Murdoch’s hacking scandal continues to metastasize, spreading to Sky News now, which admitted when asked by The Guardian that it illegally broke into two email accounts of two people in the news.
A senior Sky executive signed off on the hacking, saying it was in the “public interest.” The stories were about the “canoe man,” who faked his own death. The public certainly was interested in the story, I reckon. You can justify breaking laws for any sensational story then.
Intercepting emails is an offence under the Computer Misuse Act, and there is no public interest defence written in law. Theoretically, however, any email hacking charges would have to be brought at the discretion of the police and the Crown Prosecution Service, which could weigh up whether any intrusions could be justified. The role of the CPS in this area is untested, and Keir Starmer, the director of public prosecutions, told the Leveson inquiry in February that he intended to issue guidance to clarify the issue.
Of course, the question now is whether these were the only hackings at Sky News.
— The New York Times reports that the Commodity Futures Trading Commission is set to slap JPMorgan Chase with a $20 million fine for lending too much to Lehman Brothers and for withholding customer funds after its bankruptcy. That ought to show them!
The Financial Times follows with an analysis that says press favorite Jamie Dimon’s bank is coming under increased scrutiny. This is a nice lede:
Three times a pallbearer, never a corpse - that is JPMorgan Chase’s experience of the brutal financial markets of the past few years.At the demise of Bear Stearns, Lehman Brothers and, most recently, MF Global, the bank has been deeply involved: in a rescue bid for Bear and in a complex network of relationships with Lehman and MF Global. Its unrivalled reach raises inevitable questions about its role.
— I like the way Carleton professor Frances Woolley starts off this Globe and Mail column:
On Wednesday, I received a call from a reporter desperately trying to find a credible expert prepared to speak in favour of the OLG’s plans to build a downtown casino in Ottawa. “We need balance,” he said. Which made me wonder, does balanced journalism mean finding people to support stupid ideas?
No, that’s false balance, and it happens far too often—almost an instinct for reporters and editors.
Woolley goes on to argue why casinos are bad public policy:
Study after study, as summarized in this recent comprehensive review, finds that lottery and other gaming revenues come disproportionately from lower income people. Instant games, such as slot machines, are particularly insidious. They prey on those who seek instant gratification, and study after study shows that success in life is strongly related to the ability to defer gratification, to avoid eating the marshmallow.
This same review found no evidence that increased gaming revenues lead to better or improved public services. U.S. studies have found that the introduction of presence of state lotteries ear-marked for education is associated with lower levels of education funding.
Well thanks god the CFTC is actually doing something. That's 20 million times better than the rest of the regulatory apparatus, ie: the securitization task force.
http://news.firedoglake.com/2012/04/09/credo-calls-out-securitization-fraud-task-force-investigators-not-even-deployed/
"CREDO, the online progressive organizing group, alleges in a new email to supporters that the Justice Department has not delivered the promised (and paltry) number of 55 staff members to the RMBS working group, the task force co-chaired by New York Attorney General Eric Schneiderman to investigate the mortgage securitization practices of the leading banks...
'The 55 investigators promised to the financial crimes task force is not nearly enough. And to find out that President Obama hasn’t delivered on those investigators, let alone resourced the effort at the levels appropriate to the biggest financial fraud in U.S. history, is shocking.'
This matters not just because of broken promises, but because the foot-dragging has serious consequences. Many of the various types of fraud that this task force is supposed to be investigating have statutes of limitations, some of which will run out on the very last securitization deals completed before the housing bubble collapsed. There are several 10-year statutes of limitations, particularly through the federal law FIRREA. But other statutes have a 5-year limit, and the last deals were made in 2007. So this looks suspiciously like running out the clock."
It's 2012. The democrats have had sway over the department of justice for 4 years. The fraud committed in the spring of 2006? Its crime status has expired.
We know they are willing to expend their resources against little acts of civil disobedience where fraud is concerned, where is the DOJ now? Is fraud a crime when it's based on principle and not when its based on profit? Should activists hire lobbyists and give donations to PACs instead of hiring lawyers? Because if you do the former, your crime will not see the light of a courthouse. You don't need a lawyer to defend yourself against charges of expired crime.
#1 Posted by Thimbles, CJR on Mon 9 Apr 2012 at 01:49 PM
Revalent passage from the statement of a civil disobedient who will be in jail years longer than the thieves and murderers who pollute and bankrupt our economy:
http://grist.org/climate-energy/2011-07-27-tim-dechristophers-statement-to-the-court/
"As the government’s memorandum points out, I have also made public statements about the value of civil disobedience in bringing the rule of law closer to our shared sense of justice. In fact, I have openly and explicitly called for nonviolent civil disobedience against mountaintop removal coal mining in my home state of West Virginia. Mountaintop removal is itself an illegal activity, which has always been in violation of the Clean Water Act, and it is an illegal activity that kills people. A West Virginia state investigation found that Massey Energy had been cited with 62,923 violations of the law in the ten years preceding the disaster that killed 29 people last year. The investigation also revealed that Massey paid for almost none of those violations because the company provided millions of dollars worth of campaign contributions that elected most of the appeals court judges in the state. When I was growing up in West Virginia, my mother was one of many who pursued every legal avenue for making the coal industry follow the law. She commented at hearings, wrote petitions and filed lawsuits, and many have continued to do ever since, to no avail. I actually have great respect for the rule of law, because I see what happens when it doesn’t exist, as is the case with the fossil-fuel industry. Those crimes committed by Massey Energy led not only to the deaths of their own workers, but to the deaths of countless local residents, such as Joshua Mc Cormick, who died of kidney cancer at age 22 because he was unlucky enough to live downstream from a coal mine. When a corrupted government is no longer willing to uphold the rule of law, I advocate that citizens step up to that responsibility.
This is really the heart of what this case is about. The rule of law is dependent upon a government that is willing to abide by the law. Disrespect for the rule of law begins when the government believes itself and its corporate sponsors to be above the law."
#2 Posted by Thimbles, CJR on Mon 9 Apr 2012 at 02:25 PM
That's unfortunate. The message I got on the first submit was "captcha test entered incorrectly".
Methinks a bug perhaps is responsible? A connection lost on my end? Weird.
#3 Posted by Thimbles, CJR on Mon 9 Apr 2012 at 02:34 PM
Jesus.
http://video.msnbc.msn.com/up-with-chris-hayes/46918459
Jesus why?
http://www.rollingstone.com/politics/blogs/taibblog/why-obamas-jobs-act-couldnt-suck-worse-20120409
"Boy, do I feel like an idiot. I've been out there on radio and TV in the last few months saying that I thought there was a chance Barack Obama was listening to the popular anger against Wall Street that drove the Occupy movement, that decisions like putting a for-real law enforcement guy like New York AG Eric Schneiderman in charge of a mortgage fraud task force meant he was at least willing to pay lip service to public outrage against the banks.
Then the JOBS Act happened.
The "Jumpstart Our Business Startups Act" (in addition to everything else, the Act has an annoying, redundant title) will very nearly legalize fraud in the stock market.
In fact, one could say this law is not just a sweeping piece of deregulation that will have an increase in securities fraud as an accidental, ancillary consequence. No, this law actually appears to have been specifically written to encourage fraud in the stock markets.
Ostensibly, the law makes it easier for startup companies (particularly tech companies, whose lobbyists were a driving force behind its passage) attract capital by, among other things, exempting them from independent accounting requirements for up to five years after they first begin selling shares in the stock market.
The law also rolls back rules designed to prevent bank analysts from talking up a stock just to win business, a practice that was so pervasive in the tech-boom years as to be almost industry standard...
There's just no benefit that the JOBS Act brings to an honest startup company. In fact, it puts an honest company at a severe disadvantage, because now it has to compete against other, less scrupulous companies that can simply make their projections up on the backs of envelopes.
This is like formally eliminating steroid testing for the first five years of a baseball player's career. Yes, you can pretty much bet that you'll see a lot of home runs in the first few years after you institute a rule like that. But you'd better be ready to stick a lot asterisks in the record books ten or fifteen years down the line.
In the same way, get ready for an avalanche of shareholder suits ten years from now, since post-factum civil litigation will be the only real regulation of the startup market. In fact, there are already supporters talking up future lawsuits as an appropriate tool to replace the regulations being wiped out by this bill...
The finance world is buzzing over this bill. The reactions I've heard so far range from minutes-long guffaws of dark laughter to bloodcurdling, I-can't-freaking-believe-they-went-this-far outrage. "I thought I had lost the ability to be shocked," one friend of mine, a former regulator, told me this weekend, chuckling at the sheer stones it took to push the law. "But this thing is just inspired. They broke the mold with this one."..
In the meantime, let's just say this is a dramatic step taken by Barack Obama. Nobody should have any illusions about where he stands on Wall Street corruption after this thing. Boss Tweed himself couldn't have done any worse."
The economy needs to recover, therefore let's revive the pump and dump model and pretend that a sucker instigated wealth transfer to the banks is real economic growth! What can go wrong. AWESOME!
#4 Posted by Thimbles, CJR on Mon 9 Apr 2012 at 10:11 PM