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Paul Merrell

Lawsuit accuses IBM of hiding China risks amid NSA spy scandal | Reuters - 0 views

  • (Reuters) - IBM Corp has been sued by a shareholder who accused it of concealing how its ties to what became a major U.S. spying scandal reduced business in China and ultimately caused its market value to plunge more than $12 billion. IBM lobbied Congress hard to pass a law letting it share personal data of customers in China and elsewhere with the U.S. National Security Agency, in a bid to protect its intellectual property rights, according to a complaint filed in the U.S. District Court in Manhattan.The plaintiff in the complaint, Louisiana Sheriffs' Pension & Relief Fund, said this threatened IBM hardware sales in China, particularly given a program known as Prism that let the NSA spy on that country through technology companies such as IBM.
  • The Baton Rouge pension fund said the revelation of Prism and related disclosures by former NSA contractor Edward Snowden caused Chinese businesses and China's government to abruptly cut ties with the world's largest technology services provider.It said this led IBM on October 16 to post disappointing third-quarter results, including drops in China of 22 percent in sales and 40 percent in hardware sales.While quarterly profit rose 6 percent, revenue dropped 4 percent and fell well below analyst forecasts.IBM shares fell 6.4 percent on October 17, wiping out $12.9 billion of the Armonk, New York-based company's market value.The lawsuit names IBM, Chief Executive Virginia Rometty and Chief Financial Officer Mark Loughridge as defendants, and says they should be held liable for the company's failure to reveal the risks of its lobbying and its NSA ties sooner.
  • The case is Louisiana Sheriffs' Pension & Relief Fund v. International Business Machines Corp et al, U.S. District Court, Southern District of New York, No. 13-08818.
Paul Merrell

FBI Informant "Threatened" After Offering Details Linking Clinton Foundation To Russian... - 0 views

  • While the mainstream media has largely ignored it, the scandal surrounding Russian efforts to acquire 20% of America's uranium reserves, a deal which was ultimately approved by the Obama administration, and more specifically the Committee on Foreign Investment in the United States (CFIUS) which included Hillary Clinton and Eric Holder, is becoming more problematic for Democrats by the hour.  As The Hill pointed out earlier this morning, the latest development in this sordid tale revolves around a man that the FBI used as an informant back in 2009 and beyond to build a case against a Russian perpetrator who ultimately admitted to bribery, extortion and money laundering.  The informant, who is so far only known as "Confidential Source 1," says that when he attempted to come forward last year with information that linked the Clinton Foundation directly to the scandal he was promptly silenced by the FBI and the Obama administration.
  • Working as a confidential witness, the businessman made kickback payments to the Russians with the approval of his FBI handlers and gathered other evidence, the records show.   Sources told The Hill the informant's work was crucial to the government's ability to crack a multimillion dollar racketeering scheme by Russian nuclear officials on U.S. soil that involved bribery, kickbacks, money laundering and extortion. In the end, the main Russian executive sent to the U.S. to expand Russian President Vladimir Putin's nuclear business, an executive of an American trucking firm and a Russian financier from New Jersey pled guilty to various crimes in a case that started in 2009 and ended in late 2015.   Toensing added her client has had contact from multiple congressional committees seeking information about what he witnessed inside the Russian nuclear industry and has been unable to provide that information because of the NDA.   “He can’t disclose anything that he came upon in the course of his work,” she said.   The information the client possesses includes specific allegations that Russian executives made to him about how they facilitated the Obama administration's 2010 approval of the Uranium One deal and sent millions of dollars in Russian nuclear funds to the U.S. to an entity assisting Bill Clinton's foundation. At the time, Hillary Clinton was serving as secretary of State on the government panel that approved the deal, the lawyer said.
  • In the midst of the new discoveries revealed yesterday about the Uranium One case (see: FBI Uncovered Russian Bribery Plot Before Obama Approved Uranium One Deal, Netting Clintons Millions), "Confidential Source 1" has once again hired an attorney, Victoria Toensing, a former Reagan Justice Department official and former chief counsel of the Senate Intelligence Committee, to get his story out. Sitting down with The Hill earlier, Toensing said that the last time her client tried to speak out "both his reputation and liberty" were "threatened" by the Obama administration in a effort to force his silence.  “All of the information about this corruption has not come out,” she said in an interview Tuesday. “And so my client, the same part of my client that made him go into the FBI in the first place, says, 'This is wrong. What should I do about it?'”   Toensing said she also possesses memos that recount how the Justice Department last year threatened her client when he attempted to file a lawsuit that could have drawn attention to the Russian corruption during the 2016 presidential race as well as helped him recover some of the money Russians stole from him through kickbacks during the FBI probe.   The undercover client witnessed “a lot of bribery going on around the U.S.” but was asked by the FBI to sign a nondisclosure agreement (NDA) that prevents him from revealing what he knows to Congress, Toensing explained.   When he tried to bring some of the allegations to light in the lawsuit last year, “the Obama Justice Department threatened him with loss of freedom. They said they would bring a criminal case against him for violating an NDA,” she added.
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  • As we pointed out last summer when Peter Schweizer first released his feature documentary Clinton Cash, the Uranium One deal at the center of this scandal is believed to have netted the Clintons and their Clinton Foundation millions of dollars in donations and 'speaking fees' from Uranium One shareholders and other Russian entities. Russian Purchase of US Uranium Assets in Return for $145mm in Contributions to the Clinton Foundation - Bill and Hillary Clinton assisted a Canadian financier, Frank Giustra, and his company, Uranium One, in the acquisition of uranium mining concessions in Kazakhstan and the United States.  Subsequently, the Russian government sought to purchase Uranium One but required approval from the Obama administration given the strategic importance of the uranium assets.  In the run-up to the approval of the deal by the State Department, nine shareholders of Uranium One just happened to make $145mm in donations to the Clinton Foundation.  Moreover, the New Yorker confirmed that Bill Clinton received $500,000 in speaking fees from a Russian investment bank, with ties to the Kremlin, around the same time.  Needless to say, the State Department approved the deal giving Russia ownership of 20% of U.S. uranium assets 
Paul Merrell

The Rockefeller Family Fund vs. Exxon | by David Kaiser | The New York Review... - 0 views

  • Earlier this year our organization, the Rockefeller Family Fund (RFF), announced that it would divest its holdings in fossil fuel companies. We mean to do this gradually, but in a public statement we singled out ExxonMobil for immediate divestment because of its “morally reprehensible conduct.”1 For over a quarter-century the company tried to deceive policymakers and the public about the realities of climate change, protecting its profits at the cost of immense damage to life on this planet.Our criticism carries a certain historical irony. John D. Rockefeller founded Standard Oil, and ExxonMobil is Standard Oil’s largest direct descendant. In a sense we were turning against the company where most of the Rockefeller family’s wealth was created. (Other members of the Rockefeller family have been trying to get ExxonMobil to change its behavior for over a decade.) Approached by some reporters for comment, an ExxonMobil spokesman replied, “It’s not surprising that they’re divesting from the company since they’re already funding a conspiracy against us.”2What we had funded was an investigative journalism project. With help from other public charities and foundations, including the Rockefeller Brothers Fund (RBF), we paid for a team of independent reporters from Columbia University’s Graduate School of Journalism to try to determine what Exxon and other US oil companies had really known about climate science, and when. Such an investigation seemed promising because Exxon, in particular, has been a leader of the movement to deny the facts of climate change.3 Often working indirectly through front groups, it sponsored many of the scientists and think tanks that have sought to obfuscate the scientific consensus about the changing climate, and it participated in those efforts through its paid advertisements and the statements of its executives.
  • t seemed to us, however, that for business reasons, a company as sophisticated and successful as Exxon would have needed to know the difference between its own propaganda and scientific reality. If it turned out that Exxon and other oil companies had recognized the validity of climate science even while they were funding the climate denial movement, that would, we thought, help the public understand how artificially manufactured and disingenuous the “debate” over climate change has always been. In turn, we hoped this understanding would build support for strong policies addressing the crisis of global warming.Indeed, the Columbia reporters learned that Exxon had understood and accepted the validity of climate science long before embarking on its denial campaign, and in the fall of 2015 they published their discoveries in The Los Angeles Times.4 Around the same time, another team of reporters from the website InsideClimate News began publishing the results of similar research.5 (The RFF has made grants to InsideClimate News, and the RBF has been one of its most significant funders, but we didn’t know they were engaged in this project.) The reporting by these two different groups was complementary, each confirming and adding to the other’s findings.
  • Following publication of these articles, New York Attorney General Eric Schneiderman began investigating whether ExxonMobil had committed fraud by failing to disclose many of the business risks of climate change to its shareholders despite evidence that it understood those risks internally. Massachusetts Attorney General Maura Healey soon followed Schneiderman with her own investigation, as did the AGs of California and the Virgin Islands, and thirteen more state AGs announced that they were considering investigations.Bernie Sanders and Hillary Clinton each called for a federal investigation of ExxonMobil by the Department of Justice. Secretary of State John Kerry compared Exxon’s deceptions to the tobacco industry’s long denial of the danger of smoking, predicting that, if the allegations were true, Exxon might eventually have to pay billions of dollars in damages “in what I would imagine would be one of the largest class-action lawsuits in history.”6 Most recently, in August, the Securities and Exchange Commission began investigating the way ExxonMobil values its assets, given the world’s growing commitment to reducing carbon emissions. An article in The Wall Street Journal observed that this “could have far-reaching consequences for the oil and gas industry.”7
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  • We didn’t expect ExxonMobil to admit that it had been at fault. It is one of the largest companies in the world—indeed, if its revenues are compared to the gross domestic products of nations, it has one of the world’s larger economies, bigger than Austria’s, for example, or Thailand’s8—and it has a reputation for unusual determination in promoting its self-interest.9 One way or another, we expected it to fight back—most likely, we thought, by proxy, through its surrogates in the right-wing press and in Congress.Sure enough, various bloggers have been calling for “the Rockefellers”10 to be prosecuted by the government for “conspiracy” against Exxon under the Racketeer Influenced and Corrupt Organizations (RICO) Act.11 (Such lines of attack are being tested and refined, and we expect they will soon be repeated in journals with broader readership.) And in May, Texas Republican Lamar Smith, the chair of the House Committee on Science, Space, and Technology, sent a letter to the RFF and seven other NGOs (including the RBF, 350.org, Greenpeace, and the Union of Concerned Scientists),12 as well as all seventeen AGs who said they might investigate ExxonMobil. He accused us of engaging in “a coordinated effort to deprive companies, nonprofit organizations, and scientists of their First Amendment rights and ability to fund and conduct scientific research free from intimidation and threats of prosecution,” and demanded that we turn over to him all private correspondence between any of the recipients of his letter relating to any potential climate change investigation. When we all refused, twice, to surrender any such correspondence, Smith subpoenaed Schneiderman, Healey, and all eight NGOs for the same documents.We will answer Smith’s accusations against us presently. In order to explain ourselves, however, we first have to explain what Exxon knew about climate change, and when—and what, despite that knowledge, Exxon did: the morally reprehensible conduct that prompted our actions in the first place.
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    A must-read. Very nice fully referenced rendition on what Exxon-Mobil knew when about climate change and the efforts they made to mislead the public.
Paul Merrell

Breaking Up is Hard to Do: Goldman Sachs Wants JPMorgan in 4 Pieces | nsnbc international - 0 views

  • JPMorgan Chase & Co (JPM) is paying out a $100 million settlement to keep details about an antitrust lawsuit filed 2 years ago out of the court system and public record.
  • JPM is one of 12 mega-banks named in the suit while they were particularly named for the price manipulation on foreign exchanges markets using digital communications and social media. Several investors including hedge funds, public pension funds, the Philadelphia city and other market investors filed a complaint accusing 12 banks of manipulating WM/Reuters rates through chat rooms, e-mail and instant messaging since Jan 2003. • JPMorgan  • Bank of America  • Goldman Sachs  • Morgan Stanley  • Citigroup  • UBS  • Credit Suisse  • HSBC • Barclays  • The Royal Bank of Scotland  • BNP  • Deutsche Bank.
  • According to court documents, “the banks’ manipulation of WM/Reuters rates impacted the value of financial transactions in the U.S., including foreign exchange trade. Further, the plaintiffs claimed that these also negatively affected the pension and savings accounts that are dependent on global foreign exchange rates.”
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  • Goldman Sachs released a report citing that JPM should be broken up into 4 parts, each culminating in an increase of 25% worth over the total corporate assets. The report stated: “The biggest of the pieces would include the bank’s branch network, which could be worth over $100 billion on its own. JPMorgan’s investment bank would be nearly as large, followed by its commercial bank and an asset management company.” Richard Ramsden, analyst for Goldman Sachs and author of the report explained: “even splitting JPMorgan in two—dividing the investment bank from the traditional bank, returning the company roughly to what was allowed before the Glass Steagall Act was repealed in the early 2000s—would boost the overall value of the current bank by 16%. Our analysis indicates that even accounting for lost synergies, a JPM breakup would be accretive to shareholders in most scenarios.” Sandy Weill, former CEO of Citigroup commented: “[JPM] became the first of the nation’s modern mega-banks. Breaking up the large banks makes sense.” Ramsden asserts “the new capital requirements for big banks proposed by the Federal Reserve in early December make now a good time to consider such a split.”
  • The Federal Reserve Bank (FRB) opened the door for banks to securitize risky derivatives with the announcement to “extend the deadline for banks to sell off stakes in hedge funds and private- equity funds” until 2017. Journalist David Weidner explained: “Now, the ‘push-out’ rule is gone, so we’re in the same position again. And the Fed has delayed a potential roadblock to a taxpayer bailout. In essence, the Federal Deposit Insurance Corp. and the Fed are implicitly suggesting that losses from hedge funds and private equity won’t hold up government support.” Weidner continued: “Ultimately, let’s be honest, the delay isn’t just a delay, it’s to buy time so the bank lobby can eliminate the Volcker Rule altogether. These investments produced risky, but potentially big, returns. Why is it that the bankers are the only ones with good memories?” This was part of the official delay of the Volker Rule, which would ban risky betting with derivatives by banks, approved in 2010. Because of this announcement, Ramsden said: “A break up makes more sense for JPMorgan because, unlike some of its rivals, its individual businesses are strong enough to stand on their own. The bank is partly a victim of its own success.”
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