Tag: Corruption

Dope Dealing Through Negligence

That is why Department of Justice is suing Walmart over handing out opioids like Tic-Tacs.

Basically, the government is alleging that the pharmacists at the retail giant were so overworked that they were unable to perform due diligence of dodgy prescriptions.

I would love to see this level of scrutiny applied to Amazon:  

The Trump administration sued Walmart Inc. Tuesday, accusing the retail giant of helping to fuel the nation’s opioid crisis by inadequately screening for questionable prescriptions despite repeated warnings from its own pharmacists.

The Justice Department’s lawsuit claims Walmart sought to boost profits by understaffing its pharmacies and pressuring employees to fill prescriptions quickly. That made it difficult for pharmacists to reject invalid prescriptions, enabling widespread drug abuse nationwide, the suit alleges.

………

The country’s largest retailer by revenue, Walmart has been expecting this complaint and sued the federal government in October to fight the allegations pre-emptively. That suit accuses the Justice Department and DEA of attempting to scapegoat the company for what it says are the federal government’s own regulatory and enforcement shortcomings.

The Justice Department’s lawsuit alleges Walmart created a system that turned its network of 5,000 in-store U.S. pharmacies into a leading supplier of highly addictive painkillers. The allegations date to June 2013, according to the suit.

“Many of these prescription drugs would never have hit the streets if Walmart pharmacies had complied with their obligations,” said Maria Chapa Lopez, a U.S. attorney in Tampa, Fla., who is one of several prosecutors involved in the suit.

Walmart started with cut-rate prices on opioids that initially drove shoppers to its stores, the government alleges. Middle managers—under direction from executives at company headquarters—pressured pharmacists to work faster, the suit says, believing quick-fill prescriptions drew customers to stay and keep shopping.

Many of the alleged problems centered in Walmart’s compliance unit, which oversaw dispensing nationwide from the company’s main office in Bentonville, Ark., the suit says. Walmart allegedly ignored repeated warnings that the company had understaffed its pharmacies as pressure to sell quickly caused mistakes and put patients’ health at risk, according to the complaint.

Pharmacists allegedly got little help from compliance managers who for years didn’t share information between stores, and in many cases refused requests to give blanket rejections to suspect prescribers even after rival retailers had done so, the suit says.

“Rather than analyzing the refusal-to-fill reports, the compliance unit viewed ‘[d]riving sales and patient awareness’ as ‘a far better use of our Market Directors and Market Manager’s time,’” the Justice Department said, quoting a company compliance director. “Given the nationwide scale of those violations, Walmart’s failures to follow basic legal rules helped fuel a national crisis.”

Walmart’s defense appears to be, “I don’t want to deal drugs, but it would cost too much money to do the job right.”

My old axiom applies, “If they treat their employees like sh%$, how do you think that they will treat you as a customer?”

4 Blackwater Mercenaries, 3 Corrupt Congressmen, 2 Mueller Felons

And a partridge in a pear tree.

Donald Trump just issued a slew of Christmas pardons, and while I am not surprised at his pardoning potential witnesses agaisnt him, I am a bit disappointed that he also found time to pardon Blackwater’s war criminal mercenaries and the corrupt former Congressmen:

In an audacious pre-Christmas round of pardons, President Trump granted clemency on Tuesday to two people convicted in the special counsel’s Russia inquiry, four Blackwater guards convicted in connection with the killing of Iraqi civilians and three corrupt former Republican members of Congress.

It was a remarkable assertion of pardon power by a president who has disputed his loss in the election and might be only the start of more to come in the final weeks before he leaves office on Jan. 20.

………

Among those pardoned was George Papadopoulos, who was a foreign policy adviser to Mr. Trump’s 2016 campaign and who pleaded guilty in 2017 to making false statements to federal officials as part of the investigation by the special counsel, Robert S. Mueller III.

Also pardoned was Alex van der Zwaan, a lawyer who pleaded guilty to the same charge in 2018 in connection to the special counsel’s inquiry. Both men served short prison sentences.

………

Mr. Trump recently pardoned his former national security adviser, Lt. Gen. Michael T. Flynn, who pleaded guilty twice to charges including lying to the F.B.I. in connection with the inquiry into Russian involvement in the election. The president in July commuted the sentence of Roger J. Stone Jr., his longtime adviser who was convicted on a series of charges related to the investigation. Both men have maintained their innocence.

Mr. Trump’s pardon list also included four former U.S. service members who were convicted on charges related to the killing of Iraqi civilians while working as contractors in 2007.

One of them, Nicholas Slatten, had been sentenced to life in prison after the Justice Department had gone to great lengths to prosecute him. Mr. Slatten had been a contractor for the private company Blackwater and was sentenced for his role in the killing of 17 Iraqi civilians in Nisour Square in Baghdad — a massacre that left one of the most lasting stains of the war on the United States. Among those dead were 10 men, two women and two boys, who were 8 and 11.

The three former members of Congress pardoned by Mr. Trump were Duncan D. Hunter of California, Chris Collins of New York and Steve Stockman of Texas.

………

A tabulation by the Harvard Law School professor Jack Goldsmith found that of the 45 pardons or commutations that Mr. Trump had granted up until Tuesday, 88 percent aided someone with a personal tie to the president or furthered his political aims.

And by nullifying the legal consequences of convictions in the Russia inquiry, Mr. Trump escalated a long campaign, aided by his departing attorney general, William P. Barr, to effectively undo the investigation by Mr. Mueller, discredit the resulting prosecutions and punish those who instigated it in the first place.

I expect to see double digit numbers of pardons on a weekly pardons moving forward.

Today in Dysfunctional Ecological Policies

We have The Nature Conservancy selling carbon offsets.

This is why cap and trade and carbon offsets are a bad idea.

Our society is simply too corrupt for this.

We need the heavy hand of taxes, and the blunt force of the state without ANY opportunity for profit:

At first glance, big corporations appear to be protecting great swaths of U.S. forests in the fight against climate change.

JPMorgan Chase & Co. has paid almost $1 million to preserve forestland in eastern Pennsylvania.

Forty miles away, Walt Disney Co. has spent hundreds of thousands to keep the city of Bethlehem, Pa., from aggressively harvesting a forest that surrounds its reservoirs.

Across the state line in New York, investment giant BlackRock Inc. has paid thousands to the city of Albany to refrain from cutting trees around its reservoirs.

JPMorgan, Disney, and BlackRock tout these projects as an important mechanism for slashing their own large carbon footprints. By funding the preservation of carbon-absorbing forests, the companies say, they’re offsetting the carbon-producing impact of their global operations. But in all of those cases, the land was never threatened; the trees were already part of well-preserved forests.

………

The Nature Conservancy recruits landowners and enrolls its own well-protected properties in carbon-offset projects, which generate credits that give big companies an inexpensive way to claim large emissions reductions. In these transactions, each metric ton of reduced emissions is represented by a financial instrument known as a carbon offset. The corporations buy the offsets, with the money flowing to the landowners and the Conservancy. The corporate buyers then use those credits to subtract an equivalent amount of emissions from their own ledgers.

………

Few have jumped into this growing market with as much zeal as the Nature Conservancy, which was founded 69 years ago by a small group of ecologists seeking to preserve the last unspoiled lands in the U.S. In the seven decades since, the nonprofit in Arlington, Va., has grown into an environmental juggernaut, protecting more than 125 million acres. Last year its revenue was $932 million, which eclipsed the combined budgets of the country’s next three largest environmental nonprofits.

Now, with an increasing number of companies looking for creative ways to cut emissions, the nonprofit has accelerated its work on carbon projects. But a review of hundreds of pages of documents underpinning those projects and interviews with a half-dozen participating landowners indicate that the Conservancy is often preserving forested lands that don’t need defending.

You see something similar in China, where they have built hydroelectric dams in remote regions, where they will never deliver power, so that offsets could be purchased by European companies for cap and trade.

We need real change, and financializing strategies for anthropogenic climate change is criminogenic.

We will not survive the fraud.

Boeing, AGAIN

Now it appears that Boeing pressured FAA test pilots during the review of the 737 MAX fixes.

Now is not the time for more rigorous regulatory action.

Now is the time for criminal prosecutions, and perp walks for senior Boeing executives:

Senate investigators concluded that Boeing “inappropriately coached” Federal Aviation Administration’s (FAA) pilots for a simulator test last year conducted during the effort to test and recertify the company’s 737 MAX as safe to fly again after two deadly crashes.

The conclusion is contained in a report issued Friday by the Republican majority in the Senate Commerce Committee on an investigation that was launched after the two MAX crashes but that ultimately broadened to unearth numerous safety problems across the FAA.

A whistleblower who served as an FAA aviation safety inspector told Senate investigators that Boeing officials prompted the FAA test pilots before the test, which was designed to test pilot reactions to an emergency, to be ready to respond.

The FAA inspector alleged the Boeing official told the pilots, “Remember, get right on that pickle switch” — meaning an electrical thumb switch on the control column used to pitch up the jet’s nose.

Even with that prompt, one of the pilots took 16 seconds to respond, four times longer than Boeing and the FAA had assumed.

According to the report, the investigators asked to interview that pilot, but a Transportation department lawyer prohibited the pilot from answering questions about the incident.

Senior members of the FAA need to be brought into court in handcuffs as well.

Of Course They Did

The Federal Reserve has allowed banks to start issuing dividends and make stock buybacks again, because, after all, how can our financial system work without the masters of capitalism that we just bailed out (AGAIN!) having their damn stock options vest.

Financial stability is secondary to making sure that Wall Street CEOs get the obscene bonuses:

The Federal Reserve has given America’s most profitable banks the green light to resume share buybacks for the first quarter of next year, even though it found that the country’s biggest lenders could face pandemic-related loan losses of more than $600bn.

The US central bank’s decision to lift a six-month ban on buybacks followed months of public protests by profitable lenders, including Morgan Stanley and JPMorgan Chase, several of whom immediately signalled their intention to restart purchases.

Many analysts and investors expected the Fed to hold firm to its restrictions, as the US continues to suffer record coronavirus cases and deaths and lawmakers struggle to agree stimulus measures to boost the economy through another round of shutdowns.

………

Lael Brainard was the only one of the Fed’s five-person board of governors to vote against freeing banks up to return more to shareholders.

“Today’s action nearly doubles the amount of capital permitted to be paid out relative to last quarter,” she said in a statement. “Prudence would call for more modest payouts to preserve lending to households and borrowers during an exceptionally challenging winter.”

Just a small reminder:  The Federal Reserve does not work for the American people, or even for the benefit of the financial system.  It works for the bankers.

We are going to buy out these rat-f%$#s again sooner rather than later.

Hunter Sentenced to Jail

That is Former US Representative Duncan Hunter, who now faces almost a year in jail. Not that other Hunter.

Former Rep. Duncan Hunter, R-Calif., was sentenced to 11 months in prison Tuesday for misusing campaign funds.

Hunter pleaded guilty in December to a corruption charge after prosecutors said he and his wife “converted and stole” more than a quarter million dollars in campaign funds for their own use over a period of several years.

When initially charged, Hunter tried to throw his wife under the bus

Republican family values.

Definitely Getting a Pardon

It turns out that Jared Kushner skimmed campaign funds which went to insiders.

I rather expect to see Trump pardon him, and Ivanka, and Don, Jr., and Eric, on his way out of the door.

In fact, my guess is that Melania and Baron will be the only ones not getting pardons:

President Donald Trump’s most powerful advisor, Jared Kushner, approved the creation of a campaign shell company that secretly paid the president’s family members and spent almost half of the campaign’s $1.26 billion war chest, a person familiar with the operation told Insider.

The operation acted almost like a campaign within a campaign. It paid some of Trump’s top advisors and family members, while shielding financial and operational details from public scrutiny.

When Kushner and others created the company in April 2018, they picked Trump’s daughter-in-law Lara Trump to become its president, Vice President Mike Pence’s nephew John Pence as its vice president, and Trump campaign Chief Financial Officer Sean Dollman as its treasurer and secretary, said the person, who spoke on the condition of anonymity to discuss private conversations about the shell company.

………

The shell company — incorporated as American Made Media Consultants Corp. and American Made Media Consultants LLC — allowed Trump’s campaign to skirt federally mandated disclosures. The tactic could attract scrutiny from federal election regulators.

Campaign-finance records showed Trump’s reelection effort and its affiliated committee with the Republican National Committee spent more than $600 million through American Made Consultants since its formation.

………

From January 2019 through the middle of November, the Trump campaign and an affiliated political committee together spent $617 million through American Made Media Consultants.

It was almost half of everything they spent in the failed effort to reelect Trump, according to an Insider review of Federal Election Commission records and analysis provided by the nonpartisan Center for Responsive Politics. 

………

Campaign-law experts have long accused the Trump team of using a corporate pass-through to hide payments.

………

If the federal government suspects a “knowing and willful” violation of election law has occurred, the Department of Justice has the power to open a criminal investigation into a political actor.

While such investigations are relatively uncommon, several former Justice Department and FEC officials previously told Insider that Justice Department officials may already be discreetly investigating Trump’s reelection activity.

Some of Trump’s campaign leaders even seemed stumped by the AMMC arrangement. Generally, they knew that AMMC was being used to buy pro-Trump TV, radio, and digital advertising and pay for other media.

But they couldn’t discern precisely how much each AMMC vendor was keeping for itself.

The person familiar with AMMC said the rates its vendors charged the Trump campaign were often cheaper than what an outside political firm would have demanded. Using the shell company also allowed Parscale to keep Lara Trump and Kimberly Guilfoyle [As an interesting aside, Guilfoyle is the ex-wife of California Governor Gavin Newsom, and got fired from Fox for sexual harassment] — the girlfriend of Donald Trump Jr. — on his payroll, the person familiar said.

………

Nothing was done without Jared’s approval,” the former Trump campaign advisor said. “What [Trump campaign manager Stephen] Stepien doesn’t know is because Jared doesn’t want him to know.”

Something clearly corrupt was going on here, but Trump cheating his investors/campaign/contractors/wives/etc is pretty much par for the course.

That being said, I would expect an investigation, which is why I also expect a very broadly worded pardon before January 20.

It’s Always a Certain Kind of Democrat Who Does This

You know the type, plays at being progressive, but is a tool of the FIRE (Finance Insurance and Real Estate) sector.

They have been exhorting the citizens of their state/city/county to stay home, and not go out, and then they get caught unmasked on a night on the town.

You saw it with Cuomo, Newsome, Sisolak, and now the darling of the hedge funds, Gina Raimondo.

Honestly, I’m less concerned about her going to a wine bar than I am with her cutting (outrageously high fee) deals with private equity firms, including her own firm.

Have you noticed that this always happens to a certain type of Democrat? 

You know the type, the polite term for them is hypocritical corrupt mother-f%$#ers.  (The impolite term is, “Pig felchers.”*)

*If you don’t know what that means, for the love of God, DON’T GOOGLE IT.

What Happens When You Put a Fox in Charge of the Hen House

An investigation by Senator Elizabeth Warren (D-MA) that the certification of prisons in the United Sates by the American Correctional Association (ACA) is ineffective and corrupt.

This should surprise no one, the ACA is the primary lobbying organization for the prison industry.

Also, the entire fact that I am unironically using the term, “Prison Industry,” is an indication of just how morally bankrupt the current state of affairs is. 

Our carceral state needs to be reformed:

The organization responsible for accrediting US prisons, jails, and detention centers runs a “corrupt” process that puts a “rubber stamp” on dangerous facilities while taking in millions from the private prison industry, according to a scathing report from Sen. Elizabeth Warren (D-Mass.), shared exclusively with Mother Jones.

The report, the result of a nearly 19-month investigation by the senator’s office, examined the American Correctional Association (ACA), a nongovernmental organization that acts simultaneously as a professional association and an oversight body for prison and detention systems. Federal, state, and local governments pay the ACA to audit the facilities where they keep people incarcerated and issue its stamp of approval on their operations. Qualifying facilities must meet the standards ACA spells out in its published manuals, covering everything from fire code compliance to officer gun training. Private prisons and detention centers, meanwhile, are often required to get accredited by the ACA to access lucrative government contracts, according to Warren’s report—and when scrutinized, they point to their accreditation status as a defense. After all, the ACA’s website says, accreditation is awarded to the “best of the best.”

The problem, Warren’s report found, is that the “best of the best” includes virtually every facility that pays its accreditation fees. The ACA currently counts over 1,200 accredited facilities; since 2007, only four have been denied accreditation. The groups provides three months’ notice and preparation tools for audits, “essentially providing the answers to the test in advance,” as the report puts it. And the ACA’s seal of approval lasts three years, with facilities conducting “self-reporting” in the interim.

“A review of available evidence suggests that that accreditation has little to no correlation with detention facility conditions and practices, and therefore little to no value whatsoever,” the report states. “The result has been the rubber-stamping of dangerous facilities and the waste of millions of taxpayer dollars.” Warren recommends that the Department of Justice and Department of Homeland Security stop paying the ACA for accreditation and instead establish a “rigorous, independent, and transparent” oversight process.

………

“The ACA’s private prison accreditation system is riddled with conflicts of interest, lacks transparency, and is subject to zero accountability even though millions in taxpayer dollars…flow to the ACA and private prison companies,” Warren’s report states. “These problems put the health and wellbeing of incarcerated and detained individuals, the staff and employees who work in those facilities, and our communities at risk.” (In his letter, Gondles wrote that criticizing the ACA for problems at accredited facilities “misunderstands” the purpose of its accreditation program: “ACA accreditation does not mean that there will never be an incident of violence, or that there will never be noncompliance with a health-related, safety, or other ACA standard,” he said.)

The report’s description of a lax ACA auditing process lines up with what my colleague Shane Bauer observed in 2015 while working undercover as a guard in a prison run by CoreCivic, then known as the Corrections Corporation of America:

………
 
But why is the system so broken? Warren’s report suggests that it all comes down to money. In addition to being “the closest thing we have to a national regulatory body for prisons,” as Bauer put it, it’s also a professional association that lobbies Congress on criminal justice issues and serves as a “voice for corrections.” That dual role presents an “irreconcilable conflict of interest” when the time comes to evaluate conditions inside prisons and detention centers, Warren’s report argues.

For one thing, the ACA gets nearly half its revenue from accreditation fees paid by the very entities it audits, including top private prison companies, her investigation found. Over a five-year period from 2014 to 2018, the GEO Group spent $1,429,599 on ACA accreditations, while CoreCivic spent $867,580, according to the report. The Management and Training Corporation, a smaller competitor, paid $501,850. The companies pay the ACA tens of thousands more in conference costs, certification fees, training, and for other services. Meanwhile, current or former private prison employees sit on each of the ACA’s governing boards and committees. (“The fact that one representative of a private correctional company sits on ACA’s Executive committee and two such representatives sit on the ACA’s Board of Governors and Delegate Assembly could not even begin to suggest that ACA is somehow beholden to those private interests or that the decisions of ACA’s governing bodies are driven by persons with conflicts of interest,” Gondles wrote in his letter to Warren, adding that the organization was governed by volunteers.)

Self-regulation is to regulation as self-importance is to importance.

The Biggest Rat is Leaving the Sinking Ship

The most corrupt attorney general ever™ will be resigning before Christmas.

There are basically 3 possibilities:

  1. Trump fired him.
    (I don’t think so, at least not explicitly)
  2. He’s trying to grease his way back the corrupt and venal DC society, by pretending that he is a man of principle.
    (My money is on this one.  Barr has gotten what he wants out of the deal.)
  3. Trump is planning something so extreme and immoral that Barr felt that he had no choice but to resign.
    (The man is completely immoral.  I literally cannot imagine him finding an action to unethical for him to sanction.)

If there is any justice in this world, there will be a flood of complaints to the Maryland, Virginia, and DC Bar Associations against him. 

It would be an obscenity for him to keep his law license after this.

A Good Start

Congress just passed a bill requiring that shell companies detail who their beneficiaries are.

This means that the shenanigans like Wyoming corporations will hopefully be a thing of the past:

The U.S Senate on Friday passed a bill overhauling anti-money laundering rules and banning anonymous shell companies, a victory for law enforcement and rights groups which have long sought changes to make it easier to police illicit money flows.

The bill requires most companies to report their true beneficial owners to the government, allows greater information sharing between law enforcement and regulators, and authorizes the use of new suspicious activity monitoring tools.

Unfortunately, it does not make this information available to the general public, which it should, but it is a marked improvement on the status quo.

So Nice that Pelosi Supported the Homophobic Campaign of Richard Neal

Because after winning the primary, and the general, Ways and Means Chairman Neal is blocking surprise medical billing legislation, because he is owned by the hedge funds who have purchased medical practices, particularly emergency medicine practices, across the country to profit from massively overcharging people in emergency rooms:

A broad bipartisan effort to pass legislation protecting patients from massive “surprise” medical bills is now on life support as House Ways and Means Committee Chairman Richard Neal (D-Mass.) digs in on a separate proposal.

Democratic and Republican leaders of three committees in the House and Senate have been pushing for months to pass their measure, which would prevent Americans from unexpectedly getting hit with medical bills for thousands of dollars for common scenarios like treatment from a doctor outside their insurance network when they require emergency care.

Neal has been holding out for his own rival proposal and has not shown any willingness to budge despite concessions offered by top lawmakers on the three committees.

………

Supporters say they are extremely frustrated with Neal, given that lawmakers have been working on a bipartisan basis for two years to solve an issue many view as an especially egregious practice that should be low-hanging fruit for Congress. Lawmakers tried to pass the measure last December, but disagreements with Neal derailed the measure.

………

All sides agree that patients should be protected from getting massive medical bills through no fault of their own. But fierce divisions have emerged over how much the insurer would then pay the doctor or hospital once the patient is taken out of the middle.

The three committees — House Energy and Commerce, House Education and Labor and Senate Health, Education, Labor and Pensions — have in general favored an approach called benchmarking, which sets the payment rate based on the median amount that insurers in that area already pay in-network doctors. That approach is backed by insurers, unions and consumer groups who say it will save both consumers and the government more money than Neal’s proposal.

Hospitals and doctors, on the other hand, warn that would lead to damaging payment cuts. They favor an alternative process where an outside arbiter would decide the payment, through arbitration. That’s the approach proposed by Neal and Rep. Kevin Brady (Texas), the top Republican on the Ways and Means Committee, with Neal touting the support of hospital groups.

Backers of the three-committee approach say they offered a range of concessions to Neal, including one that only used Neal’s preferred method — arbitration — but he still did not agree.

………

The fierce lobbying from powerful doctor and hospital groups has caused further problems. Private equity firms that own doctor staffing companies previously funded millions of dollars in ads against the three-committee legislation.

Surprise billing became an issue in Neal’s primary race earlier this year; his progressive challenger, Alex Morse, [Against whom Neal and the Democratic Party establishment (There is no Democratic Party establishment) ran a viciously homophobic campaign] accused him of blocking surprise billing legislation because the private equity firm Blackstone is a major contributor to Neal. Neal ended up handily defeating Morse before going on to win reelection to Congress, where he has served since 1989.

Neal is now saying he wants to again delay the issue until next year, which backers of the three-committee approach take as a sign that he does not want to address the issue at all and is trying to delay it indefinitely.

Of course he is trying to delay it indefinitely.

He sees his job as to ensure that Blackstone and their Evil Minions™ get their vigorish so that he gets his campaign donations.

Biden’s Worst Cabinet Choice So Far

Biden has chosen Barack Obama’s Agriculture Secretary, Tom “Mr. Monsanto”* Vilsack (what a memable name) to reprise his role.

Given that his record as a lobbyist for big Ag, his steadfast refusal to address entrenched racism and sexual harassment in the Department of Agriculture in his last tenure, and his refusal to address anthropogenic climate change, there is a lot of outrage over this decision:

When President Barack Obama nominated Tom Vilsack, a two-term Iowa governor, to be secretary of agriculture in 2008, Vilsack was seen as a centrist who wouldn’t change much about how farming was done in America—for better or worse.

………

Fast forward to 2020, and Vilsack is poised to resume his role heading the U.S. Department of Agriculture (USDA) under President-elect Joe Biden, according to multiple outlets. This week, Vilsack emerged as a frontrunner ahead of two Democratic women: former North Dakota Sen. Heidi Heitkamp and Ohio Rep. Marcia Fudge, who would have been the first Black woman to lead the agency.

The prospect was greeted with tepid enthusiasm by some and outright ire among others. Many in the food world, possibly eager to find something to praise, pointed to his previous stint in the job as a net positive, and proof he could hit the job running. Yet for environmental advocates, Black farmers, food safety champions, and critics of corporate agribusiness, a return to the status quo feels inadequate.

………

For many advocates of racial justice in the food system, Vilsack’s nomination is an affront that suggests the Biden administration has little interest in making the ag sector more equitable and remedying USDA’s notorious history of racial discrimination against Black farmers.

Much of the disappointment stems from both the agency’s practices under Vilsack’s watch and his own reported reluctance to repair the damage of systemic racism. As The Counter reported in a 2019 investigation, employees alleged that Vilsack’s USDA repeatedly ran out the statute of limitations clock on discrimination complaints, while attempting to foreclose on farmers whose cases hadn’t yet been resolved. Employees also said that USDA manipulated Census data to obscure a decline in Black farming, which in turn allowed Vilsack to paint a rosy but inaccurate picture of his tenure.

………
 
One particular scandal during Vilsack’s tenure stands out right now: the controversial ouster of Shirley Sherrod, a Black USDA official. Vilsack forced Sherrod to resign after the far-right website Breitbart disseminated a selectively edited video to suggest that she had discriminated against a white farmer. (After the full video came to light, Vilsack apologized for his treatment of Sherrod and reportedly offered to resign over the incident.)

I don’t blame Vilsack over this incident.

It’s clear that the cowardice and hypocrisy driving this incident came from Barack Obama, or those closest to him in the White House.

………

For women who have experienced sexual abuse while working for USDA’s Forest Service—an agency that employees say fostered a decades-long culture of sexual harassment—Vilsack’s nomination is a punch to the gut, according to Lesa Donnelly, former employee and current vice president of the USDA Coalition of Minority Employees. Donnelly is a well-known advocate who has been calling on the agency to better protect employees from sexual abuse. According to her, Vilsack was part of the problem: He was “unwilling to investigate complaints properly and hold people accountable” during his tenure, Donnelly told news outlet Government Executive in 2016. The thought of his return to the agency is retraumatizing many of the women she advocates for, she told The Counter in an interview.

………

Numerous other organizations, including those representing Black farmers, have vocally opposed Vilsack’s nomination.

………

Indeed, rigorous environmental policies did not seem to be a priority for much of Vilsack’s term leading USDA. In one telling moment, then-Secretary Vilsack refused to take a stance on whether crop subsidies should be conditioned on farmers’ willingness to adopt basic conservation measures. “There were moments during his first tenure when Secretary Vilsack missed an opportunity to make the environment a priority,” said Scott Faber, vice president for governmental affairs at the Environmental Working Group, noting Vilsack’s unwillingness to challenge the status quo.

These aren’t the only Vilsack-supported policies that have raised eyebrows among environmentalists: He often boosted ethanol, a fuel additive that has long been unpopular with the green set because its production requires a lot of land and chemicals. He spent the past four years promoting dairy exports, indicating he’d be hesitant to back policies that curb production, such as limiting the construction of Concentrated Animal Feeding Operations (CAFOs). As recently as 2014, Vilsack appeared eager to shift the conversation about the climate crisis away from agriculture. At an event at Drake University, he said that “agriculture tends to take the brunt of criticism about climate change, but the industry contributes only 9 percent of the greenhouse gases blamed for a warming planet.”

………

“It’s very important—essential—that USDA be vigorous and engaged, and that this not become a private-sector exercise, where carbon markets take over the conversation,” Deeble said. “We’ve got good programs at USDA right now that an ambitious secretary would be able to repurpose or modify slightly to get focused on climate change.”
On food safety, Vilsack “defaults to what the big companies want”

The Department of Agriculture doesn’t just regulate farmers. It’s also responsible for the safety of the meat, poultry, and eggs on our plates—roughly 20 percent of the American food supply. Consumer advocates contacted by The Counter say they don’t expect a Secretary Vilsack to do much more to keep that food clean and disease-free.

In his first tenure, Vilsack backed a proposal that would have allowed some chicken plants to dramatically increase line processing speeds from 140 birds per minute to 175. He also supported drastically reducing the number of USDA inspectors in plants, instead asking the companies to essentially police themselves.

………

It’s not just line speeds. When Vilsack was the head of USDA, his department rejected a petition to recognize some strains of antibiotic-resistant salmonella as adulterants, and make it illegal to process and sell meat and poultry that could sicken the public. A similar petition was submitted earlier this year—and Corrigan expects Vilsack, once again, to reject it.

………

Farm groups responded to Vilsack’s likely nomination with cautious optimism, noting the former secretary’s experience as a boon. “It is hard to argue with the fact that the USDA has been significantly eroded over the last four years in terms of research capacity and administrative capacity—it’s dropped down the rankings,” said Deeble of the National Sustainable Agriculture Coalition. “Getting somebody who knows where all the switches and levers are is valuable if you want to fix that.”

Yet there’s reason for skepticism. At the beginning of President Obama’s first term, Vilsack embarked on a long listening tour to hear from small-scale farms about the impact of corporate consolidation within agriculture. The tour left many hopeful that the administration would overhaul regulations in the meatpacking industry and shift some market power back to small producers. Many years later, the administration advanced a watered-down version of the rules, which were then rolled back by the Trump administration.

………

Yet Vilsack spent the last four years as CEO for the U.S. Dairy Export Council, a group that represents some of the biggest dairy conglomerates which in turn hold a lot of sway over prices paid to small-scale farmers. Market control by the biggest player, critics argue, has been a contributing factor in the recent spate of small dairy failures. “Secretary Vilsack’s experience in the last four years does give us some cause for concern,” Stranz said. “But we also know, however, that as an administrator for a federal agency, he has the wherewithal and ability to work to advance policy goals that benefit farmers across the country.”

………

Some advocates hoped that the Biden administration would work to combat consolidation in agriculture and feel let down by Vilsack’s nomination. In particular, they take issue with his failure to prioritize policies that would have given farmers and ranchers more leverage with the industry’s meatpacking giants.

Take the Farmer Fair Practice rules—also known as the Grain Inspection, Packers, and Stockyards Administration (GIPSA) rules—for example. As antitrust law advocates see it, Vilsack’s USDA dilly-dallied over the rules for too long, and by eventually introducing them in the final months of the Obama administration, it all but guaranteed that they would get axed by Trump. These rules would have made it easier for contract farmers to sue processors—who dictate almost all the terms of raising livestock—over unfair retaliation, such as terminating contracts of farmers who attempt to organize.

………

“He can’t work for industry if he’s governing the industry.”

Vilsack also accumulated fresh baggage in the last four years as president and CEO of the U.S. Dairy Export Council, an organization tasked with generating overseas demand for U.S. milk and milk products. Vilsack has drawn heat for taking a nearly $1 million salary from his job, at a time when dairy farmers have struggled with low prices and bankruptcies.

 ………

It’s also important to note that since the Export Council counts some of the largest dairy suppliers in the country among its members, including Dairy Farmers of America (DFA), the nation’s biggest milk processor and cooperative. DFA has been the subject of numerous lawsuits alleging antitrust violations and price-fixing practices, which many dairy farmers say have led to declining revenue and even driven some out of business. Now, they’re worried that Vilsack’s affiliation could pose a “huge” conflict of interest should he be confirmed as secretary of agriculture again.

………

Ultimately, Vilsack’s record as agriculture secretary was spotty. He missed opportunities to prioritize environmental policies and backed off on reigning in monopolies in the meat industry. And his record on civil rights has only worsened since he left office, amid a steady trickle of revelations about his treatment of Black farmers and victims of sexual harassment. These failures have left deep scars—scars that are dealbreakers for some and, at minimum, caution flags for others.

This guy is a complete horror show, and epitomizes everything that was wrong, and corrupt with the Obama administration. 

Capitulation to corporate interests, partnering with entities who are the source of the party, and a steadfast push for market based solutions in the event of market failures.

Vilsack was bad in 2009.  He is even worse now.

*I’m not making this up. This what he is actually what called by his opponents.

I’ve Called This Out for a While

A study has shown that The Lincoln Project’s ads actually had a negative impact, something which I noted on my blog a month ago and at least 6 months ago on the Stellar Parthenon BBS.

As long as I’ve known of the Lincoln Project, I have maintained that it has two purposes:

  • Enriching its principals.
  • To embrace and extend the Neoliberal capture of the Democratic Party.

It comes as no surprise then that this enterprise actually had negative utility on the matter of delivering votes to the Democratic Party.  That was never its purpose:

At various junctures during the 2020 campaign an attack ad would pop online that had observers on Twitter buzzing about how devastating for Donald Trump it would be. Except, more often than not, the ads weren’t effective, at least not for the nominal point of the election: persuading on-the-fence voters to back Joe Biden.

That’s the conclusion the Democratic Party’s top super PAC reached after doing analytical research into a handful of spots that went viral on Twitter.

The PAC, Priorities USA, spent a good chunk of the cycle testing the effectiveness of ads, some 500 in all. And, along the way, they decided to conduct an experiment that could have potentially saved them tons of money. They took five ads produced by a fellow occupant in the Super PAC domain—the Lincoln Project—and attempted to measure their persuasiveness among persuadable swing state voters; i.e. the ability of an ad to move Trump voters towards Joe Biden. A control group saw no ad at all. Five different treatment groups, each made up of 683 respondents, saw one of the five ads. Afterwards they were asked the same post-treatment questions measuring the likelihood that they would vote and who they would vote for.

The idea wasn’t to be petty or adversarial towards the Lincoln Project, which drew both fans and detractors for the scorched-earth spots it ran imploring fellow Republicans to abandon Trump. It was, instead, to see if Twitter virality could be used as a substitute for actual ad testing, which took funds and time. If it turned out that what the Lincoln Project was doing was proving persuasive, the thinking went, then Priorities USA could use Twitter as a quasi-barometer for seeing how strong their own ads were.

But that didn’t turn out to be the case. According to Nick Ahamed, Priorities’ analytics director, the correlation of Twitter metrics—likes and retweets—and persuasion was -0.3, “meaning that the better the ad did on Twitter, the less it persuaded battleground state voters.” The most viral of the Lincoln Project’s ads—a spot called Bounty, which was RTed 116,000 times and liked more than 210,000 times—turned out to be the least persuasive of those Priorities tested.

The  Democratic Party establishment (There is no Democratic Party establishment) and the useful idiots at MSNBC who were so enamored of of these ad campaigns were suckers for a group of con men.

The lesson to be learned here is beware of Republicans bearing gifts.

Arthur Anderson Squared

It increasingly appears that accounting firm Ernst & Young covered up fraud by the defunct German electronic payments firm Wirecard.

Here’s hoping that regulators go medieval on their ass:

Germany’s audit watchdog suspects EY partners knew they were issuing a “factually inaccurate” audit for Wirecard in 2017, according to four people familiar with the matter.

Apas, the Berlin-based audit oversight body, has reported EY to prosecutors, telling them that the firm may have acted criminally during its work for Wirecard, which collapsed into insolvency earlier this year in one of Europe’s largest fraud scandals.

Wirecard, a once high-flying German payments company, was audited by EY for more than a decade and until 2019 always received unqualified audits.

However, in 2017 EY was just days away from denying Wirecard the crucial all-clear, according to documents reviewed by Apas. On March 29 of that year EY warned Wirecard that a qualified audit was imminent and shared a draft version of a qualified opinion with its client, people familiar with the documents told the FT.

………

Just days later, the auditors changed their minds. On April 5, they signed an audit opinion that stated: “Our audit has not led to any reservations.”

Apas found that it was unreasonable to believe that the issues could have been resolved within a few days, according to people familiar with the matter. The watchdog told prosecutors that therefore EY’s unqualified audit was “factually inaccurate”.

Last week the EY auditing partners, Andreas Loetscher and Martin Dahmen told MPs that they were being probed by Apas over their work for Wirecard and declined to give testimony to the parliamentary inquiry commission into Wirecard.

………

Munich prosecutors are evaluating the evidence sent by Apas and have not decided whether to open a criminal investigation of EY partners. Under German law, auditors found guilty of such misconduct can be punished with up to three years in jail.

I’m rooting for Munich prosecutors to do the right thing here, which, in light of prosecutions in Munich, feels a bit strange to me.

Prosecutions, even without convictions serve as a deterrent, and convictions, even with relative short sentences are a real deterrent.

And the “Bipartisan Deal” Gets Even Worse

It turns out that the “Bipartisan Stimulus Package” that Pelosi and Schumer have caved on is even worse than I had originally noted.

It contains a provision that will completely indemnify irresponsible and negligent employers, no matter how egregious their behavior is.

It can’t be bipartisan unless it shafts ordinary workers, I guess:

In early October, Harvard researchers sounded an alarm: they released a report showing a pattern of coronavirus deaths surging soon after workers filed requests for workplace safety assistance from the US labor department. The takeaway was clear: workers are desperately begging the government to help protect them from a deadly pandemic, the government has been unresponsive, and lots of workers have subsequently died preventable deaths.

Today, a little more than a month after the study came out, the federal government is finally responding: a bipartisan group of Senate and House lawmakers have announced legislation to shield corporations from lawsuits when their lax safety standards kill more workers.

In practice, the legislation, which is being tucked into a larger Covid relief package, is a holiday-season gift for corporate donors: it would strip frontline workers of their last remaining legal tool to protect themselves in the workplace – at the same time the unemployment system is designed to financially punish those workers if they refuse to return to unsafe workplaces during the pandemic.

The legislation comes not only as workers continue to die, but also as roughly 7- 9% of the total Covid-19 death count are “take home” infections traced to employees unwittingly spreading the disease to their families and friends.

At the behest of corporate lobbyists, the liability shield initiative has spread like a virus in America’s political system: as the Daily Poster first reported, it coursed through state legislatures across the country after the New York Democratic governor, Andrew Cuomo, responded to a Covid-19 mass death in nursing homes by shielding nursing home executives from lawsuits – after a healthcare lobby group funneled $1m into his political machine.

………

US Representative Alexandria Ocasio-Cortez has been one of the few Democratic lawmakers to spotlight what’s really going on. Last week, she tweeted: “If you want to know why Covid-19 relief is tied up in Congress, one key reason is that Republicans are demanding legal immunity for corporations so they can expose their workers to Covid without repercussions.”

The bipartisan initiative aims to obscure its Dr Evil level of depravity by superficially depicting the liability shield as merely temporary. But that seems like a ruse, as indicated by private equity mogul and senator Mitt Romney of Utah, who said the federal Covid-19 liability shield provision “provides a temporary suspension of any liability-related lawsuits, state or federal level associated with Covid-19, giving states enough time to put in place their own protections”.

Though full legislative language has not been released, the goal seems clear: to give state legislatures more time to permanently prevent workers from suing employers who endanger them, and to permanently block their families from mounting such lawsuits when the workers die.

………

With liability shields, those same employers will know that they can get away with all kinds of cost-slashing and corner-cutting that endangers workers and denies them access to basic protective gear.

In other words, corporations will know they can drive the Covid-19 body count ever higher, and they won’t even have to worry about being called into a courtroom to answer for their crimes.

This is why people think that the only way that you can get true reform is to wreck the whole thing.

The very serious people in DC only come together to f%$# the ordinary people.

Today in Evil

Memos have been released showing that Florida Governor Ron DeSantis actively deceived the public about the spread of Covid for political gain.

We already knew that he was a miserable excuse for a human being, but now we have proof:

Throughout the COVID-19 crisis in Florida, Gov. Ron DeSantis’ administration engaged in a pattern of spin and concealment that misled the public on the gravest health threat the state has ever faced, a South Florida Sun Sentinel investigation has found.

DeSantis, who owes his job to early support from President Donald Trump, imposed an approach in line with the views of the president and his powerful base of supporters. The administration suppressed unfavorable facts, dispensed dangerous misinformation, dismissed public health professionals, and promoted the views of scientific dissenters who supported the governor’s approach to the disease.

The DeSantis administration’s approach to managing COVID-19 information carries costs. It supports a climate in which people proudly disdain masks, engage in dangerous group activities that could spread the disease, and brush aside information that conflicts with their political views. With partygoers packing Florida bars and holiday travelers filling hotels and guest rooms, the state faces a few difficult months before the possible relief of vaccines.

These findings are based on interviews with more than 50 people, including scientists, doctors, political leaders, employees of the state health department, and other state officials, as well as more than 4,000 pages of documents:

  • The Florida Department of Health’s county-level spokespeople were ordered in September to stop issuing public statements about COVID-19 until after the Nov. 3 election.
  • The DeSantis administration refused to reveal details about the first suspected cases in Florida, then denied the virus was spreading from person to person — despite mounting evidence that it was.
  • State officials withheld information about infections in schools, prisons, hospitals and nursing homes, relenting only under pressure or legal action from family members, advocacy groups and journalists.
  • The DeSantis administration brushed aside scientists and doctors who advocated conventional approaches to fighting the virus, preferring scientists on the fringes who backed the governor’s positions.
  • The governor’s spokesman regularly takes to Twitter to spread misinformation about the disease, including the false claim that COVID was less deadly than the flu.
  • The governor highlighted statistics that would paint the rosiest picture possible and attempted to cast doubt on the validity of Florida’s rising death toll.

“The governor is a smart, educated guy,” said Thomas Unnasch, co-director of the Center for Global Health and Infectious Disease Research at the University of South Florida in Tampa. “But he also is a politically savvy guy. He is encouraging people who are of the opinion that the virus is not as severe and profound as others say it is and putting politics before science.”

………

Don’t issue news releases or write social media posts about COVID, they were told, according to three health department county spokespeople who asked not to be identified. Instead, talk about flu shots, hearing-loss screenings — anything but the virus.

“It is all part of the top-down control of messaging from the governor’s office,” said a senior official in the health department.

The order came from Alberto Moscoso, communications director for the state health department. It’s unclear who told Moscoso to issue the order. He left the department on Nov. 6 and declined comment for this report.

This is ineluctably evil. 

In a just world, he’d be facing impeachment right now, but we are talking about Florida.

A Feature, Not a Bug

It appears that Facebook (and as an aside, Google, Amazon, IBM, and the rest of them) have been using the various foreign worker programs to pay their employees less,which is in direct conflict with the black-letter law.

The Justice Department on Thursday sued Facebook over allegations that it discriminated against Americans in the way it hired temporary foreign workers for thousands of well-paid positions.

The lawsuit contends that Facebook failed to properly advertise at least 2,600 jobs — and consider applications from U.S. citizens — before it offered the spots to foreign workers whom the tech giant was sponsoring for green cards granting permanent residence.

Facebook’s practices violated federal laws that require employers to demonstrate that there are no qualified U.S. workers available before it offers positions to temporary foreign workers it is sponsoring, the Justice Department said. The government sought unspecified monetary damages and other penalties against the tech giant for the alleged violations, which occurred in 2018 and 2019.

“Our message to workers is clear: if companies deny employment opportunities by illegally preferring temporary visa holders, the Department of Justice will hold them accountable,” Eric S. Dreiband, assistant attorney general for the Civil Rights Division, said in a statement.

Facebook said it could not comment on the now-pending litigation, but spokesman Andy Stone said in a statement the company had been cooperating with the Justice Department fully on its probe and disputes the allegations in the complaint.

………

Facebook, in particular, long has sought to expand the ranks of high-skilled foreign laborers in the United States, including programs such as the H-1B visa, as they aim to recruit the critical talent necessary to power their highly technical operations. Trump, however, has sought to restrict such programs in recent months — announcing in October, for example, new limits on the visas that later drew broad corporate blowback.

In its complaint, the Justice Department said Facebook has eschewed its traditional hiring process in cases where it wanted to hire an employee on an H-1B visa for a permanent position. When a temporary visa holder sought such a job, Facebook “diverged from its normal recruiting protocols,” according to the government, opting in some cases against “advertising the position on its external website.”

If a U.S. worker applied for one of these jobs — and Facebook determined they were qualified — the company appeared to hire them in a different capacity, the lawsuit found. Federal law generally only allows a company to sponsor a temporary worker for a permanent position in cases where there is no qualified U.S. applicant.

This is not how the system is SUPPOSED to work, but it is how it ACTUALLY works.

Notwithstanding claims to the contrary, the H1B and L1A programs are used to hire cheap, not hiring people with skills unavailable elsewhere.

This has been an open secret since at least 1982, when I was told by someone at what is now the Massachusetts DUA not to even bother applying.