Tag: Corruption

About Fucking Time

Rick Snyder, former governor of Michigan, as well as his senior staff, will be criminally charged over his role in the poisoning of the water in Flint

The specifics of the charges are not known at this time, so my guess is that we are looking at an obstruction of justice and the like:

Former Michigan governor Rick Snyder, his health director and other ex-officials have been told they’re being charged after a new investigation of the Flint water scandal, which devastated the majority Black city with lead-contaminated water and was blamed for a deadly outbreak of Legionnaires’ disease in 2014-15, the Associated Press has learned.

Two people with knowledge of the planned prosecution told the AP on Tuesday that the attorney general’s office has informed defense lawyers about indictments in Flint and told them to expect initial court appearances soon. They spoke to the AP on condition of anonymity because they were not authorized to speak publicly.

The AP could not determine the nature of the charges against Snyder, former health department director Nick Lyon and others who were in the Snyder administration. The attorney general’s office declined to comment on details of the ongoing investigation. Spokeswoman Courtney Covington Watkins said investigators were “working diligently” and “will share more as soon as we’re in a position to do so”.

Snyder’s attorney didn’t return calls seeking comment.

I have no direct knowledge as to the course of the investigations, or the prosecutions, but if Snyder were charged with something like taking bribes over the water pipeline, or some other explicit corruption, I think that other people would have been prosecuted, and have cut deals, before Snyder was charged.

Not a Good Look

It turns out that Theranos has systematically destroyed incriminating evidence.

This appears to be deliberate obstruction of the investigation:

Failed blood-testing unicorn Theranos trashed vital incriminating evidence of its fraud, prosecutors said on Monday.

The imploded startup’s extensive testing data over three years, including its accuracy and failure rate, was “stored on a specially-developed SQL database called the Laboratory Information System (LIS),” according to a filing [PDF] in the fraud case against Theranos’s one-time CEO Elizabeth Holmes and COO Sunny Balwani.

………

The reality, however, was that for one set of tests, the failure rate was 51.3 per cent. What does that mean? Prosecutors explain: “In other words, Theranos’s TT3 blood test results were so inaccurate, it was essentially a coin toss whether the patient was getting the right result. The data was devastating.”

………

From the filing: “On or about August 31, 2018 – three months after a federal grand jury issued a subpoena requesting a working copy of this database – the LIS was destroyed. The government has never been provided with the complete records contained in the LIS, nor been given the tools, which were available within the database, to search for such critical evidence as all Theranos blood tests with validation errors. The data disappeared.”

………

When a grand jury issued a subpoena for the database, Theranos’s lawyer came up with a strategy to supply the info without exposing the company’s appalling test results: hand over a backup of the database to the government and fail to provide the necessary materials to reconstruct it.

How do we know this? Because prosecutors said they have the internal emails showing staff discussing exactly that: how the backup wouldn’t come with the “layers of applications and data.” Its VP of Operations emailed an internal lawyer: “If we are just handing over a database, I’m not sure it will meet the needs.”

If that wasn’t enough, all three versions of the backup provided to the US government came with a password that was necessary to open it up. And no one was able to remember it, at least according to the various internal emails flying around. After some discussion, it was agreed that Theranos’s former head of IT, Antti Korhonen, was the only one with the password. But then Korhonen wasn’t able to find it either.

Unable to get at the database, Uncle Sam put an expert on the case: “The government retained a computer forensic expert to assist in retrieving this data, who found that the ‘key’ file on the hard drive, required to reconfigure the SQL database, is itself encrypted by a distinct password (not the one provided with the transmittal letter to open the hard drive), and cannot be opened.”

While all this was going on, Theranos decided to shut down the facility that housed the database in Newark, New Jersey. Execs were warned that if the hardware and servers were taken apart “it would be almost impossible to recreate the database” by Theranos IT contractor Michael Chung. But they shut it down anyway, and any access to the database from that point was lost – both for Theranos and government investigators.
Oops?

Uncle Sam’s legal eagles are not convinced this was an innocent mistake. Referring to the IncRev’s CEO, they note: “Even though Chandrasekaran knew the LIS hardware would be coming apart on Friday, August 31, 2018, and even though he was on an email chain in which the ‘all clear’ was given to take apart the hardware, he waited until two days later, September 2, 2018, to email a senior Theranos official with a list of items he would need from the database in order to reconstruct the LIS.

………

Its conclusion? “It does not appear from the timing of Chandrasekaran’s requests that he, in fact, intended to successfully copy the database before it shutdown.”

There is plenty of other evidence that, despite Theranos’s repeat claims, its machines were so inaccurate that they were fundamentally worthless. But the database would have provided clear proof that the company had to be aware that its entire testing system was fundamentally flawed, which itself supports the argument that the startup knowingly misled investors. While lying in press releases and interviews is reprehensible, it’s not necessarily a crime. However, lying in presentations to people in order to pull in investment is.

The failure to retain a working copy of a database that the company had paid millions to build and maintain, and which contained critically important information for the functioning of the business, is, let’s say, suspicious. Sufficiently suspicious that prosecutors wrote an entire filing about it.

………

Other filings reveal that Holmes would often personally handle complaints about how inaccurate its tests appeared to be, something that prosecutors says is evidence that the CEO knew that its testing machines didn’t work while at the same time continuing to claim the opposite in public. Holmes and Balwani face a dozen criminal wire fraud charges apiece, and up to 20 years in prison if found guilty.

Throw the book at them.

There are way too many unicorns out there who are little more than fraud, and we need to start throwing their founders in jail.

Yeah, Lihop*

So, now we know that there were specific rports from the FBI that right-wings intended to invade the Capitol on January 6.

Yet more evidence that the passivity of law enforcement in the face of a clear threat was more than just incompetence:

A day before rioters stormed Congress, an FBI office in Virginia issued an explicit warning that extremists were preparing to travel to Washington to commit violence and “war,” according to an internal document reviewed by The Washington Post that contradicts a senior official’s declaration the bureau had no intelligence indicating anyone at last week’s demonstrations in support of President Trump planned to do harm.

A situational information report approved for release the day before the U.S. Capitol riot painted a dire portrait of dangerous plans, including individuals sharing a map of the complex’s tunnels, and possible rally points for would-be conspirators to meet in Kentucky, Pennsylvania, Massachusetts and South Carolina and head in groups to Washington.

“As of 5 January 2021, FBI Norfolk received information indicating calls for violence in response to ‘unlawful lockdowns’ to begin on 6 January 2021 in Washington, D.C.,” the document says. “An online thread discussed specific calls for violence to include stating ‘Be ready to fight. Congress needs to hear glass breaking, doors being kicked in, and blood from their BLM and Pantifa slave soldiers being spilled. Get violent. Stop calling this a march, or rally, or a protest. Go there ready for war. We get our President or we die. NOTHING else will achieve this goal.”

………

Yet even with that information in hand, the report’s unidentified author expressed concern that the FBI might be encroaching on free-speech rights.

We can’t do this to Wypipo.


The warning is the starkest evidence yet of the sizable intelligence failure that preceded the mayhem, which claimed the lives of five people, although one law enforcement official, speaking on the condition of anonymity to avoid disciplinary action, said the failure was not one of intelligence but of acting on the intelligence.

………

The head of the FBI’s Washington Field Office, Steven D’Antuono, told reporters on Friday that the agency did not have intelligence suggesting the pro-Trump rally would be anything more than a lawful demonstration. During a news conference Tuesday, held after The Post’s initial publication of this report, he said the alarming Jan. 5 intelligence document was shared “with all our law enforcement partners” through the joint terrorism task force, which includes the U.S. Capitol Police, the U.S. Park Police, D.C. police, and other federal and local agencies.

………

Steven Sund, who resigned as Capitol Police chief, said in an interview Tuesday that he never received nor was made aware of the FBI’s field bulletin, insisting he and others would have taken the warning seriously had it been shared.

“I did not have that information, nor was that information taken into consideration in our security planning,” Sund said.

………

The Jan. 5 FBI report notes that the information represents the view of the FBI’s Norfolk office, is not to be shared outside law enforcement circles, that it is not “finally evaluated intelligence,” and that agencies receiving it “are requested not to take action based on this raw reporting without prior coordination with the FBI.”

Again.  “We can’t do this to Wypipo!”

………

The document notes that one online comment advised, “if Antifa or BLM get violent, leave them dead in the street,” while another said they need “people on standby to provide supplies, including water and medical, to the front lines. The individual also discussed the need to evacuate noncombatants and wounded to medical care.”

On Jan. 6, a large, angry crowd of people who had attended a rally nearby marched to the Capitol, smashing windows and breaking doors to get inside. One woman in the mob was shot and killed by Capitol Police; officials said three others in the crowd had medical emergencies and died. A Capitol Police officer died after suffering injuries.

………

For weeks leading up to the event, FBI officials discounted any suggestion that the activities of Trump supporters upset about the scheduled certification of Biden’s election win could be a security threat on a scale with the racial-justice demonstrations that followed the police killing of George Floyd in Minneapolis in May.

………

Even so, there were warning signs, though none as stark as the one from the FBI’s Norfolk office.

FBI agents had in the weeks before the Trump rally visited suspected far-right extremists, hoping to glean whether they had violent intentions, said a person familiar with the matter who spoke on the condition of anonymity to discuss the law enforcement activity. It was not immediately clear who was visited or if the FBI was specifically tracking anyone who would later be charged criminally. These visits were first reported Sunday by NBC News.

In addition, in the days leading up to the demonstrations, some Capitol Hill staffers were told by supervisors to not come in to work that day, if possible, because it seemed the danger level would be higher than many previous protests, according to a person familiar with the warning who spoke on the condition of anonymity to discuss the matter. Capitol Police did not take the kind of extra precautions, such as frozen zones and hardened barriers, that are typically used for major events near the Capitol.

Again, this looks like deliberate malfeasance.

Law enforcement departed from standard protocols in order to empower the insurrectionists.

………

The FBI recently issued a different memo saying that “armed protests” were being planned “at all 50 state capitols” and in D.C. in the run-up to the inauguration, according to an official familiar with the matter, speaking on the condition of anonymity to discuss a sensitive law enforcement matter.

They knew that there was a risk of violence, and either because of interference from the Trump administration, or because senior elements of the US State Security Apparatus chose to be on the side of insurrection.

I’m more inclined to believe the latter case today than I was yesterday.

*Let It Happen On Purpose.

Yeah, LIHOP

As a bit of an FYI, there are two terms that frequently find their way into discussion, MIHOP (Make It Happen On Purpose), and LIHOP (Let It Happen On Purpose).

In the case of the recent riots and invasion of the US Capitol, at best the latter seems to be the case, particularly given the fact that there was a greater police presence at the March for Science headlining Bill Nye, The Science Guy. (Read the whole Twitter thread, it is chilling)

Now we have a report that  the FBI is investigating the possibility that there was inside support from law enforcement and the bureaucracy.

Well, duh:

The FBI has reasons to believe the mob of Trump supporters who stormed the Capitol not only premeditated the assault, but might have been aided by police and staffers in the building … TMZ has learned.

High ranking sources inside the Capitol Police Dept. tell TMZ the FBI is looking at several facts that stink of an inside job. For starters, the Bureau is puzzled by the ease with which the mob found its way to House Speaker Nancy Pelosi‘s office.

It’s not off any main hallway or next to other Congressional offices … in fact, the path to get to the entrance is maze-like and not open to the public like other parts of the Capitol. The rioters who took it over — vandalizing it and stealing a laptop — got there within 10 minutes of entering the Capitol.

We’re told the FBI feels someone must have provided a roadmap for them to find it that quickly. Remember, the Capitol has been closed to the public since March due to the pandemic so it’s not like these guys could have been casing it to plot their path.

It is patently obvious that the law enforcement response by both by the Capitol Police and the DC Police was intentionally lackadaisical, and since neither of those organizations answer to the White House, this cannot be attributed to Trump administration rat-fuckery.

The lackadaisical response from the FBI and the National Guard, however, might very well have been told to stand down by Trump and his Evil Minions™.

It’s almost certain that a thorough investigation will see deliberate dereliction of duty, and I’d bet dollars to navy beans that that there were people inside of both the White House and the Congress who were actively aiding the rioters.

Threat of the Day

Hire any of Trump’s fellow fabulists above, and Forbes will assume that everything your company or firm talks about is a lie. We’re going to scrutinize, double-check, investigate with the same skepticism we’d approach a Trump tweet. Want to ensure the world’s biggest business media brand approaches you as a potential funnel of disinformation? Then hire away.

Randall LaneForbes, Chief Content Officer and Editor at Forbes Magazine

He is talking about Trump’s PR flacks, Sean Spicer, Kellyanne Conway, Sarah Huckabee Sanders, Stephanie Grisham, and Kayleigh McEnany.

I would add other personnel who served as as part of the axis of lying, Elaine Chao, Steve Mnuchin, Betsy Devos, Mike Pompeo, etc. to people who should not be allowed to return to polite to society, much less cash in.

Why the Resignations?

Call me a cynic, but I think that the reason that so many Trump administration cabinet member have chosen to resign is that they don’t want to be on the record making a decision about removing Donald Trump under the provisions of the 25th Amendment of the Constitution.

They think that participating in that would be disastrous for their future careers.

I know that you are probably thinking, “Future careers, surely you jest,” but let me show you Richard M. Nixon’s “last” press conference, which he gave in 1962:


Much like a bad penny, these folks will be back.

Depressing as Hell, But True

Silly. Joe Manchin is now the chair of every committee. https://t.co/HbtdYGTu7F

— Matt Stoller (@matthewstoller) January 6, 2021

Matt Stoller is right.

Because of the one vote margin in the Senate, Joe Manchin’s ego, and the needs of his campaign donors, will be driving the Senate Agenda.

The Dems should call him out early and often.  

Better to call his bluff, and have an excuse for nothing getting done, than to acquiesce, and suffer the consequences of bad policy and worse politics.

The Pigs Walk

The Kenosha County District Attorney has announced that no charges will be filed against the officers that shot Jacob Blake

The prosecutor is claiming that it will be too tough to convince a jury.

Another corrupt prosecutor covering up for the police:

The top prosecutor in Kenosha, Wis., declined to bring charges against the police officer who shot and gravely wounded Jacob Blake outside an apartment building in August, an episode that sparked protests and rioting and made the city an instant flash point in a summer of unrest that began with the killing of George Floyd.

The decision not to file charges against the officer, Rusten Sheskey, was announced on Tuesday afternoon by Michael Graveley, the Kenosha County district attorney. He said that investigators had reviewed 40 hours of video and hundreds of pages of police reports before making the decision.

The prosecutor said a case against the officer would have been very hard to prove, in part because it would be difficult to overcome an argument that the officer was protecting himself. He said Mr. Blake had admitted to holding a knife — even describing switching it from one hand to another as he moved to open a car door — and that statements from officers and other witnesses indicated that Mr. Blake had turned toward an officer with the knife immediately before he was shot.

………

“This decision does nothing but shore up that message that Black people are not safe in the United States of America in 2021,” Corey Prince, chair of the criminal justice committee of the N.A.A.C.P. in neighboring Racine, said Tuesday. “They continue to devalue Black lives, Black humanity, Black freedom, even when we’re with our kids.”

………

The case incited emotions in large part because of the gruesome scene captured by a cellphone video: A Black man being shot in the back multiple times as he moved away from the officer. Even those arguing that the officers acted appropriately conceded that law enforcement needed to figure out how to reach better outcomes in such situations.

They shot him in the back, but the prosecutor cannot be bothered to even try, because it’s just a Black man, and notwithstanding the protests, Black lives DON’T matter.

Ha Ha!

Now that the scandal-plagued Jerry Fallwell, Jr. has been driven from his post as dictator of Liberty “University”, the students are trying to remove one of his more pernicious legacies, his blatantly political, Trump felching, “think” tank, the Falkirk Center for Faith and Liberty.

Falwell, who does not have a degree in divinity, and Charlie Kirk, ditto, founded the organization which worships Trump first, and Jesus second, and a petition from the students at the “Christian” “University” is asking for it to be shut down, or at least removed from the campus:

Hundreds of former and current Liberty University students are calling on the evangelical Christian school to shutter the Falkirk Center for Faith and Liberty, a campus “think tank” known for promoting conservative political causes.

More than 450 students and recent graduates have signed a student-led petition demanding the university-funded center be dissolved, according to Matt Morris, a Liberty freshman who created the online petition last month.

“The Falkirk Center constantly preaches the message that the church needs to defend Donald Trump at all costs and rescue western civilization,” the petition reads. “Falkirk is wrong. Associating any politician or political movement with Christianity bastardizes the Gospel of Jesus Christ.”

………

………

Falwell, who stepped down as president and chancellor of Liberty in August following a string of personal scandals, was a prominent early supporter of Trump’s 2016 campaign. Trump rewarded Falwell’s loyalty by delivering a commencement address at the university in 2017.

The Falkirk Center, which unlike other research institutions has published no academic studies, openly waded into the 2020 presidential election and other races this campaign season to bolster conservative candidates and causes.

………

The center’s partisan nature has prompted dozens of former faculty members, current students and alumni to publicly speak out against the institution, including members of Liberty’s student leadership.

I believe that if this were to be set to a song, it would be “Ding, Dong, the Witch is Dead.”

Yeah, This Is a Big F%$#Ing Deal

It appears that over the past few days, Donald Trump called the Georgia Secretary of State, Brad Raffensperger, and threatened him in an attempt to get him to manufacture 11,780 votes so that he could claim to have won the state.

It’s a bit late to impeach the bastard, but if this is not criminal, it should be:

The Washington Post obtained a recording of the conversation in which Trump alternately berated Raffensperger, tried to flatter him, begged him to act and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, at one point warning that Raffensperger was taking “a big risk.”

Throughout the call, Raffensperger and his office’s general counsel rejected Trump’s assertions, explaining that the president is relying on debunked conspiracy theories and that President-elect Joe Biden’s 11,779-vote victory in Georgia was fair and accurate.

Trump dismissed their arguments.

“The people of Georgia are angry, the people of the country are angry,” he said. “And there’s nothing wrong with saying, you know, that you’ve recalculated.”

This guy can’t be allowed to just walk away from this.

We’ve already over one hundred Congressmen and a dozen Senators signing onto this.

It’s a cancer on the Republic.

Good Point

Matt Stoller makes a very good point, that the penetration of “premier” cybersecurity firm SolarWinds by hackers,* was a direct consequence of the private equity looting ethos.

They did not play close attention to security (Passwords from movies, seriously), our-sourced work into Eastern Europe, where the FSB could recruit operatives in a day trip.

Security, you see, is not profitable, even if you are a cyber security firm:

Roughly a month ago, the premier cybersecurity firm FireEye warned authorities that it had been penetrated by Russian hackers, who made off with critical tools it used to secure the facilities of corporations and governments around the world.

The victims are the most important institutional power centers in America, from the FBI to the Department of Treasury to the Department of Commerce, as well as private sector giants Cisco Systems, Intel, Nvidia, accounting giant Deloitte, California hospitals, and thousands of others. As more information comes out about what happened, the situation looks worse and worse. Russians got access to Microsoft’s source code and into the Federal agency overseeing America’s nuclear stockpile. They may have inserted code into the American electrical grid, or acquired sensitive tax information or important technical and political secrets.

………

And that makes this hack quite scary, even if we don’t see the effect right now. Mark Warner, one of the smarter Democratic Senators and the top Democrat on the Intelligence Committee, said “This is looking much, much worse than I first feared,” also noting “The size of it keeps expanding.” Political leaders are considering reprisals against Russia, though it’s likely they will not engage in much retaliation we can see on the surface. It’s the biggest hack since 2016, when an unidentified group stole the National Security Agency’s “crown jewels” spy tools. It is, as Wired put it, a “historic mess.”

……….

The most interesting part of the cybersecurity problem is that it isn’t purely about government capacity at all; private sector corporations maintain critical infrastructure that is in the “battle space.” Private firms like Microsoft are being heavily scrutinized; I had one guest-post from last January on why the firm doesn’t manage its security problems particularly well, and another on how it is using its market power to monopolize the cybersecurity market with subpar products. And yet these companies have no actual public obligations, or at least, nothing formal. They are for-profit entities with little liability for the choices they make that might impose costs onto others.

………

All of which brings me to what I think is the most compelling part of this story. The point of entry for this major hack was not Microsoft, but a private equity-owned IT software firm called SolarWinds. This company’s products are dominant in their niche; 425 out of the Fortune 500 use SolarWinds. As Reuters reported about the last investor call in October, the CEO told analysts that “there was not a database or an IT deployment model out there to which [they] did not provide some level of monitoring or management.” While there is competition in this market, SolarWinds does have market power. IT systems are hard to migrate from, and this lock-in effect means that customers will tolerate price hikes or quality degradation rather than change providers. And it does have a large market share; as the CEO put it, “We manage everyone’s network gear.”

SolarWinds sells a network management package called Orion, and it was through Orion that the Russians invaded these systems, putting malware into updates that the company sent to clients. Now, Russian hackers are extremely sophisticated sleuths, but it didn’t take a genius to hack this company. It’s not just that criminals traded information about how to hack SolarWinds systems; one security researcher alerted the company last year that “anyone could access SolarWinds’ update server by using the password “solarwinds123.’”

Using passwords ripped form the movie Spaceballs is one thing, but it appears that lax security practice at the company was common, systemic, and longstanding. The company puts its engineering in the hands of cheaper Eastern Europe coders, where it’s easier for Russian engineers to penetrate their product development. SolarWinds didn’t bother to hire a senior official to focus on security until 2017, and then only after it was forced to do so by European regulations. Even then, SolarWinds CEO, Kevin Thompson, ignored the risk. As the New York Times noted, one security “adviser at SolarWinds, said he warned management that year that unless it took a more proactive approach to its internal security, a cybersecurity episode would be “catastrophic.” The executive in charge of security quit in frustration. Even after the hack, the company continued screwing up; SolarWinds didn’t even stop offering compromised software for several days after it was discovered.

………

And yet, not every software firm operates like SolarWinds. Most seek to make money, but few do so with such a combination of malevolence, greed, and idiocy. What makes SolarWinds different? The answer is the specific financial model that has invaded the software industry over the last fifteen years, a particularly virulent strain of recklessness typically called private equity.

………

In October, the Wall Street Journal profiled the man who owns SolarWinds, a Puerto Rican-born billionaire named Orlando Bravo of Thoma Bravo partners. Bravo’s PR game is solid; he was photographed beautifully, a slightly greying fit man with a blue shirt and off-white rugged pants in front of modern art, a giant vase and fireplace in the background of what is obviously a fantastically expensive apartment. Though it was mostly a puff piece of a silver fox billionaire, the article did describe Bravo’s business model.

………

As I put it at the time, Bravo’s business model is to buy niche software companies, combine them with competitors, offshore work, cut any cost he can, and raise prices. The investment thesis is clear: power. Software companies have immense pricing power over their customers, which means they can raise prices to locked-in customers, or degrade quality (which is the same thing in terms of the economics of the firm). As Robert Smith, one of his competitors in the software PE game, put it, “Software contracts are better than first-lien debt. You realize a company will not pay the interest payment on their first lien until after they pay their software maintenance or subscription fee. We get paid our money first. Who has the better credit? He can’t run his business without our software.”

………

Did this acquisition spree and corporate strategy work? Well that depends on your point of view; it certainly increased accounting profits. From a different perspective, however, the answer is no. Accounting profits masked that the corporate strategy was shifting risk such that the firm enabled a hack of the FBI and U.S. nuclear facilities. And from the user and employee perspective, the strategy was also problematic. It’s a little hard to tell, but if you look at software feedback comment forums, you’ll find a good number of IT pros dislike SolarWinds, seeing the firm as a financial project based on cobbling together random products from an endless set of acquisitions. (If you are at SolarWinds or another Thoma Bravo company, or use their products, send me a note on your experiences.)

………

It’s not clear to me that Bravo is liable for any of the damage that he caused, but he did make one mistake. Bravo got caught engaging in what very much looks like insider trading surrounding the hack. Here’s the Financial Times on what happened:

Private equity investors sold a $315m stake in SolarWinds to one of their own longstanding financial backers shortly before the US issued an emergency warning over a “nation-state” hack of one of the software company’s products.

The transaction reduced the exposure of Silver Lake and Thoma Bravo to the stricken software company days before its share price fell as vulnerabilities were discovered in a product that is used by multiple federal agencies and almost all Fortune 500 companies.

But the trade could prove embarrassing for Menlo Park-based Silver Lake and its rival Thoma Bravo, which rank among the biggest technology-focused private equity firms in the world.

………

In this case, however, possible insider trading really isn’t the problem. Though I hate the phrase, the real scandal isn’t what’s illegal, it’s what is legal. Bravo degraded the quality of software, which usually just means that people have to deal with stuff that doesn’t work very well, but in this case enabled a weird increase in geopolitical tensions and an espionage victory for a foreign adversary. It’s yet another example of what national security specialist Lucas Kunce notes is the mass transformation of other people’s risk into profit, all to the detriment of American society.

………

There are many ways to see this massive hack. It’s a geopolitical problem, a question of cybersecurity policy, and a legally ambiguous aggressive act by a foreign power. But in some ways it’s not that complex; the problem isn’t that Russians are good at hacking and U.S. defenses are weak, it’s that financiers in America make more money by sabotaging key infrastructure than by building it.

And they are celebrated for it. If Western nations had coherent political systems, the men responsible for this mess would be dragged in front of legislative committees and grilled over the business practices putting all of us at risk. Instead, five days ago, Pitchbook just gave out their Private Equity Awards, and named their “dealmaker of the year.”

Yes, it was Orlando Bravo.

We need to change the laws to hold these guys accountable.

As it currently stands, they borrow money, and then loot the companies, and then retreat behind the bulwark of the bankruptcy courts to avoid any responsibility for what they have done.

*According to “Knowledgeable Sources”, Russia, but no one is willing to go on the record, so YMMV.
Again, no one is willing to go on the record as to whether this was the FSB, or the GRU, or maybe it was the fault of those damn Eskimos.
The line is from Judgement at Nuremberg. It’s a great movie. Spencer Tracy, Marlene Dietrich, Burt Lancaster, Richard Widmark, Maximilian Schell, Judy Garland, Montgomery Clift, and a very young William Shatner. (Widmark says the line about the Eskimos.)

This is Worrying

The Secret Service is shuffling the staff for the Presidential detail, and it is strongly implied that this is because some members of Trumps detail are seen as unreliable.

This is what happens when you take a wrecking ball to the civil service, as Trump has:

The Secret Service is making some staff changes in the presidential detail that will guard President-elect Joe Biden, amid concerns from Biden allies that some current members were politically aligned with President Trump, according to two people familiar with the changes.

As Biden readies his new administration, the Secret Service plans to bring back to the White House detail a handful of senior agents whom Biden knows well from their work more than four years ago guarding him and his family when he was vice president.

Staff changes are typical with the arrival of a new president and are designed to increase the trust and comfort the incoming president feels with his protective agents, who often stand by the president’s side during sensitive discussions and private moments.

But the shifts underway occur at a particularly contentious time, as Trump has blamed his reelection loss on unfounded allegations of voter fraud and has sought to block his administration from treating Biden as the president-elect. Some in the Secret Service also came under criticism during Trump’s tenure for appearing to embrace his political agenda.

For instance, some presidential detail members urged other agents and Secret Service officers not to wear masks on presidential trips this year — against the administration’s own public health guidance — as the president felt wearing masks projected weakness, The Washington Post has reported.

This will not end well.

This Is Why So Many People Think That Accusations of Bigotry Are Bogus

Political, aka Tiger Beat on the Potomac, published an article about the fairly substantial payouts recieved by Biden cabinet nominees Janet Yellen (Treasury) and Antony Blinken (State) titled, “Janet Yellen made millions in Wall Street, corporate speeches.”

First, let’s state the obvious: If Yellen, or Blinken (or Nod) were joining a Republican administration, there would be no story, but because it’s a Democratic administration that is coming in, TBOTP finds this to be essential and important news.

Second, the hed, which mentions only Yellen, is complete pants.

However, as Glenn Greenwald notes, against the thunderous roar of the usual suspects, this is not sexism, this is corruption.

For the people asserting claims of sexism, it may be a useful line of attack, but it makes future accusations of sexism less credible.

Even if Yellen and Blinken (and Nod) subscribe to the aphorism of first put forward by Jesse Unruh, “If you can’t take their money, drink their booze, eat their food, screw their women and vote against them, you don’t belong here,” this is corrupt on a societal level, because it sends a corrupt message to other people,”Play along, play the game, and this could be yours.”

People don’t get 6 figure honoraria talking to Wall Streeters because they are fascinating speakers.

People get 6 figure honoraria talking to Wall Streeters either as a down-payment for future actions, or as a final payment on past actions.

Muck Fitch

In responce to increasing calls from both sides of the aisle to hold a vote on the House’s clean $2000.00 stimulus check bill, Mitch McConnell has introduced a dirty bill, including a provision for a complete repeal of Section 230 of the CDA, not because he gives a crap about Section 230, and also a bit about setting up a commission to study election fraud, but because he is trying to kill the movement toward making a larger payment.

This will give Democrats an excuse to cave, and I think that they will try to do so.

Hopefully, Sanders will stick to his guns, and keep the Senate in Session for the mandatory debate the Senate rules require without unanimous consent.

In the mean time, if you see McConnell, throw your shoe at him, and if you see Amy McGrath, thank her for 6 more years of Moscow Mitch:

Senate Majority Leader Mitch McConnell (R-KY) has thrown a wrench into Congressional approval of an increase in government stimulus relief checks from $600 to $2,000. The House voted overwhelmingly on Monday to increase the payments, as President Trump had advocated for. Instead of voting on the House bill, however, McConnell blocked it and instead introduced a new bill tying higher stimulus payments to Section 230’s full repeal, according to Verge, which obtained a copy of the bill’s text.

It’s a tangled web, but the move is tied to Trump’s veto of the National Defense Authorization Act, which authorizes $740 billion in defense spending for the upcoming government fiscal year. “No one has worked harder, or approved more money for the military, than I have,” Trump said in a statement about the veto, claiming falsely that the military “was totally depleted” when he took office in 2017. “Your failure to terminate the very dangerous national security risk of Section 230 will make our intelligence virtually impossible to conduct without everyone knowing what we are doing at every step.”

………

So what does this have to do with McConnell’s latest political maneuvering? Think of it as a move to appease Trump with regard to Section 230, while also effectively ensuring that the $2,000 increase in stimulus checks will never pass in the Senate. “During this process, the president highlighted three additional issues of national significance he would like to see Congress tackle together,” McConnell said in a floor statement Tuesday afternoon. “This week, the Senate will begin a process to bring these three priorities into focus.”

McConnell is a cancer on the American body politic, but the last election cycle, the Democratic Party establishment (There is no Democratic Party establishment) decided that it was more important to have an expensive candidate, who would generate lots of consultant commissions, than it would to have a good candidate.

The Lincoln Project in One Tweet

The Lincoln Project raised $4.8 million between November 24th and December 16th hyping the Georgia Senate runoff elections.

Since then, it has spent $1.1 million on independent expenditures in those races and paid Steve Schmidt $1.5 million. https://t.co/BT5roJBmCt pic.twitter.com/mCS1B7wsxF

— Rob Pyers (@rpyers) December 30, 2020

The Lincoln Project was always a scam. 

It’s purpose is to extract money from gullible liberals by showing them sparkly things on MSNBC, not to fix the Republican Party or our politics.

Mr. Pyers is calling them out after they called out Ted Cruz for taking donations for SC Republican Senate candidates, and keeping most of the money.

Step 1, Buy an Anti Labor Plebescite, Step 2, F%$# Your Workers Like a Drunk Sorority Girl

Fresh on the heels of Proposition 22 passing in California, Grubhub sets it sights on f%$#ing its employees out of tips, because it will reduce their potential responsibilities to those employees:

California-based workers for food delivery app Grubhub have reacted angrily to changes to the platform which they say discourage tipping, saying they would wipe out the supposed benefits of new gig worker rules in the state.

Last month, California passed Proposition 22, which though falling far short of the benefits received by full-time employees, gave gig workers a limited number.

Weeks after the ruling, Grubhub reduced its default tip amount from about 20 percent to zero, adding a suggestion to “leave an optional tip on top of driver benefits.”

Like other apps, Grubhub added an additional “benefit” fee, in its case $1.50, to each order in California—though that money is put into a centralized pot for which only a limited number of drivers are expected to fully qualify.

………

Under Proposition 22, workers receive a healthcare stipend, provided they clock at least an average of 15 hours per week on one of the gig apps. However, in order to qualify, workers must already be the primary policyholder on an existing healthcare plan.

To get the full stipend, workers must put in at least 25 hours per week. The companies only count “engaged” time, not including periods spent driving without an assigned job — estimated to be about a third of all time spent on the road, according to a University of California, Berkeley, study. No allowances are made for time off or sickness. Data shared by Uber suggested that about three-quarters of its own drivers would not meet this threshold.

………

But a study by University of California, Santa Cruz, in May determined that “delivery workers are particularly dependent on tips, which account for 30 percent of their estimated earnings.”

“I keep records,” said Jeanine, a Grubhub worker in the San Francisco Bay Area. “And there’s been a complete flip. It’s stunning.”

She shared with the Financial Times a breakdown of her tips on the platform both before and after the change. On two consecutive Saturdays she completed the same number of orders—eight—but on the first Saturday, before the change, 100 percent of her customers left at least a small tip—totalling $61.03.

On the second Saturday, five of her eight customers left no tip, with the rest totalling $24.71.

………

Uber and DoorDash last week said they would raise prices in order to fund Proposition 22 benefits, though as yet only Grubhub has made changes to its tipping system.

Yes, vote for the bullsh%$ initiative pursued by the gig economy companies, because they have the workers’ interests at heart.

If you believe that, then I have some swamp land in Florida for you.

Ethics, Schmethics, Amazon Edition

Amason’s charity program supports hate groups.

Not a surprise.  It doesn’t matter if it’s the American Civil Liberties Union, or the America Nazi Party, Amazon gets its vig from purchases in either case:

AmazonSmile, which launched in 2013, would seem to be one of the mega-corporation’s less overtly awful functions: it’s a simple service that adds a surcharge to Amazon purchases and donates it to a participating charity of a shopper’s choice. However, UK-based media organization openDemocracy has found among those eligible charities were over 40 anti-LGBTQ+ and anti-choice groups.

I’ll put a bow on it, I’ll scream it, I’ll whisper it, but I am here to tell you that Amazon is a terrible company.

openDemocracy identified powerful anti-LGBTQ+ groups that are, at the time of this writing, live on AmazonSmile’s search portal. They list the Indiana chapter of the Southern Poverty Law Center-designated hate group the American Family Association, whose radio host and figurehead Bryan Fischer has said that the “Nazi party…was rooted in the homosexual movement.” There’s also Focus on the Family, which spawned the SPLC-designated hate group the Family Research Council. Of founder James Dobson, the SPLC writes that “no one has spread the anti-gay gospel as widely, or with as much political impact.”

We don’t know how much money these hate-mongering groups have raised directly via AmazonSmile, but this disturbing news has come to light at a time when Amazon’s revenue has gone through the roof thanks to a captive customer base stuck at home during a pandemic.

Indeed.

My old axiom, “If they treat their employees like sh%$, how do you think that they will treat you as a customer,” should be expanded from, “You as a customer,” to, “All of us as a society.” 

Again, a Good Start

It appears that some philanthropists have come to realize that the structures of philanthropies in the United States don’t generate much in the way of charity for the level of tax deductions provided.

Given my background, I founded a small charity in the early 1990s,* this remains an area of interest for me.

There has been a massive growth in various charitable organizations, and a commensurate growth in the taxes not paid,  but not a growth of the actual charity provided:

A group of high-profile philanthropists and foundations, along with estate and gift tax experts, have come together to push for reforms to charitable giving laws that would increase the amount of money available for nonprofits.

Their goal is to unlock some of the US$1 trillion sitting in private foundations and donor-advised funds (DAFs) that is not obligated to be distributed to nonprofits under current law. The group, known as the Initiative to Accelerate Charitable Giving, also aims to make it easier for the 90% of taxpayers who don’t itemize to gain a tax benefit for giving to charity.

“The purpose is to get money to working charities so they can put money to work,” says Ray Madoff, a professor of estate and gift tax estate planning, at Boston College, and the main force behind the U.S. initiative along with Houston philanthropist John Arnold.

……… 

Under current regulations—established in 1969, according to Madoff—private foundations are obligated only to pay out 5% of their assets to public charities annually. The rest can be invested as the foundation chooses, and can be passed down through generations. 

DAFs, which have been an increasingly popular way to set aside money for charity, allow individuals to make donations into an investment fund managed by a public nonprofit, and get an immediate tax deduction. There is no requirement for funds to be distributed to a qualified public charity, since the DAF itself is managed by one.

The existence of these tax-advantaged vehicles, which today hold US$1 trillion in assets, raises a question that Madoff has studied for years. That is: What is society getting in return for not receiving those tax dollars? The answer, she realized, was “a lot less than we think.” 

………

And while individuals do actually make grants to charities from their DAFs, they aren’t required to do so. “It’s not that everybody is not spending anything, it’s that the vehicle facilitates large contributions of money—and there are definitely US$1 billion DAF accounts that are subject to no payout requirements,” Madoff says. 

Another problem is that private foundations can meet their annual 5% payout requirement by distributing funds to a DAF instead of directly to an operating charity. 

The U.S. provides “significant tax benefits,” Madoff says, “but we only get them halfway there, and the [law isn’t] doing much to get the money all the way to charities.”

………

This coalition is asking Congress and the incoming presidential administration of Joseph Biden, for “emergency charitable stimulus” legislation to require private foundations to boost their annual payout rate to 10%, and to require a mandatory payout rate of 10% for DAFs, for three years, specifically to facilitate more dollars reaching charities hit by the Covid-19 crisis. According to the Independent Sector, an organization that supports the nonprofit sector, 7% of nonprofits in the U.S. are expected to close because of the pandemic.

………

“When tax benefits only apply to 10% of the population, then we are amplifying the voices of the wealthiest,” Madoff says. “It’s really important that tax benefits be available for all taxpayers.” 

……… 

The group also believes Congress should ensure that private foundations can’t meet their payout obligations by transferring funds to a DAF, or by paying family member salaries (which is currently allowed by law).

For DAFs, the group is recommending that all funds in these vehicles are distributed within 15 years. They are also recommending an “aligned benefit rule,” that would allow a donor to get a break on capital gains taxes and estate and gift taxes upon funding their DAF, but would withhold the income-tax deduction until distributions are made to a public charity.

Modern charity increasingly serves as an employment guarantee to the Professional Managerial Class (PMC), which explains, for example, why college has become so expensive.

It all goes to special assistants to the senior VP in charge of filling out useless paperwork.

Endless number of people sending reports and creating data that never gets used for anything useful.

It’s all Dave Graeber’s Bullsh%$ Jobs.

*Even today, total turnover is probably less than $½ million a year, and it has no employees.
Or, as I call them, the Democratic Party establishment’s (There is no Democratic Party establishment) base.

Audit the Whole Industry

Once again, it appears that charter schools are once again misusing public funds:

Primavera online charter school, like many businesses this spring, sought help from the federal Paycheck Protection Program to weather the economic disruption of the COVID-19 pandemic.

The Chandler, Arizona, school received a PPP loan of nearly $2.2 million, the largest forgivable loan among the 132 Arizona charter schools that obtained them.

But Primavera’s loan appears to have been more of a bonus than a lifeline.

The school, which like all Arizona public schools didn’t lose state funding because of the pandemic, ended its fiscal year on June 30 with $8.8 million in the bank – almost double the annual payroll costs for its 85 teachers, records show.

The school also shipped $10 million to its lone shareholder: StrongMind, an affiliated company owned by Primavera’s founder and former CEO Damian Creamer.

………

An Arizona Republic review of more than 100 charter school financial records, audits and federal Small Business Administration documents found the overwhelming majority of the Arizona charter schools that obtained PPP loans didn’t need the money.

………

“The PPP loans are taxpayer dollars intended to help the needy, not the greedy,” [charter school auditor Jason] Todd said.

………

The Republic found that most of the charter schools getting PPP funds padded their cash balances (savings accounts), and a few for-profit charter operations, like Primavera, gave money away to shareholders that matched or exceeded their PPP loan amounts.

………

A 2018 Republic investigation found the state’s charter school industry, which gets more than $1 billion annually from the state general fund, has produced several multi-millionaires through self-dealing and lax oversight.

Creamer is among the prominent figures who’ve made millions of dollars operating Arizona charter schools. His online alternative school boasts more than 20,000 full- and part-time students. Primavera paid Creamer $10.1 million in 2017 and 2018.

………

“The Trump administration’s faulty design and mismanagement of the Paycheck Protection Program let thousands of mom-and-pop businesses slip through the cracks without adequate aid while charter schools cashed in,” [president of Accountable Us, Kyle] Herrig said.

Herrig’s organization said that the PPP loans given to Creamer’s interests “merit further investigation” because his “businesses seem to have fared well throughout the pandemic.”

………

Arizona Schools Superintendent Kathy Hoffman, who also is a member of the Charter Board, said she was astonished by The Republic’s findings.

“It saddens me those dollars are not going to students,” she said. “It’s very excessive. These dollars should be going where they are needed most, and that’s the students and instructional needs.”

Corruption is a feature and not a bug for charter schools. 

Destroying the teachers’ unions, and stealing public money for private profiteers are the raison d’être of the charter school movement.

That is why the audits.   If fraud can happen, it is happening.

Yeah, Right

The American Hospital Association wants the Centers for Medicare & Medicaid Services (CMS) to suspend its price transparency regulations,  because it’s too burdensome.

Bullsh%$.

They just don’t want to be held to account for their deliberately opaque pricing structures and policies.

If there is one thing that hospitals get right, it’s how to charge people as much as is humanly possible:

Dive Brief:

  • The American Hospital Association filed an emergency motion for a stay, which means it’s seeking to stop the government from enforcing its price transparency rule, set to go into effect Jan. 1 if the law is not struck down in federal appeals court.
  • The AHA is still awaiting a final verdict from the court after the three-judge panel heard oral arguments in October. In the meantime, the group is hoping to bar the law from going into effect as hospitals are overwhelmed by the rollout of the coronavirus vaccines and record-high COVID-19 caseloads.
  • Emergency relief is warranted, AHA said, because CMS will start conducting audits of price transparency compliance and those not following the regulations face financial penalties, the parties said in a Monday filing.

Dive Insight:

A CMS bulletin from last Friday led AHA to file the emergency request with the federal appeals court. The notice informed providers that CMS is prepared to “audit a sample of hospitals for compliance starting in January” and those providers found in violation will face civil monetary penalties.

AHA argues that halting the policy is necessary given the “exceptional circumstances” the industry faces.

………

Meanwhile, the hospital lobby is still waiting on the ruling from federal appeals court. But after listening to oral arguments back in October, industry experts don’t feel AHA will prevail in the case, which is seeking to knock down the law.

The three-judge panel seemed highly skeptical that it is unlawful for the government to compel providers to publish the negotiated rates they reach with insurers for services provided to patients.

The hospitals can literally turn over pricing data at the press of a button, but the hospitals want to continue to profit over secrecy, and they are hoping to put one over on the incoming administration.