Category Archives: government fraud spending collusion

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

Posted on by

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

Subpoenaed Into Silence on Global Warming

By

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.

He Did it, He Turned Over the Fast and Furious Documents

Posted on by

  Maybe the whistleblowers will receive some vindication like Sharyl Attkisson.

Obama relents in fight over Fast and Furious documents

Politico: Four years after asserting executive privilege to block Congress from obtaining documents relating to a controversial federal gun trafficking investigation, President Barack Obama relented Friday, turning over to lawmakers thousands of pages of records that led to unusual House votes holding Attorney General Eric Holder in contempt in 2012.

In January, a federal district court judge rejected Obama’s executive privilege claim over records detailing the Justice Department and White House’s response to Operation Fast and Furious, a Bureau of Alcohol, Tobacco, Firearms and Explosives investigation that may have allowed as many as 2,000 firearms to pass into the hands of Mexican drug cartels.

In her ruling, U.S. District Court Judge Amy Berman Jackson did not turn down Obama’s privilege assertion on the merits. Instead, she said authorized public disclosures about the operation in a Justice Department inspector general report essentially mooted the administration’s drive to keep the records secret.

Both sides had until midnight Friday to file an appeal. Instead, the Obama administration turned over a set of documents to the House Oversight and Government Reform Committee.

“In light of the passage of time and other considerations, such as the Department’s interest in moving past this litigation and building upon our cooperative working relationship with the Committee and other Congressional committees, the Department has decided that it is not in the Executive Branch’s interest to continue litigating this issue at this time,” Justice Deparment legislative liaison Peter Kadzik wrote in a letter Friday to House Oversight Chairman Jason Chaffetz (R-Utah).

Justice Department spokesman Patrick Rodenbush confirmed that the administration does not plan to appeal. He argued that Jackson’s ruling validated Obama’s initial claim of privilege.

“The Department of Justice is pleased that the district court … continued to recognize that the deliberative process component of the executive privilege exists and was a valid basis for the Department to withhold certain documents when requested by the House in 2011. Although the Department disagrees with the district court’s conclusion that the privilege was overcome in this particular case by disclosures and statements made in other contexts, the Department has decided not to appeal the court’s judgment and has provided a production of documents to the House Committee on Oversight and Government Reform,” Rodenbush said in a statement.

While the House largely won in the January decision, it did file an appeal earlier Friday afternoon, apparently unaware of the administration’s plans to comply with the judge’s order. The appeal suggested that House leaders were dissatisfied with aspects of Jackson’s rulings that narrowed the set of documents the administration had to turn over.

“As we’ve long asserted, the Committee requires and is entitled to these documents,” Chaffetz said in a statement. “They are critical to the Committee’s efforts to complete meaningful oversight. The Committee has a duty to understand and shine light on what was happening inside DOJ during the time of this irresponsible operation. Yet DOJ has obstructed our investigative work for years.”

After getting word that the Justice Department was turning over records, Chaffetz updated his statement, indicating that the House plans to press its appeal to get records beyond the ones the administration is providing.

“Today, under court order, DOJ turned over some of the subpoenaed documents. The Committee, however, is entitled to the full range of documents for which it brought this lawsuit. Accordingly, we have appealed the District Court’s ruling in order to secure those additional documents,” Chaffetz said.

Guns sold by dealers or informants used in the ATF operation wound up at numerous crime scenes in Mexico and the U.S. In December 2010, two of the weapons were found at the scene of the murder of a Border Patrol agent in Arizona.

Obama’s privilege claim in the Fast and Furious fight was broad-ranging, seeking to cover not only internal deliberations about how to respond to congressional inquiries but also discussions about media strategy related to the congressional probes.

The June 2012 claim in the Fast and Furious case was the only formal assertion of executive privilege by Obama to try to defeat a congressional demand for records or testimony, though the administration has raised executive privilege concerns when declining to comply with other congressional inquiries. Most of those were resolved through negotiations. The administration has also asserted executive privilege in response to a variety of Freedom of Information Act lawsuits.

 

 

 

 

 

It Continues, Panama Papers Proves the Elite’s Dark World

Posted on by

Panama Papers: How German Biz May Have Empowered Venezuela to Forge Passports for Hezbollah

Hezbollah Israel threats

Getty Images

The massive legal firm data leak known as the Panama Papers have exposed business dealings that allowed the government of Venezuela under Hugo Chávez to use Cuban money to purchase advanced passport technology from Germany. Venezuela would later be accused of falsifying passports for Hezbollah terrorists.

Breitbart: The revelation surfaced as part of the 11.5 million documents leaked to the German newspaper Süddeutsche Zeitung from the Panamanian law firm Mossack Fonseca, later handed over for aid in analysis to a number of journalistic outlets, most prominently the International Consortium of Investigative Journalists (ICIJ). The ICIJ has set up a website to help parse the information in these documents, and one website specifically for the revelations surfacing on the government of Venezuela.

It is there that the ICIJ has revealed in a Spanish-language report that Mossack Fonseca helped the governments of Cuba and Venezuela establish a shell corporation to engage a German technology company to buy state-of-the-art passport printing technology.

According to the report, late dictator Hugo Chávez established a project in 2005 to update the Venezuelan passport system, which would first require identifying a seller of the appropriate technology to approach. Venezuela, then as now, enjoying patronage from the government in Havana, would use Cuban money to buy the new technology. This made the purchase much more difficult, as few respectable corporations would feel comfortable doing business with the communist dictatorship.

Venezuela found a vendor: the German company Bundesdrukerei. In an email surfacing as part of the Panama Papers, a representative of that corporation makes clear: “the fundamental reason why this company does not want to sell to Cuba and Venezuela directly is because of the reputational issue. They fear their competition will create adversarial propaganda against them for selling to totalitarian governments.”

Mossack Fonseca then stepped in to design an elaborate currency exchange system to disassociate Cuba with the funding, a system known in Latin America as a “financial bicycle,” because the money is peddled through so many different currencies as to render its origins barely recognizable. Many corporations use this system to generate income, switching into cheaper currencies with higher interest rates and waiting for the money to grow before returning the money to its original form. In this case, Mossack Fonseca cycled the money through the currencies of at least four countries in addition to Cuba and Venezuela, then put the money in a shell corporation: Billingsley Global Corp. Billingsley bought the technology after receiving an influx of 64 million euros.

Venezuela got its passports, and Cuba retained the right to access and control the software that creates the passports.

Like most of the known revelations in the Pentagon Papers, this exchange is of questionable legality at worst, completely acceptable for a global banking lawyer at best. What makes this particular discovery notable is the years of evidence mounting that Venezuela and Cuba used the Venezuelan passport system to fabricate false documents for Hezbollah terrorists.

A 2015 report estimated that the government of Venezuela has issued over 500 passports to members of the Shiite terrorist group Hezbollah. The terrorists would then use the passports to travel more freely through the Western Hemisphere, as their real identities and nationalities would trigger more thorough investigations into their backgrounds. Spanish reporter Emili Blasco found evidence that current Venezuelan strongman Nicolás Maduro met with Hezbollah leader Hassan Nasrallah in 2007 to discuss an agreement for distributing the fake passports.

A former diplomat in Venezuela’s Baghdad embassy, Misael López Soto, testified before fleeing the embassy in a video posted online that he was forced to flee after receiving multiple death threats for attempting to notify Caracas that his embassy was distributing dozens of falsified birth certificates, passports, and other government documents to known members of Hezbollah. The terrorists would pay between $5000 and S15000 for each document.

A report in February at the UK-based Asharq Al-Awsat cited a former Venezuelan diplomat as alleging that a “Cuban company” had made an agreement with Venezuela to issue the contracts. No details were provided, but such an agreement fits the Panama Papers description of the incident.

The governments of either nation have yet to remark on this particular allegation.

****

The Dark Art World, remember the movie the Monuments Men? Seems the art that was looted but some was never recovered or was it?

This is a long yet quite detailed summary of the art world where owner’s names are never mentioned or buried in layers of obscure companies all performed by the Mossack Fonseca law firm. Below are but a few paragraphs. To read the whole summary, go here.

  • Panama Papers provides unprecedented look at connection between international art trade and offshore secrecy
  • Billionaire art dealers use offshore company to shield painting allegedly looted by Nazis
  • Identity revealed of the man secretly behind the 20th century’s most important modern art auction

ICIJ in part: When high-dollar art changes hands, it often lands in a free trade zone known as a freeport. As long as art is housed in the freeport, owners pay no import taxes or duties. Critics worry the freeport system can be used to dodge tax or launder money since precise inventories and transactions are not tracked. According to the international professional services firm Deloitte, 42 percent of art collectors it surveyed said they would likely use a freeport. The oldest freeport, with the most art, is in Geneva. Its complex of storage facilities is said to contain enough treasure to rival any museum in the world.

The Nahmads began as a banking dynasty of Sephardic Jews from Aleppo, Syria. In 1948, Hillel Nahmad relocated his wife and eight children to Beirut.

Three of his sons — Giuseppe, David and Ezra — eventually moved to Milan and, by the early 1960s, had become active art dealers. Giuseppe, the patriarch of the family, had a taste for expensive sports cars and, according to his brother David, once dated Rita Hayworth. He also pioneered treating the art business like a stock market, buying and holding paintings until exactly the right time to sell to maximize profit.

He died in 2012. David assumed the mantel of family leader. He and his older brother Ezra both named their sons Hillel after their grandfather. The two sons both go by Helly. Together the four continue the family business.

The two surviving brothers are worth a combined $3.3 billion, according to Forbes. They live in Monaco, among other locales. In addition to currency trading and art dealing, David Nahmad is also a championship backgammon player. Each son has a namesake gallery. Ezra’s son has the Helly Nahmad Gallery in London and David’s offspring, an identically named one in New York.

The Mossack Fonseca records indicate the Nahmads were early adopters of the benefits of offshoring art.

articles/05Art/160407-art-06.jpgFine art dealer and billionaire David Nahmad. Photo: AP Photo / Lionel Cironneau

Giuseppe Nahmad registered International Art Center S.A. in 1995 through the Swiss bank UBS and the Geneva office of Mossack Fonseca. It may have existed in another form prior to that date. A document in the Mossack Fonseca files mentions International Art Center acquiring the pastel “Danseuses” by Edgar Degas in October 1989.

 

 

 

More Hillary Collusion Surfaces

Posted on by

This is the time we need the NSA to produce some meta data on cell phones and honestly the actual conversations.

Panama Papers Scandal Hits the Clinton Campaign

Hillary Clinton’s campaign chairman, John Podesta, has ties to Russia’s Sberbank, which has been implicated in the “Panama Papers” tax-avoidance scandal.

A report parsing through what is currently known to be included in the Mossack Fonseca data leak about Russian corporations found that Podesta’s eponymous Podesta Group lobbying firm took on Sberbank as a client only a month ago. John Podesta’s brother Anthony, who bundles campaign donations for Clinton, is listed as the lobbyist for the Sberbank account.

According to the Washington Free Beacon report, the Podesta Group’s lobbying registration form lists three other entities affiliated with Sberbank: “Cayman Islands-based Troika Dialog Group Limited, Cyprus-based SBGB Cyprus Limited, and Luxembourg-based SB International.”

Both Sberbank and the Troika Dialog Group are linked with companies used by members of Russian president Vladimir Putin’s inner circle to shift government funds into personal offshore accounts, according to allegations leveled by the International Consortium of Investigative Journalists (ICIJ), the group managing the Panama Papers story – for example, leaked documents from Panamanian law firm Mossack Fonseca that showed Troika Dialog secretly signing away interest in a Russian truck manufacturer to an offshore company called Avto Holdings, owned by close Putin friend Sergei Roldugin.

This, and many similar transactions, are characterized by the Panama Papers journalists as examples of how “offshore companies affiliated with Putin’s friend had privileged rights to control large stakes in strategic Russian enterprises, to receive dividends, and to buy these stakes for laughable sums.” A must read of the rest here from Breitbart.

*****

Hold on there is more……

Clinton Foundation Donor Ensnared in Kickbacks Probe

Abraaj Group co-sponsored Clinton Global Initiative annual meeting, secured U.S. government business

FreeBeacon: A major Clinton Foundation donor company that has been granted millions in U.S. federal loans has been linked to a corruption probe in Pakistan, according to reports.

The Abraaj Group, a Middle Eastern investment fund that contributed between $500,000 and $1 million to the Clinton Foundation, has not been charged in the case, but its name has surfaced in Pakistani media reports. Authorities in Sindh province have accused a prominent government official of providing illegal favors to K-Electric, a power company owned and managed by the Abraaj Group since 2009.

Former Pakistani oil minister Dr. Asim Hussain was arrested last year amid allegations that he helped harbor terrorists in a string of hospitals he owned and doled out illegal contracts to companies, including K-Electric. Both Hussain and K-Electric have denied the allegations.

The investigation has not impacted the U.S. government’s ongoing partnership with the Abraaj Group, which dates back to at least 2012. That year, the Overseas Private Investment Corporation—a federal agency that dispenses corporate loans under the guidance of the U.S. State Department—selected the Abraaj Group to manage its $150 million Middle East investment fund.

Two weeks later, the Abraaj Group co-sponsored the Clinton Global Initiative’s annual meeting.

Last October, the Overseas Private Investment Corporation again pledged up to $250 million to help fund the Abraaj Group’s K-Electric operations. The announcement came less than a month after the Sindh Rangers, a Pakistani law enforcement agency, reportedly issued a 12-page report accusing Hussain of passing illegal favors to K-Electric.

According to the Sindh Rangers, Hussain was “involved in various acts of corruption, corrupt practices and misuse of authority as public office holder.” The paramilitary group claimed he also embezzled money that was “subsequently used in terror financing and funding target killers.”

The Rangers’ report claimed that “Dr Asim [Hussain] gave favours and illegal gas connections to KESC [K-Electric], which was owned by Abraaj Group with links to [former Pakistani president] Asif Zardari and [Zardari’s sister] Faryal Talpur to the tune of Rs100 billion,” according to a summary by the International News.

A spokesperson for the Overseas Private Investment Corporation told the Washington Free Beacon that its board approved the project with the Abraaj Group and K-Electric before news of the investigation emerged.

“We are aware of the situation and are following up with the borrower,” OPIC press secretary Sandra Niedzwiecki said.

A spokesperson for the Abraaj Group referred the Free Beacon to an Oct. 2, 2015 statement on the K-Electric website, which strongly denied the charges.

“K-Electric has categorically refuted and denied the false and defamatory allegations that have been referenced in a few publications regarding undue favors taken by the company and/or the provision of illegal gas connections and supply,” the statement said. “K-Electric is a publicly listed company and operates in strict compliance with national laws and regulations and adheres to the highest standards of ethics and corporate governance.”

A spokesperson for the Abraaj Group said K-Electric “has not been contacted by any government or judicial agencies on this matter.”

Dr. Asim Hussain has pleaded not guilty to separate charges of aiding terrorists and corruption.

Hussain appeared in Karachi’s Accountability Court on Thursday, where he was expected to be indicted, according to reports. However, jail authorities brought him to the courthouse over an hour late, and the hearing was rescheduled for a later date.

Last month, Pakistan’s anti-corruption agency, the National Accountability Bureau, filed a corruption reference against Hussain. “In this case, the accused persons were alleged to have illegally fraudulently and with the connivance of officials of OGDCL [Oil and Gas Development Company, Limited] and SSGCL [Sui Southern Gas Company, Limited] awarded gas contracts,” the bureau’s executive board wrote in a March 2 statement.

K-Electric is not the only part of the Abraaj Group entangled in a corruption case. The CEO of PetroTiger, a Colombian petroleum company in the Abraaj Group’s portfolio, pleaded guilty to bribing a foreign official last June. He was sentenced to probation. PetroTiger reportedly cooperated in the case and the company was not charged.

 

 

 

Visa Waiver Program to be Suspended or Terminated?

Posted on by

EU may require visas from Americans and Canadians: EU source

Reuters: The European Union executive is considering whether to make U.S. and Canadian citizens apply for visas before traveling to the bloc in a move that could raise tensions as Brussels negotiates a free trade pact with Washington.

The European Commission will debate the issue, prompted by U.S. and Canadian refusals to waive their visa requirements for holders of some EU member states’ passports, at a meeting next Tuesday. That is just over a week before U.S. President Barack Obama arrives in Europe on a visit that will include discussions on trade.

“A political debate and decision is obviously needed on such an important issue. But there is a real risk that the EU would move towards visas for the two,” an EU source said.

Washington and Ottawa both demand visas before traveling for Romanians and Bulgarians, whose states joined the EU in 2007. The United States also excludes Croatians, Cypriots and Poles from a visa waiver scheme offered to other EU citizens.

Europe’s Schengen area, comprising 26 states, most of which are in the 28-member EU, has a common visa system. Poland is a member of Schengen, and the other four states are due to join.

Trade negotiations between Brussels and Washington are at a crucial point since both sides believe their transatlantic agreement, known as TTIP, stands a better chance of passing before President Barack Obama leaves the White House in January.

Obama is due to visit Britain before meeting German Chancellor Angela Merkel at a trade fair in Hanover on April 24.

Blah blah blah —>>>

U.S. Visa Waiver Program

DHS: The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 38 countries[1] to travel to the United States for business or tourism for stays of up to 90 days without a visa.  In return, those 38 countries must permit U.S. citizens and nationals to travel to their countries for a similar length of time without a visa for business or tourism purposes.  Since its inception in 1986, the VWP has evolved into a comprehensive security partnership with many of America’s closest allies.  The VWP utilizes a risk-based, multi-layered approach to detect and prevent terrorists, serious criminals, and other mala fide actors from traveling to the United States. This approach incorporates regular, national-level risk assessments concerning the impact of each program country’s participation in the VWP on U.S. national security and law enforcement interests.  It also includes comprehensive vetting of individual VWP travelers prior to their departure for the United States, upon arrival at U.S. ports of entry, and during any subsequent air travel within the United States.

Economic Benefits

A strong and vibrant economy is essential to our national security. The United States welcomed approximately 20 million VWP travelers in FY 2014 who, according to the Department of Commerce, spent approximately $84 billion on goods and services.  VWP travelers injected nearly $231 million a day into local economies across the country.

Initial and Continuing Designation Requirements

The eligibility requirements for a country’s designation in the VWP are defined in Section 217 of the Immigration and Nationality Act as amended by the Secure Travel and Counterterrorism Partnership Act of 2007.  Pursuant to existing statute, the Secretary of Homeland Security, in consultation with the Secretary of State, may designate into the VWP a country that:

  1. Has an annual nonimmigrant visitor visa (i.e., B visa) refusal rate of less than three percent, or a lower average percentage over the previous two fiscal years;
  2. Accepts the repatriation of its citizens, former citizens, and nationals ordered removed from the United States within three weeks of the final order of removal;
  3. Enters into an agreement to report lost and stolen passport information to the United States via INTERPOL or other means designated by the Secretary;
  4. Enters into an agreement with the United States to share terrorism and serious criminal information;
  5. Issues electronic, machine-readable passports with biometric identifiers;
  6. Undergoes a DHS-led evaluation of the effects of the country’s VWP designation on the security, law enforcement, and immigration enforcement interests of the United States; and
  7. Undergoes, in conjunction with the DHS-led evaluation, an independent intelligence assessment produced by the DHS Office of Intelligence and Analysis (on behalf of the Director of National Intelligence).