Is there Anything the Chinese Wont Steal?

Posted on April 11, 2016April 11, 2016 by Denise Simon

In Iowa corn fields, Chinese national’s seed theft exposes vulnerability

ARLINGTON, Iowa (Reuters) – Tim Burrack, a northern Iowa farmer in his 44th growing season, has taken to keeping a wary eye out for unfamiliar vehicles around his 300 acres of genetically modified corn seeds.

Along with other farmers in this vast agricultural region, he has upped his vigilance ever since Mo Hailong and six other Chinese nationals were accused by U.S. authorities in 2013 of digging up seeds from Iowa farms and planning to send them back to China.

The case, in which Mo pleaded guilty in January, has laid bare the value — and vulnerability — of advanced food technology in a world with 7 billion mouths to feed, 1.36 billion of them Chinese.

Citing that case and others as evidence of a growing economic and national security threat to America’s farm sector, U.S. law enforcement officials are urging agriculture executives and security officers to increase their vigilance and report any suspicious activity.

But on a March 30 visit to Iowa, Justice Department officials could offer little advice to ensure against similar thefts, underlining how agricultural technology lying in open fields can be more vulnerable than a computer network or a factory floor.

“It may range down to traditional barriers like a fence and doing human patrols to making sure you get good visuals on what’s occurring,” Assistant Attorney General John Carlin, head of the Justice Department’s national security division, said when touring Iowa State University.

But agriculture sector executives say fences and guards are not feasible, due to the high cost and impracticality of guarding hundreds of thousands of acres.

Tom McBride, intellectual property attorney at Monsanto — one of the firms whose seeds were targeted by Mo — said it safeguards its genetically modified organism (GMO) technology by protecting its computers, patenting seeds and keeping fields like Burrack’s unmarked. Monsanto says it is not considering physical barriers like fences or guards.

The FBI and the U.S. Justice Department say cases of espionage in the agriculture sector have been growing since Mo was first discovered digging in an Iowan field in May 2011. Over the past two years, U.S. companies, government research facilities and universities have all been targeted, according to the FBI.

Although prosecutors were unable to establish a Chinese government link to Mo’s group, the case adds to U.S.-China frictions over what Washington says is increasing economic espionage and trade secret theft by Beijing and its proxies.

A U.S. law enforcement official told Reuters the agency looked for a connection between the Chinese government and the conspiracy carried out by Mo.

“In cases like this, we can see connections, but proving to the threshold needed in court requires that we have documents that the government has directed this,” the official said. “It’s almost impossible to get.”

A Chinese embassy spokesman in Washington, Zhu Haiquan, said he did not have detailed information on the Mo case but that China “stands firm” on the protection of intellectual property and maintains “constant communication and cooperation” with the U.S. government on the issue.

On his visit to Washington last September, President Xi Jinping reiterated China’s denial of any government role in the hacking of U.S. corporate secrets.

Mo, an employee of Chinese firm Kings Nower Seed, pleaded guilty to stealing seed grown by U.S. firms Monsanto, Dupont Pioneer and LG Seeds.

Prosecutors say he specifically targeted fields that grow the parent seeds needed to replicate GMO corn. The FBI says it suspects he was given the location by workers for the seed companies, but did not charge any employees.

DuPont Pioneer and LG Seeds declined to comment for this story.

Mo, whose case was prosecuted by the Justice Department as a national security matter rather than a simple criminal case, now faces a sentence of up to five years in prison. Five others charged in the case are still wanted by the FBI and are believed to have fled to China or Argentina. Charges were dropped against a sixth Chinese suspect.

NATIONAL SECURITY

The number of international economic espionage cases referred to the FBI is rising, up 15 percent each year between 2009 and 2014 and up 53 percent in 2015. The majority of cases reported involve Chinese nationals, the U.S. law enforcement official told Reuters. In the agriculture sector, organic insecticide, irrigation equipment and rice, along with corn, are all suspected to have been targeted, including by Chinese nationals, the official said.

Mo Hongjian, vice president of Kings Nower Seed’s parent company, Beijing Dabeinong Technology Group, declined to comment on the case or on the company’s connection with the Chinese government.

The parent firm is privately owned, but says it receives government money for research in “science and technology.”

China bans commercial growing of GMO grains due to public opposition to the technology and imports of GMO corn have to be approved by the agriculture ministry. Still, President Xi called in 2014 for China to innovate and dominate the technique, which promises high yields through resistance to drought, pests and disease.

In January, a Greenpeace report found some Chinese farmers are illegally growing GMO corn whose strains belong to companies including Monsanto, Syngenta and DuPont Pioneer.

Monsanto, which supplies Burrack’s seed, said it can block foreign groups who request to tour their lab and learning center in Huxley, Iowa. For the past few years, Monsanto says it has run its own background checks on Chinese delegations that ask for a tour, and, if they are approved, boosts security to be sure they do not steal anything or take pictures.

In Washington, U.S. senators have called for a review of the $43 billion deal by state-owned ChemChina to buy Swiss seed group Syngenta, which generates nearly a quarter of its revenue from North America.

Acquiring GMO seed and successfully recreating a corn plant would allow Chinese companies to skip over roughly eight years of research and $1.5 billion spent annually by Monsanto to develop the corn, the company says.

Burrack’s farm itself was not targeted by Mo, though he grows the Monsanto parent seed that the Chinese national was digging for. Burrack grows the corn in two fields in front of and behind his house where he can watch them, a small part of his 2,800-acre farm.

He said he is told by Monsanto where and when to plant the parent seed, but has never been told to keep what he is planting a secret.

“What no one seems to understand is that they’re stealing from people like me,” Burrack said. “They’re stealing the research that farmers pay for when they buy Monsanto seed.”

Europe’s Mega Terror Cell and Does not Use CT Tools

Posted on April 11, 2016April 11, 2016 by Denise Simon

PARIS (AP) — The number of people linked to the Islamic State network that attacked Paris and Brussels reaches easily into the dozens, with a series of new arrests over the weekend that confirmed the cell’s toxic reach and ability to move around unnoticed in Europe’s criminal underworld.

From Belgium’s Molenbeek to Sweden’s Malmo, new names are added nearly daily to the list of hardened attackers, hangers-on, and tacit supporters of the cell that killed 130 people in Paris and 32 in Brussels. A computer abandoned by one of the Brussels suicide bombers in a trash can contained not only his will, but is beginning to give up other information as well, including an audio file indicating the cell was getting its orders directly from a French-speaking extremist in Syria, according to a police official with knowledge of the investigation. The official spoke on condition of anonymity because he wasn’t authorized to speak publicly about the investigation.

Ten men are known to be directly involved in the Nov. 13 attacks in Paris; others with key logistical roles then — including the bomber, a logistics handler, and a hideout scout — went on to plot the attack March 22 in Brussels. But unlike Paris, at least two people who survived the attack have been taken into custody alive, including Mohamed Abrini, the Molenbeek native who walked away from the Brussels international airport after his explosives failed to detonate.

But investigators fear it may not be enough to stave off another attack. Abdelhamid Abaaoud, another Molenbeek native whose charisma made him a natural draw to many in the Brussels neighborhood after he joined IS extremists in Syria, said before his death that he returned to Europe among a group of 90 fighters from Europe and the Mideast, according to testimony from a woman who tipped police to his location.

****

In part from NYT’s: But only in the months since then has the full scale of Mr. Zerkani’s diligent work on the streets of Molenbeek and beyond become clear, as the network he helped nurture has emerged as a central element in attacks in both Paris and Brussels— as well as one in France that the authorities said last month they had foiled.

“Mr. Zerkani has perverted an entire generation of youngsters, particularly in the Molenbeek neighborhood,” the Belgian federal prosecutor, Bernard Michel, said in February.

But court documents and interviews with Molenbeek residents and activists, as well as with Belgian security officials, suggest that he had direct or indirect connections with several crucial figures who are now dead or under arrest in connection with the November massacre in Paris that killed 130 people and the bombings last month in Brussels that killed 32. Full article here.

Top U.S. intel official: Europe not taking advantage of terror tracking tools

(CNN) A top U.S. counterterrorism official in charge of ensuring terrorists do not make it into the United States said European countries can do more to screen terrorists because they don’t take full advantage of tools the U.S. has offered in the fight against terrorism.

“It’s concerning that our partners don’t use all of our data,” said Terrorist Screening Center Director Christopher Piehota in an exclusive interview with CNN. “We provide them with tools. We provide them with support, and I would find it concerning that they don’t use these tools to help screen for their own aviation security, maritime security, border screening, visas, things like that for travel.”

Piehota said the U.S. shares its watch lists with EU countries, but that EU countries don’t systematically utilize it to identify suspected terrorists or screen migrants coming.

The European Union does not utilize a central terror database; instead, each country maintains its own terrorist watch list that comes with its own unique set of standards for tracking terrorists. Further complicating matters the 26 European countries that operate inside the “Schengen zone” do not perform routine border checks.

Piehota said all European countries cooperate with the United States to varying degrees and information sharing has greatly improved in the wake of the ISIS threat.

The daunting task of guarding the United States from foreign terrorists, he says, has become more challenging with the evolving ISIS threat in Europe.

One chief concern is foreign nationals from visa-waiver countries who do not appear on any watch list could possibly slip into the U.S. to launch an attack. For example, would-be terrorists can surreptitiously travel to and from Syria from Europe and then travel to the U.S. without ever arousing the suspicion of government officials on either continent.

“There are many that we do know about. And unfortunately there are some that we do not know about,” Piehota said.

Counterterrorism officials like Piehota also worry about the ISIS terrorists believed to still be in Europe and possibly plotting future attacks. One such person is the man in the hat seen in the Brussels airport surveillance video who remains on the run.

“It’s highly concerning,” he said. “We make sure that we know as much as we can. And we take that information and we use it the best we can to minimize threats to our communities. But we can’t know everything all the time.”

European officials have acknowledged the gaps in coverage and communication in the weeks following the Brussels attacks.

“The fragmented intelligence picture around this dispersed community of suspected terrorists is very challenging for European authorities,” said Rob Wainwright, director of the European Police Agency known as Europol.

The EU’s Counter-Terrorism Chief Gilles de Kerchove told CNN that he was aware of problems in getting member states to act.

“I do my best to put pressure, to confront them with blunt figures, and we are making progress, but not quickly enough,” he said.

The European Union has been examining the sharing of passenger information for at least six years, and the European Parliament is expected to consider a measure related to that issue this month. Some members oppose the idea on privacy grounds.

“That will require difficult discussions with European Parliament, because we’re sensitive about balance between security and freedom,” de Kerchove said last month.

Piehota also echoed the sentiment from FBI Director James Comey that there’s risk with the U.S. plan of allowing 100,000 refugees into the U.S. a year by 2017 partially because of the lack of intelligence on people in Syria.

“Nothing we can guarantee is at a 100% level,” Piehota said, adding he believes the vetting process is rigorous with a layered approach of screening, evaluation and assessment for the refugees who will be cross-referenced with all the U.S. watch lists.

Piehota also addressed what he called “incorrect perceptions” about the U.S. watch lists, many that have been repeated by presidential candidates on the campaign trail claiming a majority of people on the lists are innocent Americans.

Although declined to say how many people are on the watch list, he did say Americans “comprise less than 0.5% of the total populations. Very small, controlled population,” adding that those on the list are consistently re-evaulated with 1,500 changes to the list on average per day. More here.

Panama Papers Snares Another Clinton Tax Haven?

Posted on April 11, 2016April 11, 2016 by Denise Simon

First the Panama Papers revealed the Podesta Group. John and Tony Podesta, the founders have connections to a Russian bank which is blacklisted. John Podesta is the architect of the Hillary presidential campaign.

John Podesta, a real operative in the White House for years.

John Podesta was an Obama advisor and upon leaving that role, he said his greatest regret not revealing more about UFO’s. Sheesh…

The mailman must be real busy and overworked at the address below.

This Delaware Address Is Home to 200,000 Shell Companies—Including Hillary Clinton’s

In wake of ‘Panama Papers’ scandal, renewed interest in tax avoidance efforts

FreeBeacon: The address “1209 North Orange Street” in Wilmington, Del., has become known in recent years as the epicenter of U.S. corporate secrecy. The squat, split-level building is the official address of over 285,000 companies, many of which are looking to take advantage of Delaware’s Panama-like secrecy rules, tax incentives, and business-friendly case law.

In the wake of the recent “Panama Papers” scandal, this unassuming brick office has received renewed scrutiny from the Washington Post, the New York Times, the Telegraph, and advocates for corporate tax reform.

But one of its tenants may come as a surprise—a company owned by Democratic presidential frontrunner Hillary Clinton.

Hillary and Bill Clinton quietly set up two shell companies listed at “1209 North Orange Street” in 2008 and 2013, the Washington Free Beacon has found. The names of the companies, but not their location, were first made public in tax filings released by Hillary Clinton last year.

According to records, one of the Clintons’ “1209 North Orange Street” companies is WJC, LLC, which was set up by Bill Clinton in 2008 as a pass-through for his consulting fees.

Another company at the same location, ZFS Holdings, LLC, was set up in February 2013, one week after Hillary Clinton left the State Department. Hillary Clinton received $5.5 million from her book publisher, Simon & Schuster, through the company.

The “1209 North Orange Street” building is the headquarters for the Corporation Trust Company. The firm acts as a registered agent for thousands of corporations that are not actually located in Delaware, including the Clintons’ companies.

Anti-secrecy advocates say the building is prime evidence that Delaware has become a corporate haven that’s comparable to more well-known, offshore locales.

“If you imagined a building with 1,000 corporations in it, you’d imagine a building like the Empire State building,” said Richard Phillips, a senior policy analyst with Citizens for Tax Justice. “But apparently 285,000 companies claim [1209 North Orange Street] is their address.”

“What this shows is this is not really the address of companies that are doing real business. This is the address of a lot of companies that are just shell companies,” he added. “In this case, it doesn’t even look like they have mailboxes. They just claim that address as the places they’re doing business, even though they’re not doing business there.”

Similar registered agents have come under scrutiny in recent years. While campaigning in 2008, President Obama slammed the “Ugland House,” a five-story building in the Cayman Islands that is reportedly home to over 18,000 companies.

“That’s either the biggest building in the world, or the biggest tax scam on record,” said Obama.

The Clinton campaign declined to comment on why the Clintons, who live in New York and have no evident residential ties to Delaware, set up companies in the state. But the presidential candidate isn’t alone. Experts say Delaware is the most popular place to register a company in the United States, due in part to its established system of business case law and tax incentives for intellectual property and real estate holdings.

One of the biggest draws may be the state’s lack of disclosure requirements—businesses can be created completely anonymously, allowing the owners to avoid public detection and even hide income from U.S. authorities.

According to advocates for corporate tax reform, Delaware’s laws rival well-known secrecy havens like the Cayman Islands and Panama.

“General secrecy laws and the ability of these corporations to hide the identities of those who own it, that’s what makes [Delaware] an onshore tax haven, and that’s what makes it just as bad as the Cayman Islands,” said Phillips.

Hillary Clinton has promised to crack down on tax havens on the campaign trail. Referring to the Panama Papers last Wednesday, Clinton condemned “outrageous tax havens and loopholes that super-rich people across the world are exploiting in Panama and elsewhere.”

The Clinton Foundation also has three shell companies in Delaware, according to its amended financial disclosures released last year.

One is the Acceso Fund, LLC, which was registered by the Corporation Trust Company at 1209 North Orange Street in 2009. The Clinton Foundation has used the company to channel money to its Colombia-based private equity fund, Fondo Acceso.

The private equity fund, which is run out of the Clinton Foundation’s Bogota office, has invested in telecom and food processing companies in Colombia, the Free Beacon reported last November.

Another Clinton Foundation company, Acceso Worldwide Fund, Inc., was registered in 2013 by the Corporation Services Company, located in Wilmington, Delaware.

A third company, the Haiti Development Fund, LLC, was registered in 2010 by National Corporate Research, Ltd, located in Dover.

In Delaware, limited liability companies such as WJC, LLC, and ZFS, LLC, are not required to file annual statements disclosing their directors or owners. The Clintons also registered both companies in New York after they were established.

There is no evidence the Clintons are using the entities for any nefarious purposes, and it is perfectly legal for non-residents to set up corporations in Delaware. But even if corporations stay within the law, critics say Delaware shell companies can sometimes be used to legally circumvent taxes in other states.

According to a report published last December by the Institute on Taxation and Economic Policy, Delaware’s popularity as a hub for shell companies is “responsible for the loss of billions of dollars in revenue in other U.S. states.”

“It’s legal tax avoidance,” said Phillips. “We would say it’s immoral, or not the best thing for the country.”

Anti-secrecy advocates also say the laws make it easier for criminals to evade federal taxes or finance terrorism, all under the radar of the public and U.S. authorities.

“Some anonymous shell companies have financed terrorism and supported corruption and human trafficking and Delaware is a traditional hub for creating these fake companies,” said Andrew Hanauer, campaign director at the Jubilee USA Network.

Jubilee USA Network and other groups have been advocating for legislative reform. Sen. Sheldon Whitehouse (D., R.I.), Rep. Peter King (R., N.Y.), and Rep. Carolyn Maloney recently put forward legislation that would force U.S. companies to disclose their actual owners.

The Clinton campaign did comment on whether Hillary Clinton supports the legislation. The campaign also did not comment on whether she or Bill Clinton have any other companies registered in Delaware.

But the concerns over corporate secrecy and tax avoidance have trickled into the Democratic presidential race, with Sen. Bernie Sanders incorporating it into his stump speeches. Clinton has also railed against tax havens on the trail and vowed to take action.

“Some of you may have just heard about these disclosures about outrageous tax havens and loopholes that super-rich people across the world are exploiting in Panama and elsewhere,” said Clinton during a campaign event last Wednesday.

“Now some of this behavior is clearly against the law, and anyone who violates the law anywhere should be held accountable,” she added. “But it’s also scandalous how much is actually legal.”

Venezuela, There She Blows

Posted on April 10, 2016April 10, 2016 by Denise Simon

Statement of Secretary Lew on the Venezuela Executive Order
3/9/2015

U.S.Treasury: We are committed to defending human rights and advancing democratic governance in Venezuela through the use of financial sanctions.

We will use these tools to target those persons involved in violence against anti-government protesters, serious human rights abuses, and those involved in the arrest or prosecution of individuals for their legitimate exercise of free speech.

Corrupt actions by Venezuelan government officials deprive Venezuela of needed economic resources that could be invested in the Venezuelan people and used to spur economic growth. These actions also undermine the public trust in democratic institutions and the human rights to which Venezuelan citizens are entitled. This Executive Order will be used to protect the U.S. financial system from the illicit financial flows from public corruption in Venezuela.

Beginning in 2013, perhaps earlier:

Venezuela is running out of money fast and has started selling its gold

CNN: The cash-strapped country could default by next year when lots of debt payments are due. Venezuela’s reserves, which are mostly made up of gold, have fallen sharply this year as the country needs cash to pay off debt and tries to maintain its social welfare programs.

Venezuela owes about $15.8 billion in debt payments between now and the end of 2016.

But it doesn’t have enough to make good on its payments. Venezuela only has $15.2 billion in foreign reserves — the lowest amount since 2003. A lot of those reserves are in gold.

Less than $1 billion of Venezuela’s reserves are in cash, and it has a couple billion in reserves at the IMF.

Venezuela risks a descent into chaos

©AFP

Police arrest students during a protest against Venezuelan President Nicolas Maduro in San Cristobal. Two officers died and four more were hurt

FT: At the main morgue of central Caracas, the stench forces everyone to cover their nostrils. “Now things are worse than ever,” says Yuli Sánchez. “They kill people and no one is punished while families have to keep their pain to themselves.”

Ms Sánchez’s 14-year-old nephew, Oliver, was shot five times by malandros, or thugs, while riding on the back of a friend’s motorcycle. His uncle, Luis Mejía, remarked that in a fortnight three members of their family had been shot, including two youths who were shot by police.

An economic, social and political crisis facing Nicolás Maduro, Venezuela’s unpopular president, is being aggravated by a rise in violence which is prompting fears that this oil-rich country risks becoming a failed state.

“What can we do?” Mr Mejía asks. “Give up.” The morgue employee in charge of handling the corpses notes that a decade ago he received seven or eight bodies every weekend. These days, he says, that number has risen to between 40 and 50: “This is now wilder than the wild west.”

Critics say that the Venezuelan government is increasingly unable to provide citizens with water, electricity, health or a functioning economy which can supply basic food staples or indispensable medicines, let alone personal safety.

Last month alone, Venezuelans learned of the summary execution of at least 17 gold miners supposedly by a mining Mafia, the killing of two police officers allegedly by a group of students who drove a bus into a barricade, and a hostage drama inside a prison at the hands of a grenade-wielding criminal gang. On Wednesday, three policemen were killed when an armed gang busted a member out of a lock-up in the capital.

At least 10 were killed in a Caracas shanty town after a confrontation between local thugs armed with assault rifles, while a local mayor was gunned down outside his home in Trujillo state last month. There are widespread reports of lynchings.

All this is creating a broad unease that Mr Maduro is unable to maintain order. Venezuela has the world’s fastest inflation and its dire recession is worsening. Mr Maduro last week declared every Friday a holiday for the next two months to save electricity as a prolonged drought has exacerbated chronic power shortages. There is a lack of basic goods. Analysts warn that the economic crisis risks turning in to a humanitarian one.

The evidence of state failure is very concrete in the country that sits on top of the world’s largest oil reserves– Moisés Naím, Carnegie Endowment for International Peace

“Failed state is a nebulous concept often used too lightly. That’s not the case with today’s Venezuela,” says Moisés Naím a Venezuelan distinguished fellow at the Carnegie Endowment for International Peace. “The evidence of state failure is very concrete in the country that sits on top of the world’s largest oil reserves.”

Venezuela is already one of the world’s deadliest countries. The Venezuelan Observatory of Violence, a local think-tank, says the murder rate rose last year to 92 killings per 100,000 residents. The attorney-general cites a lower figure of 58 homicides per 100,000.

In 1998, a year before former leader Hugo Chávez took office, the rate was 19 per 100,000, says the think-tank’s director Roberto Briceño León, adding that after 17 years of socialist “revolution”, it is the poor who make up most of the victims.

Nicolas Maduro, Venezuela's president, gestures while speaking at a rally to commemorate the 24th anniversary of former Venezuelan President Hugo Chavez's failed military coup in Caracas, Venezuela, on Thursday, Feb. 4, 2016

©Bloomberg

“I think it is evident that the Venezuelan state cannot act as a state in many areas of the country, so it could be considered failed,” says Mr Briceño, adding that the state now “lacks a monopoly on violence”.

But the state is indeed to blame for some of that violence, according to a report by advocacy groups Human Rights Watch and the Venezuelan Human Rights Education-Action Programme presented to the Inter-American Commission on Human Rights.

“Venezuelans are facing one of the highest murder rates in the hemisphere and urgently need effective protection from violent crime,” said José Miguel Vivanco HRW’s Americas director. “But in multiple raids throughout the country, the security forces themselves have allegedly committed serious abuses.”

Their findings show that police and military raids in low-income and immigrant communities in Venezuela have led to widespread allegations of abuse, including extrajudicial killings, mass arbitrary detentions, maltreatment of detainees, forced evictions, the destruction of homes, and arbitrary deportations.

Country’s bitter power struggle reflects institutional weakness across the region

The government usually blames violence within its borders on Colombian rightwing paramilitaries engaged in a war against its revolution. But as David Smilde and Hugo Pérez Hernáiz of the Washington Office on Latin America, a think-tank, recently wrote: “Attributing violence in Venezuela to paramilitary activity has been a common rhetorical move used by the government over the past year, effectively making a citizen security problem into a national security problem.”

For many Venezuelans it no longer matters who is to blame. “It is a state policy of letting anarchy sink in,” says a former policeman outside the gates of a compound in Caracas.

That former police station now houses the Frente 5 de Marzo, one of the political groups that consider themselves the keepers of socialism’s sacred flame. The gates bear the colours of the Venezuelan flag and are marked with bullet holes. The man believes there is something akin to a civil war going on.

“Venezuela is pure chaos now. It seems to me there is no way back,” he says.

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Iran has been outsourcing for many years and that includes to Iran:

Iran’s ambassador to Venezuela said Tuesday that a check worth about $70 million, found by German authorities in the luggage of Iran’s former central bank chief, was going to be used by an Iranian company for its expenses while building public housing in Venezuela.

Iranian Ambassador Hojattolah Soltani made the remarks in an interview with the Venezuelan television channel Globovision, saying the check for 300 million Venezuelan bolivars was to be used for the expenses of the Kayson Company, a Tehran-based construction business that is building thousands of homes for the Venezuelan government.

The Iranian ambassador noted that the man with the check whom German authorities stopped last month is not currently a government official. Soltani said that Tahmasb Mazaheri, a former chief of Iran’s central bank and former economy minister, has been working as an adviser to the Iranian company.

Venezuelan authorities had to comment on the issue, and stressed that everything was above board (link is external). The Iranian Ambassador to Caracas would later recant his opinion, as cited by AP above, saying about the caught check-courier (link is external) “[he] is by no means an official of the Government (of Iran); neither has his name been affixed to the confiscated check”, and adding that the check “was signed in Iran and Mr. Mazaheri was on his way to Venezuela to bring the check to cash it in Banco Venezuela.”

So Mazaheri, who is not an official of the Government of Iran as per Iran’s Ambassador to Venezuela claims, was entrusted to carry a check worth $70 million, just like that? Mazaheri was a director of Banco Internacional de Desarrollo (link is external), an OFAC-designated entity targeted by the U.S. Treasury Department “for providing or attempting to provide financial services to Iran’s Ministry of Defense and Armed Forces Logistics (MODAFL). (link is external)” The European Union also included the bank in its list of sanctioned entities involved in “nuclear or ballistic missiles activities

– See more at: http://infodio.com/250414/venezuela/corruption/kayson/tahmasb/mazaheri#sthash.8z4z99bY.dpuf

Recall the Chatter About Being Prosecuted as a Climate Changer Denier?

Posted on April 10, 2016April 10, 2016 by Denise Simon

The standing is being set for this to happen. How did we get here?

Subpoenaed Into Silence on Global Warming

By Megan McArdle

Bloomberg: The Competitive Enterprise Institute is getting subpoenaed by the attorney general of the U.S. Virgin Islands to cough up its communications regarding climate change. The scope of the subpoena is quite broad, covering the period from 1997 to 2007, and includes, according to CEI, “a decade’s worth of communications, emails, statements, drafts, and other documents regarding CEI’s work on climate change and energy policy, including private donor information.”

My first reaction to this news was “Um, wut?” CEI has long denied humans’ role in global warming, and I have fairly substantial disagreements with CEI on the issue. However, when last I checked, it was not a criminal matter to disagree with me. It’s a pity, I grant you, but there it is; the law’s the law.

(I pause to note, in the interests of full disclosure, that before we met, my husband briefly worked for CEI as a junior employee. We now return to our regularly scheduled programming.)

Speaking of the law, why on earth is CEI getting subpoenaed? The attorney general, Claude Earl Walker, explains: “We are committed to ensuring a fair and transparent market where consumers can make informed choices about what they buy and from whom. If ExxonMobil has tried to cloud their judgment, we are determined to hold the company accountable.”

That wasn’t much of an explanation. It doesn’t mention any law that ExxonMobil may have broken. It is also borderline delusional, if Walker believes that ExxonMobil’s statements or non-statements about climate change during the period 1997 to 2007 appreciably affected consumer propensity to stop at a Mobil station, rather than tootling down the road to Shell or Chevron, or giving up their car in favor of walking to work.

State attorneys general including Walker held a press conference last week to talk about the investigation of ExxonMobil and explain their theory of the case. And yet, there sort of wasn’t a theory of the case. They spent a lot of time talking about global warming, and how bad it was, and how much they disliked fossil fuel companies. They threw the word “fraud” around a lot. But the more they talked about it, the more it became clear that what they meant by “fraud” was “advocating for policies that the attorneys general disagreed with.”

New York Attorney General Eric Schneiderman gave the game away when he explained that they would be pursuing completely different theories in different jurisdictions — some under pension laws, some consumer protection, some securities fraud. It is traditional, when a crime has actually been committed, to first establish that a crime has occurred, and then identify a perpetrator. When prosecutors start running that process backwards, it’s a pretty good sign that you’re looking at prosecutorial power run amok.

And that approaches certainty when attorneys general start sending subpoenas to think tanks that ExxonMobil might have supported. What exactly would the subpoena prove? That ExxonMobil supported opinions about climate change? That the opinions tended to be congruent with its own interests? That this opinion might have been wrong, and if so, might have encouraged wrong beliefs in others? This is a description of, roughly, every person or organization in the history of the world, not excluding attorneys general. It’s also not illegal. Especially since, as the New York Times points out, “the company published extensive research over decades that largely lined up with mainstream climatology.” This isn’t preventing consumers from buying into a Ponzi scheme; it’s an attempt to criminalize advocacy.

I support action on climate change for the same reason I buy homeowner’s, life and disability insurance: because the potential for catastrophe is large. But that doesn’t mean I’m entitled to drive people who disagree with me from the public square. Climate activists have an unfortunate tendency to try to do just that, trying to brand dissenters as the equivalent of Holocaust deniers.

It’s an understandable impulse. It seems easier to shut down dissenters than to persuade people to stop consuming lots and lots of energy-intensive goods and services.

But history has had lots and lots of existentially important debates. If you thought that only the One True Church could save everyone from Hell, the Reformation was the most existentially important debate in human history. If you thought that Communist fifth columnists were plotting to turn the U.S. into Soviet Russia, that was also pretty existentially important. We eventually realized that it was much better to have arguments like these with words, rather than try to suppress one side of them by force of law.

Unfortunately those who wield the law forget that lesson, and we get cases like the CEI subpoena, intended to silence debate by hounding one side. The attorney general doesn’t even need to have the law on his side; the process itself can be the punishment, as victims are forced to spend immense amounts on legal fees, and immense time and money on complying with investigations. (And if the law were on the attorney general’s side in a case like this, then that’s a terrible law, and it should be overturned.)

Prosecutors know the damage they can do even when they don’t have a leg to stand on. The threat of investigation can coerce settlements even in weak cases.

The enemies of the Competitive Enterprise Institute and ExxonMobil should hold their applause. In a liberal democracy, every guerrilla tactic your side invents will eventually be used against you. Imagine a coalition of Republican attorneys general announcing an investigation of companies that have threatened state boycotts over gay-rights issues, and you may get a sense of why this is not such a good precedent to set.

The rule of law, and our norms about free speech, represent a sort of truce between both sides. We all agree to let other people talk, because we don’t want to live in a world where we ourselves are not free to speak. Because we do not want to be silenced by an ambitious prosecutor, we should all be vigilant when ambitious prosecutors try to silence anyone else.