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Paul Merrell

At the Boiling Point With Israel - The New York Times - 0 views

www.nytimes.com/...-the-2-state-option-alive.html

war & peace U.S.-foreign-policy Israel Palestine 2-state-solution NYTimes

shared by Paul Merrell on 10 Oct 16 - No Cached
  • If the aim of the Israeli government is to prevent a peace deal with the Palestinians, now or in the future, it’s close to realizing that goal. Last week, it approved the construction of a new Jewish settlement in the West Bank, another step in the steady march under Prime Minister Benjamin Netanyahu to build on land needed to create a Palestinian state.The Obama administration, with every justification, strongly condemned the action as a betrayal of the idea of a two-state solution in the Middle East. But Mr. Netanyahu obviously doesn’t care what Washington thinks, so it will be up to President Obama to find another way to preserve that option before he leaves office.The best idea under discussion now would be to have the United Nations Security Council, in an official resolution, lay down guidelines for a peace agreement covering such issues as Israel’s security, the future of Jerusalem, the fate of Palestinian refugees and borders for both states.
  • In a statement, the State Department denounced the new construction plan, saying it would create a “significant new settlement” so deep into the West Bank that it would be “far closer to Jordan than Israel.” It said the project would “effectively divide the West Bank and make the possibility of a viable Palestinian state more remote” and contradicts earlier Israeli government assurances that it would block more settlements.
  • A failure to freeze settlements has long been at the center of tensions between successive American administrations and Israel. This latest decision was especially insulting, coming just a few weeks after the United States and Israel concluded a defense agreement guaranteeing Israel $38 billion in military aid over 10 years. If the new settlement was known earlier, it might have affected those negotiations. Theoretically, the aid gives the United States leverage over Israel, but various administrations have been loath to exercise it; the first President George Bush withheld $400 million in loan guarantees from Israel in 1990 over the settlement issue. The move was later assumed to have been one factor in his re-election defeat.
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  • The most plausible pressure would come from Mr. Obama’s leading the Security Council to put its authority behind a resolution to support a two-state solution and offer the outlines of what that could be. That may seem like a bureaucratic response unlikely to change anything, but it is the kind of political pressure Mr. Netanyahu abhors and has been working assiduously to prevent.
  • Paul Merrell on 10 Oct 16
     
    An act of desperation by the NYT editorial board. They wouldn't be taking this position if they had not learned that the U.S. is preparing a U.N. Security Council Resolution to deal with Israel's intransigience. Of course that would only be a "bureaucratic response," as the NYT puts it, if it is not a resolution under the U.N. Charter's Chapter 7, which authorizes military force to enforce the resolution. By rooting for a resolution that only makes a recommendation, the editorial board is retaining the ability to gripe about a Chapter 7 resolution. But this is also a heads-up from the editorial board directed to the Netanyahu government of Israel that staunch Israel backer NYT has also had it with Israeli colonization of Palestine's West Bank. It's a signal that the era of NYT being Israel's mouthpiece with the loudest voice may come to an end over the colonization issue. The problem for all of the above is that the 2-state solution is dead as a doornail, outpaced by Israeli created facts on the ground. The nation of Israel as we know it is expiring as we watch. A single democratic nation for all of Palestine with equal rights for all citizens, Arab and Jewish, Israel is the only practicable outcome.
Paul Merrell

CorpWatch : "Alchemy" Investigation Alleges Wall Street Fraud at Standard & Poor's - 0 views

www.corpwatch.org/article.php

banksters fraud litigation S&P

shared by Paul Merrell on 09 Feb 14 - No Cached
  • On Monday, the U.S. Department of Justice sued S&P for $5 billion for misleading the Western Federal Corporate Credit Union, the first federally chartered credit union, which collapsed in 2008.  Sixteen states have joined the lawsuit while the U.S. Securities & Exchange Commission has also launched an investigation. S&P has offered to settle for $100 million instead without admitting any guilt.The lawsuits are based on a special government investigation named “Alchemy” into top ratings provided by S&P for “collateralized debt obligations” (CDOs) composed of sub-prime mortgages. The federal officials allege that analysts knew that the loans were likely to go sour.
  • Two dozen government lawyers spent several years, conducting over 150 interviews, to find out how much the ratings agency knew about the quality of the CDOs. Some of the documents they uncovered were pretty damning.“This market is a wildly spinning top which is going to end badly,” wrote David Tesher, an S&P managing director in an email on December 11, 2006, according to documents released by the government. “Let’s hope we are all wealthy and retired by the time this house of cards falters,” another S&P employee wrote four days later, according to documents released by the U.S. Senate."Watch out // Housing market went softer // Cooling down // Strong market is now much weaker // Subprime is boi-ling o-ver // Bringing down the house,” sang an analyst in a parody video of Talking Heads' 1983 song "Burning Down the House" that he recorded for his colleagues in March 2007.
  • “Claims that we deliberately kept ratings high when we knew they should be lower are simply not true. S.&P. has always been committed to serving the interests of investors and all market participants by providing independent opinions on creditworthiness based on available information,” the Wall Street firm said in a statement released to the press.S&P has also tried to claim in court that its ratings are protected under the first amendment to the U.S. constitution, which guarantees the right to free speech. Federal judges have been skeptical like Shira A. Scheindlin, who recently ruled against the argument.
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  • Other lawsuits have also uncovered evidence that Wall Street firms were aware of the problems with sub-prime loans as far back as 2005, according to documents just released in a New York court under a lawsuit against Morgan Stanley, a major U.S. investment bank, that was brought by the China Development Industrial Bank (CDIB) from Taiwan.  The bankers cracked jokes about the quality of the CDO that they sold to the Taiwanese suggesting that it should be called “Subprime Meltdown,” “Hitman,” “Nuclear Holocaust” and “Mike Tyson’s Punchout” or “Shitbag.”
  • Paul Merrell on 09 Feb 14
     
    From February 2013.
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt Kennard | Business | The Guardian - 0 views

www.theguardian.com/...rtations-sue-states-ttip-icsid

ISDS TTIP Banksters World-Banksters

shared by Gary Edwards on 10 Jun 15 - No Cached
  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  • Gary Edwards on 10 Jun 15
     
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Joseph Skues

Why capitalism can't meet human needs - 0 views

www.workers.org/socialism

jobs capitalism OVERPRODUCTION

shared by Joseph Skues on 14 Aug 10 - Cached
  • This crisis began when the housing bubble burst. Capitalist banks were lending money to profit-seeking real estate developers to build houses. The same banks were lending money to mortgage companies to make as many loans as they could. The goal was to boost profits. Soon there were more houses than the workers and the middle class could buy. The prices of homes fell. Mortgages could not be refinanced. Workers could not pay the steep increases in interest rates built into their loans. Banks stopped lending. Millions of households went into foreclosure. Put simply, people became homeless because there were too many houses! Not too many houses that were needed or already here, but too many houses that can be sold at a profit. Furthermore, the workers who build homes and all the workers who make the things that go into homes are losing their jobs because these homes can no longer be sold at a profit. That is the essence of all the capitalist crises that have occurred since the first crisis in 1825. It is the crisis of overproduction.
  • Now the crisis of overproduction is sweeping the auto industry. From the auto industry and the housing industry it is spreading throughout the economy. The stock markets are plummeting because the financial bailouts, the pumping of trillions of dollars into the banks, cannot stop the capitalist economic crisis.
  • Profits consist of unpaid labor.
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  • Under the system of capitalist exploitation wealth flows to the top, and the level of inequality is obscene.
  • the super-rich who have all the levers of power in society, owned 34.3 percent of the wealth in 2004.
  • Racism and national oppression
  • distribution of wealth under capitalism
  • the median wealth (that is, savings and other assets) of households by race in 2004 was $140,700 for whites, $20,600 for African Americans and $18,600 for Latin@s
  • Oppression and economic discrimination also fall on women and lesbian, gay, bi and trans people under capitalism
  • sex and gender bias as a way to divide and conquer.
  • A system in which people are homeless because there are too many homes must go
  • How else could 1 percent of the population dominate the workers and oppressed
  • As the present crisis engulfs wider and wider sections of the workers, the potential for bringing about that unity is growing stronger.
  • The Pentagon is nothing more than an enforcer for U.S. capitalism
  • The growing witch-hunt against undocumented workers has the same poisonous, divisive goal.
  • in which workers are losing their jobs and being plunged into poverty because they have produced too much wealth
  • which cannot provide jobs and education but imprisons 2.4 million people
  • majority of them Black and Latin@, is bankrupt
  • where production takes place for human need, not for profit. The class that produces the wealth, the multinational working class, should own and distribute that wealth.
  • Trillions of dollars are now being used to bail out the banks and fund the Pentagon under capitalism. Under socialism, that money would guarantee that everyone would have a decent job and income, free health care, affordable housing, free education, low-cost transportation, healthy, reasonably priced food and much more. The well-being of the multinational working class would be the goal of society, not their exploitation as it is under capitalism.
Paul Merrell

The Economic Scam of the Century » CounterPunch: Tells the Facts, Names the Names - 0 views

www.counterpunch.org/...e-economic-scam-of-the-century

banksters bail-outs legislation

shared by Paul Merrell on 29 Mar 14 - No Cached
  • The leaders of the U.S. Senate Banking Committee,  Sen. Tim Johnson (D., S.D.) and Sen. Mike Crapo (R., Idaho),  released a draft bill on Sunday that would provide explicit government guarantees on mortgage-backed securities (MBS) generated by privately-owned banks and financial institutions. The gigantic giveaway to Wall Street would put US taxpayers on the hook for 90 percent of the losses on toxic MBS the likes of which crashed the financial system in 2008 plunging the economy into the deepest slump since the Great Depression. Proponents of the bill say that new rules by the Consumer Financial Protection Bureau (CFPB) –which set standards for a “qualified mortgage” (QM)– assure that borrowers will be able to repay their loans thus reducing the chances of a similar meltdown in the future. However, those QE rules were largely shaped by lobbyists and attorneys from the banking industry who eviscerated strict underwriting requirements– like high FICO scores and 20 percent down payments– in order to lend freely to borrowers who may be less able to repay their loans.  Additionally, a particularly lethal clause has been inserted into the bill that would provide blanket coverage for all MBS  (whether they met the CFPB’s QE standard or not) in the event of another financial crisis. Here’s the paragraph:
  • “Sec.305. Authority to protect taxpayers in unusual and exigent market conditions…. If the Corporation, the Chairman of the Federal Reserve Board of Governors and the Secretary of the Treasury, in consultation with the Secretary of Housing and Urban Development, determine that unusual and exigent circumstances threaten mortgage credit availability within the U.S. housing market, FMIC may provide insurance on covered securities that do not meet the requirements under section 302 including those for first loss position of private market holders.” (“Freddie And Fannie Reform – The Monster Has Arrived”, Zero Hedge) In other words, if the bill passes,  US taxpayers will be responsible for any and all bailouts deemed necessary by the regulators mentioned above.  And, since all of those regulators are in Wall Street’s hip-pocket, there’s no question what they’ll do when the time comes. They’ll bailout they’re fatcat buddies and dump the losses on John Q. Public. If you can’t believe what you are reading or if you think that the system is so thoroughly corrupt it can’t be fixed; you’re not alone. This latest outrage just confirms that the Congress, the executive and all the chief regulators are mere marionettes performing whatever task is asked of them by their Wall Street paymasters.
Paul Merrell

Why the United States Always Loses Its Wars | Global Research - 0 views

www.globalresearch.ca/...5430986

war & peace U.S.-foreign-policy foreign-wars

shared by Paul Merrell on 15 Feb 15 - No Cached
  • America loses all its wars because it seems we’ve always been on the wrong side of history. Morally nor legally should any nation have the right to invade and occupy another sovereign nation, much less believe it can achieve victory in long, protracted wars. Yet in violation of all ethical precepts and all international laws, the sole global superpower citing its impunity through exceptionalism hypocritically insists it can maintain its moral high ground in its relentless pursuit of regime changes anywhere it so chooses on earth. We are the global village bully that’s hated by much of the world. And it’s pure self-aggrandizing bullshit to perpetrate the myth that America is hated because of our “freedom,” another rhetorical brainwashing lie. We now live in a fascist totalitarian police state run by a globalized crime syndicate of the central banking cabal. As of last April per a Princeton-Northwestern study the US has officially been designated an oligarchy. Last year after a group of ethnic Russians living in Crimea voted to become part of Russia, the Russian military claimed control over its own naval base there that the US-NATO had been lusting to steal after the unlawful overthrow of Ukraine’s democratically elected sovereign government. Ever since it’s been nonstop lies and propaganda propagated to demonize Putin as the aggressor when in fact all along it’s the American Empire that’s been recklessly pushing what could end up World War III against nuclear powered Russia. With US-NATO missiles installed on Russia’s doorstep in virtually every former Soviet eastern bloc nation, hemming Russia in, who’s really the aggressor here?
  • Meanwhile, despite costing US taxpayers up to six trillion dollars and counting in Iraq alone and another trillion so far in Afghanistan in this age of increasing austerity, the albeit detached reverence for the US military and its abysmal losing war record fail to draw much notice or reflection, much less any real criticism or troubleshooting that might correct the same pattern of mistakes being repeated indefinitely. Another article in the same issue calls for resurrecting the draft as the feeble answer, something my ex-West Point roommate-former Afghan Ambassador-retired general and current Council on Foreign Relations (CFR) member Karl Eikenberry has also publicly advocated. They are all missing the point, unwilling or unable to address the pink elephant in the global room. Respected author-activist David Swanson wrote an incisive rebuttal also confronting the Atlantic article for not answering the obvious question of why America loses at war. He makes the excellent point: The U.S. has killed huge numbers of men, women, and children, made itself hated, made the world more dangerous, destroyed the environment, discarded civil liberties, and wasted trillions of dollars that could have done a world of good spent otherwise. A draft would do nothing to make people aware of that situation. But Swanson merely glides over as a passing fact that the ruling elite is the only entity that stands to gain from war. He fails to emphasize that it is the elite’s power, money and influence that both initiates, but then by calculated design, willfully sabotages the chance of any US military victory after World War II. The reason is simple. If the US triumphed in war it would only delay the totalitarian New World Order from materialization. Only a weakened United States would expeditiously promote a one world government.
  • As a brief historical review tracing events from the dawn of the twentieth century, media mogul Randolph Hearst used the false flag of the Spanish American War to “remember the USS Maine” sinking in the 1898 Havana harbor as its deceitful justification to ruthlessly, violently colonize Cuba and the Philippines, committing ethnic cleansing with estimates as high as near a half million dead Filipinos in that bloodbath. Then it was the “great” English statesman Winston Churchill who plotted the sinking of the Lusitania killing nearly 1200 of his own British citizens (along with 128 Americans) as the baited sacrifice secretly carrying arms to ignite the First World War that was supposed to end all wars.
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  • Then several years later the US encouraged South Korean incursions into Communist North Korea in order to manipulate North Korea into responding in kind. Guaranteeing South Korea full UN support, when the baited North Koreans retaliated by moving two miles inside the South Korean border, that June 1950 “transgression” immediately became the false pretense used to initiate the Korean War.
  • in August 1964 President Johnson lied to the American people with the bogus claim that a US Navy ship was attacked by North Vietnamese gunboats in the Gulf of Tonkin to launch America’s longest running war in history (that is until this century’s everlasting war of terror). That false flag cost near 60,000 American lives and over 3 million dead Southeast Asians, in addition to being the first US humiliating war defeat in its history, marking the first of many consecutive losses.
  • The smaller, less intensive military campaigns of Grenada, Panama, Nicaragua and El Salvador, the First Gulf War, Haiti, Bosnia and Kosovo were all jingoistic saber rattling manipulations of imperialistic Empire overpowering far weaker opponents to take down former US allied dictators (or in the case of Saddam Hussein a preliminary step to the father-son neocon tag team), balkanizing a divide and conquer strategy for global hegemony and imperial war profiteering from the always lucrative drug trafficking trade.
  • Meanwhile, the only true winners of all wars is the oligarch owned and controlled central banking cabal and its Wall Street 500. Once American Empire wreaks military havoc to achieve another ravaged failed state, be it Afghanistan, Iraq, Libya, Somalia, Yemen, a second invasion that becomes the permanent occupation arrives in the form of IMF and World Bank loans. When the war destroyed nation cannot pay the bankster cabal’s loan shark extortion, privatization through transnational corporations rapidly descends as economic hit men-vultures move in for the final kill. The game’s been rigged, set up so no one but the filthy, gluttonous, bloodthirsty, psychopathic vampires comprising the ruling elite can possibly win from all this rigged warring death and destruction.
  • The Zionist neocon creation with a little help from their Saudi-Israeli evil axis friends pulled off the coup of the century on 9/11, massacring 3,000 Americans as their sacrificial lambs, setting into motion the fabricated war on terror masking their actual war on Islam to ensure that a constant fresh supply of made-by-the-USA enemy materializes to justify permanent global violence. During the near ten years that Americans fought in Iraq near a half million Iraqis lost their life, mostly innocent civilians. That toll has only since risen with war still raging. The Islamic State jihadists that the US-Saudi-Israeli unholy alliance secretly created, trained, armed and has funded (just as it did al Qaeda for decades) invaded Iraq last June and is currently in control of more area in Iraq than the weak US puppet government in Baghdad with no end of sectarian violence in sight. Afghanistan looks no better with the puppet Kabul government holding less territory than the surging Taliban that has been waiting for the US military exodus by December 2014 leaving 10,800 US military advisors still remaining behind.
  • The proxy wars leaving Libya as a corrupt and lawlessly violent failed state and Syria a stalemated quagmire with Islamic State mercenaries our not-so-secret friendly boots on the ground still unable to topple and remove Assad from power. Meanwhile, near a quarter of a million people have died in the war in Syria and an astounding 6.5 million have been displaced in that colossal human tragedy supported and caused by the United States.
Paul Merrell

Martin Shkreli Arrested on Securities Fraud Charges - 0 views

www.bloomberg.com/...artin-shkreli-securities-fraud

Shkreli criminal-prosecution embezzlement fraud

shared by Paul Merrell on 18 Dec 15 - No Cached
  • 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.”
  • Paul Merrell on 18 Dec 15
     
    Couldn't happen to a nicer guy.
Paul Merrell

McCain's Eleven Point Plan For War - LewRockwell.com - 0 views

www.lewrockwell.com/...ains-eleven-point-plan-for-war

war & peace War-Party McCain Ukraine

shared by Paul Merrell on 20 Mar 14 - No Cached
  • Sen. McCain to the rescue. He looks on in horror as the dramatic threats of the Obama administration against Russia on Ukraine are not only undeterring but in fact mocked by the Russians. He has developed an eleven point plan to hoist the administration back up onto a war footing with Russia. Never let a good crisis go to waste. McCain would start of course with money. Not his own but ours. His first point is to pass the one billion dollar loan guarantee to Ukraine currently stalled in the Senate. Just an appetizer, as he foresees much more US money “to strengthen the IMF’s ability to be a stronger partner to Ukraine.”
Paul Merrell

The US government doesn't want you to know the cops are tracking you | Trevor Timm | Comment is free | theguardian.com - 0 views

www.theguardian.com/...ng-calls-stingray-surveillance

surveillance state local-law-enforcement location-data stingrays

shared by Paul Merrell on 15 Jun 14 - No Cached
  • All across America, from Florida to Colorado and back again, the country's increasingly militarized local police forces are using a secretive technology to vacuum up cellphone data from entire neighborhoods – including from people inside their own homes – almost always without a warrant. This week, numerous investigations by major news agencies revealed the US government is now taking unbelievable measures to make sure you never find out about it. But a landmark court ruling for privacy could soon force the cops to stop, even as the Obama administration fights to keep its latest tool for mass surveillance a secret.So-called International Mobile Subscriber Identity (IMSI) catchers – more often called their popular brand name, "Stingray" – have long been the talk of the civil liberties crowd, for the indiscriminate and invasive way these roving devices conduct surveillance. Essentially, Stingrays act as fake cellphone towers (usually mounted in a mobile police truck) that police can point toward any given area and force every phone in the area to connect to it. So even if you're not making a call, police can find out who you've been calling, and for how long, as well as your precise location. As Nathan Freed Wessler of the ACLU explained on Thursday, "In one Florida case, a police officer explained in court that he 'quite literally stood in front of every door and window' with his stingray to track the phones inside a large apartment complex."
  • Yet these mass surveillance devices have largely stayed out of the public eye, thanks to the federal government and local police refusing to disclose they're using them in the first place – sometimes, shockingly, even to judges. As the Associated Press reported this week, the Obama administration has been telling local cops to keep information on Stingrays secret from members of the news media, even when it seems like local public records laws would mandate their disclosure. The AP noted:Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • Some of the government's tactics to hide Stingray from journalists and the public have been downright disturbing. After the ACLU had filed a records request for information on Stingrays, the local police force initially told them that, yes, they had the documents and to come on down to the station to look at them. But just before an ACLU rep was due to arrive, US Marshals seized the records and hid them away at another location, in what Wessler describes as "a blatant violation of state open-records laws".The federal government has used various other tactics around the country to prevent disclosure of similar information.USA Today also published a significant nationwide investigation about the Stingray problem, as well as what are known as "cellphone tower dumps". When police agencies don't have Stingrays at their disposal, they can go to cell phone providers to get the cellphone location information of everyone who has connected to a specific cell tower (which inevitably includes thousands of innocent people). The paper's John Kelly reported that one Colorado case shows cellphone tower dumps got police "'cellular telephone numbers, including the date, time and duration of any calls,' as well as numbers and location data for all phones that connected to the towers searched, whether calls were being made or not."
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  • It's scary enough to think that the NSA is collecting so much information, but this mass location and metadata tracking at the local level all may be about to change. This week, the ACLU won a historic victory in the 11th Circuit Court of Appeals (serving Florida, Alabama and Georgia), which ruled that police need to get a warrant from a judge before extracting from your cellphone the location data obtained by way of a cell tower. This ruling will apply whether cops are going after one person, the whole tower and, one can assume, Stingrays. (The case was also argued by the aforementioned Wessler, who clearly is this month’s civil liberties Most Valuable Player.)This case has huge implications, and not just for the Stingrays secretly being used in Florida. It virtually guarantees the US supreme court will soon have to tackle the larger cellphone location question in some form – and whether police across the country have to finally start getting a warrant to find out where your precise location for days or weeks at a time. But as Stanford law professor Jennifer Granick wrote on Friday, it could also have an impact on NSA spying, which relies on the theory that indiscriminately collecting metadata is fair game until a court says otherwise.
  • You may be asking: how, exactly, are the local cops getting their hands on such advanced military technology? Well, the feds are, in many cases, giving away the technology for free. When the US government is not loaning police agencies their own Stingrays, the Defense Department and Homeland Security are giving federal grants to cops, which allow departments to purchase the gear at the cost of $400,000 a pop from defense contractors like Harris Corporation, which makes the Stingray brand.
  • Like Stingrays, and the NSA's phone dragnet before them, the militarization of America's local cops is a phenomenon that's only now getting widespread attention. As journalist Radley Balko, who wrote a seminal book on the subject two years ago, said this week, the Obama administration could easily limit these tactics to "cases of legitimate national security" – but has clearly chosen not to.No matter how much President Obama talks about how he has "maintained a healthy skepticism toward our surveillance programs", it seems the Most Transparent Administration in American History™ remains much more interested in maintaining a healthy, top-secret surveillance state.
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