Friday, June 06, 2008
Federal investigators are still sorting through HUD contract awards to friends of Secretary Alphonso Jackson
The small Texas property-management company had no experience overseeing hundreds of defaulted homes across the country. It did have two former Reagan administration officials at the helm and warm relations with senior Republican appointees at the federal housing agency.
During a few weeks in 2004, the three-employee company, Harrington, Moran and Barksdale Inc. (HMBI), went from no government work to landing $71 million in contracts with the U.S. Department of Housing and Urban Development to oversee the upkeep and sale of defaulted homes. It had previously managed a handful of apartment buildings and development projects.
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Federal investigators are still sorting through HUD contract awards to friends of Secretary Alphonso Jackson, who resigned last month amid a criminal probe. But some career staff members and agency observers say problems in the agency's contracting process run much deeper than Jackson and involve officials who promoted certain companies while rebuffing concerns about their performance and qualifications. ...
Monday, June 02, 2008
McCain economic policy shaped by lobbyist - representing Swiss bank UBS in mortgage crisis
with Keith Olbermann | MSNBC | May. 27, 2008
Swiss bank paid McCain co-chair to push agenda on U.S. mortgage crisis
Republican presidential candidate Sen. John McCain’s national campaign general co-chair was being paid by a Swiss bank to lobby Congress about the U.S. mortgage crisis at the same time he was advising McCain about his economic policy, federal records show. [See sidebar.]
“Countdown with Keith Olbermann” reported Tuesday night that lobbying disclosure forms, filed by the giant Swiss bank UBS, list McCain’s campaign co-chair, former Texas Sen. Phil Gramm, as a lobbyist dealing specifically with legislation regarding the mortgage crisis as recently as Dec. 31, 2007.
Gramm joined the bank in 2002 and had registered as a lobbyist by 2004. UBS filed paperwork deregistering Gramm on April 18 of this year. Gramm continues to serve as a UBS vice chairman. ,,,
Tuesday, May 27, 2008
they fear she is among tens of thousands of youngsters who may face lifelong health problems [... from FEMA trailers]
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The girl, diagnosed with severe asthma, must inhale medicine from a breathing device.
Doctors cannot conclusively link her asthma to the trailer. But they fear she is among tens of thousands of youngsters who may face lifelong health problems because the temporary housing supplied by the Federal Emergency Management Agency contained formaldehyde fumes up to five times the safe level.
The chemical, used in interior glue, was detected in many of the 143,000 trailers sent to the Gulf Coast in 2006. But a push to get residents out of them, spearheaded by FEMA and the Centers for Disease Control and Prevention, did not begin until this past February.
Members of Congress and CDC insiders say the agencies' delay in recognizing the danger is being compounded by studies that will be virtually useless and the lack of a plan to treat children as they grow.
"It's tragic that when people most need the protection, they are actually going from one disaster to a health disaster that might be considered worse," said Christopher De Rosa, assistant director for toxicology and risk assessment at the federal Agency for Toxic Substances and Disease Registry, an arm of the CDC. "Given the longer-term implications of exposure that went on for a significant period of time, people should be followed through time for possible effects." ...
Sunday, May 25, 2008
FCC wants to regulate fees charged to cell phone users who cancel their wireless contracts early [... blocking lawsuits and after 5 + years inaction?
WASHINGTON (AP) -- The head of the Federal Communications Commission said Friday he wants to regulate fees charged to cell phone users who cancel their wireless contracts early.
At a news conference, FCC Chairman Kevin Martin would not say whether he endorses an industry plan to help consumers avoid "early termination fees" as detailed by The Associated Press earlier this week.
...
Martin said industry and consumer groups were negotiating to reach an agreement to ease the fees, which have infuriated consumers. But so far, they have been unable to reach a consensus.
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Verizon Wireless, the nation's No. 2 cell phone company, has offered a plan that would give consumers a break on fees charged when they quit their service early. But it also would let cell phone companies off the hook in state courts where they are being sued for hundreds of millions of dollars by angry customers.
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Wireless companies say cancellation fees are necessary to recover the cost of cell phones, which they subsidize under long-term service contracts, and to defray their costs for signing up new customers. Consumer groups said the fees are unreasonable and intended to discourage customers from switching among providers. ...
Saturday, May 24, 2008
[Bush Legacy] War Abroad and Poverty at Home : Information Clearing House -dollar down 60% in Euros, 80% in oil, Oil imports soar from $100B to $500B
...
The “world’s only superpower” is so broke it can’t even finance its own wars.
Each additional dollar that the irresponsible Bush Regime has to solicit from foreigners puts more downward pressure on the dollar’s value. During the eight wasted and extravagant years of the Bush Regime, the once mighty US dollar has lost about 60% of its value against the euro.
The dollar has lost even more of its value against gold and oil.
Before Bush began his wars of aggression, oil was $25 a barrel. Today it is $130 a barrel. Some of this rise may result from run-away speculation in the futures market. However, the main cause is the eroding value of the dollar. Oil is real, and unlike paper dollars is limited in supply. With US massive trade and budget deficits, the outpouring of dollar obligations mounts, thus driving down the value of the dollar.
Each time the dollar price of oil rises, the US trade deficit rises, requiring more foreign financing of US energy use. Bush has managed to drive the US oil import bill up from $106 billion in 2006 to approximately $500 billion 18 months later--every dollar of which has to be financed by foreigners.
...
The disappearing value of the US dollar, which pushes up oil prices and raises the trade deficit, then pushes up heating subsidies and raises the budget deficit.
If oil was the reason Bush invaded Iraq, the plan obviously backfired. Oil not merely doubled or tripled in price but quintupled.
America’s political leaders either have no awareness that Bush’s wars are destroying our country’s economic position and permanently lowering the living standards of Americans or they do not care. McCain says he can win the war in Iraq in five more years and in the meantime “challenge” Russia and China. Hillary says she will “obliterate” Iran. Obama can’t make up his mind if he is for war or against it.
The Bush Regime’s inability to pay the bills it is piling up for Americans means that future US governments will cut promised benefits and further impoverish the people. Over a year ago The Nation reported that the Bush Regime is shedding veteran costs by attributing consequences of serious war wounds to “personality disorders” in order to deny soldiers promised benefits.
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The Republican Party is willing to fund war, but sees everything else as an extravagance. The neoconized war party is destroying the economic prospects of American citizens. Is “war abroad and poverty at home” the Republican campaign slogan for the November election?
Paul Craig Roberts wrote the Kemp-Roth bill and was assistant secretary of the Treasury in the Reagan administration. He was associate editor of the Wall Street Journal editorial page and contributing editor of National Review. ...
Big Oil's Ballot Bets ... [funding the Republican party]
#1 Rudolph W. Giuliani Republican $678,258
#2 John McCain Republican $515,486
#3 Mitt Romney Republican $469,544
#4 Hillary Clinton Democrat $353,723
#5 Barack Obama Democrat $266,097
Congressional Contributions:
#1 Kay Bailey Hutchison Senate (R-TX) $300,161
#2 Joe Barton House (R-TX) $184,300
#3 John Cornyn Senate (R-TX) $180,000
#4 Bob Corker Senate (R-TN) $173,700
#5 Mary Fallin House (R-OK) $162,450
#6 Heather Wilson House (R-NM) $144,000
#7 Dennis Hastert House (R-IL) $134,600
#8 Jon Kyl Senate (R-AZ) $133,700
#9 Steve Pearce House (R-NM) $121,578
#10 Barbara Cubin House (R-WY) $119,150
Friday, May 23, 2008
Justice Dept appointed 30+ former prosecutors as well-paid monoitors so companies avoid criminal prosecution ...
WASHINGTON — The Justice Department has appointed at least 30 former prosecutors and other government officials as well-paid corporate monitors in arrangements that allow companies to avoid criminal prosecution, according to government data released Thursday by Congress.
In the last few years, the Justice Department has turned more and more often to “deferred prosecutions” to get companies suspected of wrongdoing to pay fines and change their practices without being charged criminally. Often, a corporate monitor is brought in to check on the company’s progress and ensure compliance.
The practice drew attention this year after it was disclosed that John Ashcroft, the former attorney general, had been selected by Christopher J. Christie, the United States attorney for New Jersey, as a corporate monitor for a medical supply company. The job, assigned without competitive bidding, would pay Mr. Ashcroft’s consulting firm up to $52 million. Mr. Ashcroft said at a contentious Congressional hearing in March that there was nothing improper about the arrangement.
Since then, Democrats in Congress have been pressing for more information about the use of deferred prosecutions, and the Justice Department responded Thursday by releasing documents showing that it had turned to the corporate agreements 85 times in recent years. (Congressional investigators said they had identified 12 agreements that were not included in the Justice Department’s list, for a total of 97.) ...
Thursday, May 22, 2008
... so-called “climate-ready” crops will be used to drive farmers and governments onto a proprietary biotech platform
First the biotech industry promised that its genetically engineered seeds would clean up the environment. Then they told us biotech crops would feed the world. Neither came to pass. Soon we’ll hear that genetically engineered climate-hardy seeds are the essential adaptation strategy for crops to withstand drought, heat, cold, saline soils and more.
After failing to convince an unwilling public to accept genetically engineered foods, biotech companies see a silver lining in climate change. They are now asserting that farmers cannot win the war against climate change without genetic engineering. According to a new report from ETC Group, the world’s largest seed and agrochemical corporations such as Monsanto, BASF, DuPont, Syngenta, Bayer, and Dow — along with biotech partners such as Mendel, Ceres, and Evogene — are stockpiling hundreds of patents and patent applications on crop genes related to environmental stress tolerance at patent offices around the world. They have acquired a total of 55 patent families corresponding to 532 patents and patent applications.
In the face of climate chaos and a deepening world food crisis, the Gene Giants are gearing up for a PR offensive to re-brand themselves as climate saviors. The companies hope to convince governments and reluctant consumers that genetic engineering is the essential adaptation strategy to insure agricultural productivity. In the words of Keith Jones of CropLife International, an industry-supported non-profit organization, “GM foods are exactly the technology that may be necessary to counter the effects of global warming.” But rather than an effective way to confront climate change, these so-called “climate-ready” crops will be used to drive farmers and governments onto a proprietary biotech platform. ...
[Three] Firms Seek Patents on 'Climate Ready' Altered Crops - to control two-thirds of climate-related controls ...
A handful of the world's largest agricultural biotechnology companies are seeking hundreds of patents on gene-altered crops designed to withstand drought and other environmental stresses, part of a race for dominance in the potentially lucrative market for crops that can handle global warming, according to a report being released today.
Three companies -- BASF of Germany, Syngenta of Switzerland and Monsanto of St. Louis -- have filed applications to control nearly two-thirds of the climate-related gene families submitted to patent offices worldwide, according to the report by the Ottawa-based ETC Group, an activist organization that advocates for subsistence farmers.
The applications say that the new "climate ready" genes will help crops survive drought, flooding, saltwater incursions, high temperatures and increased ultraviolet radiation -- all of which are predicted to undermine food security in coming decades.
Company officials dismissed the report's contention that the applications amount to an intellectual-property "grab," countering that gene-altered plants will be crucial to solving world hunger but will never be developed without patent protections. ...
Wednesday, May 21, 2008
A tax break for horse owners was included by Senate Minority Leader Mitch McConnell, R-Ky
... the bill “contains something for everyone” — including the following important project tucked within the massive bill:
A tax break for horse owners was included by Senate Minority Leader Mitch McConnell, R-Ky.
Politico’s Crypt explains:
The measure would essentially allow race horse owners — who pay millions for Triple Crown contenders — to write down their investment over four years. … Senate aides say it will cost between $60 million and $70 million.
McConnell’s measure is a shameless ploy for votes in Kentucky. His spokesman claimed, “it’s the largest agricultural product in Kentucky.” But the tax break would most likely apply only to the very wealthy; after all, the average cost of training and racing one racehorse is $30,000 per year — which does not include purchase price of the horse, anywhere from $12,000 to millions.
The millionaire-only earmark is just McConnell’s latest attempt to have it both ways on pork barrel spending. After securing nearly $195 million in earmarks for FY2008, he voted in favor of a one-year earmark moratorium in March. Yet his “eleventh hour” decision earned him criticism that he was “playing both sides by not lobbying for the measure, which ensured that it failed, while voting for the amendment in order to insulate himself from attacks on the right.”
Lobbyists: This is our thanks? - Jeanne Cummings - Politico.com
By JEANNE CUMMINGS | 5/21/08 4:29 AM EST
More than a few Republican lobbyists in Washington are scratching their heads these days, asking: So this is the thanks we get?
It was a small band of loyal lobbyists who stood by presumptive Republican presidential nominee John McCain last August when his campaign went broke and his White House aspirations seemed doomed.
They raised money for him under impossible odds and kept him company in budget hotels during his darkest days.
Now they are under siege as McCain purges active lobbyists from his campaign team in a quest to wrest the reformist title from Democrat Barack Obama, his likely opponent in this fall’s general election. ...
Thursday, May 15, 2008
Michael Medved: istinctive, unifying, risk-taking American DNA ... except for slaves [Hee'l be back on TV without questions! ed.]
Did someone declare this National Flaming Racist Idiot week, and I just didn't notice until now? You have got to read Michael Medved's latest foray into pseudoscience: he has declared American superiority to be genetic, encoded in our good old American DNA. Because our ancestors were immigrants, who were risk-takers, who were selected for their energy and aggressiveness. Oh, except for those who are descended from slaves.
The idea of a distinctive, unifying, risk-taking American DNA might also help to explain our most persistent and painful racial divide - between the progeny of every immigrant nationality that chose to come here, and the one significant group that exercised no choice in making their journey to the U.S. Nothing in the horrific ordeal of African slaves, seized from their homes against their will, reflected a genetic predisposition to risk-taking, or any sort of self-selection based on personality traits. ...
But, he hastens to add, modern African-American genetics have been leavened with the genes of recent, self-selected immigrants from the Caribbean and Africa, so their unfortunate stay-at-home genes have a "less decisive influence". ...
Payday loan law loophole swallows borrowers whole -- -- chicagotribune.com
He emptied his family's insurance policies and retirement savings, borrowed from family and friends, and went short of food.
Why? To keep up with $2,000 in loans he had taken out without realizing that the 701 percent annual interest rate meant he would have to repay $5,848 in 4 1/2 months.
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The 2005 law capped rates on one type of loan: short-term "payday" loans taken out for up to 120 days are limited to 403 percent annual interest. The law also imposed protections aimed at keeping borrowers from falling into debt traps, such as limiting the number of loans to two and allowing borrowers to work out a repayment plan.
Soon after the law took effect, however, many lenders began directing borrowers to loans of 121 days or longer that did not include such safeguards, consumer advocates say. State officials acknowledge they have received complaints from consumers who claim they were shifted to the costlier loans.
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Money to politicians
A February report from the Illinois Campaign for Political Reform indicated that the industry gave $1.8 million to incumbents and candidates for statewide and legislative offices since 2001, and top industry donors have given $862,600 since 2005.
Three of 4 sitting state senators have reported contributions since 2005 and 4 of 5 sitting state House members reported contributions, according to the reform organization's report. ...
Wednesday, May 14, 2008
The belief that governments were being run by "a few big interests" was particularly pervasive ... United States (80 percent)
WASHINGTON, May12 (IPS) - The basic democratic principle that "the will of the people should be the basis for the authority of government" is supported by overwhelming majorities throughout the world, according to a major new survey of more than 17,000 adults in 19 countries released here Monday.
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And an average of 63 percent of respondents say their country is being run by a "few big interests looking out for themselves," rather than "for the benefit of all the people."
The belief that governments were being run by "a few big interests" was particularly pervasive in Ukraine (84 percent), Mexico (83 percent), the United States (80 percent), Nigeria and South Korea (78 percent), and Argentina (71 percent).
"The perception that governments are not responsive to the popular will appears to be contributing to the low levels of confidence in government found around the world," noted Steven Kull, who directs both the WPO and its parent organisation, the University of Maryland's Programme on International Policy Attitudes (PIPA). ...
Some 83 detainees have died in, or soon after, custody during the past five years.
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The cellmate yelled again. Another guard came by, looked in and called the nurse. This time she wanted Osman brought to the clinic. Forty minutes passed before guards brought a wheelchair to his cell. By then it was too late: Osman was barely alive when paramedics reached him. He soon died.
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Osman's death is a single tragedy in a larger story of life, death and often shabby medical care within an unseen network of special prisons for foreign detainees across the country. Some 33,000 people are crammed into these overcrowded compounds on a given day, waiting to be deported or for a judge to let them stay here.
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Some 83 detainees have died in, or soon after, custody during the past five years. The deaths are the loudest alarms about a system teetering on collapse. Actions taken -- or not taken -- by medical staff members may have contributed to 30 of those deaths, according to confidential internal reviews and the opinions of medical experts who reviewed some death files for The Post.
According to an analysis by The Post, most of the people who died were young. Thirty-two of the detainees were younger than 40, and only six were 70 or older. The deaths took place at dozens of sites across the country. The most at one location was six at the San Pedro compound near Los Angeles. ...
Friday, May 02, 2008
Behind TV Analysts, Pentagon’s Hidden Hand - New York Times ... consultants and military contractors ...
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The administration’s communications experts responded swiftly. Early one Friday morning, they put a group of retired military officers on one of the jets normally used by Vice President Dick Cheney and flew them to Cuba for a carefully orchestrated tour of Guantánamo.
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Hidden behind that appearance of objectivity, though, is a Pentagon information apparatus that has used those analysts in a campaign to generate favorable news coverage of the administration’s wartime performance, an examination by The New York Times has found.
The effort, which began with the buildup to the Iraq war and continues to this day, has sought to exploit ideological and military allegiances, and also a powerful financial dynamic: Most of the analysts have ties to military contractors vested in the very war policies they are asked to assess on air.
Those business relationships are hardly ever disclosed to the viewers, and sometimes not even to the networks themselves. But collectively, the men on the plane and several dozen other military analysts represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. ...
Sowing Disaster: Why We Need a New Farm Bill - CommonDreams.org
Congress passes its share of boondoggles, but there’s a real doozy on the docket April 18. If the nearly $300 billion Farm Bill passes in its current form, the American public will pay billions of dollars to large-scale farmers and food corporations for the following end results: an oversupply of unhealthful junk food that worsens our national obesity epidemic; severe depletion of soil and air through overuse of pesticides and destructive farming practices; and the hastened removal of small farms from the land, eroding the spirit and finances of rural communities across the U.S.
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Consider just a few numbers. Seventy-five percent of subsidies go to a handful of commodities (mostly wheat, corn, and oilseeds) used as food additives, making highly processed junk food cheap — while fruits and vegetables and whole foods get no payments at all. Nearly 70 percent of farm payments go to the top ten percent of the country’s biggest growers — while America loses one farm every half an hour, 15,000 per year. This form of corporate welfare encourages the ongoing consolidation of farming and food production into fewer hands while removing small and mid-sized farmers who can no longer compete in this unlevel playing field. Meanwhile, by skewing payments toward large-scale farming, these subsidies promote ecologically damaging intensive pesticide use and severe depletion of precious topsoils — while organic foods, often exorbitantly expensive, get no supports at all. As a nation we dump nearly half a million tons of toxic pesticides on the land, polluting the air, often sickening nearby residents, and tainting rivers and streams, to say nothing of our food supply which is covered in pesticide residue. ///
incidence of banking crises ... as high since 1980 as in any period since 1800 ... self-regulation [impossible]
The Financial Times article by Martin Wolf illustrates that a man who has alway been pro market can see the problems with no regulation and self policing of markets. While Wolf is right to point out that regulation and enforcement are also human activities that can generate their own follies, the work of the society is to set rules to protect people from the excesses of a given segment of society while maintaining the maximum freedom of those within the sector to be creative.
All agree now that:
- Risk management is appalling.
- Executive Compensation Incentives matter.
- Enhancing transparency is vital.
- Leverage is extreme.
What is not envisioned yet is how these changes will be made by a political system that is so dependent upon the campaign contributions from Wall Street. Self regulation is not viable. Having the market participants make the rules for themselves through legislative proxies who they fund is not much better. What is essential to this process is citizen scrutiny and participation. Citizens must blast through the tyranny of expertise that is used to intimidate them from participating in that which impacts their lives profoundly. They should also recognize that after the election the influence of voters will diminish for a couple of years.
Why financial regulation is both difficult and essentialBy Martin Wolf, Financial Times
Published: April 15 2008
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In an interim report on “market best practices”, the Institute for International Finance, an association of bankers, offers devastating self-criticism.* Here then are some of the weaknesses it identifies: “deteriorating lending standards by certain originators of credit”; a “decline of underwriting standards”; an “excessive reliance on poorly understood, poorly performing and less than adequate ratings of structured products”; and “difficulties in identifying where exposures reside”. Would you buy a voluntary code from people who describe their own mistakes in this brutal manner? I thought not. There are two powerful additional reasons for not doing so
First, in such a fiercely competitive business, a voluntary code is almost certainly not worth the paper it is written on. When they can get away with behaving irresponsibly, some will do so. This puts strong pressure on others. That is what Chuck Prince, former chief executive officer of Citigroup, meant when he told the FT that “as long as the music is playing, you’ve got to get up and dance”. So, as Willem Buiter of the London School of Economics remarks: “Self-regulation stands in relation to regulation the way self-importance stands in relation to importance.”
Second, the industry has form. The IIF itself was founded in 1983 in response to the developing country debt crisis. At that time, big parts of the west’s banking system were in effect bankrupt. Now, many upsets later, we have reached the “subprime crisis”. The IIF was created not only to represent the industry, but to improve its performance. It is clear that this has not worked.
Do not just take my word for it. Last month, Carmen Reinhart of the University of Maryland and Kenneth Rogoff of Harvard published an extraordinary paper on the long history of financial crises.** The chart shows that the incidence of banking crises (measured by the proportion of countries affected) has been as high since 1980 as in any period since 1800; that the incidence of crises is correlated with liberalisation of capital flows; and that there was, until 2007, a decline in the incidence of crises in the 2000s. ...
Thursday, May 01, 2008
Merck Wrote Drug Studies for Doctors ... raised broad questions about the validity of much of the drug industry’s published research
The drug maker Merck drafted dozens of research studies for a best-selling drug, then lined up prestigious doctors to put their names on the reports before publication, according to an article to be published Wednesday in a leading medical journal.
The article, based on documents unearthed in lawsuits over the pain drug Vioxx, provides a rare, detailed look in the industry practice of ghostwriting medical research studies that are then published in academic journals.
The lead author of Wednesday’s article, Dr. Joseph S. Ross of the Mount Sinai School of Medicine in New York, said a close look at the Merck documents raised broad questions about the validity of much of the drug industry’s published research, because the ghostwriting practice appears to be widespread.
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Combing through the documents, Dr. Ross and his colleagues unearthed internal Merck e-mail messages and documents about 96 journal publications, which included review articles and reports of clinical studies. While the Ross team said it was not necessarily raising questions about all 96 articles, it said that in many cases there was scant evidence that the recruited authors made substantive contributions.
One paper involved a study of Vioxx as a possible deterrent to Alzheimer’s progression.
The draft of the paper, dated August 2003, identified the lead writer as “External author?” But when it was published in 2005 in the journal Neuropsychopharmacology, the lead author was listed as Dr. Leon J. Thal, a well-known Alzheimer’s researcher at the University of California, San Diego. Dr. Thal was killed in an airplane crash last year.
The second author listed on the published Alzheimer’s paper, whose name had not been on the draft, was Dr. Ferris, the New York University professor. Dr. Ferris, reached by telephone Tuesday, said he had played an active role in the research and he was substantially involved in helping shape the final draft.
“It’s simply false that we didn’t contribute to the final publication,” Dr. Ferris said. ...
Trent Lott had nearly $1.3 million in political donations ... doling it out to lawmakers who hold sway over his clients
Writer
WASHINGTON (AP) -- Trent Lott had nearly $1.3 million in political donations left over when he quit the Senate to become a lobbyist. Now the former majority leader is doling it out to lawmakers who hold sway over his clients.
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More than 40 former members of Congress who are registered as lobbyists still have open campaign accounts or political action committees, some of them more than a decade after leaving office, according to a review of campaign finance records by The Associated Press. ...
Sunday, April 27, 2008
Monsanto's Harvest of Fear: Farmers call them the “seed police” and use words such as “Gestapo” and “Mafia” to describe their tactics
Monsanto already dominates America’s food chain with its genetically modified seeds. Now it has targeted milk production. Just as frightening as the corporation’s tactics–ruthless legal battles against small farmers–is its decades-long history of toxic contamination.
As Rinehart would recall, the man began verbally attacking him, saying he had proof that Rinehart had planted Monsanto’s genetically modified (G.M.) soybeans in violation of the company’s patent. Better come clean and settle with Monsanto, Rinehart says the man told him—or face the consequences.
Rinehart was incredulous, listening to the words as puzzled customers and employees looked on. Like many others in rural America, Rinehart knew of Monsanto’s fierce reputation for enforcing its patents and suing anyone who allegedly violated them. But Rinehart wasn’t a farmer. He wasn’t a seed dealer. He hadn’t planted any seeds or sold any seeds. He owned a small—a really small—country store in a town of 350 people. He was angry that somebody could just barge into the store and embarrass him in front of everyone. “It made me and my business look bad,” he says. Rinehart says he told the intruder, “You got the wrong guy.”
When the stranger persisted, Rinehart showed him the door. On the way out the man kept making threats. Rinehart says he can’t remember the exact words, but they were to the effect of: “Monsanto is big. You can’t win. We will get you. You will pay.”
Scenes like this are playing out in many parts of rural America these days as Monsanto goes after farmers, farmers’ co-ops, seed dealers—anyone it suspects may have infringed its patents of genetically modified seeds. As interviews and reams of court documents reveal, Monsanto relies on a shadowy army of private investigators and agents in the American heartland to strike fear into farm country. They fan out into fields and farm towns, where they secretly videotape and photograph farmers, store owners, and co-ops; infiltrate community meetings; and gather information from informants about farming activities. Farmers say that some Monsanto agents pretend to be surveyors. Others confront farmers on their land and try to pressure them to sign papers giving Monsanto access to their private records. Farmers call them the “seed police” and use words such as “Gestapo” and “Mafia” to describe their tactics. ...
A Developer, His Deals and His Ties to McCain
Donald R. Diamond, a wealthy Arizona real estate developer, was racing to snap up a stretch of virgin California coast freed by the closing of an Army base a decade ago when he turned to an old friend, Senator John McCain.
...
... When he appealed to a nearby city for the right to develop other property at the former base, Mr. Diamond submitted Mr. McCain’s endorsement as “a close personal friend.”
Writing to officials in the city, Seaside, Calif., the senator said, “You will find him as honorable and committed as I have.”
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A longtime political patron, Mr. Diamond is one of the elite fund-raisers Mr. McCain’s current presidential campaign calls Innovators, having raised more than $250,000 so far. ...
[Monsanto] Genetically Modified soya produces about 10 per cent less food than its conventional equivalent ...
Sunday, 20 April 2008
Genetic modification actually cuts the productivity of crops, an authoritative new study shows, undermining repeated claims that a switch to the controversial technology is needed to solve the growing world food crisis.
The study – carried out over the past three years at the University of Kansas in the US grain belt – has found that GM soya produces about 10 per cent less food than its conventional equivalent, contradicting assertions by advocates of the technology that it increases yields.
...
He grew a Monsanto GM soybean and an almost identical conventional variety in the same field. The modified crop produced only 70 bushels of grain per acre, compared with 77 bushels from the non-GM one. ...
Thursday, April 17, 2008
Airline executives and regulators often switch places
WASHINGTON (AP) -- What the airline industry wants from Washington it often gets, and no wonder. The people who regulate airlines on one day can become company executives the next - and the other way around.
Industry leaders who were once under the Federal Aviation Administration's authority now sit in top positions at the agency. Many former FAA officials and congressional aides have found lucrative jobs in the air travel industry or with its lobbying groups. One top official left the FAA two years ago to become the airline industry's top lobbyist.
Just Thursday, the law firm Jones Day announced that former FAA attorney Andrew Steinberg, until recently the Transportation Department's assistant secretary of aviation and international affairs, will join the firm's government regulation practice as a partner.
Throw in millions of dollars in campaign and lobbying money, and factor in the airlines' importance to lawmakers' home cities and states, and it adds up to a powerful industry that even some of the nation's most frequent fliers - members of Congress - can be reluctant to tackle. Broad deregulation and multibillion-dollar government bailouts are among the industry's major victories in recent decades. ...
Thursday, April 10, 2008
study of roughly 117,000 trades in 10b5-1 plans by 3,426 executives at 1,241 companies: trades inside the plans beat the market by 6% over six months.
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Documents obtained earlier this month by Wikileaks from JP Morgan Private Bank, which subtitles itself as "World class solutions for wealthy individuals and families", show the firm has a dedicated '10b5-1 Selling program,' along with a 'dedicated 10b5-1 team' to help its clients take advantage of the loophole.
Here's how it works:
1. An insider client transfers all or a portion of their company stock into a JP Morgan Securities Inc. brokerage account.
2. The insider then develops, in conjunction with the 10b5-1 team, a 'phased, pre-planned sales program to be executed at either market or specified prices'.
3. Depending on the information available to the insider (but not the public), the insider can decide whether to execute the sale or not.
By gaming the system this way, JP Morgan teaches insiders how to use their knowledge to create a rigged market, one in which it is the "house" that always wins, and the small investor that always loses.
Alan D. Jagolinzer, an assistant professor at Stanford University Graduate School of Business, completed a study of roughly 117,000 trades in 10b5-1 plans by 3,426 executives at 1,241 companies. He found that trades inside the plans beat the market by 6% over six months. By contrast, executives at the same firms who traded without the benefit of plans beat the market by only 1.9%.http://businessweek.com/magazine/content/06_51/b4014045.htm
One can only guess at how many insiders profited under JP Morgan's "insider trading program," leaving small investors holding the bag. ...
Bear Stearns Cos. Chairman James Cayne dumped his entire stake in the embattled investment bank for $10.84 / share ... then it sells for $2 / share ..
NEW YORK — Bear Stearns Cos. Chairman James Cayne dumped his entire stake in the embattled investment bank for $61 million as it appears closer to a takeover by JPMorgan Chase & Co.
Cayne sold 5.66 million shares for exactly $10.84 a share on March 25, according to a filing with the Securities and Exchange Commission. His stake was once valued at about $1 billion when the stock was trading at $171.50 per share.
The filing was disclosed Thursday.
...
[Bear Stearns was sold for $2 / share a few days later. ed.]
Justice Department ... has put off prosecuting more than 50 companies suspected of wrongdoing over the last three years ... then pays John Ashcroft
WASHINGTON — In 2005, federal authorities concluded that a Monsanto consultant had visited the home of an Indonesian official and, with the approval of a senior company executive, handed over an envelope stuffed with hundred-dollar bills. The money was meant as a bribe to win looser environmental regulations for Monsanto’s cotton crops, according to a court document. Monsanto was also caught concealing the bribe with fake invoices.
A few years earlier, in the age of Enron, these kinds of charges would probably have resulted in a criminal indictment. Instead, Monsanto was allowed to pay $1 million and avoid criminal prosecution by entering into a monitoring agreement with the Justice Department.
In a major shift of policy, the Justice Department, once known for taking down giant corporations, including the accounting firm Arthur Andersen, has put off prosecuting more than 50 companies suspected of wrongdoing over the last three years.
Instead, many companies, from boutique outfits to immense corporations like American Express, have avoided the cost and stigma of defending themselves against criminal charges with a so-called deferred prosecution agreement, which allows the government to collect fines and appoint an outside monitor to impose internal reforms without going through a trial. In many cases, the name of the monitor and the details of the agreement are kept secret.
Deferred prosecutions have become a favorite tool of the Bush administration. But some legal experts now wonder if the policy shift has led companies, in particular financial institutions now under investigation for their roles in the subprime mortgage debacle, to test the limits of corporate anti-fraud laws.
...
Legal experts say the tactic may have sent the wrong signal to corporations — the promise, in effect, of a get-out-of-jail-free card. The growing use of deferred prosecutions also suggests one road map the Justice Department might follow in the subprime mortgage investigations.
Deferred prosecution agreements, or D.P.A.’s, have become controversial because of a medical supply company’s agreement to pay up to $52 million to the consulting firm of John Ashcroft, the former attorney general, as an outside monitor to avoid criminal prosecution. That agreement has prompted Congressional inquiries and calls for stricter guidelines.
...
Thursday, April 03, 2008
"we simply dismantled the old one[financial framework]-aided by a legal but corrupt bargain in which campaign money all too often shaped policy "
... Obama depicted the current economic crisis as a consequences of deregulation in the financial sector. “Our free market was never meant to be a free license to take whatever you can get, however you can get it,” he said. “Unfortunately, instead of establishing a 21st century regulatory framework, we simply dismantled the old one-aided by a legal but corrupt bargain in which campaign money all too often shaped policy and watered down oversight.”
...
Deregulation has been the mantra on both sides of the aisle since the late 1960s. Long gone are Democrats like Michigan’s Phil Hart who, as chair of the Senate Antitrust Subcommittee, held hearings on the concentration of economic power in the United States, and proposed expanded government regulation of everything from the oil and auto industries to pharmaceuticals to professional sports. Hart believed that because wealth and power were concentrated in the hands of such a small number of corporations, the market economy had become no more than a facade. In this context, what would bring about lower prices and greater productivity and innovation was more government intervention and regulation, not less.
...
Even more damaging, in light of today’s economic crisis, was the sweeping deregulation of the banking and financial services industries that took place in the 1990s. What makes this enterprise particularly confounding is not only the fact that it took place under a Democratic president with support from a majority of Democrats in Congress, but that it followed so closely on the heels of the savings and loan crisis, which ought to have served as a cautionary tale on the dangers of deregulation in the banking sector. The Depository Institutions Act of 1982, another Reagan initiative, was supposed to “revitalize” the housing industry by freeing up the S&Ls to make more loans. Instead, the regulation rollback led to what economist John Kenneth Galbraith called “the largest and costliest venture in public misfeasance, malfeasance and larceny of all time” as they engaged in a fury of high-risk lending. The collapse that followed cost taxpayers an estimated $150 billion in government bailouts, and contributed to the recession of the early 1990s.
...
The Glass-Steagall Act was, in fact, a primary target of the Clinton-era deregulation effort. An early piece of New Deal-era legislation, the act was passed in response to speculation and manipulation of the markets by huge banking firms, which most liberal economists believed had brought on the crash of 1929. Glass-Steagall imposed firewalls between commercial banking and investment banking, and between the banking, brokerage, and insurance industries. According to the Center for Responsive Politics, which tracks lobbying and campaign contributions, “Eager to create financial supermarkets that peddle everything from checking accounts to auto insurance, the three industries for years have lobbied Congress to streamline regulatory hurdles that bar such operations.”
Despite Bill Clinton’s announcement that “the era of big government is over,” it took the better part of his administration for him to push these initiatives through Congress. In 1999, Treasury Secretary Robert Rubin, always a good friend to Wall Street, finally brokered a deal between the administration and Congress that allowed banking deregulation to move forward. Shortly after the compromise was reached, Rubin took a top position at Citigroup, which went on to embark upon mergers that would have been rendered illegal under Glass-Steagall. As the New York Times put it, Rubin would be leading “what has become the first true American financial conglomerate since the Depression”-a conglomerate that could exist only because of legislation he had just shepherded through Congress.
...
With his speech in New York, Obama is clearly trying to show himself to be a man who isn’t afraid to bite the hand that’s feeding him. He is also putting space, on this issue, between himself and Hillary Clinton, in part by reminding voters of the outcomes of Bill Clinton’s policies. He denounced both “Republican and Democratic administrations” for regulatory failures leading to the current crisis, and, as the New York Times reported, “handouts supporting the speech” noted that “the banking and insurance industries spent more than $300 million on a successful campaign to repeal the 1933 Glass-Steagall Act in 1999.” ....
Wednesday, March 19, 2008
fear and uncertainty allowing unscrupulous traders to make multimillion-pound profits by whipping up hysteria about big banks
Stock market manipulators yesterday tried to bring down one of Britain’s biggest banks by spreading false rumours through the City.
The Bank of England was forced to issue an unprecedented denial that HBOS was in trouble.
The Financial Services Authority (FSA) said that it would pursue traders guilty of “market abuse” by spreading untrue claims that banks were on the brink of collapse.
The authorities believe that the fear and uncertainty in financial markets are allowing unscrupulous traders to make multimillion-pound profits by whipping up hysteria about the stability of big banks. ...
a massive new derivatives bubble is driving the domestic and global economies ...new way of creating money outside the normal central bank rules
ARROYO GRANDE, Calif. (MarketWatch) -- "Charlie and I believe Berkshire should be a fortress of financial strength" wrote Warren Buffett. That was five years before the subprime-credit meltdown.
"We try to be alert to any sort of mega-catastrophe risk, and that posture may make us unduly appreciative about the burgeoning quantities of long-term derivatives contracts and the massive amount of uncollateralized receivables that are growing alongside. In our view, however, derivatives are financial weapons of mass destruction, carrying dangers that, while now latent, are potentially lethal."
That warning was in Buffett's 2002 letter to Berkshire shareholders. He saw a future that many others chose to ignore. The Iraq war build-up was at a fever-pitch. The imagery of WMDs and a mushroom cloud fresh in his mind.
...
- Sarbanes-Oxley increased corporate disclosures and government oversight
- Federal Reserve's cheap money policies created the subprime-housing boom
- War budgets burdened the U.S. Treasury and future entitlements programs
- Trade deficits with China and others destroyed the value of the U.S. dollar
- Oil and commodity rich nations demanding equity payments rather than debt
...
This cascading "domino effect" was brilliantly described in "The $300 Trillion Time Bomb: If Buffett can't figure out derivatives, can anybody?" published early last year in Portfolio magazine, a couple months before the subprime meltdown. Columnist Jesse Eisinger's $300 trillion figure came from an earlier study of the derivatives market as it was growing from $100 trillion to $516 trillion over five years. Eisinger concluded:
...
Tuesday, March 18, 2008
Americans have been conned ... by a bunch of serpent-tongued hucksters who packed up the wagon ... before the lynch mob could be formed
... That pretence was stripped away when JP Morgan, at the behest of the Federal Reserve, stepped in when the hedge funds pulled the plug on the fifth-biggest US investment bank.
It is now clear that no end is in sight to the turmoil, and the reason for that is that the Fed and the US treasury are no closer to solving the underlying problem than they were eight months ago. The crisis will only end when house prices stop falling and banks stop racking up huge losses on their loans. Doing that, however, will require the US government to intervene directly in the real estate market to end the wave of foreclosures. Ideologically, it is ill-equipped to take that step and, as a result, property prices will fall and the financial meltdown will go on and on.
Ultimately, though, action will be taken because there will be political pressure for it. Indeed, it is somewhat surprising that there is not already rioting in the streets, given the gigantic fraud perpetrated by the financial elite at the expense of ordinary Americans.
The US has just had its weakest period of expansion since the 1950s. Consumption growth has been poor. Investment growth has been modest. Exports have been sluggish. But if you are at the top of the tree, the years since the last recession in 2001 has been a veritable golden age. Salaries for executives have rocketed and profits have soared, because the productivity gains from a growing economy have been disproportionately skewed towards capital.
...
... The method chosen was simple. Whip up a colossal housing bubble, convince consumers that it makes sense to borrow money against the rising value of their homes to supplement their meagre real wage growth and watch the profits roll in.
As they did - for a while. Now it's payback time and the mood could get very ugly. Americans, to put it bluntly, have been conned. They have been duped by a bunch of serpent-tongued hucksters who packed up the wagon and made it across the county line before a lynch mob could be formed.
...
In the longer term, lessons must be learnt from the turmoil. One is that you don't solve the problems of a collapsing bubble by blowing up another, which is what Alan Greenspan did after the dotcom fiasco in 2001 - the most irresponsible behaviour of any central banker in living memory.
The second lesson is that there has to be far stricter regulation not just of the US real estate market but of Wall Street, to prevent the return of irresponsible lending as soon as the recovery is firmly under way. If this is, heaven help us, The Big One, one of the only consolations will be that the repugnance at the orgy of speculation that has sapped the strength of the US economy will put a new New Deal on the political agenda.
But for this to happen there has to be a political response and even though this year's presidential election will be held in the shadow of recession, there appears not to be a potential FDR among the contenders for the White House. Yet if this crisis really does get as bad as some are forecasting, the public will rightly demand more than a slap on the wrist for Wall Street.
Monday, March 17, 2008
Well, well. Jeb Bush is also connected to Alcalde & Fay .. McCain lobbyist story
Thu Feb 21st 2008, 08:06 PM
While working on another angle to the John McCain/Vicki Iseman lobbyist story in today's NYT, I stumbled upon some additional and very interesting connections deeper into this whole story.
Put very simply:
John McCain may also be involved (1) in Vicki Iseman's lobbying efforts for the Carnival Corporation, (2) a Miami cruise company.
Carnival Cruise company (CEO Micky Arison)(3) was under scrutiny for a decision by FEMA in 2005 to charter three cruise ships to be used as temporary housing for Katrina victims. The contracts awarded to Carnival were exorbitant and were under investigation by Henry Waxman on the Gov't Reform Committee.
Jeb Bush pulled the strings to obtain these FEMA contracts for Carnival. (4) Oh, and one more detail about Hector Alcalde, the owner of Ms. Iseman's lobbying firm, Alcalde & Fay,... Mr. Alcalde has contributed heavily to Jeb Bush and other Florida Republicans. (5)
With no public notice and no bidding, the company awarded Mr. Ashcroft an 18-month contract worth $28 million to $52 million
WASHINGTON — When the top federal prosecutor in New Jersey needed to find an outside lawyer to monitor a large corporation willing to settle criminal charges out of court last fall, he turned to former Attorney General John Ashcroft, his onetime boss. With no public notice and no bidding, the company awarded Mr. Ashcroft an 18-month contract worth $28 million to $52 million. ...
Friday, March 14, 2008
relocation of hundreds of thousands, mostly lower income and African-American, could alter the balance between the two major parties in Louisiana
Government reports confirm that half of the working poor, elderly and disabled who lived in New Orleans before Katrina have not returned. Because of critical shortages in low cost housing, few now expect tens of thousands of poor and working people to ever be able to return home.
The Louisiana Department of Health and Hospitals (DHH) reports Medicaid, medical assistance for aged, blind, disabled and low-wage working families, is down 46% from pre-Katrina levels. DHH reports before Katrina there were 134,249 people in New Orleans on Medicaid. February 2008 reports show participation down to 72,211 (a loss of 62,038 since Katrina). Medicaid is down dramatically in every category: by 50% for the aged, 53% for blind, 48% for the disabled and 52% for children.
The Social Security Administration documents that fewer than half the elderly are back. New Orleans was home to 37,805 retired workers who received Social Security before Katrina, now there are 18,940 - a 50% reduction. Before Katrina, there were 12,870 disabled workers receiving Social Security Disability in New Orleans, now there are 5350 - 59% less. Before there were 9425 widowers in New Orleans receiving Social Security survivor’s benefits, now there are less than half, 4140.
Children of working class families have not returned. Public school enrollment in New Orleans was 66,372 before Katrina. Latest figures are 32,149 - a 52% reduction.
Public transit numbers are down 75% since Katrina. Prior to Katrina there were frequently over 3 million rides per month. In January 2008, there were 732,000 rides. The Regional Transit Authority says the reduction reflects that New Orleans has far fewer poorer, transit dependent residents.
...
The displacement of tens of thousands of people is now expected to be permanent because there is both a current shortage of affordable housing and no plan to create affordable rental housing for tens of thousands of the displaced.
In the most blatant sign of government action to reduce the numbers of poor people in New Orleans, the U.S. Department of Housing and Urban Development (HUD) is demolishing thousands of intact public housing apartments. HUD is spending nearly a billion dollars with questionable developers to end up with much less affordable housing. Right after Katrina, HUD Secretary Alphonso Jackson predicted New Orleans was “not going to be as black as it was for a long time, if ever again.” He then worked to make that prediction true.
According to Policy Link, a national research institute, the crisis in affordable housing means barely 2 in 5 renters in Louisiana can return to affordable homes. In New Orleans, all the funds currently approved by HUD and other government agencies (not spent, only approved) for housing for low-income renters will only rebuild one-third of the pre-Katrina affordable rental housing stock.
Hope House sees four to five hundred needy people a month. “Most of the people we see are working people facing eviction, utility cutoffs, or they are already homeless” reports Everard. The New Orleans homeless population has already doubled from pre-Katrina numbers to approximately 12,000 people. ...
...
The political implications of a dramatic reduction in poor and working mostly African American people in New Orleans are straightforward. The reduction directly helps Republicans who have fought for years to reduce the impact of the overwhelmingly Democratic New Orleans on state-wide politics in Louisiana. In the jargon of political experts, Louisiana, before Katrina, was a “pink state.” The state went for Clinton twice and then for Bush twice, with U.S. Senators from each party. The forced relocation of hundreds of thousands, mostly lower income and African-American, could alter the balance between the two major parties in Louisiana and the opportunities for black elected officials in New Orleans. ...
Kellogg Brown & Root, the nation's top Iraq war contractor .. avoided paying hundreds of millions of dollars in federal Medicare and Social Security
CAYMAN ISLANDS - Kellogg Brown & Root, the nation's top Iraq war contractor and until last year a subsidiary of Halliburton Corp., has avoided paying hundreds of millions of dollars in federal Medicare and Social Security taxes by hiring workers through shell companies based in this tropical tax haven.
More than 21,000 people working for KBR in Iraq - including about 10,500 Americans - are listed as employees of two companies that exist in a computer file on the fourth floor of a building on a palm-studded boulevard here in the Caribbean. Neither company has an office or phone number in the Cayman Islands.
The Defense Department has known since at least 2004 that KBR was avoiding taxes by declaring its American workers as employees of Cayman Islands shell companies, and officials said the move allowed KBR to perform the work more cheaply, saving Defense dollars.
. . .
In interviews with more than a dozen KBR workers registered through the Cayman Islands companies, most said they did not realize that they had been employed by a foreign firm until they arrived in Iraq and were told by their foremen, or until they returned home and applied for unemployment benefits.
"They never explained it to us," said Arthur Faust, 57, who got a job loading convoys in Iraq in 2004 after putting his resume on KBRcareers.com and going to orientation with KBR officials in Houston.
Read more: http://www.boston.com/news/world/articles/2008/03/06/to... /
CDC tests confirm FEMA trailers are toxic .. Sierra club warned in early 2006 ...
updated 6:23 p.m. CT, Thurs., Feb. 14, 2008
...
More than two years after residents of FEMA trailers deployed along the Mississippi Gulf Coast began complaining of breathing difficulties, nosebleeds and persistent headaches, U.S. health officials announced Thursday that long-awaited government tests found potentially hazardous levels of toxic formaldehyde gas in both travel trailers and mobile homes provided by the agency.
...
Levels of formaldehyde gas in 519 trailer and mobile homes tested in Louisiana and Mississippi were — on average — about five times what people are exposed to in most modern homes, the CDC reported. In some trailers, the levels were nearly 40 times customary exposure levels, raising fears that residents could suffer respiratory problems and potentially other long-term health effects, it said.
...
Paulison also defended FEMA’s response to the problem, which surfaced in late 2005, when some travel trailer occupants began reporting breathing difficulties, headaches and nosebleeds.
“I think we have moved very quickly based on what we knew,” Paulison said Thursday. “… We did the best we could do with the information we had.”
The Sierra Club began warning about formaldehyde levels in travel trailers by early 2006, after conducting its own air-quality tests. FEMA officials initially dismissed the environmental group's testing, saying the trailers conformed to industry standards. ...
payday lenders, who notoriously charge effective interest rates of up to 400 percent on short-term loans
While our Legislature just can't come to grips with the payday loan phenomenon, which is sucking hundreds of thousands of dollars in interest and penalties from the most financially vulnerable among us, there's yet more evidence of just how sleazily this industry operates.
...
The newspaper used as an example a payday loan store in Dotham, Ala., where on a recent morning dozens of elderly and disabled people, some propped on walkers and canes, gathered to get their monthly check, minus the store's cut.
It's illegal, the paper noted, for the government to send a recipient's checks directly to a lender. But the payday loan people are clever. Many have made arrangements with banks where people on Social Security and other benefits have their government checks directly deposited. The banks then immediately transfer those deposits to the lenders, who, in turn, subtract debt payments, fees and interest, before giving the recipients the leftovers, according to the Journal.
Consequently, the payday lenders, who notoriously charge effective interest rates of up to 400 percent on short-term loans, effectively gain control over Social Security recipients' finances.
The Social Security Administration has received numerous complaints about the arrangements that some banks have with the payday lenders, but in what has to be a classic Catch-22, the SSA can't monitor the activity because of privacy rules that prevent the release of financial information. ...
Massachusetts accused Merrill Lynch on Friday of defrauding the city of Springfield with subprime-linked investments
The top securities regulator in Massachusetts accused Merrill Lynch on Friday of defrauding the city of Springfield with subprime-linked investments, casting light on how Wall Street banks sold complex mortgage securities that are now plummeting in value as the housing slump deepens.
William Galvin, the Massachusetts secretary of state, filed a civil fraud complaint against Merrill a day after the firm took the unusual step of agreeing to reimburse Springfield for losses on the investments. Merrill agreed to buy back the securities at their original value, $13.9 million, after determining that its brokers had not been authorized by Springfield to buy the securities on the city’s behalf. ...
"So what can a corporation do to protect itself against punitive-damages awards such as this?" ... "hire fit and competent people"
Chief Justice John Roberts was pained.
Exxon Mobil, the giant oil corporation appearing before the Supreme Court yesterday, had earned a profit of nearly $40 billion in 2006, the largest ever reported by a U.S. company -- but that's not what bothered Roberts. What bothered the chief justice was that Exxon was being ordered to pay $2.5 billion -- roughly three weeks' worth of profits -- for destroying a long swath of the Alaska coastline in the largest oil spill in American history.
"So what can a corporation do to protect itself against punitive-damages awards such as this?" Roberts asked in court.
The lawyer arguing for the Alaska fishermen affected by the spill, Jeffrey Fisher, had an idea. "Well," he said, "it can hire fit and competent people."
The rare sound of laughter rippled through the august chamber. The chief justice did not look amused. ...
...
Arguing for the Alaskans, Fisher, a tall and lanky Stanford professor with unruly gray hair, pointed out to the justices that the spill "destroyed an entire regional economy." Yet Exxon fired only one person, Capt. Joseph Hazelwood, who even the oil company admitted was drunk at the time of the accident, while executives received bonuses and pay raises. "What you have today are 32,000 plaintiffs standing before this court, each of whom have received only $15,000 for having their lives and livelihood destroyed and haven't received a dime of emotional-distress damages," Fisher argued. ...
one wealthy client who allegedly avoided reporting or paying taxes on more than $57.6 million, saving $20 million
... The real issue is getting the wealthy to pay their official taxes in the first place.
This article, by David Twiddy of the Associated Press, mentions two attorneys in Kansas City, Mo., who have been accused of helping wealthy clients avoid millions of dollars in taxes. They allegedly did it through setting up sham companies in Nevada.
The sham companies “would receive payments for bogus management services to the clients’ companies, which were then claimed as tax deductions. Other bogus corporations distributed the management fees as stock to the customers’ Roth Individual Retirement Accounts, which are not taxable.”
The most-shocking part of this story, however, is the example of one wealthy client who allegedly avoided reporting or paying taxes on more than $57.6 million, saving $20 million. ...
Exxon oil spill: Nearly 20 percent of the 33,000 fishermen who triumphed in court that day are dead ... and unpaid
When a federal jury in Alaska in 1994 ordered Exxon to pay $5 billion to thousands of people who had their lives disrupted by the massive Exxon Valdez oil spill, an appeal of the nation's largest punitive damages award was inevitable.
...
In the time span of the battle -- 14 years after the verdict, nearly two decades since the spill itself -- claimants' lawyers say there is a new statistic to add to the grim legacy of the disaster in Prince William Sound: Nearly 20 percent of the 33,000 fishermen, Native Alaskans, cannery workers and others who triumphed in court that day are dead.
"That's the most upsetting thing, that more than 6,000 people have passed and this still isn't finished," said Mike Webber, a Native Alaskan artistic carver and former fisherman in the Prince William Sound community of Cordova. "Our sound is not healthy, and neither are the people. Everything is still on the surface, just as it was."
"The bottom line,'' said Tim Joyce, the mayor of Cordova, where half of the town's 2,400 full-time residents are parties to the suit, "is that there is still oil on the beaches. And this lawsuit still isn't finished." ...
...
"I'm a capitalist, I'm a conservative Republican, I am pro-development and pro-industry," said Palin, who is herself a former commercial fisherman once party to the suit. "But consider what Exxon has made in terms of profits in all these years. The American judicial system came down with this judgment, and they've appealed and they've appealed and they've appealed." ....
Bush Administration invoked an obscure Banking clause 1863 to enable predatory lending practices
Gov. Elliot Spitzer explains:
Predatory lending was widely understood to present a looming national crisis. This threat was so clear that as New York attorney general, I joined with colleagues in the other 49 states in attempting to fill the void left by the federal government. Individually, and together, state attorneys general of both parties brought litigation or entered into settlements with many subprime lenders that were engaged in predatory lending practices. Several state legislatures, including New York’s, enacted laws aimed at curbing such practices.
That sounds good. I witnessed such practices and saw prices skyrocket before my eyes . That was a huge reason that the Bush economy held up as long as it did—I think Bush called it the “ownership society.” I guess we can call it the foreclosure society…. The right wingers usually try to say that we blame Bush for everything. Well, let’s see how he did, shall we…
Not only did the Bush administration do nothing to protect consumers, it embarked on an aggressive and unprecedented campaign to prevent states from protecting their residents from the very problems to which the federal government was turning a blind eye.
The administration accomplished this feat through an obscure federal agency called the Office of the Comptroller of the Currency (OCC). The OCC has been in existence since the Civil War. Its mission is to ensure the fiscal soundness of national banks. For 140 years, the OCC examined the books of national banks to make sure they were balanced, an important but uncontroversial function. But a few years ago, for the first time in its history, the OCC was used as a tool against consumers. In 2003, during the height of the predatory lending crisis, the OCC invoked a clause from the 1863 National Bank Act to issue formal opinions preempting all state predatory lending laws, thereby rendering them inoperative.
Payday loans: typical borrower pays back $793 on a $325 loan ... interest can top 500 percent in annual terms
New Hampshire's payday lenders will likely close shop next winter. The Senate yesterday approved a tight cap on payday and title loans, a measure that supporters and detractors agree would put the industry out of business.
Gov. John Lynch will sign the bill, which has already cleared the House, a spokesman said.
The bill's supporters say that payday lenders target vulnerable people and make it difficult for them to climb out of debt because the interest rates are so high that borrowers have to take out a second loan to pay off the first one. The measure would cap interest rates on the small loans - which now top 500 percent in annual terms - at 36 percent a year. At those rates, Advance America, which has 21 locations in New Hampshire, would lose $100,000 per storefront, spokesman Jamie Fulmer said.
"It would mean we would have to close our centers," Fulmer said, adding that 200 people work in the industry statewide. "We're just extremely disappointed about today's vote and certainly are very concerned about the 200 New Hampshire residents whose jobs are at risk now."
Payday loans are weeks-long loans of $300 to $500, secured with a pay stub and paid back with a flat fee that translates to an annual interest rate in the hundreds. Title loans require the borrower's car as collateral. Sen. David Gottesman, a Nashua Democrat who supported the bill, said that a typical borrower pays back $793 on a $325 loan, "after getting mired in five or more loan transactions."
"The evidence shows that those most likely to get caught in the debt trap are those living on fixed incomes and vulnerable families feeling the national economic squeeze," Gottesman said. "The money that feeds the payday loan industry and their investors is money that could be going to pay for medicines and food and mortgage payments here in New Hampshire." ...
Thursday, March 13, 2008
Paulson admits deregulation has failed us all: Mortgage proposals spell end to decades of looking other way
WASHINGTON (MarketWatch) -- You know things are very very bad on Wall Street when a guy like Henry Paulson -- Treasury secretary, solid Republican, and former Goldman Sachs CEO -- joins the crowd calling for more regulation over the financial markets.
Wall Street and Washington both failed big time, he said. Wall Street invented new ways to make money by selling securities so complicated that no one could really follow which shell the pea was under. Fortunes were made on the paper Wall Street sold.
At the same time, Washington's watchdogs were dozing, tranquilized by the false assurance that Wall Street would police its own.
It's been obvious for years now that Wall Street could not be trusted, and finally official Washington agrees. The markets need a tougher cop to make sure that money-center banks, investment banks, credit-rating agencies, hedge funds, mortgage brokers and the rest don't let their own greed and arrogance ruin it for the rest of us.
"Regulation needs to catch up with innovation," Paulson said, and he was backed up by the rest of President Bush's working group on financial markets, including Federal Reserve Chairman Ben Bernanke and Securities and Exchange Commissioner Chris Cox. Not a commie among them.
Paulson's proposals won't necessarily prevent a recurrence, but they are a humble recognition that the centerpiece of two decades of Republican economic policy have failed.
White House won't remove loophole allowing foreign contractors to ignore fraud
The White House has indicated it will not remove a loophole quietly inserted into a budget rule which allows contractors abroad to keep silent if they observe fraud or abuse on US government contracts.
...
"This sends the message that if you're going to do waste, fraud and abuse, don't do it at home, do it abroad," Rep. Peter Welch (D-VT) told the Washington Post in Thursday's papers. "This was slipped in at the last minute. . . . It's obviously something you can't justify in any way, and there's no answer to why you'd allow this to occur abroad any more than you'd allow it to occur domestically. There is a question as to how and why the change was made, and we don't know the answer."
Even the Bush Justice Department opposes the exemption, which was slipped into the proposed rule last November. No one has come forward to admit the insertion. ...
Thursday, March 06, 2008
New investment in clean, non-fossil-fuel energy sources ...began to shrivel
One of the major shortcomings in last year’s admirable energy bill was its failure to extend vital tax credits to producers of wind, solar and other renewable fuels. This was entirely the doing of the Senate, which caved in to the oil companies and their White House friends.
The House had approved the credits but insisted — under the Democrats’ pay-as-you-go rules — that they be paid for by eliminating the same amount in tax credits for oil and gas producers. Industry (which is rolling in cash these days) howled, President Bush lofted veto threats, and the Senate caved.
The damage was immediately apparent. New investment in clean, non-fossil-fuel energy sources — which need the help until they become competitive with older, dirtier energy sources — began to shrivel.
The Senate now has a chance to redeem itself. Last week, the House approved a new $17 billion package of credits, spread over 10 years, to encourage the development of renewable energy sources and to promote energy-efficient buildings and appliances. ...
Ms. Porter’s study found that questionable fees had been added to almost half of the loans she examined
...
The Wellmans may lose their home even though their accountant testified to the court in 2006 that the lender had levied improper charges on the borrower of about $40,000, or almost 13 percent of what the bank said the Wellmans owed at the time.
Every home foreclosure is different, of course. But the Wellmans’ case shows the uphill battle facing many troubled borrowers who believe that they are losing their homes for questionable reasons, like onerous fees.
One problem is ascertaining who actually owns the note underlying each home loan. This seemingly simple task has turned difficult as more home mortgages have been packaged by the thousands into securitization trusts.
Katherine M. Porter, an associate professor of law at the University of Iowa, conducted a recent study of 1,733 foreclosures that began in 2006. The study found that 40 percent of creditors foreclosing on borrowers did not show proof of ownership, what is often called “proper assignment” of the note or security interest in the property.
Dubious fees charged by lenders have also emerged as a rising problem. Ms. Porter’s study found that questionable fees had been added to almost half of the loans she examined. Last year, the United States Trustee, charged with overseeing the integrity of the nation’s bankruptcy courts, said it would move against lenders that file false or inaccurate claims or assess unreasonable fees.
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Homeowners naturally look to judges to stop banks and mortgage lenders from seizing troubled borrowers’ homes without supplying proof that they actually owned the note when they began foreclosure proceedings. And with foreclosures soaring, some judges are sympathetic.
Courts in Ohio have recently dismissed cases where ownership of the note underlying the mortgage has not been proved by lenders seeking foreclosure. Last October, Christopher A. Boyko, a federal judge in Cleveland, dismissed 14 such cases.
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But P. Randall Knece, the judge overseeing the Wellmans’ case in Pickaway County, has refused to stop the auction, even though ownership of the note at the time of foreclosure was not assigned to National City Mortgage, which is forcing the sale.
The lender, a unit of the National City Corporation of Cleveland, was cited for failure to comply with rules on loan origination and quality control and agreed to change some practices.
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In 2003, the Wellmans signed a forbearance agreement with National City. In it they agreed with the bank on the amount it said they owed. But in 2004, Mr. Wellman said he suspected the bank had overcharged him and he asked for an accounting of what he had paid on his loan.
Plugging the bank’s figures into a Quicken program confirmed his fears, he said. A local accountant, Steve Helwagen, scrutinized the bank’s numbers and testified to the court that National City’s accounting was off by $38,612 in its favor. Mr. Wellman stopped paying on the mortgage and hired a lawyer to try to recover those fees from the bank.
Included in the questionable charges, Mr. Helwagen said, were bank attorney fees, foreclosure fees and those covering hazard insurance. “The bank’s records were horrendous, they just jumped all over the place,” he said. “I’ve never seen anything like it in my life.” ...
Saturday, March 01, 2008
Why is her story being covered up? sale of nuclear secrets, shielding of terrorist suspects, trafficking, laundering, espionage
Most Americans have never heard of Sibel Edmonds, and if the U.S. government has its way, they never will.
The former FBI translator turned whistle-blower tells a chilling story of corruption at Washington’s highest levels - sale of nuclear secrets, shielding of terrorist suspects, illegal arms transfers, narcotics trafficking, money laundering, espionage. She may be a first-rate fabulist, but Ms. Edmonds’ account is full of dates, places and names.
And if she is to be believed, a treasonous plot to embed moles in American military and nuclear installations and pass sensitive intelligence to Israeli, Pakistani and Turkish sources was facilitated by figures in the upper echelons of the State and Defense Departments. Her charges could be easily confirmed or dismissed if classified government documents were made available to investigators.
But Congress has refused to act, and the Justice Department has shrouded Ms. Edmonds’ case in the state-secrets privilege, a rarely used measure so sweeping that it precludes even a closed hearing attended only by officials with top-secret security clearances. According to the Department of Justice, such an investigation “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.”
After five years of thwarted legal challenges and fruitless attempts to launch a congressional investigation, Sibel Edmonds is telling her story, though her defiance could land her in jail. After reading its November piece about Louai al-Sakka, an al-Qaeda terrorist who trained 9/11 hijackers in Turkey, Ms. Edmonds approached the Sunday Times of London. On Jan. 6, the Times, a Rupert Murdoch-owned paper that does not normally encourage exposés damaging to the Bush administration, featured a long article. The news quickly spread around the world - but not in the United States.
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Ms. Edmonds alleges to have heard evidence linking him to bribery from an ATC contact, to his intervening with the FBI to halt the interrogation of four Turkish and Pakistani intelligence operatives, and helping seed U.S. nuclear facilities with Turkish and Israeli Ph.D. students who in turn sold nuclear secrets abroad, primarily to Pakistan. The accused, who emphatically denies Ms. Edmonds’ charges, is now a senior executive at a Washington lobbying firm.
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After exhausting all appeals through her own chain of command, Ms. Edmonds approached the two Department of Justice agencies with oversight of the FBI and sent faxes to Sens. Chuck Grassley and Patrick Leahy on the Judiciary Committee. The next day, she was called in for a polygraph. According to a DOJ inspector general’s report, the test found that “she was not deceptive in her answers.”
But two weeks later, Ms. Edmonds was fired. Her home computer was seized. Her family in Turkey was visited by police and threatened with arrest if they did not submit to questioning about an unspecified “intelligence matter.”
When Ms. Edmonds’ attorney sued to obtain the documents related to her firing, Attorney General John Ashcroft imposed the state-secrets gag order. Since then, she has been subjected to another federal order, which not only silenced her but retroactively classified the statements she eventually made before the Senate Judiciary Committee and the 9/11 commission. ...
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Still, Sibel Edmonds makes a number of accusations about specific criminal behavior that appear to be extraordinary but are credible enough to warrant official investigation. Her allegations are documentable; an existing FBI file should determine whether they are accurate. ..
Friday, February 22, 2008
Ex-Republican Operative Says Bush Adviser Karl Rove Pushed for Dirt on Alabama's Governor
Ex-Republican Operative Says Bush Adviser Karl Rove Pushed for Dirt on Alabama's Governor
A former Republican campaign worker claims that President Bush's former top political adviser, Karl Rove, asked her to find evidence that the Democratic governor of Alabama at the time was cheating on his wife, according to an upcoming broadcast of "60 Minutes."
Jill Simpson, who has long alleged that Rove may have influenced the corruption prosecution of former Gov. Don Siegelman, makes the claim against Rove in a broadcast scheduled to be aired Sunday, according to a statement from CBS.
Simpson testified to congressional investigators last year that she overheard conversations among Republicans in 2002 indicating that Rove was involved in the Justice Department's prosecution of Siegelman. She has never before said that Rove pressed her for evidence of marital infidelity in spite of testifying to congressional lawyers last year, submitting a sworn affidavit and speaking extensively with reporters. ...
Republican Rep. Rick Renzi has been indicted for extortion, wire fraud, money laundering
GOP Arizona Rep. Rick Renzi -- the co-chairman of Sen. John McCain's campaign in Arizona -- has been indicted this morning:
Republican Rep. Rick Renzi (REN-zee) has been indicted for extortion, wire fraud, money laundering and other charges related to a land deal in Arizona.A 26-page federal indictment unsealed in Arizona accuses Renzi and two former business partners of conspiring to promote the sale of land that buyers could swap for property owned by the federal government. The sale netted one of Renzi's former partners $4.5 million.
Renzi is a three-term member of the House. He announced in August that he would not seek re-election.
Today's indictment comes after a lengthy federal investigation into the land developing and insurance businesses owned by Renzi's family.
In April 2007, federal agents raided a Sonoita (so-no-EE-ta) Arizona business owned by Renzi's wife, Roberta. ...Thursday, February 21, 2008
McCain: [conflict] Straight talk [while] 25-year legislative career shows he has been an avid seeker of special-interest money
"Our Democracy is not for sale." — Sen. John McCain, Arizona Republican
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McCain has positioned himself as a die-hard opponent of special-interest influence. But a U.S. News analysis of his 25-year legislative career shows he has been an avid seeker of special-interest money to support his campaigns and initiatives. The pattern goes all the way back to his first House race in 1982. Moreover, as the boss or No. 2 member of the Senate Commerce Committee, he has drawn heavy support from pacs and individuals associated with industries overseen by that committee—especially telecommunications, media, and technology firms.
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Connections. McCain is also relying on well-connected corporate executives and lobbyists to raise funds—people like Thomas Loeffler, a former congressman and lobbyist whose law firm was paid more than $5 million last year to represent Saudi Arabia. Loeffler, who is directing the McCain fundraising effort, is one of 15 national finance cochairs who each have pledged to raise $1 million for McCain.
McCain has repeatedly said that he wants to break up "the iron triangle of big money, special-interest lobbyists, and the legislation they buy," but his aides say he has no choice but to rely on influential money men if he wants to be president. McCain declined to be interviewed by U.S. News but provided written responses to questions. "Campaign contributions," the senator wrote, "have never affected my support or opposition to any legislation." He said that he took "positions, rightly or wrongly because I believe they are in the public interest." McCain added that his lobbyist supporters "have never asked for nor have I ever offered to take a position on legislation in exchange for their support." ...