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Posts Tagged ‘ORGANIZED CRIME’

“DON’T EMBARRASS THE BUREAU–OR THE BUSINESS”

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on April 25, 2022 at 12:10 am

J. Edgar Hoover, the legendary director of the FBI, has been dead for almost 50 years. But his rule—“Don’t embarrass the Bureau”—is very much alive and well in corporate America.

In 1959, Hoover—against his will—declared war on the Mafia.

On November 14, 1957, 70 top Mafia leaders from across the country had gathered at the estate of a fellow gangster, Joseph Barbara, in Apalachin, a small village in upstate New York.

The presence of so many cars with out-of-state license plates converging on an isolated mansion caught the attention of Sergeant Edgar Crosswell of the New York State Police.

Crosswell assembled an army of state troopers, set up roadblocks, and swooped down on the estate.

The mobsters, panicked and fled—many into the surrounding woods. Even so, more than 60 underworld bosses were arrested and indicted following the raid.

Hoover had vigorously and vocally denied the existence of a nationwide Mafia. He had carefully kept the FBI well out of the war on organized crime. Several theories have been advanced as to why:

  1. Hoover feared that his agents—-long renowned for their incorruptibility—would fall prey to the bribes of well-heeled mobsters.
  2. Hoover feared that his allegedly homosexual relationship with his longtime associate director, Clyde Tolson, would be exposed by the Mob. Rumors still persist that mobster Meyer Lansky came into possession of a compromising photo of Hoover and Tolson engaged in flagrante delicto.
  3. Hoover knew of the ties between moneyed mobsters and their political allies in Congress. And he feared losing the goodwill of his political allies—and ever-larger appropriations for the FBI.
  4. Hoover preferred flashy, easily-solved cases to those requiring huge investments of manpower and money.

Suddenly, however, ignoring the Mob was no longer possible.

J. Edgar Hoover

He set up a Top Hoodlum Program and encouraged his agents to use wiretapping and electronic surveillance (“bugging”) to make up for lost time and Intelligence.

But planting “bugs” demanded illegal trespass into mob hangouts.

Making this even more hazardous: Hoover imposed restrictions on these assignments that could destroy an agent’s professional and personal life.

William E. Roemer, Jr., assigned to the FBI’s Chicago field office, was one of the first agents to volunteer for such duty.

William Roemer | C-SPAN.org

William Roemer

In his memoirs, Man Against the Mob, published in 1989, Roemer laid out the dangers that went with such work:

  1. If confronted by police or mobsters, agents were to try to escape without being identified.
  2. If caught by police, agents were not to identify themselves as FBI employees.
  3. They were to carry no badges, credentials or guns—or anything else connecting themselves with the FBI.
  4. If they were arrested by police and the truth emerged about their FBI employment, the Bureau would claim they were “rogue agents” acting on their own.
  5. Such agents were not to refute the FBI’s portrayal of them as “rogues.”

As summed up by Roemer, Hoover’s greatest concern was always: ‘Do the job, by God, but don’t ever let anything happen that might embarrass the Bureau.”

In the business sector, Hoover’s rule still forcefully apples. Anyone who doubts this need only examine the public scandal involving Applebee’s International, Inc.

AB Brand Refresh Logo R.png

Applebees Restaurant LLC, CC BY-SA 4.0 <https://creativecommons.org/licenses/by-sa/4.0&gt;, via Wikimedia Commons

On March 9, Wayne Pankratz, an executive with Apple Central, a Kansas City-based company that operates Applebee’s restaurants, sent an email to managers saying high gas prices could help them cut employees’ wages.

He noted that most Applebee’s employees live “paycheck to paycheck.” But instead of suggesting a pay raise, he advocated the opposite: 

“Any increase in gas price cuts into their disposable income. As inflation continues to climb and gas prices continue to go up that means more hours employees will need to work to maintain their current level of living.”

Because workers were no longer supported by government stimulus, desperate workers would be forced back into the workforce regardless of wages, giving the company the upper hand when it came to compensation.

Pankratz said competing restaurants had been raising wages to attract more workers, leaving Applebee’s struggling to keep up.

“We all saw businesses hiring team members at $18-$20 an hour. They will no longer be able to afford to do this,” the memo said. 

Pankratz predicted that the labor market was “about to turn in our favor.”

The memo was posted to an r/antiwork forum on Reddit and then picked up on social media. At that point, it took on a life of its own. 

Twitter users expressed outrage at the memo. Some said they would spend their money at other restaurants.

At least three managers quit their jobs at a Kansas Applebee’s over the memo, CBS News reported. 

Suddenly, it was Pankratz who was desperate for employment—he was fired.

In line with Hoover’s dictum of disavowing anyone who caused embarrassment for the organization, Kevin Carroll, Dine Brands’ chief operations officer for Applebee’s, rushed to repair the damage:

“This is the opinion of an individual, not Applebee’s. We understand that the franchisee who owns and operates the restaurants in this market has placed the individual on leave.

“Our team members are the lifeblood of our restaurants, and our franchisees are always looking to reward and incentivize team members, new and current, to remain within the Applebee’s family.”

WHAT EMPLOYERS OFTEN MEAN BY “A TEAM PLAYER”: PART TWO (END)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on January 20, 2022 at 12:13 am

In 1959,, J. Edgar Hoover, the longtime director of the FBI, declared war on the Mafia.

He set up a Top Hoodlum Program and encouraged his agents to use wiretapping and electronic surveillance (“bugging”) to make up for lost time and Intelligence.

But planting “bugs” demanded illegal trespass into mob hangouts.

Making this even more hazardous: Hoover imposed restrictions on these assignments that could destroy an agent’s professional and personal life.

William E. Roemer, Jr., assigned to the FBI’s Chicago field office, was one of the first agents to volunteer for such duty.

William Roemer | C-SPAN.org

William Roemer

In his memoirs, Man Against the Mob, published in 1989, Roemer laid out the dangers that went with such work:

  1. If confronted by police or mobsters, agents were to try to escape without being identified.
  2. If caught by police, agents were not to identify themselves as FBI employees.
  3. They were to carry no badges, credentials or guns—or anything else connecting themselves with the FBI.
  4. If they were arrested by police and the truth emerged about their FBI employment, the Bureau would claim they were “rogue agents” acting on their own.
  5. Such agents were not to refute the FBI’s portrayal of them as “rogues.”

If he had been arrested by the Chicago Police Department and identified as an FBI agent, Roemer would have:

  • Been fired as an FBI agent.
  • Almost certainly been convicted for at least breaking and entering.
  • Disbarred from the legal profession (Roemer was an attorney).
  • Perhaps served a prison sentence.
  • Been disgraced as a convicted felon.
  • Been unable to serve in his chosen profession of law enforcement.

If he had been intercepted by the mobsters, he would have likely been shot.

Given the huge risks involved, many agents, unsurprisingly, shunned “black bag jobs.”

The agents who took them on were so committed to penetrating the Mob that they willingly accepted Hoover’s dictates.

In 1989, Roemer speculated that former Marine Lieutenant Colonel Oliver North had fallen victim to such a “Mission: Impossible” scenario: “The secretary will disavow any knowledge of your actions….”

Oliver North’s mugshot

In 1986, President Ronald Reagan’s “arms-for-hostages” deal known as Iran-Contra had been exposed.

To retrieve seven Americans taken hostage in Beirut, Lebanon, Reagan had secretly agreed to sell some of America’s most sophisticated missiles to Iran.

During this operation, several Reagan officials—including North—diverted proceeds from the sale of those missiles to fund Reagan’s illegal war against the Sandinistas in Nicaragua.

In Roemer’s view: North had followed orders from his superiors without question.  But when the time came for those superiors to step forward and protect him, they didn’t.

They let him take the fall.

Roemer speculated that North had been led to believe he would be rescued from criminal prosecution.  Instead, in 1989, he was convicted for

  • Accepting an illegal gratuity;
  • Aiding and abetting in the obstruction of a congressional inquiry; and
  • Ordering the destruction of documents via his secretary, Fawn Hall.

That is how many employers expect their employees to act: To carry out whatever assignments they are given and take the blame if anything goes wrong.

Take the case of Wal-Mart Stores, Inc., the world’s biggest retailer.

In March, 2005, Wal-Mart escaped criminal charges when it agreed to pay $11 million to end a federal probe into its use of illegal aliens as janitors.

Agents from Immigration and Customs Enforcement (ICE) raided 60 Wal-Mart stores across 21 states in October, 2003. The raids led to the arrest of 245 illegal aliens.

An ICE raid

The illegal aliens had been hired as janitors at Wal-Mart stores.

Many of the employees worked seven days or nights a week without overtime pay or injury compensation. Those who worked nights were often locked in the store until morning.

According to Federal officials, court-authorized wiretaps revealed that Wal-Mart executives knew their subcontractors hired illegal aliens.

Once the raids began, Federal agents invaded the company’s headquarters in Bentonville, Arkansas, seizing boxes of records from the office of a mid-level executive.

Of course, Wal-Mart admitted no wrongdoing in the case. Instead, it blamed its subcontractors for hiring illegal aliens and claiming that Wal-Mart hadn’t been aware of this.

Just as the FBI planned to have its agents take the fall in “black bag” cases, Wal-Mart meant to sacrifice its subcontractors for hiring illegal aliens.

The only reason Wal-Mart couldn’t make this work: The Feds had, for once, treated corporate executives like Mafia leaders and had tapped their phones.

Which holds a lesson for how Federal law enforcement agencies should treat future corporate executives when their companies are found violating the law.

Instead of seeing CEOs as “captains of industry,” a far more realistic approach would be giving this term a new meaning: Corrupt Egotistical Oligarchs.

Their phones should be tapped, their boardrooms and bedrooms bugged, and their closest associates should be given immunity to testify against them.

A smart investigator/prosecutor should always remember:

Widespread illegal and corrupt behavior cannot happen among the employees of a major government agency or private corporation unless:

  1. Those at the top have ordered it and are profiting from it; or
  2. Those at the top don’t want to know about it and have taken no steps to prevent or punish it.

WHAT EMPLOYERS OFTEN MEAN BY “A TEAM PLAYER”: PART ONE (OF TWO)

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on January 19, 2022 at 12:11 am

Recruiters for corporate America routinely claim they’re looking for “a team player.”

This sounds great—as though the corporation is seeking people who will get along with their colleagues and work to achieve a worthwhile objective.

And, at times, that is precisely what is being sought in a potential employee.

But, altogether too often, what the corporation actually means by “a team player” is what the Mafia means by “a real standup guy.”

That is: Someone willing to commit any crime for the organization—and take the fall for its leaders if anything goes wrong.

Consider this classic example from the files of America’s premier law enforcement agency, the Federal Bureau of Investigation (FBI).

On November 14, 1957, 70 top Mafia leaders from across the country gathered at the estate of a fellow gangster, Joseph Barbara, in Apalachin, a small village in upstate New York.

The presence of so many cars with out-of-state license plates converging on an isolated mansion caught the attention of Edgar Crosswell, a sergeant in the New York State Police.

Crosswell assembled as many troopers as he could find, set up roadblocks, and swooped down on the estate.

The mobsters, panicked, fled in all directions—many of them into the surrounding woods.  Even so, more than 60 underworld bosses were arrested and indicted following the raid.

Perhaps the most significant result of the raid was the effect it had on J. Edgar Hoover, the legendary director of the FBI.

J. Edgar Hoover

Up to that point, Hoover had vigorously and vocally denied the existence of a nationwide Mafia.  He had left the pursuit of international narcotics traffickers to his hated rival, Harry Anslinger, director of the Federal Bureau of Narcotics (FBN).

But he had carefully kept his own agency well out of the war on organized crime. Several theories have been advanced as to why. 

  1. Hoover feared that his agents—-long renowned for their incorruptibility—would fall prey to the bribes of well-heeled mobsters.
  2. Hoover feared that his allegedly homosexual relationship with his longtime associate director, Clyde Tolson, would be exposed by the Mob. Rumors still persist that mobster Meyer Lansky came into possession of a compromising photo of Hoover and Tolson engaged in flagrante delicto.
  3. Hoover knew of the ties between moneyed mobsters and their political allies in Congress. And he feared losing the goodwill of his political allies—and ever-larger appropriations for the FBI.
  4. Hoover preferred flashy, easily-solved cases to those requiring huge investments of manpower and money.

Suddenly, however, ignoring the Mob was no longer possible. The arrests of more than 60 known members of the underworld—in what the news media called “a conclave of crime”—deeply embarrassed Hoover.

How could the FBI have not known about this?

It was all the more embarrassing that while the FBI had virtually nothing in its files on the leading lights of the Mafia, the Federal Bureau of Narcotics had opened its voluminous files to the Senate Labor Rackets Committee.

Heading that committee as chief legal counsel was Robert F. Kennedy—a fierce opponent of organized crime. In 1961, he would become Attorney General of the United States.

So Hoover created the Top Hoodlum Program (THP) to identify and target selected Mafiosi across the country.

Since the FBI had no networks of informants operating within the Mafia, Hoover fell back on a technique he had successfully employed against the Communist Party U.S.A.

He would wiretap the mobsters’ phones and plant electronic microphones (“bugs”) in their meeting places. The information gleamed from these techniques would arm the Bureau with evidence that could be used to strongarm mobsters into “rolling over” on their colleagues in exchange for leniency.

The Commission (American Mafia) - Wikipedia

Organization chart of Mafia famiies

Hoover believed he had authority to install wiretaps because more than one Attorney General had authorized their use.

But no Attorney General had given permission to install bugs—which involved breaking into the places where they were to be placed. Such assignments were referred to within the Bureau as “black bag jobs.”

So, in making clear to his agent-force that he wanted an unprecedented war against organized crime, Hoover also made clear the following:

Before agents could install electronic surveillance (an ELSUR, in FBI-speak) devices in Mob hangouts, agents had to first request authority for a survey.  This would have to establish:

  1. That this was truly a strategic location;
  2. That the agents had a plan of attack that the Bureau could see was logical and potentially successful; and, most importantly of all
  3. That it could be done without any “embarrassment to the Bureau.”

According to former FBI agent William E. Roemer, Jr., who carried out many of these “black bag” assignments: “The [last requirement] was always Mr. Hoover’s greatest concern: ‘Do the job, by God, but don’t ever let anything happen that might embarrass the Bureau.”

Roemer laid out the dangers of these “penetration” assignments in his autobiography: Romer: Man Against the Mob (1989)   

Agents faced not only the threat of arrest by police, but that of death at the hands of the Mob.

A REALISTIC PORTRAYAL OF POLICE CORRUPTION—AND JUSTICE

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 29, 2020 at 1:19 pm

Almost 40 years later, “Prince of the City” remains that rarity—a movie about big-city police that:

  • Tells a dramatic (and true) story; and
  • Offers serious truths about how police and prosecutors really operate. 

Released in 1981, it’s based on the real-life case of NYPD Detective Robert Leuci (“Danny Ciello” in the film). 

Robert Leuci (“Danny Ciello” in “Prince of the City”)

A member of the elite Special Investigating Unit (SIU) targeting high-level narcotics dealers, Ciello (played by Treat Williams) volunteers to work undercover against rampant corruption among narcotics agents, attorneys and bail bondsmen. 

His motive appears simple: To redeem himself and the NYPD from the corruption he sees everywhere: “These people we take from own us.” 

His only condition: “I will never betray cops who’ve been my partners.” 

And Assistant U.S. Attorney Rick Cappalino assures Ciello: “We’ll never make you do something you can’t live with.” 

As the almost three-hour movie unfolds, Ciello finds—to his growing dismay—that there are a great many things he will have to learn to live with. 

Treat Williams as “Danny Ciello”

Although he doesn’t have a hand in it, he’s appalled to learn that Gino Moscone, a former buddy, is going to be arrested for taking bribes from drug dealers. 

Confronted by a high-ranking agent for the Federal Drug Enforcement Agency, Moscone refuses to “rat out” his buddies. Instead, he puts his service revolver to his head and blows out his brains.  

Ciello is devastated, but the investigation—and film—must go on. 

Along the way, he’s suspected by a corrupt cop and bail bondsman of being a “rat” and threatened with death. 

He’s about to be wasted in a back alley when his cousin—a Mafia member—suddenly intervenes. The Mafioso tells Ciello’s would-be killers: “You’d better be sure he’s a rat, because people like him.”

At which point, the grotesquely fat bail bondsman—who has been demanding Ciello’s execution—pats Danny on the arm and says, “No hard feelings.”

It is director Sidney Lumet’s way of graphically saying: “Sometimes the bad guys can be good guys—and the good guys can be bad guys.”

Prince Of The City folded.jpg

Lumet makes it clear that police don’t always operate with the Godlike efficiency of cops in TV and films. It’s precisely because his Federal backup agents lost him that Ciello almost became a casualty.  

In the end, Ciello becomes a victim of the prosecutorial forces he has unleashed.  Although he’s vowed to never testify against his former partners, Ciello finds this is a promise he can’t keep.

Too many of the cops he’s responsible for indicting have implicated him of similar—if not worse—behavior. He’s even suspected of being involved in the theft of 450 pounds of heroin (“the French Connection”) from the police property room.

A sympathetic prosecutor—Mario Vincente in the movie, Rudolph Giuliani in real-life—convinces Ciello that he must finally reveal everything he’s done.

Ciello had originally claimed to have done “three things” as a corrupt narcotics agent. By the time his true confessions are over, he’s admitted to scores of felonies.

Ciello then tries to convince his longtime SIU partners to do the same. One of them commits suicide.  Another tells Ciello to screw himself:  “I’m not going to shoot myself and I’m not going to rat out my friends.”

To his surprise, Ciello finds himself admiring his corrupt former partner for being willing to stand up to the Federal case-agents and prosecutors demanding his head.

The movie ends with a double dose of irony.

First: Armed with Ciello’s confessions, an attorney whom Ciello had successfully testified against appeals his conviction. But the judge rules Ciello’s admitted misdeeds to be “collateral”—apart from the main evidence in the case—and affirms the conviction.

Second: Ciello is himself placed on trial—-of a sort. A large group of assistant U.S. attorneys gathers to debate whether their prize “canary” should be indicted. If he is, his confessions will ensure his conviction.

Some prosecutors argue forcefully that Ciello is a corrupt law enforcement officer who has admitted to more than 40 cases of perjury—among other crimes. How can the government use him to convict others and not address the criminality in his own past?

Other prosecutors argue that Ciello voluntarily risked his life—physically and professionally—to expose rampant police corruption. He deserves a better deal than to be cast aside by those who have made so many cases through his testimony.

Eventually, the U.S. Attorney for the Southern District of New York makes his decision: “The government declines to prosecute Detective Daniel Ciello.”

It is Lumet’s way of showing that the decision to prosecute is not always an easy or objective one.

The movie ends with Ciello now teaching surveillance classes at the NYPD Academy. 

A student asks: “Are you the Detective Ciello?”

“I’m Detective Ciello.”

“I don’t think I have anything to learn from you.”  And he walks out.

Is Danny Ciello a hero, a villain, or some combination of the two? It’s with this ambiguity that the film ends—an ambiguity that infuses America’s clearly hopeless “war on drugs.”

BANKSTERS AND DRUGGIES

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on April 16, 2020 at 3:50 am

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.

Scarface - 1983 film.jpg

Tony Montana (Pacino) is holding court in his Florida estate.  His visitor is a WASPish 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.” 

Then follows this exchange:

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: 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

In December, 2017, the  the Financial Industry Regulatory Authority fined Merrill Lynch $26 million for failing to identify suspicious money-transfer activities in customer accounts for years. 

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. 

Portrait of Niccolò Machiavelli by Santi di Tito.jpg

Niccolo Machiavelli

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.

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. 

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.

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.

THE WITNESS IS THE ENEMY: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 12, 2019 at 12:07 am

Donald Trump has a longstanding hatred of whistleblowers when they betray his crimes and follies. But he feels completely different about “flippers” when their revelations serve his interests.

On July 22, 2016, Wikileaks released 19,252 emails and 8,034 attachments hacked from computers of the highest-ranking officials of the Democratic National Committee (DNC).

Related image

The leak revealed a DNC bias for Hillary Clinton and against her lone challenger, Vermont United States Senator Bernie Sanders. Clinton, who was about to receive the Democratic nomination for President, was thoroughly embarrassed. Sanders’ supporters were enraged.

Presidential candidate Trump’s reaction:

  • “WikiLeaks, I love WikiLeaks.”
  • “This WikiLeaks stuff is unbelievable. It tells you the inner heart, you gotta read it.” 
  • This WikiLeaks is like a treasure trove.”
  • “WikiLeaks just came out with a new one just a little while ago it’s just been shown that a rigged system with more collusion, probably illegal, between the Department of Justice the Clinton campaign and the State Department, you saw that.”

But now Trump has reverted to his longtime hatred of “leakers.”

In July, 2019, he told his acting chief of staff, Mick Mulvaney, to withhold almost $400 million in promised military aid for Ukraine, which faces increasing aggression from Russia.

On July 25, Trump telephoned Ukrainian President Volodymyr Zelensky to “request” a “favor”: Investigate Democratic Presidential Candidate Joe Biden and his son, Hunter, who has had business dealings in Ukraine.

The reason for such an investigation: To find embarrassing “dirt” on Biden.

Biden 2013.jpg

Joe Biden

But then a CIA whistleblower filed a complaint about the extortion attempt—and the media and Congress soon learned of it. 

Rep. Adam Schiff (D-Calif.) tweeted: “The transcript of the call reads like a classic mob shakedown: — We do a lot for Ukraine — There’s not much reciprocity — I have a favor to ask — Investigate my opponent — My people will be in touch — Nice country you got there. It would be a shame if something happened to her.”

On September 24, 2019, Nancy Pelosi, speaker to the House of Representatives, announced a formal impeachment inquiry into Trump.

On September 26, Trump told a private group at a midtown hotel: “I want to know who’s the person, who’s the person who gave the whistleblower the information? Because that’s close to a spy.

“You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.” 

Image result for Official White House photos of Donald Trump

Trump can’t refute the sheer number of witnesses who have testified to his extortion attempt on Ukraine. So he now seeks to shift blame to the person who originally testified to his extortion.

On November 6, his son, Donald, Jr., tweeted out an article which might—or might not—have contained the name of the Intelligence community whistleblower.

A Trump shill later claimed that Trump hadn’t known about his son’s efforts to attack that official.

The law firm, Kohn, Kohn & Colapinto, LLP, called on Attorney General William Barr to open a criminal investigation into any leaks of the whistleblower’s identity. 

“As attorneys representing whistleblowers for over 35-years we are extremely concerned about the nation-wide ‘chilling effect’ the disclosure of the identity of any intelligence community whistleblower will necessary cause. Whistleblowers need to reassurance that the laws protecting them will be strictly enforced. 

“If the [whistleblower’s] name is revealed by any person, including Donald Trump, Jr., we hereby request that the persons engaging in this obstruction of justice be immediately arrested.” 

Yet Barr, as Trump’s handpicked Attorney General, has so far refused to take any action against those in violation of whistleblower statutes. 

The Occupational Safety and Health Administration (OSHA) enforces the provisions of more than 20 whistleblower statutes protecting employees from retaliation for reporting violations of various workplace-related laws.

Image result for official seal of osha

According to a 2002 amendment to the federal retaliation statute:

“Whoever knowingly, with intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.”

These forbid an employer to fire, lay off, threaten, reduce pay or hours, blacklist, demote, deny overtime, benefits or promotion to anyone protected by such laws.

One such witness is Lt. Col. Alexander Vindman, an expert on Ukraine. A member of the National Security Council, he felt it improper for a President to ask a foreign leader to investigate an American citizen.

Trump called Vindman, a Purple Heart winner who was wounded in Iraq, “Yesterday’s Never Trumper witness.” 

Ultimately, the identity of the whistleblower doesn’t matter.

As Representative Eric Swalwell (D-CA) tweeted on November 8: “One more time for the people in the back: The whistleblower pulled the fire alarm. The 1st responders showed up and saw smoke, flames, and @realDonaldTrump holding matches. Does it matter who pulled the fire alarm?”

The truth of the original complaint about Trump’s extortion attempt has been repeatedly validated by multiple witnesses.

It now remains to be seen whether Republicans care more about the truth of that complaint—or bowing in subservience to a thoroughly corrupt President.

THE WITNESS IS THE ENEMY: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on November 11, 2019 at 12:07 am

Before 1966, witnesses who dared expose the deadly secrets of the Mafia came to a brutal end once trials ended. And sometimes before trials even began.

For example: In 1940, Abe “Kid Twist” Reles, a notorious hitman for Murder, Inc., the execution squad of the New York Mafia, turned State’s evidence against his cronies. His testimony sent his former boss, Louis “Lepke” Buchalter, to the electric chair for murder.

He was set to testify against Albert “The Executioner” Anastasia, the chief of Murder, Inc., in November, 1941. Then fate—or bribed police—intervened.

Reles was being guarded round-the-clock by a lieutenant and six detectives at the Half Moon Hotel in Coney Island. Nevertheless, he “fell” 42 feet to his death from his sixth-floor room. No one was prosecuted for his murder.

As Joseph Valachi, a future Mafia witness, later testified: “I never met anybody yet who thought Reles went out that window on purpose.”

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Abe “Kid Twist” Reles

In 1966, the United States Justice Department indicted Rhode Island Mafia Boss Raymond Patriarca. Thus, protection of its star witness, hitman Joseph “The Animal” Barboza, became a top priority.

Assigned to guard him was a small, handpicked detail of deputy U.S. marshals under the command of John Partington. For 18 months, the marshals foiled every effort by the Mafia to “clip” Barboza.

His testimony convicted a half-dozen top Mafiosi—including Patriarca. Then the marshals packed Barboza off to California under a new identity—and a new life.

Other Mafiosi—having run afoul of the Mafia and impressed by the success of the marshals in keeping Barboza alive—signed on as witnesses.

This, in turn, led the Justice Department to create an official Witness Security Program. By 2019, the Program had protected, relocated and given new identities to more than 8,600 witnesses and 9,900 of their family members.

Deputy U.S. marshals guarding a witness

Every President since John F. Kennedy has championed the vigorous prosecution of organized crime. And fueling this drive is the testimony of endangered witnesses requiring air-tight security.

Donald Trump is the first President to blatantly attack those who dare to “rat out” their former criminal associates.

On August 21, 2018, attorney Michael Cohen pleaded guilty in federal court in Manhattan to eight counts of campaign finance violations, tax fraud and bank fraud. He also said he had made illegal campaign contributions “in coordination and at the direction of a candidate for federal office”—Donald Trump.  

Among his revelations:

  • Trump has repeatedly asserted that Russia didn’t interfere with the 2016 Presidential election. But Cohen said he believed it did.
  • Trump has repeatedly claimed he had “no business” in Russia. But Cohen testified that the Trump Organization had sought to “pursue a branded property in Moscow.”
  • Trump denied having had sex with and paid off porn “actress” Stormy Daniels. But Cohen confirmed that Trump had instructed him to pay her $130,000 to buy her silence during the 2016 Presidential campaign.

On August 23, on the Fox News program, “Fox and Friends,” Trump attacked Cohen for “flipping” on him: “For 30, 40 years I’ve been watching flippers. Everything’s wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go. It—it almost ought to be outlawed. It’s not fair.

“You know, campaign violations are considered not a big deal, frankly. But if somebody defrauded a bank and he’s going to get 10 years in jail or 20 years in jail but if you can say something bad about Donald Trump and you’ll go down to two years or three years, which is the deal he made.”

Making “flipping” illegal would undo decades of organized crime prosecutions—and make future ones almost impossible.

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U.S. Department of Justice

To penetrate the secrets of criminal organizations, investigators and prosecutors need the testimony of those who are parties to those secrets.  

The Organized Crime Control Act of 1970 gave Justice Department prosecutors unprecedented weapons for attacking crime syndicates across the country. One of these was the authority to give witnesses immunity from prosecution on the basis of their own testimony.

Thus, a witness to a criminal conspiracy could be forced to tell all he knew—and thus implicate his accomplices—and bosses. In turn, he wouldn’t be prosecuted on the basis of his testimony. 

Organized crime members aggressively damn such “rats.” There is no more obscene word in a mobster’s vocabulary.

But no President—until Trump—has ever attacked those who make possible a war on organized crime. 

On August 19, he tweeted: “The failing @nytimes wrote a Fake piece today implying that because White House Councel [sic] Don McGahn was giving hours of testimony to the Special Councel [sic] he must be a John Dean type ‘RAT.’

“But I allowed him and all others to testify – I didn’t have to. I have nothing to hide……” 

In 1973, former White House Counsel John Dean testified before the United States Senate on a litany of crimes committed by President Richard M. Nixon. Dean didn’t lie about Nixon—who ultimately resigned in disgrace.

For Trump, Dean’s sin is that he “flipped” on his former boss, violating the Mafia’s code of omerta, or silence. 

But Trump feels completely different abut “flippers” when their revelations serve his interests.

TRUMP HATES/LOVES “RATS”: PART TWO (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on October 1, 2019 at 12:08 am

Former FBI Director James Comey has had firsthand experience in attacking organized crime—and in spotting its leaders.

In his bestselling memoir, A Higher Loyalty, he writes:

“As I found myself thrust into the Trump orbit, I once again was having flashbacks to my earlier career as a prosecutor against the mob. The silent circle of assent. The boss in complete control. The loyalty oaths. The us-versus-them worldview. The lying about all things, large and small, in service to some code of loyalty that put the organization above morality and the truth.” 

James Comey official portrait.jpg

James Comey

Validating Comey’s comparison of Trump to a mobster:

On August 21, 2018, Trump’s former attorney, Michael Cohen, pleaded guilty to eight counts of campaign finance violations, tax fraud and bank fraud. He also said he had made illegal campaign contributions “in coordination and at the direction of a candidate for federal office”—Donald Trump.

On August 23, on the Fox News program, “Fox and Friends,” Trump attacked Cohen for “flipping” on him:  

“For 30, 40 years I’ve been watching flippers. Everything’s wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go. It—it almost ought to be outlawed. It’s not fair.”

Making “flipping” illegal would undo decades of organized crime prosecutions—and make future ones almost impossible.

Image result for united states department of justice building

United States Department of Justice

To penetrate the secrets of criminal organizations, investigators and prosecutors need the testimony of those who are parties to those secrets.  

The Organized Crime Control Act of 1970 gave Justice Department prosecutors unprecedented weapons for attacking crime syndicates across the country. One of these was the authority to give witnesses immunity from prosecution on the basis of their own testimony.

Thus, a witness to a criminal conspiracy could be forced to tell all he knew—and thus implicate his accomplices—and bosses. In turn, he wouldn’t be prosecuted on the basis of his testimony. 

Organized crime members aggressively damn such “rats.” There is no more obscene word in a mobster’s vocabulary.

But no President—until Trump—has ever attacked those who make possible a war on organized crime. 

On August 19, he tweeted: 

“The failing @nytimes wrote a Fake piece today implying that because White House Councel Don McGahn was giving hours of testimony to the Special Councel, he must be a John Dean type “RAT.” But I allowed him and all others to testify – I didn’t have to. I have nothing to hide……” 

In 1973, former White House Counsel John Dean testified before the United States Senate on a litany of crimes committed by President Richard M. Nixon. Dean didn’t lie about Nixon—who ultimately resigned in disgrace.

For Trump, Dean’s sin is that he “flipped” on his former boss, violating the Mafia’s code of omerta, or silence. 

But Trump feels completely different abut “flippers” when their revelations serve his interests.

On July 22, 2016, Wikileaks released 19,252 emails and 8,034 attachments hacked from computers of the highest-ranking officials of the Democratic National Committee (DNC).

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The leak revealed a DNC bias for Hillary Clinton and against her lone challenger, Vermont United States Senator Bernie Sanders. Clinton, who was about to receive the Democratic nomination for President, was thoroughly embarrassed. Sanders’ supporters were enraged.

Donald Trump’s reaction:

  • “WikiLeaks, I love WikiLeaks.”
  • “This WikiLeaks stuff is unbelievable. It tells you the inner heart, you gotta read it.” 
  • This WikiLeaks is like a treasure trove.”
  • “WikiLeaks just came out with a new one just a little while ago it’s just been shown that a rigged system with more collusion, probably illegal, between the Department of Justice the Clinton campaign and the State Department, you saw that.”

But now Trump has reverted to his longtime hatred of “leakers.”

In July, 2019, he told his acting chief of staff, Mick Mulvaney, to withhold almost $400 million in promised military aid for Ukraine, which faces increasing aggression from Russia.

On July 25, Trump telephoned Ukrainian President Volodymyr Zelensky to “request” a “favor”: Investigate Democratic Presidential Candidate Joe Biden and his son, Hunter, who has had business dealings in Ukraine.

The reason for such an investigation: To find embarrassing “dirt” on Biden.

But then a CIA whistleblower filed a complaint about the extortion attempt—and the media and Congress soon learned of it. 

Rep. Adam Schiff, D-Calif., tweeted: “The transcript of the call reads like a classic mob shakedown: — We do a lot for Ukraine — There’s not much reciprocity — I have a favor to ask — Investigate my opponent — My people will be in touch — Nice country you got there. It would be a shame if something happened to her.”

On September 24, 2019, Nancy Pelosi, speaker to the House of Representatives, announced a formal impeachment inquiry into Trump.

On September 26, Trump told a private group at a midtown hotel: “I want to know who’s the person, who’s the person who gave the whistleblower the information? Because that’s close to a spy.

“You know what we used to do in the old days when we were smart? Right? The spies and treason, we used to handle it a little differently than we do now.”

TRUMP HATES/LOVES “RATS”: PART ONE (OF TWO)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on September 30, 2019 at 12:06 am

Donald Trump resembles his fellow New Yorker, Mafia “Boss of all Bosses” John Gotti, in more ways than he would like to admit. Among these:

  • He craves publicity like a drug.
  • His egomania long ago reached psychotic heights: In a 1990 interview with Playboy magazine, he offered his worldview: “The show is Trump, and it is sold-out performances everywhere.” 
  • He impulsively and brutally badmouths virtually everyone—in press conferences and on Twitter. 
  • He brags constantly—about his wealth, his intelligence, his sexual prowess, his achievements: “My fingers are long and beautiful, as, it has been well documented, are various other parts of my body.”  
  • He has bought his way out of legal trouble: Florida Attorney General Pam Bondi personally solicited a political contribution from him while her office deliberated joining an investigation of alleged fraud at Trump University and its affiliates. After Bondi dropped the case against Trump, he wrote her a $25,000 check for her re-election campaign. 

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 Donald Trump

  • He repeatedly threatens violence against his opponents: On March 16, 2016, he warned Republicans that if he didn’t win the GOP nomination in July, “I think you’d have riots….I think bad things would happen.” 
  • Although not a member of the Mafia, he has often been linked—directly or indirectly—to men who are, such as “Anthony Fat Tony” Salerno and Paul Castellano.
  • He prizes being seen as a tough guy: “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose voters.” At a Las Vegas rally in 2016, he said about a protester: “I’d like to punch him in the face.”
  • He has no loyalty to anyone. He has badmouthed—and fired—such ardent supporters as his ex-Chief of Staff Reince Priebus and former Attorney General Jeff Sessions.
  • He has an unrelenting hatred for “rats” who prove equally disloyal to him.

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John Gotti

Consider the case of attorney Michael Cohen.

  • An executive of the Trump Organization, Cohen acted as “Trump’s pit bull.” “If somebody does something Mr. Trump doesn’t like,” he told ABC News in 2011, “I do everything in my power to resolve it to Mr. Trump’s benefit.”
  • In 2015, a reporter for The Daily Beast asked Cohen about Ivana Trump’s charge (later recanted) that Trump had raped her while they were married. Cohen: “I’m warning you, tread very fucking lightly, because what I’m going to do to you is going to be fucking disgusting.”
  • In 2016, while Trump was running for President, Cohen acted as the go-between for a $130,000 hush-money payoff to porn “star” Stormy Daniels. The reason: To prevent her from revealing a 2006 tryst she had had with Trump.  

In April 2018, the United States Attorney for the Southern District of New York began investigating Cohen. Charges reportedly included bank fraud, wire fraud and violations of campaign finance law.

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Michael Cohen

By IowaPolitics.com (Trump executive Michael Cohen 012) [CC BY-SA 2.0 (https://creativecommons.org/licenses/by-sa/2.0)%5D, via Wikimedia Commons

On April 9, 2018, the FBI, executing a federal search warrant, raided Cohen’s office at the law firm of Squire Patton Boggs, as well as at his home and his hotel room in the Loews Regency Hotel in New York City. Agents seized emails, tax and business records and recordings of phone conversations that Cohen had made.

Trump’s response: “Michael Cohen only handled a tiny, tiny fraction of my legal work.”  

Thus Trump undermined the argument of Cohen’s lawyers that he was the President’s personal attorney—and therefore everything Cohen did was protected by attorney-client privilege.

Cohen,  feeling abandoned and enraged, struck back: He “rolled over” on the man he had once boasted he would take a bullet for.

On August 21, 2018, Cohen pleaded guilty in federal court in Manhattan to eight counts of campaign finance violations, tax fraud and bank fraud. He also said he had made illegal campaign contributions “in coordination and at the direction of a candidate for federal office”—Donald Trump.

Among his revelations:

  • Trump has repeatedly asserted that Russia didn’t interfere with the 2016 Presidential election. But Cohen said he believed it did.
  • Trump has repeatedly claimed he had “no business” in Russia. But Cohen testified that the Trump Organization had sought to “pursue a branded property in Moscow.”
  • Trump denied having had sex with and paid off porn “actress” Stormy Daniels. But Cohen confirmed that Trump had instructed him to pay her $130,000 to buy her silence during the 2016 Presidential campaign.

On August 23, on the Fox News program, “Fox and Friends,” Trump attacked Cohen for “flipping” on him:

“For 30, 40 years I’ve been watching flippers. Everything’s wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go. It—it almost ought to be outlawed. It’s not fair.

“You know, campaign violations are considered not a big deal, frankly. But if somebody defrauded a bank and he’s going to get 10 years in jail or 20 years in jail but if you can say something bad about Donald Trump and you’ll go down to two years or three years, which is the deal he made.”

THE PRESIDENT AS MAFIA BOSS

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on August 28, 2018 at 12:24 am

James Comey has had a long and distinguished career in American law enforcement:

  • 2002 – 2003:  United States Attorney for the Southern District of New York
  • 2003 – 2005:  United States Deputy Attorney General
  • 2013 – 2017:  Director of the Federal Bureau of Investigation

As a result, Comey has firsthand experience in attacking organized crime—and in spotting its leaders.

In his bestselling memoir, A Higher Loyalty, he writes:

“As I found myself thrust into the Trump orbit, I once again was having flashbacks to my earlier career as a prosecutor against the mob. The silent circle of assent. The boss in complete control. The loyalty oaths. The us-versus-them worldview. The lying about all things, large and small, in service to some code of loyalty that put the organization above morality and the truth.” 

On May 9, 2017, President Donald Trump fired Comey as FBI director. There were five reasons for this:

  • Comey had refused to pledge his personal loyalty to Trump. Trump had made the “request” during a private dinner at the White House in January.
  • Comey told Trump that he would always be honest with him. But that didn’t satisfy Trump’s demand that the head of the FBI act as his personal secret police chief—as was the case in the former Soviet Union.
  • Trump had tried to coerce Comey into dropping the FBI’s investigation into former National Security Adviser Michael Flynn, for his secret ties to Russia and Turkey. Comey had similarly resisted that demand. 
  • Comey had recently asked the Justice Department to fund an expanded FBI investigation into well-documented contacts between Trump’s 2016 Presidential campaign and Russian Intelligence agents.
  • The goal of that collaboration: To elect Trump over Hillary Clinton, a longtime foe of Russian President Vladimir Putin. 

James Comey official portrait.jpg

James Comey

Trump and his shills have adamantly denied that he demanded that Comey serve as his private police chief. 

But now Trump has proved that he—and not Comey—was the liar. And more like a mobster than a President.

On August 21, his former attorney, Michael Cohen, pleaded guilty to eight counts of campaign finance violations, tax fraud and bank fraud. And, more worrisome for Trump, Cohen said he had made illegal campaign contributions “in coordination and at the direction of a candidate for federal office”—Donald Trump.

On August 23, on the Fox News program, “Fox and Friends,” Trump attacked Cohen for “flipping” on him: 

“For 30, 40 years I’ve been watching flippers. Everything’s wonderful and then they get 10 years in jail and they—they flip on whoever the next highest one is, or as high as you can go. It—it almost ought to be outlawed. It’s not fair. 

“You know, campaign violations are considered not a big deal, frankly. But if somebody defrauded a bank and he’s going to get 10 years in jail or 20 years in jail but if you can say something bad about Donald Trump and you’ll go down to two years or three years, which is the deal he made.”

Image result for Meme: White House says the FBI has "extreme bias" against Trump"

Making “flipping” illegal would undo decades of organized crime prosecutions—and make future ones almost impossible.

“It takes a small bum to catch a big bum,” as one deputy U.S. marshal once stated.

Boy Scouts simply won’t hang out with career criminals. To penetrate the secrets of criminal organizations, investigators and prosecutors need the testimony of those who are parties to those secrets.  

The Organized Crime Control Act of 1970 gave Justice Department prosecutors unprecedented weapons for attacking crime syndicates across the country. One of these was the authority to give witnesses immunity from prosecution on the basis of their own testimony.

Thus, a witness to a criminal conspiracy could be forced to tell all he knew—and thus implicate his accomplices—and bosses. In turn, he wouldn’t be prosecuted on the basis of his testimony. (He could, however, be prosecuted if someone else accused him of criminal acts.)

Organized crime members aggressively damn such “rats.” There is no more obscene word in a mobster’s vocabulary.

But no President—until Trump—has ever attacked those who make possible a war on organized crime. 

On August 19, he tweeted: 

“The failing @nytimes wrote a Fake piece today implying that because White House Councel Don McGahn was giving hours of testimony to the Special Councel, he must be a John Dean type “RAT.” But I allowed him and all others to testify – I didn’t have to. I have nothing to hide……” 

In 1973, former White House Counsel John Dean testified before the United States Senate on a litany of crimes committed by President Richard M. Nixon. Dean didn’t lie about Nixon—who ultimately resigned in disgrace.

For Trump, Dean’s sin is that he “flipped” on his former boss, violating the Mafia’s code of omerta, or silence. 

Trump knows better than most how dangerous a “flipper” can be. His former lawyer and mentor, Roy Cohn, represented some of the most notorious Mafiosi in the country—such as John Gotti and Carmine Galante. 

And both Gotti and Galante went to prison owing to “flippers.”

For Donald Trump, there is no greater nightmare than becoming the victim of those who know—and are willing to share—his criminal secrets.

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