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Paul Merrell

GCHQ captured emails of journalists from top international media | UK news | The Guardian - 0 views

www.theguardian.com/...de-reuters-nbc-washington-post

surveillance state GCHQ NSA-targets journalists

shared by Paul Merrell on 20 Jan 15 - No Cached
  • GCHQ’s bulk surveillance of electronic communications has scooped up emails to and from journalists working for some of the US and UK’s largest media organisations, analysis of documents released by whistleblower Edward Snowden reveals. Emails from the BBC, Reuters, the Guardian, the New York Times, Le Monde, the Sun, NBC and the Washington Post were saved by GCHQ and shared on the agency’s intranet as part of a test exercise by the signals intelligence agency. The disclosure comes as the British government faces intense pressure to protect the confidential communications of reporters, MPs and lawyers from snooping.
  • Senior editors and lawyers in the UK have called for the urgent introduction of a freedom of expression law amid growing concern over safeguards proposed by ministers to meet concerns over the police use of surveillance powers linked to the Regulation of Investigatory Powers Act 2000 (Ripa). More than 100 editors, including those from all the national newspapers, have signed a letter, coordinated by the Society of Editors and Press Gazette, to the UK prime minister, David Cameron, protesting at snooping on journalists’ communications. In the wake of terror attacks on the Charlie Hebdo offices and a Jewish grocer in Paris, Cameron has renewed calls for further bulk-surveillance powers, such as those which netted these journalistic communications.
  • One restricted document intended for those in army intelligence warned that “journalists and reporters representing all types of news media represent a potential threat to security”. It continued: “Of specific concern are ‘investigative journalists’ who specialise in defence-related exposés either for profit or what they deem to be of the public interest. “All classes of journalists and reporters may try either a formal approach or an informal approach, possibly with off-duty personnel, in their attempts to gain official information to which they are not entitled.” It goes on to caution “such approaches pose a real threat”, and tells staff they must be “immediately reported” to the chain-of-command.
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  • The journalists’ communications were among 70,000 emails harvested in the space of less than 10 minutes on one day in November 2008 by one of GCHQ’s numerous taps on the fibre-optic cables that make up the backbone of the internet. The communications, which were sometimes simple mass-PR emails sent to dozens of journalists but also included correspondence between reporters and editors discussing stories, were retained by GCHQ and were available to all cleared staff on the agency intranet. There is nothing to indicate whether or not the journalists were intentionally targeted. The mails appeared to have been captured and stored as the output of a then-new tool being used to strip irrelevant data out of the agency’s tapping process. New evidence from other UK intelligence documents revealed by Snowden also shows that a GCHQ information security assessment listed “investigative journalists” as a threat in a hierarchy alongside terrorists or hackers.
  • GCHQ’s bulk surveillance of electronic communications has scooped up emails to and from journalists working for some of the US and UK’s largest media organisations, analysis of documents released by whistleblower Edward Snowden reveals. Emails from the BBC, Reuters, the Guardian, the New York Times, Le Monde, the Sun, NBC and the Washington Post were saved by GCHQ and shared on the agency’s intranet as part of a test exercise by the signals intelligence agency. The disclosure comes as the British government faces intense pressure to protect the confidential communications of reporters, MPs and lawyers from snooping.
Paul Merrell

Lawmakers Say TPP Meetings Classified To Keep Americans in the Dark | Global Research - 0 views

www.globalresearch.ca/...5437233

U.S.-foreign-policy trade agreements TPP secrecy Congress

shared by Paul Merrell on 17 Mar 15 - No Cached
  • US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.
  • As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”
  • “I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.
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  • Among its other critics, Sen. Elizabeth Warren has slammed the idea of ISDS provisions as a surrender of democratic ideals to corporate interests. According to Warren, ISDS would simply “tilt the playing field in the United States further in favor of big multinational corporations.” By having unchallenged input on secretive TPP talks, Warren argued last month, these large companies and financial interests “are increasingly realizing this is an opportunity to gut U.S. regulations they don’t like.” According to Grayson, putting Wednesday’s ISDS briefing in a classified setting “is part of a multi-year campaign of deception and destruction. Why do we classify information? It’s to keep sensitive information out of the hands of foreign governments. In this case, foreign governments already have this information. They’re the people the administration is negotiating with. The only purpose of classifying this information is to keep it from the American people.”
Paul Merrell

Is NSA Surveillance Mastermind Keith Alexander Selling US Secrets to Wall Street? | VICE United States - 0 views

www.vice.com/...-us-secrets-to-wall-street-630

surveillance state NSA Alexander revolving-door

shared by Paul Merrell on 02 Jul 14 - No Cached
  • Perhaps you already assume that there's some kind of twisted marriage between Wall Street megabanks and the US global surveillance regime. Why wouldn't there be? But not even a total cynic could have anticipated spymaster Keith Alexander cashing in this hard, this fast. As Bloomberg recently reported, the former National Security Agency chief, who resigned in March at the age of 62, quickly offered his cyber-security expertise at the eye-popping price of $1 million per month to an assortment of shady business lobbies. And now at least one member of Congress is probing this most delightfully dystopian of arrangements, raising the possibility that Alexander will be shamed out of the practice, if nothing else. “Disclosing or misusing classified information for profit is, as Mr. Alexander well knows, a felony. I question how Mr. Alexander can provide any of the services he is offering unless he discloses or misuses classified information, including extremely sensitive sources and methods,” Florida Democratic Rep. Alan Grayson wrote one of the business groups, the Security Industries and Financial Markets Association (SIFMA), which holds it down for Wall Street in Washington. “Without the classified information that he acquired in his former position, he literally would have nothing to offer to you.”
  • In an interview Monday, Grayson was even more strident in his criticism. "Frankly, what the general is doing is beginning to resemble an extortion racket," he told me. "This is a man who basically lied for a living, and he continues to do that." To be clear, what's uniquely outrageous about Alexander, who has apparently lowered his asking price to $600,000, is not that he is a former US official dangling his alleged expertise and the allure of privileged access to government officials before Wall Street. Former Secretary of State Hillary Clinton, who served under Barack Obama and is the odds-on favorite to succeed him, does this all the time, usually at a rate of about $250,000 a pop. (Indeed, one might argue that the very fact she has managed to do so while enjoying a stellar national reputation is what signaled to Alexander he might as well dive headlong through the revolving door.) But the former NSA head presumably knows things about sophisticated intelligence-gathering practices that very, very few people on Earth have been privy to—information that could be useful in the private sector, which has a tendency to collude with the military in ways that made former President and World War II General Dwight Eisenhower very sad.
  • "What could he possibly have that's worth $1 million a month other than classified information?" wonders Melanie Sloan, founder of Citizens for Responsibility and Ethics in Washington (CREW), a good government group. "That's more than former presidents make." Indeed, even former President Bill Clinton, whose corruption since leaving office is by now the stuff of legend, doesn't have the gall to ask for that much per gig. There's a sort of "fuck it!" attitude to what Alexander is doing, seemingly kicking sand in the face of everyone angry at his surveillance regime by getting paid to reflect on the experience of assembling it. More ominously, there's the prospect that Alexander, whether deliberately or otherwise, may have left behind vulnerabilities while running the NSA so as to put himself in prime position to effectively hold the banks hostage now. Certainly, there have been reports suggesting the agency was aware of some vulnerabilities it either could or did not address.   "What is especially troubling is he might actually be worth it," says former North Carolina Democratic Congressman Brad Miller, who worked extensively on financial regulation and Wall Street reform in Congress. "He's obviously not a computer geek. Some of the things that might have seemed paranoid a few years ago now seem more than plausible given what we've already learned the NSA has been doing."
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  • In an email, former New York Times reporter and Goldman Sachs regulatory guru Stephen Labaton—who is currently president of communications and influence powerhouse RLM Finsbury and apparently fielding the General's media inquiries—dismissed Grayson's critique and Miller's concerns. "The letter is ludicrous," he wrote me, before adding about Miller, "The congressman’s kidding, right? Will he [Alexander] next be tied to the Kennedy assassination?" But as Marcy Wheeler points out, given that the former NSA boss has spent the last year hyping the incredible risk of catastrophic cyber-attack, as well as the alleged damage done by Edward Snowden (an assessment his successor does not seem to share), it's fair to ask if his consultancy is essentially a scam. That the victims are, for now, Wall Street bankers—some of the least sympathetic human beings around—is a sweet bit of irony. But it doesn't change the bigger picture: In this age of total surveillance and unchecked financial power, the frontiers of corruption never seem to stop expanding.
Paul Merrell

Jerusalem at boiling point of polarisation and violence - EU report | World news | The Guardian - 0 views

www.theguardian.com/...isation-and-violence-eu-report

war & peace Israel EU-sanctions report

shared by Paul Merrell on 23 Mar 15 - No Cached
  • A hard-hitting EU report on Jerusalem warns that the city has reached a dangerous boiling point of “polarisation and violence” not seen since the end of the second intifada in 2005. Calling for tougher European sanctions against Israel over its continued settlement construction in the city – which it blames for exacerbating recent conflict – the leaked document paints a devastating picture of a city more divided than at any time since 1967, when Israeli forces occupied the east of the city. The report has emerged amid strong indications that the Obama administration is also rethinking its approach to Israel and the Middle East peace process following the re-election of Binyamin Netanyahu as Israel’s prime minister. According to reports in several US papers, this may include allowing the passage of a UN security council resolution restating the principle of a two-state solution. The leaked report describes the emergence of a “vicious cycle of violence … increasingly threatening the viability of the two-state solution”, which it says has been stoked by the continuation of “systematic” settlement building by Israel in “sensitive areas” of Jerusalem.
  • The disclosure of the 2014 report – which suggests a series of potential punitive measures targeting extremist settlers and settlement products – comes days after Israeli elections which saw Netanyahu emerge as the decisive victor.
  • For its part, Israel rejects the charge of illegal settlement-building in Jerusalem, claiming the city as its “undivided capital”. Among the recommendations in the report are: Potential new restrictions against “known violent settlers and those calling for acts of violence as regards immigration regulations in EU member states”. Further coordinated steps to ensure consumers in the EU are able to exercise their right to informed choice in respect of settlement products in line with existing EU rules. New efforts to raise awareness among European businesses about the risks of working with settlements, and the advancement of voluntary guidelines for tourism operators to prevent support for settlement business.
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  • According to well-informed European sources, the report – now being discussed in Brussels – reflects a strong desire from European governments for additional measures against Israel over its continued settlement-building, and comes at a time when Europe is confronting “the new reality” of a new and potentially more rightwing Netanyahu government. The report also follows a period of growing frustration within the EU over the moribund state of the peace process, which collapsed last year, and pressure to adopt a harder line over issues such as settlement-building. Since Netanyahu’s victory on Tuesday, speculation has been mounting that both the US and the EU are looking for alternative and tougher strategies to push forward the stalled peace process.
Gary Edwards

A Crisis Worse than ISIS? Bail-Ins Begin - nsnbc international | nsnbc international - 0 views

nsnbc.me/...worse-than-isis-bail-ins-begin

Banksters

shared by Gary Edwards on 31 Dec 15 - No Cached
  • Propping Up the Derivatives Scheme Dodd-Frank states in its preamble that it will “protect the American taxpayer by ending bailouts.” But it does this under Title II by imposing the losses of insolvent financial companies on their common and preferred stockholders, debtholders, and other unsecured creditors. That includes depositors, the largest class of unsecured creditor of any bank.
  • Title II is aimed at “ensuring that payout to claimants is at least as much as the claimants would have received under bankruptcy liquidation.” But here’s the catch: under both the Dodd Frank Act and the 2005 Bankruptcy Act, derivative claims have super-priority over all other claims, secured and unsecured, insured and uninsured.
  • The over-the-counter (OTC) derivative market (the largest market for derivatives) is made up of banks and other highly sophisticated players such as hedge funds. OTC derivatives are the bets of these financial players against each other. Derivative claims are considered “secured” because collateral is posted by the parties. For some inexplicable reason, the hard-earned money you deposit in the bank is not considered “security” or “collateral.” It is just a loan to the bank, and you must stand in line along with the other creditors in hopes of getting it back. State and local governments must also stand in line, although their deposits are considered “secured,” since they remain junior to the derivative claims with “super-priority.”
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  • Under the old liquidation rules, an insolvent bank was actually “liquidated” – its assets were sold off to repay depositors and creditors. Under an “orderly resolution,” the accounts of depositors and creditors are emptied to keep the insolvent bank in business.
  • The point of an “orderly resolution” is not to make depositors and creditors whole but to prevent another system-wide “disorderly resolution” of the sort that followed the collapse of Lehman Brothers in 2008.
  • The concern is that pulling a few of the dominoes from the fragile edifice that is our derivatives-laden global banking system will collapse the entire scheme. The sufferings of depositors and investors are just the sacrifices to be borne to maintain this highly lucrative edifice.
  • At first glance, the “bail-in” resembles the normal capitalist process of liabilities restructuring that should occur when a bank becomes insolvent. . . . The difference with the “bail-in” is that the order of creditor seniority is changed. In the end, it amounts to the cronies (other banks and government) and non-cronies. The cronies get 100% or more; the non-cronies, including non-interest-bearing depositors who should be super-senior, get a kick in the guts instead. . . . In principle, depositors are the most senior creditors in a bank. However, that was changed in the 2005 bankruptcy law, which made derivatives liabilities most senior. Considering the extreme levels of derivatives liabilities that many large banks have, and the opportunity to stuff any bank with derivatives liabilities in the last moment, other creditors could easily find there is nothing left for them at all.
  • A study involving the cost to taxpayers of the Dodd-Frank rollback slipped by Citibank into the “cromnibus” spending bill last December found that the rule reversal allowed banks to keep $10 trillion in swaps trades on their books. This is money that taxpayers could be on the hook for in another bailout; and since Dodd-Frank replaces bailouts with bail-ins, it is money that creditors and depositors could now be on the hook for.
  • As of September 2014, US derivatives had a notional value of nearly $280 trillion
  •  Citibank is particularly vulnerable to swaps on the price of oil. Brent crude dropped from a high of $114 per barrel in June 2014 to a low of $36 in December 2015.
  • What about FDIC insurance? It covers deposits up to $250,000, but the FDIC fund had only $67.6 billion in it as of June 30, 2015, insuring about $6.35 trillion in deposits. The FDIC has a credit line with the Treasury, but even that only goes to $500 billion; and who would pay that massive loan back? The FDIC fund, too, must stand in line behind the bottomless black hole of derivatives liabilities
  • You can move your money into one of the credit unions with their own deposit insurance protection; but credit unions and their insurance plans are also under attack.
  • In short, the goal of the bail-in scheme is to place losses on private creditors. Alternatives that allow them to escape could soon be blocked.
  • The Dodd Frank Act and the Bankruptcy Reform Act both need a radical overhaul, and the Glass-Steagall Act (which put a fire wall between risky investments and bank deposits) needs to be reinstated.
  • Meanwhile, local legislators would do well to set up some publicly-owned banks on the model of the state-owned Bank of North Dakota – banks that do not gamble in derivatives and are safe places to store our public and private funds.
  • Gary Edwards on 31 Dec 15
     
    Excellent analysis of the coming banking crisis anw how our politicians have put the citizens on the hook for risky bank derivative gambling.  Thanks Marbux! Ellen H. Brown (nsnbc) : While the mainstream media focus on ISIS extremists, a threat that has gone virtually unreported is that your life savings could be wiped out in a massive derivatives collapse. Bank bail-ins have begun in Europe, and the infrastructure is in place in the US.  Poverty also kills.
Paul Merrell

File Says N.S.A. Found Way to Replace Email Program - The New York Times - 0 views

www.nytimes.com/...d-after-nsa-program-ended.html

surveillance state NSA email-surveilllance lies

shared by Paul Merrell on 20 Nov 15 - No Cached
  • When the National Security Agency’s bulk collection of records about Americans’ emails came to light in 2013, the government conceded the program’s existence but said it had shut down the effort in December 2011 for “operational and resource reasons.” While that particular secret program stopped, newly disclosed documents show that the N.S.A. had found a way to create a functional equivalent. The shift has permitted the agency to continue analyzing social links revealed by Americans’ email patterns, but without collecting the data in bulk from American telecommunications companies — and with less oversight by the Foreign Intelligence Surveillance Court.
  • The disclosure comes as a sister program that collects Americans’ phone records in bulk is set to end this month. Under a law enacted in June, known as the U.S.A. Freedom Act, the program will be replaced with a system in which the N.S.A. can still gain access to the data to hunt for associates of terrorism suspects, but the bulk logs will stay in the hands of phone companies.The newly disclosed information about the email records program is contained in a report by the N.S.A.’s inspector general that was obtained by The New York Times through a lawsuit under the Freedom of Information Act. One passage lists four reasons that the N.S.A. decided to end the email program and purge previously collected data. Three were redacted, but the fourth was uncensored. It said that “other authorities can satisfy certain foreign intelligence requirements” that the bulk email records program “had been designed to meet.”The report explained that there were two other legal ways to get such data. One was the collection of bulk data that had been gathered in other countries, where the N.S.A.’s activities are largely not subject to regulation by the Foreign Intelligence Surveillance Act and oversight by the intelligence court. Because of the way the Internet operates, domestic data is often found on fiber optic cables abroad.
  • The N.S.A. had long barred analysts from using Americans’ data that had been swept up abroad, but in November 2010 it changed that rule, documents leaked by Edward J. Snowden have shown. The inspector general report cited that change to the N.S.A.’s internal procedures.The other replacement source for the data was collection under the FISA Amendments Act of 2008, which permits warrantless surveillance on domestic soil that targets specific noncitizens abroad, including their new or stored emails to or from Americans.“Thus,” the report said, these two sources “assist in the identification of terrorists communicating with individuals in the United States, which addresses one of the original reasons for establishing” the bulk email records program.
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  • Timothy Edgar, a privacy official in the Office of the Director of National Intelligence in both the George W. Bush and Obama administrations who now teaches at Brown University, said the explanation filled an important gap in the still-emerging history of post-Sept. 11, 2001, surveillance. Advertisement Continue reading the main story Advertisement Continue reading the main story “The document makes it clear that N.S.A. is able to get all the Internet metadata it needs through foreign collection,” he said. “The change it made to its procedures in 2010 allowed it to exploit metadata involving Americans. Once that change was made, it was no longer worth the effort to collect Internet metadata inside the United States, in part because doing so requires N.S.A. to deal with” restrictions by the intelligence court.Observers have previously suggested that the N.S.A.’s November 2010 rules change on the use of Americans’ data gathered abroad might be connected to the December 2011 end of the bulk email records program. Marcy Wheeler of the national security blog Emptywheel, for example, has argued that this was probably what happened.
  • And officials, who spoke on the condition of anonymity to discuss sensitive collection programs, have said the rules change and the FISA Amendments Act helped make the email records program less valuable relative to its expense and trouble. The newly disclosed documents amount to official confirmation.
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

Hacked Emails Prove Coordination Between Clinton Campaign and Super PACs - 0 views

theintercept.com/...hillary-superpac-coordination

Auction 2016 Super-PACs Hillary Trump Podesta-emails Citizens-United

shared by Paul Merrell on 24 Oct 16 - No Cached
  • The fact that political candidates are closely coordinating with friendly Super PACs — making a mockery of a central tenet of the Supreme Court’s 2010 Citizens United decision — is one of the biggest open secrets in Washington. Super PACs are only allowed to accept unlimited contributions on the condition that the money is spent independently of specific campaigns. The Federal Election Commission hasn’t reacted for a variety of reasons, including a lack of hard evidence, vague rules, and a partisan divide among the commissioners so bitter they can’t even agree to investigate obvious crimes. But newly disclosed hacked campaign documents published by WikiLeaks and a hacker who calls himself Guccifer 2.0 reveal in stark terms how Hillary Clinton’s staffers made Super PACs an integral part of her presidential campaign.
  • The emails show consistent, repeated efforts by the Clinton campaign to collaborate with Super PACs on strategy, research, attacks on political adversaries and fundraising. The cache also reveal meetings between the campaign and Priorities USA Action, and that campaign officials have helped with the group’s fundraising. The files were apparently hacked from a variety of Clinton staffers and have been posted online in recent weeks by Wikileaks and Guccifer 2.0. Obama administration intelligence officials have alleged, without providing evidence, that the email hacks were conducted on behalf of the Russian government in an attempt to disrupt the U.S. elections.
  • Super PACs, known technically as “Independent Expenditure-Only Political Committees,” are a direct result of the Citizens United court decision. Justice Anthony Kennedy, the author of the decision, proclaimed that deregulating outside money would have no corrupting effect upon candidates because there would be strict firewalls between candidates and outside groups
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  • Correct the Record has long argued it could work directly with the Clinton campaign. When the group launched, it said it would only produce and distribute communications online, and that its work would therefore be exempt from FEC coordination rules. The Super PAC was recently the subject of a complaint filed with the Federal Elections Commission by the Campaign Legal Center, which called on regulators to investigate whether Clinton’s campaign has illegally coordinated with the group. The Campaign Legal Center, a nonpartisan watchdog organization, has also alleged that officials working for Donald Trump have similarly blurred the line between the campaign and one of its largest Super PACs, Make America Number 1, by employing common vendors. The Campaign Legal Center argued that Correct the Record has likely made “coordinated expenditures” that could be considered in-kind contributions to the Clinton campaign — such as its spending on “opposition research, message development, surrogate training, reporter pitches, media booking, video production, ‘rapid response’ press outreach, and other ‘earned media.’” “These documents affirm what we’ve been saying all along about Correct the Record,” said Brendan Fischer, an associate counsel at the Campaign Legal Center. “They are basically operating as an arm of the Clinton campaign.”
  • While Correct the Record has argued it is exempt from FEC rules, Clinton herself has said she does not work with Priorities USA Action. That Super PAC has spent millions of dollars on independent expenditures, including six-figure media advertising buys, to boost Clinton’s candidacy. The group has raised over $133 million through individual donations as large as $6 million. As other media outlets have reported, Marc Elias, the Clinton campaign attorney, provided a memo with guidance on how the campaign could solicit funds for Priorities USA Action. The memo notes that campaign staffers would have to use certain language when trying to raise money for the Super PAC:
  • Elias’s law firm, Perkins Coie LLP, has provided legal services to the Clinton campaign, Correct the Record and Priorities USA Action, making it a central node in the campaign infrastructure.
Paul Merrell

Why Haven't Bankers Been Punished? Just Read These Insider SEC Emails - ProPublica - 0 views

www.propublica.org/...-read-these-insider-sec-emails

banksters SEC Goldman criminal-investigation too-big-to-jail investigation

shared by Paul Merrell on 21 Apr 16 - No Cached
  • n the late summer of 2009, lawyers at the Securities and Exchange Commission were preparing to bring charges in what they expected would be their first big crackdown coming out of the financial crisis. The investigators had been looking into Goldman Sachs’ mortgage-securities business, and were preparing to take on the bank over a complex deal, known as Abacus, that it had arranged with a hedge fund. They believed that Goldman had committed securities violations in developing Abacus, and were ready to charge the firm. James Kidney, a longtime SEC lawyer, was assigned to take the completed investigation and bring the case to trial. Right away, something seemed amiss. He thought that the staff had assembled enough evidence to support charging individuals. At the very least, he felt, the agency should continue to investigate more senior executives at Goldman and John Paulson & Co., the hedge fund run by John Paulson that made about a billion dollars from the Abacus deal. In his view, the SEC staff was more worried about the effect the case would have on Wall Street executives, a fear that deepened when he read an email from Reid Muoio, the head of the SEC’s team looking into complex mortgage securities. Muoio, who had worked at the agency for years, told colleagues that he had seen the “devasting [sic] impact our little ol’ civil actions reap on real people more often than I care to remember. It is the least favorite part of the job. Most of our civil defendants are good people who have done one bad thing.” This attitude agitated Kidney, and he felt that it held his agency back from pursuing the people who made the decisions that led to the financial collapse.
  • While the SEC, as well as federal prosecutors, eventually wrenched billions of dollars from the big banks, a vexing question remains: Why did no top bankers go to prison? Some have pointed out that statutes weren’t strong enough in some areas and resources were scarce, and while there is truth in those arguments, subtler reasons were also at play. During a year spent researching for a book on this subject, I’ve come across case after case in which regulators were reluctant to use the laws and resources available to them. Members of the public don’t have a full sense of the issue because they rarely get to see how such decisions are made inside government agencies. Kidney was on the inside at a crucial moment. Now retired after decades of service to the SEC, Kidney recently provided me with a cache of internal documents and emails about the Abacus investigation. The agency holds the case up as a success, and in some ways it was: Goldman had to pay a $550 million fine, and a low-ranking trader was found liable for violating securities laws. But the documents provided by Kidney show that SEC officials considered and rejected a much broader case against Goldman and John Paulson & Co. Kidney has criticized the SEC publicly in the past, and the agency’s handling of the Abacus case has been previously described, most thoroughly in a piece by Susan Beck, in The American Lawyer, but the documents provided by Kidney offer new details about how the SEC handled its case against Goldman. The SEC declined to comment on the emails or the Abacus investigation, citing its policies not to comment on individual probes. In a recent interview with me, Muoio stood by the agency’s investigation and its case. “Results matter. It was a clear win against a company and culpable individual. We put it to a jury and won,” he said.
  • Kidney, for his part, came to believe that the big banks had “captured” his agency — that is, that the SEC, which is charged with keeping financial institutions in line, had become overly cautious to the point of cowardice.
Paul Merrell

Cut Off the NSA's Juice | Global Research - 0 views

www.globalresearch.ca/...5366575

surveillance state NSA NSA-blowback legislation states

shared by Paul Merrell on 29 Jan 14 - No Cached
  • The National Security Agency depends on huge computers that guzzle electricity in the service of the surveillance state. For the NSA’s top executives, maintaining a vast flow of juice to keep Big Brother nourished is essential — and any interference with that flow is unthinkable. But interference isn’t unthinkable. And in fact, it may be doable. Grassroots activists have begun to realize the potential to put the NSA on the defensive in nearly a dozen states where the agency is known to be running surveillance facilities, integral to its worldwide snoop operations. Organizers have begun to push for action by state legislatures to impede the electric, water and other services that sustain the NSA’s secretive outposts.
  • Those efforts are farthest along in the state of Washington, where a new bill in the legislature — the Fourth Amendment Protection Act — is a statutory nightmare for the NSA. The agency has a listening post in Yakima, in the south-central part of the state. The bill throws down a challenge to the NSA, seeking to block all state support for NSA activities violating the Fourth Amendment. For instance, that could mean a cutoff of electricity or water or other state-government services to the NSA site. And the measure also provides for withholding other forms of support, such as research and partnerships with state universities. Here’s the crux of the bill: “It is the policy of this state to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant that particularly describes the person, place, and thing to be searched or seized.” If the windup of that long sentence has a familiar ring, it should. The final dozen words are almost identical to key phrases in the Fourth Amendment of the U.S. Constitution.
  • In recent days, more than 15,000 people have signed a petition expressing support for the legislation. Launched by RootsAction.org, the petition is addressed to the bill’s two sponsors in the Washington legislature — Republican Rep. David Taylor, whose district includes the NSA facility in Yakima, and Democrat Luis Moscoso from the Seattle area. Meanwhile, a similar bill with the same title has just been introduced in the Tennessee legislature — taking aim at the NSA’s center based in Oak Ridge, Tenn. That NSA facility is a doozy: with several hundred scientists and computer specialists working to push supercomputers into new realms of mega-surveillance capacities. A new coalition, OffNow, is sharing information about model legislation. The group also points to known NSA locations in other states including Utah (in Bluffdale), Texas (San Antonio), Georgia (Augusta), Colorado (Aurora), Hawaii (Oahu) and West Virginia (Sugar Grove), along with the NSA’s massive headquarters at Fort Meade in Maryland. Grassroots action and legislative measures are also stirring in several of those states.
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  • “By working together to tackle the erosion of the Fourth Amendment presented by bulk data collection,” Kellegrew said, “people from across partisan divides are resurrecting the lost art of collaboration and in the process, rehabilitating the possibility of a functional American political dialogue denied to the people by dysfunction majority partisan hackery.” From another vantage point, this is an emerging faceoff between reliance on cynical violence and engagement in civic nonviolence.
  • Serving the warfare state and overall agendas for U.S. global dominance to the benefit of corporate elites, the NSA persists in doing violence to the Constitution’s civil-liberties amendments — chilling the First, smashing the Fourth and end-running the Fifth. Meanwhile, a nascent constellation of movements is striving to thwart the surveillance state, the shadowy companion of perpetual war. This is a struggle for power over what kind of future can be created for humanity. It’s time to stop giving juice to Big Brother.
Paul Merrell

Repo, Baby, Repo » CounterPunch: Tells the Facts, Names the Names - 1 views

www.counterpunch.org/...repo-baby-repo

financial-collapse banksters repo-market federal-reserve

shared by Paul Merrell on 24 Oct 13 - No Cached
  • Subprime mortgages did not cause the financial crisis, nor did the housing bubble or Lehman Brothers. The financial crisis originated in a corner of the shadow banking system called the repo market. That’s where the bank run occurred that froze the secondary market, sent prices on mortgage-backed assets plunging, and pushed the financial system into a death spiral. In the Great Crash of 2008, repo was ground zero, the epicenter of the global catastrophe. As analyst David Weidner noted in the Wall Street Journal, “The repo market wasn’t just a part of the meltdown. It was the meltdown.” Regrettably, the Federal Reserve’s nontraditional monetary policies (ZIRP and QE) have succeeded in restoring the repo market to it’s precrisis level of activity, but without implementing any of the changes that would have made the system safer. Repo is as vulnerable and crisis-prone today as it was when the French bank PNB Paribas stopped redemptions in its off-balance sheet operations in 2007 kicking off the tumultuous bank run that would eventually implode the entire system and push the economy into the deepest slump since the Great Depression. By failing to rein in repo, the Fed has ensured that financial crises will be a regular feature in the future occurring every 15 or 20 years as was the case before banks were more strictly regulated and government backstops were put in place. Repo returns us to Wild West “anything goes” banking.
Paul Merrell

Documenting use of overhead imagery on civilian US targets - 0 views

nsarchive.gwu.edu/...y-to-track-domestic-US-targets

surveillance state domestic aerial-surveillance

shared by Paul Merrell on 24 Aug 15 - No Cached
  • New Documents Trace Controversial Use of Drones and other Aerial Surveillance for Domestic National Security – from Safeguarding Major Sporting Events to Law Enforcement to Tracking Wildfires
  • “FBI spy plane zeroes in on Dearborn area” was the headline in The Detroit News on August 5, 2015. The story, which broke the news that the FBI had conducted at least seven surveillance flights recently over downtown Detroit, also raised a broader issue. It illustrated the fact that along with the controversy concerning electronic surveillance activities focused on telephone and e-mail records of United States citizens there exists a corresponding source of controversy – the use of satellites and assorted aircraft (manned and unmanned) to collect imagery and conduct aerial surveillance of civilian targets within the United States. Today, the National Security Archive posts over forty documents, many appearing online for the first time, related to the domestic use of overhead imagery and the controversy it has generated. Among those documents are:
  • Annual activity reports of the Civil Applications Committee, created in 1975 to provide a forum for interaction between the Intelligence Community and civil agencies wanting information from “national systems” (Document 2, Document 4, Document 6, Document 13, Document 16). Articles from a classified National Reconnaissance Office magazine discussing the use of NRO imagery spacecraft to aid in disaster relief (Document 9, Document 10, Document 23). Articles from the National Geospatial-Intelligence Agency’s Pathfinder magazine, which describe how the NGA uses overhead imagery to provide data to assorted agencies with responsibilities in security operations and planning for National Special Security Events (Document 12, Documents 20a, 20b, 20c, Document 26). Examples of imagery, obtained by the KH-9 spy camera, of two targets in New York – the World Trade Center and Shea Stadium (Document 29). Detailed NGA, NORTHCOM, and Air Combat Command internal regulations governing the collection, dissemination and use of domestic imagery (Document 17, Document 19, Document 34).  A description and assessments of the Customs and Border Protection service’s use of drones (Document 24, Document 30, Document 35, Document 37).
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

mondoweiss.net/...exclusive-palestine-apartheid

war & peace Israel ICC charges Palestine war crimes apartheid

shared by Paul Merrell on 26 Jun 15 - No Cached
  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human Rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human Rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

New Data Reveals U.S. Far From Freest Country in the World - 0 views

theantimedia.org/om-freest-country-in-the-world

U.S. economy economic-freedom ranking stats

shared by Paul Merrell on 27 Sep 15 - No Cached
  • According to the annual Economic Freedom of the World report, the United States has dropped to #16 in an index of economic freedom. The list, released by the Fraser Institute, ranks countries around the world by a number of different factors that include the size and scope of government: expenditures, taxes, enterprises, legal structure and security of property rights, access to sound money, freedom to trade internationally, and regulation of credit, labor, and business were all evaluated. The study also considered income levels and poverty rates. As the introduction of the study details:“The cornerstones of economic freedom are (1) personal choice, (2) voluntary exchange coordinated by markets, (3) freedom to enter and compete in markets, and (4) protection of persons and their property from aggression by others. Economic freedom is present when individuals are permitted to choose for themselves and engage in voluntary transactions as long as they do not harm the person or property of others.”At the top of the list was Hong Kong, followed by Singapore, New Zealand, Switzerland, United Arab Emirates, Mauritius, Jordan, Ireland, and Canada. The United Kingdom and Chile tied at #10. The United States followed behind at #16, continuing a downward trend that has grown for several years.
  • The report also noted that “Nowhere has the reversal of the rising trend in the economic freedom been more evident than in the United States. Throughout the period from 1970 to 2000, the United States ranked as the world’s freest OECD nation (generally the third freest economy overall behind only Hong Kong and Singapore). The chain-linked summary rating of the United States in 2000 was 8.65. By 2005, the US rating had slipped to 8.22. The slide has continued. The 7.73 chain-linked rating of the United States in 2013 was more than 0.9 of a unit lower than the 2000 rating. Thus, the decline in economic freedom in the United States has been more than three times greater than the average decline found in the OECD [emphasis added].”While the U.S. has never had a truly free economy, the new study makes it evident that Americans have far less economic freedom and opportunity than they did in the year 2000. Now that economic conditions are even worse in the U.S. than they were before, a culture of extreme economic control has taken over and exacerbated the growing recession — one that history may end up redesignating a depression.
Paul Merrell

Transatlantic Trade and Investment Partnership (TTIP) Negotiations Fall Apart Following Mass Protest in the EU | Global Research - Centre for Research on Globalization - 0 views

www.globalresearch.ca/...5479985

TTIP EU negotiations France

shared by Paul Merrell on 07 Oct 15 - No Cached
  • Back in January the EU Commission published their response to the consultation on TTIP and it was found that 97% of the 150,000 responses opposed the trade deal. These respondents represented the general public. The biggest petition in the EU’s history was then presented that contained the signatures of 2 million citizens (now nearly 3 million) opposed to TTIP. Both were rejected as were proposals even for a simple hearing of the European Citizens Initiative. Then in April this year, thousands of protestors took to the streets of cities all over Europe as unelected officials of the EU Commission continue to ignore the concerns of its citizens. In June, fellow MEPs from many political parties who are also opposed to TTIP joined Ukip in standing, shouting, booing and clapping to show their dissatisfaction with proceedings. MEPs were due to set out their first formal position on TTIP since negotiations started two years ago and the meeting descended into chaos (video). The meeting was then stopped by the commissioners. Meanwhile David Cameron has persistently attempted to call out those working to derail the deal. Cameron has accused critics of inventing false scare stories whilst urging business chiefs to help make the case to overcome sustained attacks from left-wing opponents and warned Britain would “rue the day if we miss this opportunity” to open up transatlantic markets.
  • Private arbitration of disputes between States and businesses. Such a procedure is strictly contrary to the idea that I have of the      sovereignty of States. … Any questioning of the European system of appellations of origin. According to the US proposal, there would be a non-binding register, and only for wines and spirits. Such a reform would kill many European local products, whose value is based on their certified origin. Signing of an agreement with a power that legalizes widespread and systematic spying on my fellow European citizens and European businesses. As long as the agreement does not protect the personal data of European and US citizens, it cannot be signed. Allowing the United States proposal of a transatlantic common financial space, who adamantly refuse a common regulation of finance, and they refuse to abolish systematic discrimination by the US financial markets against European financial services. The questioning of European health protections. We do not want our animals treated with growth hormones nor products derived from GMOs, or chemical decontamination of meat, or of genetically modified seeds or non-therapeutic antibiotics in animal feed.
  • Fekl, the Minister of State for Foreign Trade called on the United States to show “reciprocity” in the negotiations. “American members of parliament have access to a much higher number of documents than we do in Europe,” he said. The German people are now taking a stand and now it is being reported in the USA that sentiment is going against the deal – “It is entirely possible that the U.S. could seek to conclude the deal in the next few years only to find that European governments are unwilling to risk the ire of their voters”. Matthias Fekl, explained that, ever since the negotiations began in 2013, “These negotiations have been and are being conducted in a total lack of transparency,” and that France has, as of yet, received “no serious offer from the Americans.” The reasons for this stunning public rejection had probably already been accurately listed more than a year ago. Jean Arthuis, a member of the European Parliament, and formerly France’s Minister of Economy and Finance, headlined in Le Figaro, on 10 April 2014, “7 good reasons to oppose the transatlantic treaty”. There is no indication that the situation has changed since then, as regards the basic demands that President Obama is making. Arthuis said at that time, that he was opposed to;
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  • Cameron, who (increasingly) seldom listens to the general public or elected members of parliament representing the electorate will no doubt use all his powers to get this deal though to redeem himself after being called incompetent by his own military generals and by the Obama administration over Syria. In sharp comparison, both Paris and Berlin want the Investor State Dispute Settlement mechanism (ISDS) of TTIP removed from the transatlantic trade treaty currently being negotiated with Washington. This is a game changer. Matthias Fekl, the French Secretary of State for Foreign Trade, told EurActiv France that he would “never allow private tribunals in the pay of multinational companies to dictate the policies of sovereign states, particularly in certain domains like health and the environment”. That was back in January. Nine months later and France has now reinforced that message and gone one big step forward. In an interview with Sud-Ouest, Matthias Fekl threatened to “call a complete halt” to the TTIP negotiations if things do not change. EurActiv France reports. America has shown no desire to change any of the major issues that have been challenged. Fekl told the French newspaper that he believes the “total lack of transparency” in the Transatlantic Trade and Investment Partnership (TTIP) negotiations poses a “democratic problem”.
  • The signing of an agreement if it does not include the end of the US monetary dumping. Since the abolition of the gold convertibility of the dollar and the transition to the system of floating exchange rates, the dollar is both American national currency and the main unit for exchange reserves in the world. The Federal Reserve then continually practices monetary dumping, by influencing the amount of dollars available to facilitate exports from the United States. As things now stand, America’s monetary weapon has the same effect as customs duties against every other nation. [And he will not sign unless it’s removed.] Allow the emerging digital services in Europe to be swept up by US giants such as Google, Amazon or Netflix. They’re giant absolute masters in tax optimization, which make Europe a “digital colony.”
  • France is now considering “all options including an outright termination of negotiations” says France’s Trade Minister.
Paul Merrell

Data Transfer Pact Between U.S. and Europe Is Ruled Invalid - The New York Times - 0 views

www.nytimes.com/...-union-us-data-collection.html

surveillance state NSA-reform EUCJ litigation safe-harbor

shared by Paul Merrell on 06 Oct 15 - No Cached
  • Europe’s highest court on Tuesday struck down an international agreement that allowed companies to move digital information like people’s web search histories and social media updates between the European Union and the United States. The decision left the international operations of companies like Google and Facebook in a sort of legal limbo even as their services continued working as usual.The ruling, by the European Court of Justice, said the so-called safe harbor agreement was flawed because it allowed American government authorities to gain routine access to Europeans’ online information. The court said leaks from Edward J. Snowden, the former contractor for the National Security Agency, made it clear that American intelligence agencies had almost unfettered access to the data, infringing on Europeans’ rights to privacy. The court said data protection regulators in each of the European Union’s 28 countries should have oversight over how companies collect and use online information of their countries’ citizens. European countries have widely varying stances towards privacy.
  • Data protection advocates hailed the ruling. Industry executives and trade groups, though, said the decision left a huge amount of uncertainty for big companies, many of which rely on the easy flow of data for lucrative businesses like online advertising. They called on the European Commission to complete a new safe harbor agreement with the United States, a deal that has been negotiated for more than two years and could limit the fallout from the court’s decision.
  • Some European officials and many of the big technology companies, including Facebook and Microsoft, tried to play down the impact of the ruling. The companies kept their services running, saying that other agreements with the European Union should provide an adequate legal foundation.But those other agreements are now expected to be examined and questioned by some of Europe’s national privacy watchdogs. The potential inquiries could make it hard for companies to transfer Europeans’ information overseas under the current data arrangements. And the ruling appeared to leave smaller companies with fewer legal resources vulnerable to potential privacy violations.
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  • “We can’t assume that anything is now safe,” Brian Hengesbaugh, a privacy lawyer with Baker & McKenzie in Chicago who helped to negotiate the original safe harbor agreement. “The ruling is so sweepingly broad that any mechanism used to transfer data from Europe could be under threat.”At issue is the sort of personal data that people create when they post something on Facebook or other social media; when they do web searches on Google; or when they order products or buy movies from Amazon or Apple. Such data is hugely valuable to companies, which use it in a broad range of ways, including tailoring advertisements to individuals and promoting products or services based on users’ online activities.The data-transfer ruling does not apply solely to tech companies. It also affects any organization with international operations, such as when a company has employees in more than one region and needs to transfer payroll information or allow workers to manage their employee benefits online.
  • But it was unclear how bulletproof those treaties would be under the new ruling, which cannot be appealed and went into effect immediately. Europe’s privacy watchdogs, for example, remain divided over how to police American tech companies.France and Germany, where companies like Facebook and Google have huge numbers of users and have already been subject to other privacy rulings, are among the countries that have sought more aggressive protections for their citizens’ personal data. Britain and Ireland, among others, have been supportive of Safe Harbor, and many large American tech companies have set up overseas headquarters in Ireland.
  • “For those who are willing to take on big companies, this ruling will have empowered them to act,” said Ot van Daalen, a Dutch privacy lawyer at Project Moore, who has been a vocal advocate for stricter data protection rules. The safe harbor agreement has been in place since 2000, enabling American tech companies to compile data generated by their European clients in web searches, social media posts and other online activities.
  • Paul Merrell on 06 Oct 15
     
    Another take on it from EFF: https://www.eff.org/deeplinks/2015/10/europes-court-justice-nsa-surveilance Expected since the Court's Advocate General released an opinion last week, presaging today's opinion.  Very big bucks involved behind the scenes because removing U.S.-based internet companies from the scene in the E.U. would pave the way for growth of E.U.-based companies.  The way forward for the U.S. companies is even more dicey because of a case now pending in the U.S.  The Second U.S. Circuit Court of Appeals is about to decide a related case in which Microsoft was ordered by the lower court to produce email records stored on a server in Ireland. . Should the Second Circuit uphold the order and the Supreme Court deny review, then under the principles announced today by the Court in the E.U., no U.S.-based company could ever be allowed to have "possession, custody, or control" of the data of E.U. citizens. You can bet that the E.U. case will weigh heavily in the Second Circuit's deliberations.  The E.U. decision is by far and away the largest legal event yet flowing out of the Edward Snowden disclosures, tectonic in scale. Up to now, Congress has succeeded in confining all NSA reforms to apply only to U.S. citizens. But now the large U.S. internet companies, Google, Facebook, Microsoft, Dropbox, etc., face the loss of all Europe as a market. Congress *will* be forced by their lobbying power to extend privacy protections to "non-U.S. persons."  Thank you again, Edward Snowden.
Gary Edwards

American Thinker: Wrecks, Lies and Barney Frank - 0 views

www.americanthinker.com/...cks_lies_and_barney_frank.html

politics bailout barney-frank fannie-freddie

shared by Gary Edwards on 29 Oct 08 - Cached
  • But then a caller challenged Frank's continued insistence that the meltdown was brought on by Republican deregulation, citing the 1999 NY Times article concerning Clinton Administration efforts to force Fannie to ease mortgage standards in order to provide more minority and lower-income lending. The caller reminded Barney of his own words as ranking member from a 2003 Times piece reporting Bush's initiative to reign in Fannie and Freddie by creating new oversight under the Treasury Department:
  • "The recklessness of government is a primary culprit here. For years, Congress has been pushing banks to make risky, subprime loans. Using the authority of the Community Reinvestment Act, the big push for subprime mortgages began in earnest during the Clinton years. Banks that didn't play ball were subject to serious fines and lawsuits, and regulatory obstacles were placed in their way. While expanding access to the American Dream is a worthy goal, by blindly pursuing that goal and allowing the end to justify any means, we put millions of Americans at financial risk."
  • In truth, the Bill that would have likely averted the Fannie/Freddy failure -- the Federal Housing Enterprise Regulatory Reform Act of 2005 (S. 190) -- was Republican legislation introduced by Sen. Charles Hagel [R-NE] in January of 2005. 
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  • What's more, the "regulation" Frank now takes credit for was not his (H.R.1427 passed the House last year but never escaped Senate committee) but rather Nancy Pelosi's (H.R. 3221 - The Housing and Economic Recovery Act of 2008). And Pelosi's version, not surprisingly and unlike its Republican predecessors, was signed marked up with over 66 pages of Liberal wealth redistribution wish-fulfillment under the guise of assuring "affordable housing."  While it did establish (and way too late, Barney) the Federal Housing Finance Agency, with regulatory authority over Fannie Mae, Freddie Mac, the Federal Home Loan Banks, and the Office of Finance, it's bogged down with tons of pork-fat. This oinker even increased the national debt limit from $9.82 trillion to $10.62 trillion, and commissioned a boatload of programs for low income families to spend it on.
  • Frank did, however, introduce legislation of his own in October of last year. Would you believe that H.R. 3838 was actually an attempt to temporarily increase the caps on Fannie/Freddie portfolios and to mandate the "use of 85% of such increase for refinancing subprime mortgages at risk of foreclosure?
  • Gary Edwards on 29 Oct 08
     
    But then a caller challenged Frank's continued insistence that the meltdown was brought on by Republican deregulation, citing the 1999 NY Times article concerning Clinton Administration efforts to force Fannie to ease mortgage standards in order to provide more minority and lower-income lending. The caller reminded Barney of his own words as ranking member from a 2003 Times piece reporting Bush's initiative to reign in Fannie and Freddie by creating new oversight under the Treasury Department:
Gary Edwards

Revealed - the capitalist network that runs the world - physics-math - 19 October 2011 - New Scientist - 0 views

www.newscientist.com/...twork-that-runs-the-world.html

Banksters Federal-Reserve-Bankster-Cartel Complex-systems

shared by Gary Edwards on 20 Oct 11 - No Cached
  • Gary Edwards on 20 Oct 11
     
    The secret 1% revealed at last. Using advanced "complex systems heuristics", a group of mathematicians and scientist studying the stability of complex systems has applied their techniques to study the interlocking relationships driving the global economy. They claim to have identified the inner architecture of global economic power, and hope to make it more stable. Incredible stuff! A list of the top 50 of the 147 superconnected companies cross references nicely with the question, "Who Owns the Federal Reserve Bankster Cartel?" The focus is on global "Transnational Corporations" (TNCs) and how the interlocking ownership/cross-director-relationships has affected the global economy. The study discovers a "super-entity" comprised of a core 147 companies that control over 40% of the world's wealth and productivity capacity. Most of these are global banking and financial operations. Yes, Wall Street Banksters! "In effect, less than 1 per cent of the companies were able to control 40 per cent of the entire network," says James Glattfelder, head of the Zurich research team. Most were financial institutions. The top 20 included Barclays Bank, JPMorgan Chase & Co, and The Goldman Sachs Group. Collectively this 1% control a further 60% of global revenues. excerpt: AS OWS PROTESTS against financial power sweep the world this week, science may have confirmed the protesters' worst fears. An analysis of the relationships between 43,000 transnational corporations has identified a relatively small group of companies, mainly banks, with disproportionate power over the global economy.

    The study's assumptions have attracted some criticism, but complex systems analysts contacted by New Scientist say it is a unique effort to untangle control in the global economy. Pushing the analysis further, they say, could help to identify ways of making global capitalism more stable.

    The idea that a few bankers control a large chunk of the global econo
  • Paul Merrell on 12 Aug 12
     
    Important work but perhaps too immature to base decisions on with confidence. I was struck by this statement: "Glattfelder says we may need global anti-trust rules, which now exist only at national level, to limit over-connection among TNCs. Sugihara says the analysis suggests one possible solution: firms should be taxed for excess interconnectivity to discourage this risk." My relevant question is, who would be the recipients of the postulated tax? Anytime you create a revenue stream, the recipients acquire a vested interest in maintaining and expanding that revenue stream and the folks who pay the revenue acquire a vested interest in minimizing or eliminating the expense. While the payers incentives are consistent with the article's statement, the identities of the recipients and their incentives to tweak the tax to produce more revenue needs more thought and discussion with a strong focus on: [i] who makes that decision; [ii] who has the the power to decide whether that authority is abused; and [iii] who has standing to initiate actions to correct abuse. On the latter, the U.S. Constitution would seem to require that those who pay the taxes are entitled to Due Process. But at the same time, the individual consumer can also be injured by abuse. However, a hallmark trait of most trade agreements is that only government and regulated corporations are granted standing to challenge regulatory decisions, which has skewed their interpretation heavily to the corporate side. Universal standing is the cure.
Paul Merrell

Why Aren't Big Bankers in Jail? - FAIR: Fairness & Accuracy In Reporting - 0 views

fair.org/...why-arent-big-bankers-in-jail

financial-collapse criminal-immunity too-big-to-jail too-big-to-fail banksters

shared by Paul Merrell on 05 Jan 14 - No Cached
  • The man in charge of a bank that engaged in massive mortgage fraud chatted with a corporate media host (CNBC Squawk on the Street, 7/12/13) about the fact that virtually none of those who enriched themselves while eviscerating the life savings of many blameless people, derailing the US economy along the way, have faced criminal prosecution
  • Granted, Cramer is no one's idea of a serious interrogator of the financial system (FAIR Blog, 3/13/09). But much journalism on the question of criminal prosecution of industry leaders amounts to similar apologia. While there have been substantive inquiries into the wrongdoing of investment banks and auditors, those calling for jail time are often dismissed as irrational, driven by "blood lust" (Washington Post, 9/12/13), "anger" (Chicago Tribune, 11/30/13) or "vengeance" (Washington Post, 11/18/13).
  • What the soft-headed among us don't recognize, evidently, is that "blowing up your company isn't necessarily a crime," as the Christian Science Monitor (10/11/11) put it. "America doesn't criminalize bad business decisions," wrote the Washington Post (9/12/13). Or, from Businessweek (5/12/11): "In the American legal system, people who merely act badly or unwisely do not do time." But some have no trouble pointing to actual crimes in the crisis. "Issuing a mortgage that is known to be based on false information and then selling it in the secondary market is fraud and punishable by time in jail," economist Dean Baker (Beat the Press, 9/13/13) noted, citing the Financial Crisis Inquiry Commission. "Packaging loans into mortgage backed securities that an investment bank has good reason to believe are based on false information is also fraud and punishable by time in jail." Former federal bailout inspector Neil Barofsky agrees we're not talking about a perhaps lamentable but inactionable "culture." Asked by NPR (7/26/13) about the no-actual-crime "narrative," Barofsky answered: "No. I think that there was a tremendous amount of fraud."
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  • We're told such calls come from the margins: That no "financial industry types" have been jailed is "a recurring theme among Occupy Wall Street protesters and some Democratic politicians" (Christian Science Monitor, 10/11/11) or "the Occupy Wall Street crowd" (New York Times, 3/1/13). People who believe bankers should go to jail are deflecting blame—from the people: "The real scandal," explained the Washington Post's Charles Lane ("Banks Aren't the Bad Guys," 11/18/13), was "Americans' shared, erroneous belief in ever-rising housing prices and corresponding mania to profit from them." And maybe they need to move on: "This all happened a really long time ago. What-ever happened to the statute of limitations?" the Washington Post (11/19/13) asked itself in a recent Q&A.
  • Certainly the problem extends beyond the actions of a few bigwigs. But people who say jailing industry executives should be the sole response exist only in pundits' minds. William Black, who advocates prison for industry executives (Moyers & Company, 9/17/13), pointed to structural reasons for a lack of prosecutions, including regulatory agencies' abandonment of key functions since the 1980s' Savings & Loan scandal. "When the regulators ceased making criminal referrals—which had nothing to with an end of crime, obviously; it just had to do with a refusal to be involved in the prosecutorial effort anymore—they doomed us to a disaster where we would not succeed." Others say revolving-door relationships between banks and their government watchdogs contribute to settlements that are too generous to serve as deterrents (LittleSis, 10/23/13). Even the historic $13 billion JP Morgan settlement winds up being less than meets the eye, as much of the fine is tax-deductible, $4 billion of it is part of an earlier settlement and much of the rest will take the form of mortgage relief that will help the bank in the long run (Salon, 11/20/13).
  • Paul Merrell on 05 Jan 14
     
    Fairness & Accuracy in Reporting weighs in on mainstream media's reluctance to call for banksters to be issued horizontal striped suits, noting that the excuses used ignore that there are real victims and that real crimes were comitted. 
Paul Merrell

NSA Spying Inspires ProtonMail 'End-to-End' Encrypted Email Service | NDTV Gadgets - 0 views

gadgets.ndtv.com/...encrypted-email-service-526769

surveillance state secure-email ProtonMail

shared by Paul Merrell on 20 May 14 - No Cached
  • ne new email service promising "end-to-end" encryption launched on Friday, and others are being developed while major services such as Google Gmail and Yahoo Mail have stepped up security measures.A major catalyst for email encryption were revelations about widespread online surveillance in documents leaked by Edward Snowden, the former National Security Agency contractor."A lot of people were upset with those revelations, and that coalesced into this effort," said Jason Stockman, a co-developer of ProtonMail, a new encrypted email service which launched Friday with collaboration of scientists from Harvard, the Massachusetts Institute of Technology and the European research lab CERN.Stockman said ProtonMail aims to be as user-friendly as the major commercial services, but with extra security, and with its servers located in Switzerland to make it more difficult for US law enforcement to access.
  • "Our vision is to make encryption and privacy mainstream by making it easy to use," Stockman told AFP. "There's no installation. Everything happens behind the scenes automatically."Even though email encryption using special codes or keys, a system known as PGP, has been around for two decades, "it was so complicated," and did not gain widespread adoption, Stockman said.After testing over the past few months, ProtonMail went public Friday using a "freemium" model a basic account will be free with some added features for a paid account.
  • As our users from China, Iran, Russia, and other countries around the world have shown us in the past months, ProtonMail is an important tool for freedom of speech and we are happy to finally be able to provide this to the whole world," the company said in a blog post.Google and Yahoo recently announced efforts to encrypt their email communications, but some specialists say the effort falls short."These big companies don't want to encrypt your stuff because they spy on you, too," said Bruce Schneier, a well-known cryptographer and author who is chief technology officer for CO3 Systems."Hopefully, the NSA debate is creating incentives for people to build more encryption."Stockman said that with services like Gmail, even if data is encrypted, "they have the key right next to it if you have the key and lock next to each other, so it's pretty much useless."
  • ...3 more annotations...
  • By locating in Switzerland, ProtonMail hopes to avoid the legal woes of services like Lavabit widely believed to be used by Snowden which shut down rather than hand over data to the US government, and which now faces a contempt of court order.Even if a Swiss court ordered data to be turned over, Stockman said, "we would hand over piles of encrypted data. We don't have a key. We never see the password."
  • Lavabit founder Ladar Levison meanwhile hopes to launch a new service with other developers in a coalition known as the "Dark Mail Alliance."Levison told AFP he hopes to have a new encrypted email system in testing within a few months and widely available later this year."The goal is to make it ubiquitous, so people don't have to turn it on," he said.But he added that the technical hurdles are formidable, because the more user-friendly the system becomes, "the more susceptible it is to a sophisticated attacker with fake or spoofed key information."Levison said he hopes Dark Mail will become a new open standard that can be adopted by other email services.
  • on Callas, a cryptographer who developed the PGP standard and later co-founded the secure communications firm Silent Circle, cited challenges in making a system that is both secure and ubiquitous."If you are a bank you have to have an email system that complies with banking regulations," Callas told AFP, which could allow, for example, certain emails to be subject to regulatory or court review."Many of the services on the Internet started with zero security. We want to start with a system that is totally secure and let people dial it down."The new email system would complement Silent Circle's existing secure messaging system and encrypted mobile phone, which was launched earlier this year."If we start competing for customers on the basis of maximum privacy, that's good for everybody," Callas said.
  • Paul Merrell on 20 May 14
     
    They're already so swamped that you have to reserve your user name and wait for an invite. They say they have to add servers. Web site is at https://protonmail.ch/ "ProtonMail works on all devices, including desktops, laptops, tablets, and smartphones. It's as simple as visiting our site and logging in. There are no plugins or apps to install - simply use your favorite web browser." "ProtonMail works on all devices, including desktops, laptops, tablets, and smartphones.
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