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HOW TO END THE GUN MASSACRES

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 27, 2015 at 12:10 am

According to The Mass Shooting Tracker, a project of Guns Are Cool, there have been 204 mass shooting events in the United States so far in 2015.

There have been 204 mass shootings — and 204 days — in 2015 so far – The Washington Post

There were

  • 18 mass shootings in April;
  • 39 in May;
  • and 41 in June.

July has been a particularly busy month for those seeking the title of “NRA Poster Boy”: 34 mass shootings so far–and the month isn’t over yet.

So what should the surviving victims of these rampages do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Three things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians–-with rare exceptions–-have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

Second, don’t expect the mental health profession to prevent such future tragedies.

There is simply no definitive way to predict who is likely to commit mass murder.

And even if such a method were developed, it would likely be ruled unconstitutional.  A person can’t be jailed or hospitalized for fear of what he might do.

Third, those who survived these rampages–-and the relatives and friends of those who didn’t–-should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.

  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.
  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.

  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices. They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.
  • The NRA has steadfastly defended the right to own Teflon-coated “cop killer” bullets,” whose only purpose is to penetrate bullet-resistant vests worn by law enforcement officers.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals, terrorists and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it.  Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA–-like the tobacco industry–-will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

Only then will those politicians supporting reasonable gun controls dare to stand up for the victims of slaughters that could have been prevented.

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THE CASEY DOCTRINE: MINIMUM COMPLIANCE

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on July 24, 2015 at 12:24 pm

When William J. Casey was a young attorney during the Great Depression, he learned an important lesson.

Jobs were hard to come by, so Casey thought himself lucky to land one at the Tax Research Institute of America in New York.

His task was to closely read New Deal legislation and write reports explaining it to corporate chieftains.

At first, he thought they wanted detailed legal commentary on the meaning of the new legislation.

But then he quickly learned a blunt truth: Businessmen neither understood nor welcomed Franklin D. Roosevelt’s efforts to reform American capitalism. And they didn’t want legal commentary.

Instead, they wanted to know: “What must we do to achieve minimum compliance with the law?”

In short: How do we get by FDR’s new programs?

Fifty years later, Casey would bring a similar mindset to his duties as director of the Central Intelligence Agency for President Ronald Reagan.

William J. Casey 

Congress had banned the Reagan administration from funding the “Contras,” the Right-wing death squads of Nicaragua.

Casey gave lip service to the demands of Congress. But privately, he and Marine Lieutenant Colonel Oliver North set up an “off-the-shelf” operation to overthrow the leftist government of Daniel Ortega.

For three years the operation stayed secret. Then it blew up in November, 1986, as the Iran-Contra scandal.

But the “Casey Doctrine” of minimum compliance didn’t die with Casey (who expired of a brain tumor in 1987).

It’s very much alive among the American business community as President Barack Obama seeks to give medical coverage to all Americans, and not simply the ultra-wealthy.

The single most important provision of the Affordable Care Act (ACA)–-better known as Obamacare–-requires large businesses to provide insurance to full-time employees who work more than 30 hours a week.

For part-time employees, who work fewer than 30 hours, a company isn’t penalized for failing to provide health insurance coverage.

Obama prides himself on being a tough-minded practitioner of “Chicago politics.”  So it’s easy to assume that he took the “Casey Doctrine” into account when he shepherded the ACA through Congress.

But he didn’t.

The result was predictable.  And its consequences are daily becoming more clear.

Employers feel motivated to move fulltime workers into part-time positions–-and thus avoid

  • providing their employees with medical insurance and 
  • a fine for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–-and the idea that employers actually have an obligation to those who make their profits a reality.

The White Castle hamburger chain is considering hiring only part-time workers in the future to escape its obligations under Obamacare.

No less than Jamie Richardson, its vice president, admitted this in an interview.

“If we were to keep our health insurance program exactly like it is with no changes, every forecast we’ve looked at has indicated our costs will go up 24%.”

Richardson claimed the profit per employee in restaurants is only $750 per year. So, as he sees it, giving health insurance to all employees who work over 30 hours isn’t feasible.

Nor is Richardson the only corporate executive determined to shirk his responsibility to his employees.

John Schnatter, CEO of Papa John’s Pizza, has been quoted as saying:

  • The prices of his pizzas will go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
  • He will pass along these costs to his customers.

“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

Consider:

  • Papa John’s is the third-largest pizza takeout and delivery chain in the United States.
  • Its 2012 revenues were $318.6 million, an 8.5 percent increase from 2011 revenues of $293.5 million.
  • Its 2012 net income was $14.8 million, compared to its 2012 net income of $12.1 million.

Had Obama been the serious student of Realpolitick that he claims to be, he would have predicted that most businesses would seek to avoid compliance with his law.

To counter that, he need only have required all employers to provide insurance coverage for all of their employees—regardless of their fulltime or part-time status.

This, in turn, would have produced two substantial benefits:

  • All employees would have been able to obtain medical coverage; and
  • Employers would have been encouraged to provide fulltime positions rather than part-time ones; they would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”

The “Casey Doctrine” needs to be kept constantly in mind when reformers try to protect Americans from predatory employers.

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DATA SECURITY BREACHES: “WE DON’T CARE, WE DON’T HAVE TO”: PART TWO (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Social commentary on July 21, 2015 at 9:35 am

It’s become as routine as the robbery of the corner liquor store.

Name-brand companies, trusted by millions, hit with massive data breaches that compromise their customers’ and/or employees’ most sensitive financial and personal information.

Among those companies:

  • Target
  • Kmart
  • Home Depot
  • JPMorgan/Chase
  • Staples
  • Dairy Queen
  • Anthem, Inc.
  • Sony Pictures
  • Primera Blue Cross
  • U.S. Postal Service

Click here: Data Breach Tracker: All the Major Companies That Have Been Hacked | Money.com

And as of July 15, Ashley Madison joined this list.

Ashley Madison is, of course, the notorious website for cheating wives and husbands.

Launched in 2001, its catchy slogan is: “Life is short.  Have an affair.”

One of its ads featured a photo of a woman apparently kneeling at the feet of a bare-chested man, her hand passionately clawing at his belt.  Next to her was the caption: “Join FREE & change your life today.  Guaranteed!”

Ashley Madison claims to have more than 37 million members.

Calling themselves “The Impact Team,” hackers appear to be enraged at the company’s “full delete” service, which promises to completely erase a user’s profile and all associated data for a $19 fee.

“Full Delete netted [Avid Life Media, the parent company of Ashley Madison] $1.7 million in revenue in 2014,” the hackers were quoted as saying in an online manifesto.  “It’s also a complete lie.

“Users almost always pay with credit card; their purchase details are not removed as promised, and include real names and address, which is of course the most important information the users want removed.”

On July 20, Avid Life Media defended the service, and said it would make it free.

Adultery-dating website Ashley Madison hacked

The hackers demanded: “AM [Ashley Madison] AND EM [Established Men] MUST SHUT DOWN IMMEDIATELY PERMANENTLY.

“We have taken over all systems in your entire office and production domains, all customer information databases, source code repositories, financial records, emails.

“Shutting down AM and EM will cost you, but non-compliance will cost you more.”

The hackers threatened to “release all customer records, including profiles with all the customers’ secret sexual fantasies and matching credit card transactions, real names and addresses, and employee documents and emails.”

Interestingly, the hackers did not target the company’s “CougarLife” website, which caters to female members seeking “a young stud.”

Avid Life Media assured its customers that it had hired “one of the world’s top IT security teams” to work on the breach:

“At this time, we have been able to secure our sites, and close the unauthorized access points. We are working with law enforcement agencies, which are investigating this criminal act.”

This statement gives new meaning to the phrase, “Closing the barn door after the cow has gotten out.”

It’s almost comical, except for the fact that the marriages of millions of people are likely to be threatened by the release of such information.

And it raises the question: Why wasn’t this “top IT security team” hired at the outset?

A website offering cheating services to those wealthy enough to afford high-priced fees is an obvious target for hackers. After all, its database is a blackmailer’s dream-come-true.

This latest breach comes about two months after a similar dating site, Adult FriendFinder–with an estimated 64 million members–was hit with a similar attack.

Again, it was clear that a site like this would be a prime target for those seeking information for blackmail. Yet apparently its owners didn’t care enough about the privacy of their customers to provide adequate security.

“Without question, this is incredibly valuable information,” said J.J. Thompson, founder and chief executive of Rook Security, an IT security firm.

“[Ashley Madison’s customers] are now vulnerable to a significant secret.”

As usual when a corporation’s data breach occurs, Ashley Madison issued a reassuring statement: “We are working with law enforcement agencies, which are investigating this criminal act.

“Any and all parties responsible for this act of cyber-terrorism will be held responsible.”

Brave-sounding words.  But if the hackers make good on their threat, many prominent men in business and politics may soon find themselves facing expensive divorces.

And if that happens, at least some of them may well decide to take out their anger and embarrassment on the websits that assured them that the highly private information they shared was “100% secure.”

That could set a precedent for lawsuits by other victims of such data breaches. Which, in turn, could force profit-obsessed corporations to responsibly protect the highly sensitive information entrusted to them.

There is an important lesson to be learned from this latest disaster.

“Stuff that’s online is pretty much not private, no matter what you might hope or think or wish for,” said Geoff Webb, senior director of solution strategy for security management firm NetIQ.

Old records, like transactions and account details, remain in company databases long after you’ve deleted an account, he said, because the company needs them for tax and other business purposes.

“There used to be an old saying that everybody ends up naked on the Internet at some point,” said Webb.

Although that was meant figuratively, patrons of websites like Ashley Madison could soon find it applying literally.

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DATA SECURITY BREACHES: “WE DON’T CARE, WE DON’T HAVE TO”: PART ONE (OF TWO)

In Bureaucracy, Business, Law, Law Enforcement, Social commentary on July 20, 2015 at 12:20 pm

Comedian Lily Tomlin rose to fame on the 1960s comedy hit, Rowan & Martin’s Laugh-In, as Ernestine, the rude, sarcastic switchboard operator for Ma Bell.

She would tap into customers’ calls, interrupt them, make snide remarks about their personal lives.  And her victims included celebrities as much as run-of-the-mill customers.

Lily Tomlin as Ernestine

She introduced herself as working for “the phone company, serving everyone from presidents and kings to the scum of the earth.”

But perhaps the line for which her character is best remembered was: “We don’t care. We don’t have to. We’re the phone company.”

Watching Ernestine on Laugh-In was a blast for millions of TV viewers.  But facing such corporate arrogance in real-life is no laughing matter.

Clearly, too many companies take the same attitude as Ernestine: “We don’t care.  We don’t have to.”

This is especially true for companies that are supposed to safeguard their customers’ most sensitive information–such as their credit card numbers, addresses, emails and phone numbers.

An October 22, 2014 “commentary” published in Forbes magazine raised the highly disturbing question: “Cybersecurity: Does Corporate America Really Care?”

And the answer is clearly: No.

Its author is John Hering, co-founder and executive director of Lookout, which bills itself as “the world leader in mobile security for consumers and enterprises alike.”

Click here: Cybersecurity: Does corporate America really care?

October, 2014 proved a bad month for credit card-using customers of Kmart, Staples and Dairy Queen.

All these corporations reported data breeches involving the theft of credit card numbers of countless numbers of customers.

Earlier breaches had hit Target, Home Depot and JPMorgan/Chase.

And on February 5, 2015, health insurance giant Anthem Inc. announced that hackers had breached its computer system and accessed the medical records of tens of millions of its customers and employees.

Anthem, the nation’s second-largest health insurer, said the infiltrated database held records on up to 80 million people.

Among the customers’ information accessed:

  • Names
  • Birthdates
  • Social Security numbers
  • Member ID numbers
  • Addresses
  • Phone numbers
  • Email addresses and
  • Employment information.

Some of the customer data may also include details on their income.

Click here: Anthem hack exposes data on 80 million; experts warn of identity theft – LA Times

Bad as that news was, worse was to come.

A February 5 story by the Wall Street Journal revealed that Anthem stored the Social Security numbers of 80 million customers without encrypting them.

The company believes that hackers used a stolen employee password to access the database

Anthem’s alleged reason for refusing to encrypt such sensitive data: Doing so would have made it harder for the company’s employees to track health care trends or share data with state and Federal health providers.

Anthem spokeswoman Kristin Binns blamed the data breach on employers and government agencies who “require us to maintain a member’s Social Security number in our systems so that their systems can uniquely identify their members.”

She said that Anthem encrypts personal data when it moves in or out of its database–but not where it  is stored.

This is a commonplace practice in the healthcare industry.

The FBI is now investigating the hack.

According to an anonymous source, the hackers used malware that has been used almost exclusively by Chinese cyberspies.

Naturally, China has denied any wrongdoing.  With a completely straight face, Chinese Foreign Ministry spokesman Hong Lei said:

“We maintain a cooperative, open and secure cyberspace, and we hope that countries around the world will make concerted efforts to that end.”

He also said that the charge that the hackers were Chinese was “groundless.”

Click here: Health Insurer Anthem Didn’t Encrypt Stolen Data – WSJ

Meanwhile, John Hering’s complaints remain as valid today as they did last October.

“One thing is clear,” writes Hering. “CEOs need to put security on their strategic agendas alongside revenue growth and other issues given priority in boardrooms.”

Hering warns that “CEOs don’t seem to be making security a priority.”  And he offers several reasons for this:

  • The sheer number of data compromises;
  • Relatively little consumer outcry;
  • Almost no impact on the companies’ standing on Wall Street;
  • Executives may consider such breaches part of the cost of doing business.

“There’s a short-term mindset and denial of convenience in board rooms,” writes Hering.

“Top executives don’t realize their systems are vulnerable and don’t understand the risks. Sales figures and new products are top of mind; shoring up IT systems aren’t.”

There are three ways corporations can be forced to start behaving responsibly on this issue.

  1. Smart attorneys need to start filing class-action lawsuits against companies that refuse to take steps to protect their customers’ private information.  There is a name for such behavior: Criminal negligence.  And there are laws carrying serious penalties for it.
  2. There must be Federal legislation to ensure that multi-million-dollar fines are levied against such companies–and especially their CEOs–when such data breaches occur.
  3. Congress should enact legislation allowing for the prosecution of CEOs whose companies’ negligence leads to such massive data breaches. They should be considered as accessories to crime, and, if convicted, sentenced to lengthy prison terms.

Only then will the CEO mindset of “We don’t care, we don’t have to” be replaced with: “We care, because our heads will roll if we don’t.”

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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.”

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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

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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 it 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.”

San Simeon, estate of William Randolph Hearst

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 consumer 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.

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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 Limbaugh—whose own wealth makes him a multi-millionaire.  In 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.”

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GREED-TESTING FOR CEOs

In Bureaucracy, Business, History, Politics, Social commentary on May 15, 2015 at 12:01 am

Robert Benmosche, the CEO of American International Group (AIG) had some blunt advice to college graduates searching for work in a tight job market.

Robert Benmosche

“You have to accept the hand that’s been dealt you in life,” Benmosche said in an interview on Bloomberg Television. “Don’t cry about it. Deal with it.”

Typical advice from a one-percenter whose company, AIG, suffered a liquidity crisis when its credit ratings were downgraded below “AA” levels in September, 2008.

And how did AIG “deal with” its own crisis?  It went crying to its Uncle Sugar, the United States Government, for a bailout.

Which it promptly got.

The United States Federal Reserve Bank, on September 16, 2008, made an $85 billion loan to the company to meet increased collateral obligations resulting from its credit rating downgrade–and thus saving it from certain bankruptcy.

In return, the Government took an 80% stake in the firm.

(The bailout eventually ballooned to $182 billion in exchange for a 92%  stake.)

College graduates, said Benmosche, needed to seize the opportunities that become available to them, even if their options are limited.

“They want me to talk to the students and give them a sense of encouragement, especially with the high unemployment,” said Benmosche.

“My advice will be, ‘Whatever opportunity comes your way, take it. Take it and treat it as if it’s the only one that’s coming your way, because that actually may be the truth.’”

Of course, willing-to-work college graduates who can’t find willing-to-hire employers won’t be able to count on a generous bailout from the Federal Government.

To which most of them will owe hundreds of thousands of dollars in student loans.

It’s long past time to apply to “untouchable” CEOs like Robert Benmosche the same criteria that right-wing Republicans demand be applied to welfare recipients.

Throughout the past year Republican lawmakers have pursued welfare drug-testing in Congress and more than 30 states.

Some bills have even targeted people who claim unemployment insurance and food stamps, despite scanty evidence the poor and jobless are disproportionately on drugs.

The concept of background screening is actually sound. But Republicans are aiming it at the wrong end of the economic spectrum.

Since 2008, the government has handed out billions of dollars in bailouts to the wealthiest corporations in the country.

The reason: To rescue the economy from the calamity produced by the criminal greed and recklessness of those same corporations.

For example:

  • The Troubled Asset Relief Program (TARP) has invested $118.5 billion in restoring liquidity to the financial markets.
  • Federal Reserve rescue efforts: $1.5 trillion invested.
  • Federal stimulus programs designed to save or create jobs and jumpstart the economy from recession. $577.8 billion invested.
  • American International Group: Multifaceted bailout to help insurers through restructuring, minimize the need to post collateral and get rid of toxic assets. $127.4 billion invested.
  • FDIC bank takeovers: Cost to FDIC fund that insures losses depositors suffer when a bank fails. $45.4 billion invested.
  • Other financial initiatives designed to rescue the financial sector. $366.4 billion invested.
  • Other housing initiatives designed to rescue the housing market and prevent foreclosures. $130.6 billion invested.

Total of federal monies invested: $3 trillion.

It’s important to note that these figures–supplied by the Federal Reserve, Treasury Department, Federal Deposit Insurance Corporation, Congressional Budget Ooffice and the White House–date from November 16, 2009.

And it’s equally important to remember that welfare recipients did not

  • hold CEO positions at any of the banks so far bailed out;
  • run such insurance companies as American International Group (AIG);
  • administer the Federal Home Loan Mortgage Corporation, known as Freddie Mac;
  • command the Federal National Mortgage Association, known as Fannie Mae.

The 2010 documentary Inside Job chronicles the events leading to the 2008 global financial crisis. One of its most insightful moments occurs at a party held by then-Treasury Secretary Henry Paulson.

“We can’t control our greed,” the CEO of a large bank admits to his fellow guests.  “You should regulate us more.”

Greed is defined as an excessive desire for wealth or goods. At its worst, greed trumps rationality, judgment and concern about the damage it may cause.

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.

Cocaine, for example, directly increases dopamine levels. So does money.

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.

Dopamine is most reliably activated by an experience we haven’t had before. We crave recreating that experience.

But snorting the same amount of cocaine, or earning the same sum of money, does not cause dopamine levels to increase. So the pleasure-seeker must increase the amount of stimuli to keep enjoying the euphoria.

In time, this incessant craving for pleasure becomes an addiction. And feeding that addiction–-with ever more money–becomes the overriding goal.

Thus, the infamous line–”Greed is good”–in the 1987 film, Wall Street, turns out to be both false and deadly for all concerned.

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REPUBLICANS AS VOYEURS

In Bureaucracy, Business, History, Law, Politics, Social commentary on May 8, 2015 at 12:01 am

Adolf Hitler had greater respect for the privacy of women than Republican members of the Arizona legislature.

At the height of World War II, Dr. Hans Lammers, legal advisor to Adolf Hitler, issued this legal directive at the enraged order of his Fuhrer:

“In many [criminal] cases it will undoubtedly be necessary to determine whether there were sexual relations between two people or not.

“But if this much is known, it is wholly superfluous to probe for closer particulars as to how and where such sexual intercourse took place.  The cross-examination of women in particular should cease!

“Every time that cross-examining police officials or judges keep probing for details as to the how and where of the sexual intercourse, the Fuhrer has gained the very clear impression that this is done for the same reason that the same intimate questions are asked in the Confessional box

“The Fuhrer wants clear instructions issued for the abolition of unnecessary cross-examination.”1

Adolf Hitler 

By contrast, the Arizona legislature has introduced a bill that:

  • Requires women who want their contraception covered by their health insurance to prove to their employers that they are taking it to treat medical conditions—not to prevent pregnancy; and
  • Makes it legal for employers to fire a woman for using birth control to prevent pregnancy.

“The bill goes beyond guaranteeing a person’s rights to express and practice their faith,” Anjali Abraham, a lobbyist for the ACLU, told the Senate panel.

Instead, the legislation “lets employers prioritize their beliefs over the beliefs, the interests, the needs of their employees, in this case, particularly, female employees.”

Current Arizona law states that health plans covering other prescription medications must include contraception.

To override this requirement, the State House of Representatives passed House Bill 2625 in early March, 2012.  The Senate Judiciary Committee endorsed it on March 12.

The full Senate has yet to vote on the legislation.

House Bill 2625 allows any employer to refuse to cover contraception that will be used “for contraceptive, abortifacient, abortion or sterilization purposes.”

If a woman wants the cost of her contraception covered, she must “submit a claim” to her employer providing evidence of a medical condition, such as endometriosis or polycystic ovarian syndrome, that can be treated with birth control.

Even more invasive, the law allows Arizona employers to fire a woman upon finding out that she took birth control to prevent pregnancy.

In short: While Adolf Hitler was outraged at public officials taking what he considered a prurient interest in a woman’s sex life, Arizona’s Republican legislators feel no such restraint.

“I believe we live in America,” said Majority Whip Debbie Lesko (R-Glendale), who sponsored the bill.

“We don’t live in the Soviet Union. So, government should not be telling the organizations or mom-and-pop employers to do something against their moral beliefs.”

In short, employers should be allowed to have Ayatollah-like power over the private sex-lives of their female employees.

The United States is not the Soviet Union. But if this bill is enacted, Arizona will bear a striking resemblance to Iran.

Debbie Lesko

This latest Republican effort should come as no surprise to anyone–least of all women.

Throughout 2011, Republicans attacked women’s reproductive rights–not simply access to legal abortion but even birth control.

The sheer number of laws proposed or enacted by Republicans at state and Federal levels–-to control the sex lives of American women–-is staggering.

At the state level:

  • State legislators introduced more than 1,100 anti-abortion provisions and had enacted 135 of them by year’s end.
  • Seven states either fully defunded or tried to defund Planned Parenthood, which provides basic health care, contraception, breast cancer and STD screenings to millions of low-income women each year.

At the Congressional level:

  • Republicans used abortion and Planned Parenthood funding to extort Democratic concessions during budget negotiations and threatened to shut down the government.
  • Republicans introduced mandatory ultrasound bills.
  • Republicans tried to narrow the definition of rape to include only “forcible rape.”  Under this change, a woman who was coerced, drugged or otherwise incapacitated by a rapist, would not be legally counted as a rape victim.
  • Republicans barred the District of Columbia from using its own locally raised funds to help low-income women pay for abortions.

During the first two months of 2012:

  • Virginia Republicans introduced a bill whose original language required women to undergo an invasive trans-vaginal ultrasound procedure 24 hours before having an abortion.
  • A modified version of the bill–requiring women to receive trans-abdominal ultrasounds, was signed into law instead.
  • With the connivance of House Republicans, Susan G. Komen for the Cure, the nation’s largest breast cancer charity, tried to pull cancer-screening grants from Planned Parenthood because some of its clinics provide abortions.
  • The House Oversight Committee convened a hearing to deny contraceptive insurance coverage under the guise of “protecting religious liberty.” The Democrats’ one female witness, Sandra Fluke, was forbidden to speak at it.
  • Right-wing broadcaster Rush Limbaugh and Foster Friess–Rick Santorum’s chief financial backer–publicly equated birth control use to sexual promiscuity.
  • During his 2012 campaign for the Presidency, Rick Santorum pledged that, if elected, he would wage an all-out war on birth control: “It’s not okay. It’s a license to do things in a sexual realm that is counter to how things are supposed to be.”

And yet Republicans like Rush Limbaugh insist they are not waging a “war on women.”

The situation calls to mind a famous joke:  A wife unexpectedly returns home and catches her husband in bed with another woman.  Before she can speak, her husband demands: “Now, what are you going to believe–your own eyes, or what I’m telling you?”

__________

  1. David Irving, The War Path, Viking Press, 1978.