement officials in the United States and Britain to settle allegations that 21 of its traders had manipulated the London interbank offered rate, or Libor, from 2006 to 2010. Barclays paid a $453 million penalty in July to settle its Libor case, and UBS was fined $1.5 billion in December.
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