bureaucracybusters

Posts Tagged ‘NICCOLO MACHIAVELLI’

SUIICIDE BY COP: PART FOUR (END)

In Bureaucracy, History, Law Enforcement, Social commentary on July 31, 2015 at 12:10 am

By now, a second–and female–officer has arrived on the scene of the arrest of motorist Sandra Bland.

Bland: Make you feel real good for a female. Y’all strong, y’all real strong.

Encinia: I want you to wait right here.

Bland: I can’t go anywhere with your fucking knee in my back, duh!

Encinia: (to bystander): You need to leave! You need to leave!

(Bland continues screaming, but much of it is inaudible)

Encinia: For a warning you’re going to jail.

Bland: Whatever, whatever.

Encinia: You’re going to jail for resisting arrest. Stand up.

Bland: If I could, I can’t.

Encinia: OK, roll over.

Bland: I can’t even fucking feel my arms.

Encinia: Tuck your knee in, tuck your knee in.

Bland: (Crying): Goddamn. I can’t [muffled].

Encinia: Listen, listen. You’re going to sit up on your butt.

Bland: You just slammed my head into the ground and you do not even care …

[Bland has already told both officers that (1) she is an epileptic, and (2) Encinia slammed her head into the ground.  Now she is again putting them on notice that she could have sustained a traumatic brain injury.  But neither officer shows any concern.]

Related image

Sandra Bland’s jail booking photo

Encinia: Sit up on your butt.

Female officer: Listen to how he is telling you to get up.

Bland: I can’t even hear.

Female officer: Yes you can.

[After having her head slammed into the ground, Bland says she cannot hear.  Both officers should consider that the injury to her head may be serious–and take her to an emergency room for evaluation.]

Encinia: Sit up on your butt.

Bland: He slammed my fucking head into the ground.

Encinia: Sit up on your butt.

Bland: What the hell.

Encinia: Now stand up.

Bland: All of this for a traffic signal. I swear to God. All of this for a traffic signal. (To bystander.) Thank you for recording! Thank you! For a traffic signal — slam me into the ground and everything! Everything! I hope y’all feel good.

Encinia: This officer saw everything.

Female officer: I saw everything.

[Since the female officer was not present when Encinia initially encountered Bland–as the video proves–she could not have “seen everything.”  Her claiming to have done so could be seen as evidence that she intends to lie on Encinia’s behalf.]

Bland:  And (mufled) no you didn’t.  You didn’t see everything leading up to it.

Female Officer: I’m not talking to you.

Bland:  You don’t have to.

[This is the last exchange between Bland and the officers as recorded on the dashcam video of Brian Encinia’s police cruiser.]

* * * * *

Born in 1987, Sandra Bland grew up in Illinois, and lived with her family in suburban Chicago.

She graduated Willowbrook High School in Villa Park, Illinois, where she ran track and played volleyball.  She was also a varsity cheerleader and part of the marching band.

She then attended Prairie View A&M University outside Hempstead, Waller County, Texas. She graduated in 2009 with a degree in agriculture.

Bland returned to Illinois in 2009.

In January 2015, she began posting videos on Facebook about police brutality against blacks.

In early July she traveled to Waller County, Texas, to begin a job at her alma mater, Prairie View A&M.

In one of her last conversations with her mother, Geneva Reed-Veal, Bland said:

“Momma, now I know what my purpose is. My purpose is to go back to Texas. My purpose is to stop all social injustice in the South.”

On July 13–three days after her arrest on July 10–Bland was found dead in her cell in Waller County Jail in Hempstead, Texas.

Sandra Bland memorial

Police claimed that she had hanged herself, citing a video she posted in Facebook in March, where Bland stated she was depressed.

Cannon Lambert, an attorney for the Bland family, said that at the time of Bland’s death, her relatives were raising money for Bland’s $5,000 bail.  And Bland knew it.

“We don’t understand this,” said Lambert. “It doesn’t make sense.”

The Texas Rangers and the FBI are still investigating Bland’s death.

The Harris County medical examiner conducted an autopsy and ruled her death a suicide, claiming that it found no evidence of a violent struggle.

One possibility: Bland came to Texas to “stop all social injustice in the South.” She may have grown fatally depressed at her inability to “save herself” from jail over a simple traffic violation.

Another possibility: Texas authorities may have indulged in a long-cherished Texas tradition, best explained by a 19th-century Texas Ranger named Samuel Reid.

Reid served as a Ranger scout during the Mexican War (1846-1848).  Recalling his experiences south of the border, he wrote:

Our orders were most strict not to molest any unarmed Mexican.

“And if some of the most notorious of these villians were found shot, or hung up in the chaparral…the [United States] government was charitably bound to suppose that, during a fit of remorse and desperation, tortured by conscience for the many evil deeds they had committed, they had recklessly laid violent hands upon their own lives!  Quien sabe?”  

Meanwhile, Brian Encinia has been placed on administrative duties after the state Department of Public Safety found “violations of procedures regarding traffic stops and the department’s courtesy policy.”

SUICIDE BY COP: PART THREE (OF FOUR)

In Bureaucracy, History, Law Enforcement, Social commentary on July 30, 2015 at 1:02 am

The confrontation between black motorist Sandra Bland and Texas State Trooper Brian Encinia continued to worsen.

Encinia: If you would’ve just listened.

Bland: I was trying to sign the fucking ticket — whatever.

Encinia: Stop moving!

Bland: Are you fucking serious?

Encinia: Stop moving!

Bland: Oh I can’t wait ’til we go to court. Ooh I can’t wait. I cannot wait ’til we go to court. I can’t wait. Oh I can’t wait! You want me to sit down now?

Encinia: No.

Bland: Or are you going to throw me to the floor? That would make you feel better about yourself?

[Bland continues to attack Encinia’s masculinity–almost as if she’s daring him to rough her up.  If he wasn’t thinking of throwing her to the floor, she just gave him the idea.]

Sandra Bland voicemail from jail

Encinia: Knock it off!

Bland: Nah that would make you feel better about yourself. That would make you feel real good wouldn’t it? Pussy ass. Fucking pussy. For a failure to signal you’re doing all of this. In little ass Praire View, Texas. My God they must have …

[Niccolo Machiavelli, in his masterwork, The Discourses, offers this cautionary advice: “I hold it to be a proof of great prudence for men to abstain from threats and insulting words toward any one, for neither the one or the other in any way diminishes the strength of the enemy.

[“(Contempt) make(s) him more cautious, and (insults) increase his hatred of you, and make him more persevering in his efforts to injure you.”

[That’s clearly what happened here.]

Encinia: You were getting a warning, until now you’re going to jail.

Bland: I’m getting a — for what? For what?

Encinia: You can come read.

Bland: I’m getting a warning for what? For what!?

Encinia: Stay right here.

Bland: Well you just pointed me over there! Get your mind right.

Encinia: I said stay over here. Stay over here.

Bland: Ooh I swear on my life, y’all are some pussies. A pussy-ass cop, for a fucking signal you’re gonna take me to jail.

[Again, Bland is essentially daring Encinia–who has total control of her–to physically abuse her.  For her own sake, the smart thing to do would be to shut up.]

Encinia (to dispatch, or an officer arriving on scene): I got her in control she’s in some handcuffs.

Bland: For a fucking ticket. What a pussy. What a pussy. You’re about to break my fucking wrist!

Encinia: Stop moving.

Bland: I’m standing still! You keep moving me, goddammit.

Encinia: Stay right here. Stand right there.

Bland: Don’t touch me. Fucking pussy  — for a traffic ticket (inaudible).

(door slams)

[Again: More profanity–and yet another challenge to Encinia’s masculinity.]

Related image

Sandra Bland was an activist in the Black Lives Matter movement

Encinia: Come read right over here. This right here says ‘a warning.’ You started creating the problems.

Bland: You asked me what was wrong!

Encinia: Do you have anything on your person that’s illegal?

Bland: Do I feel like I have anything on me? This a fucking maxi dress.

Encinia: I’m going to remove your glasses.

Bland: This a maxi dress. (Inaudible) Fucking assholes.

Encinia: Come over here.

Bland: You about to break my wrist. Can you stop? You’re about to fucking break my wrist! Stop!!!

Encinia: Stop now! Stop it! If you would stop resisting.

Female officer: Stop resisting ma’am.

[Even if Bland is not resisting, the testimony of a second officer who says she is could have been used against her in court.]

Bland: (cries) For a fucking traffic ticket, you are such a pussy. You are such a pussy.

[Is Bland referring to Encinia or the female officer?  In either case, such language will do her no good–on the street or in court.]

Female officer: No, you are. You should not be fighting.

Encinia: Get on the ground!

Bland: For a traffic signal!

Encinia: You are yanking around, when you pull away from me, you’re resisting arrest.

Bland: Don’t it make you feel real good don’t it? A female for a traffic ticket. Don’t it make you feel good Officer Encinia? You’re a real man now. You just slammed me, knocked my head into the ground. I got epilepsy, you motherfucker.

[By stating she is epileptic, Bland has notified both officers that she could be in danger of a potentially lethal seizure at any moment.  The smart move for the police would have been to rush her to a hospital for an emergency checkup.  But they don’t even talk about doing this.]  

Encinia: Good. Good.

Bland: Good? Good?

Female officer: You should have thought about it before you started resisting.

[The female officer has just confimed–perhaps unintentionally–that her partner slammed Bland’s head into the ground.  She has also demonstrated her own indifference to Bland’s having received a potentially life-threatening injury.]

Bland: Make you feel real good for a female. Y’all strong, y’all real strong.

Encinia: I want you to wait right here.

Bland: I can’t go anywhere with your fucking knee in my back, duh!

Encinia: (to bystander): You need to leave! You need to leave!

[Although the bystander is not interfering in any way with the arrest, Encinia clearly does not want a non-cop witness to his treatment of Bland.] 

SUICIDE BY COP: PART TWO (OF FOUR)

In Bureaucracy, History, Law Enforcement, Social commentary on July 29, 2015 at 12:17 am

There are some useful lessons to be learned from the arrest of Sandra Bland.

Lessons about how a police officer should behave toward the public.  And lessons about how the public can protect themselves from police abuse.

On July 10, Texas State Trooper Brian Encinia stopped black motorist Sandra Bland for failing to signal a lane change.

The confrontation quickly escalated to unwarranted aggression and threats by Encinia and foul-mouthed, combative behavior by Bland.

Brian Encinia: I’m going to yank you out of here.

Sandra Bland: OK, you’re going to yank me out of my car? OK, alright.

Encinia (calling in backup):  2547.

Bland: Let’s do this.

Encinia: Yeah, we’re going to.  (Grabs for Bland.)

Bland: Don’t touch me!

[Although Encinia is clearly angry, Bland’s refusal to exit her car was technically “resisting arrest.”  This was a charge to be fought–in court–by her attorney, not–on the street–by Bland.]

Encinia: Get out of the car!

Bland: Don’t touch me. Don’t touch me! I’m not under arrest–you don’t have the right to take me out of the car.

Encinia: You are under arrest!

[Once the officer says, “You are under arrest,” legally, that’s it. The arrest can be challenged later–in court.  And it may be found unwarranted–in court. But it’s useless and even dangerous to dispute a cop’s right to make an arrest on the street.]

Related image

Brian Encinia

Bland: I’m under arrest? For what? For what? For what?

Encinia (to dispatch): 2547 county fm 1098 (inaudible) send me another unit. (To Bland) Get out of the car! Get out of the car now!

Bland: Why am I being apprehended? You’re trying to give me a ticket for failure….

Encinia: I said get out of the car!

Bland: Why am I being apprehended? You just opened my–

Encinia: I‘m giving you a lawful order. I’m going to drag you out of here.

Bland: So you’re threatening to drag me out of my own car?

Encinia: Get out of the car!

Bland: And then you’re going to [crosstalk] me?

Encinia: I will light you up! Get out! Now!   (Draws stun gun and points it at Bland.)

Bland: Wow. Wow.  (Bland exits car.)

Related image

Brian Encinia aiming a Taser at Sandra Bland

Encinia: Get out. Now. Get out of the car!

Bland: For a failure to signal? You’re doing all of this for a failure to signal?

Encinia: Get over there.

Bland:  Right, yeah, let’s take this to court, let’s do this.

Encinia:  Go ahead.

Bland: For a failure to signal? Yup, for a failure to signal!

Encinia: Get off the phone!

Bland: (crosstalk)

Encinia: Get off the phone! Put your phone down!

Bland: I’m not on the phone. I have a right to record. This is my property. Sir?

Encinia: Put your phone down right now. Put your phone down!

(Bland slams phone down on her trunk.)

Bland: For a fucking failure to signal. My goodness. Y’all are interesting. Very interesting.

[Profanity is never helpful in a situation like this–and usually leads to further escalation.  And when the case comes to trial, it’s likely to convince a jury: “She got what she deserved.”]

Encinia: Come over here. Come over here now.

Bland: You feelin’ good about yourself?

Encinia: Stand right here. Stand right there.

Bland: You feelin’ good about yourself? For a failure to signal? You feel real good about yourself don’t you? You feel good about yourself don’t you?

[Bland would have been well-advised to remain silent–and refrain from personal attacks on a man who’s clearly shown himself over the edge.]

Encinia: Turn around. Turn around. Turn around now. Put your hands behind your back.

Bland: Why am I being arrested?

Encinia: Turn around.

Bland: Why can’t you–

Encinia: I’m giving you a lawful order. I will tell you–

Bland: Why am I being arrested?

Encinia: Turn around!

[Obviously, if Bland were complying with the order to “turn around,” Encinia would not be repeating it.]

Bland: Why won’t you tell me that part?

Encinia: I’m giving you a lawful order. Turn around.

Bland: Why will you not tell me what’s going on?

Encinia: You are not complying.

Bland: I’m not complying ’cause you just pulled me out of my car.

[Bland admits that she’s “not complying.” Had she lived, this could have been used against her in court.]

Encinia: Turn around.

Bland: Are you fucking kidding me? This is some bull…

Encinia: Put your hands behind your back.

Bland: ‘Cause you know this straight bullshit. And you’re full of shit. Full of straight shit. That’s all y’all are is some straight scared cops. South Carolina got y’all bitch asses scared. That’s all it is. Fucking scared of a female.

[Bland is directly challenging the masculinity of a man who clearly feels he has something to prove.  Big mistake.]

SUICIDE BY COP: PART ONE (OF FOUR)

In Bureaucracy, History, Law Enforcement, Social commentary, Uncategorized on July 28, 2015 at 12:51 am

Niccolo Machiavelli offered some advice that might have saved the life of Sandra Bland.

In 1513, Niccolo Machiavelli, the Florentine statesman who has been called the father of modern political science, published his best-known work: The Prince.

Related image

Niccolo Machiavelli

Among the lessons he offered to those seeking to gain power was this:

A prince…must imitate the fox and the lion, for the lion cannot protect himself from traps, and the fox cannot defend himself from wolves.

One must therefore be a fox to avoid traps, and a lion to frighten wolves. Those who wish to be only lions do not realize this. 

When confronted by an armed and–in this case, egocentric–law enforcement officer, it’s always best to imitate the fox.

Black motorist Sandra Bland didn’t understand this truth.  Or, if she did, she flagrantly ignored it–to her own destruction.

Sandra Bland

Sandra Bland

Bland, born in the Chicago suburb of Naperville, Illinois, had just arrived in Texas to take a job at Prairie View A&M University, outside Hempstead, Waller County.

In January, 2015, she began posting videos on Facebook, denouncing racism and police brutality.  In one she wrote: “In the news that we’ve seen as of late, you could stand there, surrender to the cops, and still be killed.”

On July 10, Bland was pulled over for a minor traffic violation by Texas State Trooper Brian Encinia.

FULL VIDEO OF SANDRA BLAND TRAFFIC STOP – YouTube

Their exchange was recorded on the dashcam video of Encinia’s police car, and has been transcribed by the Huffington Post’s Matt Ramos and Dhyana Taylor.

My own commentary on what happened is given in blue italics.

Brian Encinia: Hello ma’am. We’re the Texas Highway Patrol and the reason for your stop is because you failed to signal the lane change. Do you have your driver’s license and registration with you? What’s wrong? How long have you been in Texas?

Sandra Bland: Got here just today.

Encinia: OK. Do you have a driver’s license? (Pause) OK, where you headed to now? Give me a few minutes.

(Bland inaudible)

(Encinia returns to his car for several minutes, then approaches Bland again.)

Encinia: OK, ma’am.  You OK?

Bland: I’m waiting on you. This is your job. I’m waiting on you. When’re you going to let me go?

[A better–that is, safer–answer would have been: “I’m fine.”  And then to say nothing until the officer responds.]

Encinia: I don’t know, you seem very really irritated.

Bland: I am. I really am. I feel like it’s crap what I’m getting a ticket for. I was getting out of your way. You were speeding up, tailing me, so I move over and you stop me. So yeah, I am a little irritated, but that doesn’t stop you from giving me a ticket, so [inaudible] ticket.

[Bland may have been correct.  But accusing the officer of improperly stopping her was a mistake from the get-go. No cop is going to admit he made a mistake in stopping someone–especially a cop as clearly aggressive as Encinia quickly proved to be.]

Encinia: Are you done?

Bland: You asked me what was wrong, now I told you.

Encinia: OK.

Bland: So now I’m done, yeah.

Encinia: You mind putting out your cigarette, please? If you don’t mind?

Bland: I’m in my car, why do I have to put out my cigarette?

[The smart thing would have been to put out the cigarette. Even though the trooper said “please,” this was clearly an order.]

Encinia: Well you can step on out now.

[This was clearly the point where Encinia decided to take action–to give her a warning, a ticket, or make an arrest  For most of the encounter, he doesn’t say which.]

Bland: I don’t have to step out of my car.

Encinia: Step out of the car.

Bland: Why am I–?

Encinia: Step out of the car!

[It’s standard procedure for officers to order drivers to exit their cars before they write tickets or citations. The reason: The danger that the motorist might drive off–or even use the car as a weapon.]

Bland: No, you don’t have the right. No, you don’t have the right.

[Telling a policeman he doesn’t have the right to make an arrest is like telling a judge he doesn’t have the right to make a ruling.  Both are certain to land you in trouble.]

Encinia: Step out of the car.

Bland: You do not have the right. You do not have the right to do this.

Encinia: I do have the right, now step out or I will remove you.

[Even if the officer’s forthcoming actions are later ruled improper by a judge, he has the legal right at that time to enforce compliance with his orders.]

Bland: I refuse to talk to you other than to identify myself. [crosstalk] I am getting removed for a failure to signal?

Encinia: Step out or I will remove you. I’m giving you a lawful order.  Get out of the car now or I’m going to remove you.

Bland: And I’m calling my lawyer.

[Bland would have done better to simply get out of the car, submit to arrest, and then call her lawyer when she reached the police station.]

BENEDICT ARNOLD–CAPITALIST HERO: PART FOUR (END)

In Bureaucracy, Business, History, Politics, Social commentary on June 2, 2015 at 12:01 am

Niccolo Machiavelli, the father of modern politics, warns in his masterwork, The Discourses:

All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it.

If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. But time, which has been said to be the father of all truth, does not fail to bring it to light.

Niccolo Machiavelli

Where the crimes of corporate employers are concerned, we do not have to wait for their evil disposition to reveal itself. It has been fully revealed for decades.

It’s time to recognize that a country can be betrayed for other than political reasons.  It can be sold out for economic ones, too.

Trea$on

The United States desperately needs a new definition of treason–one that takes the above-mentioned truth into account.

  • Employers who set up offshore accounts to claim their American companies are foreign-owned—and thus exempt from taxes—are traitors.
  • Employers who enrich themselves by weakening their country—by throwing millions of qualified workers into the street and moving their plants to other countries—are traitors.
  • Employers who systematically violate Federal immigration laws—to hire illegal aliens instead of willing-to-work Americans—are traitors.

And with a new definition of treason should go new penalties–heavy fines and/or prison terms–for those who sell out their country to enrich themselves.

A starting-point must be an all-out campaign to educate voters on the need for major reforms in corporate law.

One non-profit, non-partisan organization that’s already pursuing this is Public Campaign.

Its goal: Eliminating special interest money in American politics by securing publicly-funded elections at local, state and federal levels.

According to its website:

“Twenty-five profitable Fortune 500 companies, some with a history of tax dodging, spent more on lobbying than they paid in federal taxes between 2008 and 2012….

“Over the past five years, these 25 corporations generated nearly $170 billion in combined profits and received $8.7 billion in tax rebates while paying their lobbyists over half a billion ($543 million), an average of nearly $300,000 a day.

“Based on newly released data by Citizens for Tax Justice (CTJ), these 25 companies actually received tax refunds overall those five years.

“So most individual American families and small businesses have bigger tax bills than these corporate giants. Unfortunately, most American families and businesses do not have the lobbying operation and access these 25 companies enjoy.”

25 Companies That Spent More On Lobbyists Than Taxes | Public Campaign

Then comes the list:

Several companies on this list are well-known–and spend millions of dollars on self-glorifying ads every year to convince consumers how wonderful they are.

Among these:

  • General Electric
  • PG&E Corp.
  • Verizon Communications
  • Boeing
  • Consolidated Edison
  • MetroPCS Communications

But non-profit organizations alone can’t mount and sustain the sort of nationwide, bluntly-worded educational effort that’s long overdue.

The United States Government–through such agencies as the Justice Department–should start and maintain a nationwide advertising campaign of its own.  Its goal: To educate voters on the real-life greed and public irresponsibility of such corporations.

It should be modeled on the efforts of former Attorney General Robert F. Kennedy to  publicize the dangers of organized crime.

During that campaign, he issued the following warning:

“If we do not, on a national scale, attack organized criminals with weapons and techniques as effective as their own, they will destroy us.”

That warning applies equally to criminal corporations.

Robert F. Kennedy

Republicans–and some Democrats–have worked tirelessly to defend the greed of the richest and most privileged 1% of America.

For example, they ingeniously dubbed the estate tax–-which affects only a tiny, rich minority–-“the death tax.”  This makes it appear to affect everyone.

As a result, millions of poor and middle-class Americans who will never have to pay a cent in estate taxes vigorously oppose it.

By doing so, they unknowingly support the greed of the very richest Americans who despise the needs of those poorer than themselves.

Democrats should thus cast reform efforts in terms that will prove equally popular.  For example:

“Corporate Criminals: Giving You the Best Congress Money Can Buy.”

“De-regulation = Let Criminals Be Criminals.”

“[Name of corporation] Pays a Lower Percentage in Taxes than You.”

“Corporations Are Greedy People, Too” 

“Owning a Corporation Shuldn’t Be a License for Treason”

Such an advertising campaign could lay the groundwork for an all-out Federal effort to reign in that greed and irresponsibility thrugh appropriate reform legislation.

It was Stephen Decatur, the naval hero of the War of 1812, who famously said: “Our country, right or wrong.”

Stephen Decatur

Billionaire tax-cheats and their Right-wing allies have coined their own motto: “My wallet–first and always.”

BENEDICT ARNOLD–CAPITALIST HERO: PART THREE (OF FOUR)

In Bureaucracy, Business, History, Politics, Social commentary on June 1, 2015 at 12:54 am

The British offered Revolutionary War General Benedict Arnold £20,000 for betraying West Point to the Crown.

Benedict Arnold

But Arnold was a piker compared to companies that are raking in literally billions of untaxed dollars by betraying the United States in its time of economic trial.

To avoid paying their legitimate share of taxes, they move their headquarters overseas to countries with reduced tax rates. In tax parlance, this is called an “inversion.”

For almost 20 years, tax-avoiding corporations fled to Caribbean countries such as Bermuda and the Cayman Islands. But in 2004, Congress ruled that American companies could relocate overseas if foreign shareholders owned 20% of their stock.

But increased media attention to “income inequality” has led Democratic lawmakers to press for a long-overdue reform: Raising the stock threshold to 50%.

This would make it harder for firms to abandon their country.

These are the companies abandoning the U.S. to dodge taxes – The Washington Post

Yet a more comprehensive reform package would include:

  • American companies that move their headquarters out of the United States would be officially declared “agents of a foreign power engaged in treasonous activity against the United States.”
  • Under this designation, these “foreign-owned” companies would be forbidden to sell products within the United States.
  • As “agents of a foreign power,” their assets would be subject to confiscation by agents of the Internal Revenue Service.
  • The citizenship of those Americans engaged in such treasonous activity would be revoked and they would be ordered to leave the United States on pain of criminal prosecution for treason.

Below is a chart compiled by the Ways and Means Committee Democrats of the U.S. House of Representatives.  It compiles 47 corporate “inversions” within the last decade.

From the chart’s introduction:

“Forty-seven U.S. corporations have reincorporated overseas through corporate inversions in the last 10 years, far more than during the previous 20 years combined, according to new data compiled by the Congressional Research Service [CRS].

“In total, 75 U.S. corporations have inverted since 1994 – with one other inversion occurring in 1983. What’s more, there are a dozen prospective inversion deals involving U.S. corporations looking to reincorporate overseas, according to CRS

“The new data underscores the significant increase in the number of U.S. corporations that have or are seeking to lower their U.S. taxes by reincorporating overseas.

“It also adds urgency to a legislative solution. Ways and Means Committee Ranking Member Sander Levin in May introduced legislation that would tighten rules to limit inversions.

“The Joint Committee on Taxation estimates that the legislation would save $19.5 billion over 10 years. Companion legislation was introduced in the Senate by Sen. Carl Levin.

“‘Barely a week seems to pass without news that another corporation plans to move its address overseas simply to avoid paying its fair share of U.S. taxes,’” said Ranking Member Levin.

“These corporate inversions are costing the U.S. billions of dollars and undermining vital domestic interests.

“‘We can and should address this problem immediately through legislation to tighten rules to limit the ability of corporations to simply change their address and ship U.S. tax dollars overseas.’”

New CRS Data: 47 Corporate Inversions in Last Decade | Committee on Ways and Means

Among those companies that have chosen to betray their country in its time of economic need:

  • Medtronic Pharmaceuticals.  Revenues: $16.5 billion
  • Perrigo/Elan Pharmaceuticals.  Revenues: $3.5 billion
  • Chiquita Brands.  Revenues: $3 billion
  • Liberty Global PLC Cable Company.  Revenues: $17.3 billion
  • Eaton/Cooper Power Management.  Revenues: $22 billion
  • Pentair Water Filtration.  Revenues: $7.5 billion
  • AON Insurance.  Revenues: $11.8 billion
  • Global Indemnity Insurance.  Revenues: $319 billion
  • ENSCO International (oil and gas drilling).  Revenues: $4.9 billion
  • Coviden Healthcare.  Revenues: $10.2 billion
  • Herbalife International (nutrition).  Revenues:  $4.8 billion
  • Ingersoll-Rand (industrial manufacturer).  Revenues: $12.3 billion
  • Accenture Consulting.  Revenues: $28.6 billion
  • Seagate Technology.  Revenues: $14.4 billion
  • Tycho International (manufacturing).  Revenues: $10.6 billion
  • Chicago Bridge & Iron.  Revenues: $11.1 billion
  • Transocean (offshore oil drilling).  Revenues: $9.4 billion
  • White Mountain Insurance.  Revenues: $2.3 billion

The most popular countries for these “inversions” are:

  • The Cayman Islands
  • Bermuda
  • Canada
  • United Kingdom
  • Ireland
  • Switzerland
  • Netherlands

BENEDICT ARNOLD–CAPITALIST HERO: PART TWO (OF FOUR)

In Bureaucracy, Business, History, Politics, Social commentary on May 29, 2015 at 12:08 am

On May 13, 2012, Forbes magazine ran an Op-Ed piece under the headline: “For De-Friending The U.S., Facebook’s Eduardo Saverin Is an American Hero.”

Democratic Senator Chuck Schumer of New York angrily disagreed.

Chuck Shumer

“It is scary. It is a scary, absurd place where even a tax dodger who renounces America for his own 30 pieces of silver is celebrated as a patriot and an American hero.

“It is perverse. I am appalled by making heroic a man who renounces citizenship to escape a tax rate of capital gains of 15%.

“No one gets rich in America on their own,” Schumer said. “And when people do well in America, they should do well by America. I believe the vast majority of Americans believe this too.”

From that Op-Ed piece:

“Saverin’s flight from the U.S. is yet another reminder of the superiority of a national consumption tax that in a perfect world would be implemented in concert with the abolition of the I.R.S.”

It’s tempting to imagine a world without an agency to collect taxes. But it’s nightmarish to contemplate a world where there were no taxes to pay for

  • a powerful military to protect us;
  • an FBI to combat terrorism and organized crime;
  • an FAA to safely regulate airline traffic;
  • agencies to repair roads;
  • agencies to erect public buildings (such as schools, courts and libraries) and
  • agencies (such as the EPA and FDA) to protect us from predatory businessmen.

The Op-Ed piece further asserts that “you cannot limit the power of the Federal Government if its officials hold the power to tax incomes.”

Every nation in history–-whether a democracy or a dictatorship, whether capitalist, socialist or communist–-has understood the absolute necessity for collecting public revenues. And it has created means by which to do so.

“When individuals resist governmental hubris, we should exalt their actions.”

We should, in short, celebrate those who come to the United States to make fortunes they could not make anywhere else–-and then, when they do, turn their backs on their adopted country.

We should rejoice that they have stuffed billions of dollars more into their already-fat pockets and left their supposed fellow countrymen to shift for themselves.

“In an ideal world the Federal Government should implement a consumption tax.  And if, as a result, poor people suffer because they’re taxed at the same level as rich ones, fine. 

“Everyone should know how much it costs to run the government.”

Of course we should have a “regressive” tax that “hits low incomes at the same percentage as high ones.”  

Of course, those who are barely able to feed their families or can’t afford medical care should pay as much in taxes as a rich parasite who, like Mitt Romney, throws out $10,000 bets like so many dimes.

“If the Federal Government can’t fund all its programs because rich people like Saverin refuse to pay taxes, then U.S. taxpayers generally will have to make good for the missing taxes.  It’s the fault of Congress that ir cannot put an end to any program.”

For billionaires like Saverin and the well-heeled types who subscribe to Forbes, it doesn’t matter that “fewer government programs will achieve funding.”

Greed-obsessed “swells” like Saverin:

  • don’t depend on Medicare–they can easily afford the best doctors money can buy;
  • don’t have to depend on Social Security to see them through old age;
  • don’t have to worry about standing in food bank lines;
  • don’t need to rely on police departments–if they’re threatened, they can easily afford round-the-clock bodyguards;
  • don’t need consume protection agencies; if they’re victimized by unscrupulous businessmen, they can hire platoons of lawyers and private detectives.

A contemporary writer who warned of America’s abandonment by its privileged classes was Christopher Lasch.  In his posthumously published last book, The Revolt of the Elites and the Betrayal of Democracy [2005] he wrote:

The Revolt Of The Elites And The Betrayal Of Democracy

“There has always been a privileged class, even in America. But it has never been so dangerously isolated from its surroundings.

“George Bush’s [the president who served from 1989 to 1992] wonderment, when he saw for the first time an electronic scanning device at a supermarket checkout counter, revealed…the chasm that divides the privileged classes from the rest of the nation.”

Until recently, wrote Lasch, American cultural and economic elites willingly shouldered civic responsibilities.  But in post-modern capitalism, a professional elite defines itself as entirely separate from civic concerns.

The new elites flourish through enterprises that operate across international borders.  The rich in America have more in common with the fellows in Europe or Asia than with the vast majority of their fellow Americans who don’t share their comfortable surroundings.

Thus, the privileged class in America–-the top 1%–has separated itself from the crumbling public services and industrial cities that are used and lived in by the rest of the country’s citizens.

Even worse, our society has condoned their exalted status. The dust jacket blurb for James Patterson’s crime-thriller, NYPD Red, says it best:

“NYPD Red is a special task force charged with protecting the interests of Manhattan’s wealthiest and most powerful citizens.”

It’s time to protect the 99% of America’s citizens against the predations of its 1% wealthiest.

BENEDICT ARNOLD–CAPITALIST HERO: PART ONE (OF FOUR)

In Bureaucracy, Business, History, Politics, Social commentary on May 28, 2015 at 12:28 am

On May 15, 2012, Facebook co-founder Eduardo Saverin renounced his U.S. citizenship.

Born in Brazil, the 30-year-old Saverin became a U.S. citizen in 1998 but had lived in Singapore since 2009.

Eduardo Saverin 

Giving up his citizenship allowed him to avoid paying taxes on billions of dollars on capital gains when Facebook launched its IPO on May 18, 2012.  Singapore does not have a capital gains tax.

And America’s fascist Right couldn’t have been happier.

Take Rush Limbaugh, the right-wing talk-show host.  The Rush Limbaugh Show airs throughout the U.S. on over 400 stations and is the highest-rated talk-radio program in the United States.

When Limbaugh speaks, his “dittohead” audience listens—and acts as he decrees.

Rush Limbaugh

“So if it’s a more favorable tax haven that you can find elsewhere and you go there,” asked Limbaugh, “why is it automatically that you are unpatriotic?

“Why is it automatically that you are a coward, that you are not paying your fair share? It’s this whole class envy thing rearing its head again.”

For Limbaugh, the villain isn’t a billionaire who turns his back on the country that gave him the opportunity to become one.  No, the villain lies in those who believe that even wealthy businessmen should behave like patriots–instead of parasites.

“But [Barack Obama is] out there demonizing successful people every day,” said Limbaugh, “targeting successful people every day, running a presidential campaign based on class warfare, trying to get the 99% of the country who are not in the top 1% to hate the 1%, to literally despise ’em.”

Consider the implications of this:

On November 1, 2011, Forbes magazine reported that, in 2007, the richest 1% of the American population owned 34.6% of the country’s total wealth, and the next 19% owned 50.5%.

Thus, the top 20% of Americans owned 85% of the country’s wealth and the bottom 80% of the population owned 15%.

According to Limbaugh’s philosophy, the bottom 80% of the popularion owning 15% of the country’s wealth should pay homage to the top 20% of Americans who own 85% of the country’s wealth.

In short, they should “know their place” and not expect the moneyed few to pay their fair share of taxes.

Of course, this is to be expected of Limbaughwhose own wealth makes him a multi-millionaireIn 2001, U.S. News & World Report noted that Limbaugh had an eight-year contract, with Clear Channel Communications, for $31.25 million a year.

And according to a July 2, 2008, Matt Drudge column, Limbaugh signed a contract extension through 2016 that is worth over $400 million.

And Limbaugh wasn’t alone in his praise for Saverin.

Another right-winger who defends those who run out on their country is anti-tax activist Grover Norquist.

On May 7, 2012, two Democratic Senators—Chuck Schumer of New York and Bob Casey of Pennsylvania—introduced legislation designed to tax expatriates even after they have left the country.

Their “Ex-PATRIOT Act” would impose a mandatory 30% tax on American investments for those who renounce their citizenship and would also prohibit individuals like Saverin from re-entering the country.

“Saverin has turned his back from the country that welcomed him, kept him safe, educated him and helped him become a billionaire,” Schumer said at a press conference. He added that it was time to “de-friend” the Facebook co-founder.

Norquist, the president of Americans for Tax Reform (ATF) said the targeting people that turn in their passports reminded him of regimes that had driven people out of the country, only to confiscate their wealth at the door.

Grover Norquist

“I think Schumer can probably find the legislation to do this,” said Norquist. “It existed in Germany in the 1930s and Rhodesia in the ’70s and in South Africa as well. He probably just plagiarized it and translated it from the original German.”

On the floor of the Senate, Schumer denounced Norquist in return:

“I know a thing or two about what the Nazis did. Some of my relatives were killed by them.

“Saying that a person who made their fortune specifically because of the positive elements in American society, in turn, has a responsibility to do right by America is not even on the same planet as comparing to what Nazis did to Jews.”

Chuck Schumer

Schumer added that he found it troubling that conservatives would lionize someone like Saverin, who was called “an American hero” by Forbes magazine.

On May 13, 2012, Forbes–which describes itself as “The Capitalist Tool”–had run an Op-Ed piece under the headline: “For De-Friending The U.S., Facebook’s Eduardo Saverin Is an American Hero.”

“Can you believe it?” asked Schumer.  “An American hero? Renouncing your citizenship now qualifies as heroic for the hard right-wing?”

“This has gone so far, this idolatry they have taken to such an extreme end, they make Eduardo Saverin into their patron saint.  In the name of low taxes for the wealthy, they have lionized an inherently unpatriotic person.”

“SCARFACE” REVISITED

In Bureaucracy, History, Law, Law Enforcement, Social commentary on May 19, 2015 at 2:55 pm

It’s a scene familiar to anyone who’s seen Scarface, the 1983 classic starring Al Pacino as a Cuban drug dealer who makes it big in the cocaine business.

Tony Montana (Pacino) is holding curt in his Florida estate.  His visitor is a WASP-ish banker.

Bankers as a rule don’t make house calls. But Tony is no ordinary customer–his men literally haul bags full of bills into the bank when making deposits.

Except that now the banker has some unpleasant news for Tony:

We’re not a wholesale operation.  We’re a legitimate bank.  The more cash you give me……the harder it is for me to rinse.

“The fact is I can’t take any more of your money unless I raise the rates on you.”

TONY: You gonna raise…

BANKER: I gotta do it.

BANKER: The IRS is coming…

TONY:  Don’t give me that shit! Let’s talk.  I’m talking.  I go low, you go high.  I know the game.  This is business talk.

BANKER:  Let me explain something.  The IRS is coming down heavy on South Florida.  There was a Time magazine story that didn’t help. 

There’s a recession. I got stockholders I got to be responsible for.  I got to do it, Tony.

Tony Montana’s personal banker gives him some bad news

TONY: We’ll go somewhere else.  That’s it.   

BANKER:  There’s no place else to go.

TONY: Fuck you, man! Fuck you! I’ll fly the cash myself to the Bahamas.

BANKER: Once maybe. Then what?  You’ll trust some monkey in a Bahamian bank with millions of your hard-earned dollars? 

Come on, Tony. Don’t be a schmuck. Who else can you trust? That’s why you pay us what you do. You trust us.

Stay with us. You’re a well-liked customer. You’re in good hands with us.

(At this point, movie audiences burst into laughter.  The line, “You’re in good hands with us” seemed directly lifted from the slogan used by Allstate Insurance: “You’re in good hands with Allstate.”)

Now, fast forward to 2014.

A Reuters news story dated May 21, 2014 noted that investigators from the Federal Securities and Exchange Commission (SEC) were probing Charles Schwab and Bank of America Corporations Merrill Lynch brokerage.

The SEC wants to determine if these brokerages violated anti-money laundering rules that require financial institutions to know their customers.

Broker-dealers are required to establish, document and identify customers and verify their identities in compliance with the Bank Secrecy Act.

In 2012, David Cohen, the U.S. Treasury Undersecretary for Terrorism and Financial Intelligence David Cohen, ordered regulators to guarantee that financial institutions are identifying the true beneficial owners of their accounts.

The reason: Drug cartels and terrorist groups have become highly creative in hiding and transferring their illegal funds.

According to sources close to the investigation, Charles Schwab and Merrill accepted shell companies and persons with phony addresses as clients.

In both cases, some of the accounts were eventually linked to drug cartels.  Some of those accounts held hundreds of thousands of dollars; others held millions.

A Texas rancher and Charles Schwab client transferred money to a holding company that was actually a shell company.

Most of the Schwab clients being investigated lived near the Mexican border. Some were linked to Mexican drug cartels.

Click here: Exclusive: SEC probes Schwab, Merrill, for anti-money laundering violations – sources | Reuters

No further stories could be found on the Internet to update the progress of these investigations.

In fact, the government should have assumed long ago that brokerage companies were engaging in such behavior.

As Niccolo Machiavelli warned in The Discourses, his landmark book on how to preserve freedom within a republic:

All those who have written upon civil institutions demonstrate…that whoever desires to found a state and give it laws, must start with assuming that all men are bad and ever ready to display their vicious nature, whenever they may find occasion for it. 

If their evil disposition remains concealed for a time, it must be attributed to some unknown reason; and we must assume that it lacked occasion to show itself. 

But time, which has been said to be the father of all truth, does not fail to bring it to light.

Niccolo Machiavelli

Whenever the creating of wealth becomes an end in itself, all other ends are sacrificed to this.

Greed begins in the neurochemistry of the brain. A neurotransmitter called dopamine fuels our greed. The higher the dopamine levels in the brain, the greater the pleasure we experience.

Harvard researcher Hans Breiter has found, via magnetic resonance imaging studies, that the craving for money activates the same regions of the brain as the lust for sex, cocaine or any other pleasure-inducer.

Federal investigators need to view large concentrations of wealth as sources for at least potential corruption.

And they should ruthlessly–and routinely–investigate those sources, whether in the vaults of the Mafia or of major financial institutions.

FEAR WORKS: PART TWO (END)

In Bureaucracy, Business, Law, Self-Help, Social commentary on April 21, 2015 at 12:43 am

Ralph bought a computer security program from SUX.  But then he found he couldn’t download it.

So he contacted the company—whose customer service representative told him: You’ll have to buy another of our products to make the first one you bought work properly.

At that point, Ralph had had enough.

He sent SUX an email via its own website, outlining his problem and asking that the $60 charge on his credit card be removed.

Six days later, Ralph called his credit card company, to see if SUX was still charging him for an item he hadn’t received.

It was.

It was time to play Machiavellian hardball.

Ralph once again dialed SUX to speak to one of its customer service reps.

Calmly–but firmly–Ralph identified himself, then quickly summarized the problem he was having with the company.

Then he said:

“I suggest you contact someone in management and tell them this: I want this charge off my credit card in 24 hours.  If it isn’t, here’s what’s going to happen:

“One: I’m going to file a criminal complaint with the local office of the United States Attorney [Federal prosecutor] for fraud against your company.

“When a company does business in more than one state, that brings it under Federal jurisdiction.  And there are Federal penalties for charging people for products they didn’t receive.

“Two, I’m going to make this situation very well known on social media sites.  That’s going to cost you bigtime on future customers.

“Again, I’ll wait 24 hours.  Pass this on to your management.”

Then he hung up.

Slightly more than 24 hours later, Ralph got this email from SUX:

“Thank you for ordering from SUX.  At your request a return has been initiated.”

In short: The charge would be removed from his credit card.

There are several important lessons to be learned here.

First, before you call to complain, make sure the product isn’t working.

Read the instructions carefully and follow them to the letter.

If you can’t understand the instructions, or if you feel you do and the product still isn’t doing what it’s supposed to do, call the company.

Second, when you reach the customer service rep, be patient and polite.

At best, getting angry and offensive wastes valuable time which could be better spent outlining the problem you’re having.

At worst, the tech might hang up on you, which means you’ll have to go through the whole telephone-tree exercise again.

Third, explain precisely what has gone wrong.  If the tech gives you instructions on how to resolve the problem, follow them to the letter.

Fourth, if you’re sure you want to return the product, say so.

Find out the company’s preferred way to do this.

Fifth, if you’ve paid for it by credit card, state that you want the charge removed from your bill.

You may have to wait until the company receives the product before they take the charge off your bill.  To make sure they get it, send it signed-receipt-requested.

Sixth, wait five to ten days to see if your credit card has been charged. 

Ralph waited six, which is a reasonable number.

Seventh, if the problem hasn’t been resolved, call the company again and ask to speak to someone on its corporate headquarters—the higher up, the better.

You can often find out the names of the top executives of a company by checking its website.  Or by going to a business-rating website, such as that of Standard and Poor’s.

Eighth, be polite but businesslike as you outline your problem.

If you can’t outline it in one or two minutes, ask for an email address where you can send a detailed email.

Ninth, state clearly what you want the company to do for you.

Often, people get so angry at the frustration they’ve endured that they forget to say what action they want the company to take.

Tenth, if the company rep makes it clear they won’t take back the product, give you a substitute, or refund your purchase, it’s time to play hardball.

Eleventh, if you believe the law has been broken, say so. 

And say which agencies you intend to contact—such as the local District Attorney’s Office, Federal Trade Commission, United States Attorney or Federal Communications Commission.

Twelth, have at least one or two consumer complaint websites ready to cite—and contact.

A

Among these:

Businesses fear bad consumer reviews–especially on Yelp! and Facebook.

When I once visited a local animal shelter, a receptionist told me: “If you have a problem with something, please see me.  Don’t go home and post it on Yelp!

Thirteenth, tell the company official what action you intend to take unless your demands are met. 

Offer a deadline by when you expect that action to be taken.

Fourteenth, if that doesn’t prove enough, consider filing a private lawsuit.

Follow

Get every new post delivered to your Inbox.

Join 2,136 other followers

%d bloggers like this: