Why Did the Justice Department Kill the Madoff Subpoena Against JPMorgan?
By Pam Martens | Wall Street on Parade | December 31, 2013
Since December 16, major business media have failed to dig deeper into a potentially blockbuster story involving the Justice Department’s refusal to honor a Wall Street regulator’s request for a subpoena against JPMorgan Chase to obtain Madoff related documents the firm was refusing to turn over. JPMorgan Chase was Madoff’s banker for the last 22 years of his fraud. The Trustee in charge of recovering funds for Madoff’s victims, Irving Picard, said in a filing to the U.S. Supreme Court this Fall that JPMorgan stood “at the very center of Madoff’s fraud for over 20 years.”
It’s a big story when a serial miscreant like JPMorgan – which has promised its regulators to change its jaded ways in exchange for settlements – risks obstruction of justice charges by denying one of its key regulators internal documents. It becomes an explosive story when the Justice Department, the highest law enforcement agency in the land and the regulator’s only source of help in enforcing a subpoena for the documents, sides with the serial miscreant instead of the regulator.
The story began on December 16 when Scott Cohn of CNBC posted a story with this headline: “Feds Probe JPMorgan Interference in Madoff Case.” The article revealed that the Office of the Comptroller of the Currency (OCC), a JPMorgan Chase regulator and part of the U.S. Treasury Department, had been so riled by JPMorgan’s refusal to turn over documents related to what its employees knew about the Madoff fraud that it referred the matter to the Treasury Department’s Inspector General.
The article quotes Richard Delmar, legal counsel to the Inspector General, who explains that “This office was looking into allegations made by JPMC’s regulator, the Office of the Comptroller of the Currency (OCC) that its oversight of the bank was being impeded, specifically with respect to the bank’s provision of banking services to Madoff.”
The Inspector General’s office clearly believed there was merit to the OCC’s claim because it issued its own administrative subpoena for the documents, according to the CNBC story. JPMorgan refused that request as well, leading the Inspector General to ask the Justice Department to enforce the subpoena – a request it refused to honor.
When the Justice Department refused to enforce this subpoena, it went against not one, or two, but three sets of investigators who had found a serious basis for suspecting JPMorgan of wrongdoing in the Madoff fraud.
Irving Picard, the Madoff victims’ fund trustee, had already filed a lower court lawsuit mapping out his case against JPMorgan. Picard told the court:
“Evidence of Madoff’s fraud permeated every facet of JPMC [JPMorgan Chase]. It ran from the Broker/Dealer Group, where BLMIS [Bernard L. Madoff Investment Securities LLC] maintained a bank account that no one honestly could have believed was serving any legitimate purpose, to Equity Exotics, where JPMC learned of the red flags inherent in BLMIS’s investment strategy, to JPMC’s London office, which learned that individuals might be laundering money through BLMIS feeder funds, to the Private Bank, which maintained intimate relationships with one of BLMIS’s largest customers, to Treasury & Security Services, which was responsible for investing the balance of the 703 Account in short-term securities.”
In a more recent filing with the U.S. Supreme Court seeking to overturn lower court findings that he lacked standing to sue JPMorgan and other banks, Picard further detailed his case against JPMorgan, explaining that JPMorgan was well aware that Madoff was claiming to invest tens of billions of dollars in a strategy that involved buying large cap stocks in the Standard and Poor’s 500 index while simultaneously hedging with options. But the Madoff firm’s primary bank account at JPMorgan, which the bank had intimate access to review for over 20 years, was devoid of evidence of stock or options trading.
Picard’s petition to the Supreme Court reads: “As JPM [JPMorgan] was well aware, billions of dollars flowed from customers into the 703 account, without being segregated in any fashion. Billions flowed out, some to customers and others to Madoff’s friends in suspicious and repetitive round-trip transactions. But in the 22 years that JPM maintained the 703 account, there was not a single check or wire to a clearing house, securities exchange, or anyone who might be connected with the purchase of securities. All the while, JPM knew that Madoff was using the account to run an investment advisory business with thousands of customers and billions under management and knew that Madoff was using its name to lend legitimacy to his enterprise…”
Picard also informed the Court that employees inside JPMorgan were well aware of the suspicions surrounding Madoff. JPMorgan’s Chief Risk Officer, John Hogan, had warned his colleagues 18 months prior to Madoff’s confession of his Ponzi scheme that “there is a well-known cloud over the head of Madoff and that his returns are speculated to be part of a ponzi scheme.”
Rather than reporting their concerns to the Justice Department, according to Picard, JPMorgan invested over $250 million of its own money with Madoff feeder funds while it simultaneously created structured investment products that allowed its own investors to make leveraged bets on the returns of the feeder funds invested with Madoff.
In September 2008, just two months before Madoff would confess to running an unprecedented fraud that bilked investors out of over $17 billion in real money and $65 billion in assets shown on customer statements, JPMorgan conducted a new round of due diligence and decided it was time to get out of its $250 million investment involving the feeder funds to Madoff.
One week ago, David Cay Johnston picked up on the subpeona story for Newsweek, writing: “Bernard Madoff’s principal bank, JPMorgan Chase, has for years obstructed federal bank examiners trying to ascertain what it knew about his gigantic Ponzi scheme, an official document obtained by Newsweek shows.”
Johnston cited an internal document he had obtained from the Government Attic, a public interest website that posts documents it obtains from Freedom of Information Act requests. Johnston said that “The JPMorgan memos Justice declined to pursue are almost certain to show that years earlier the bank had grounds to suspect Madoff was running a fraud.”
The most critical aspect of this subpoena story has thus far been overlooked. It may well be that there is an official position at the U.S. Department of Justice not to issue any subpoenas against the largest Wall Street firms.
On January 22 of this year, the award-winning producer, Martin Smith, aired a Frontline program for PBS titled “The Untouchables.” Smith had this to say on air:
“We spoke to a couple of sources from within the Criminal Division, and they reported that when it came to Wall Street, there were no investigations going on. There were no subpoenas, no document reviews, no wiretaps.”
One day after that program aired, the Washington Post reported that Lanny Breuer, head of the Criminal Division of the U.S. Department of Justice was stepping down from his post.
Now it would appear that the Justice Department’s problem of quashing subpoenas against Wall Street did not end with the departure of Lanny Breuer.
Related articles
- New Revelation that AG Eric Holder Is Protecting JPMorgan Chase NYC From Criminal Investigation (truth-out.org)
- JPMorgan May Face Criminal Charges for Blowing the Whistle on Madoff – To the Wrong Country (blacklistednews.com)
- New Revelation that AG Eric Holder Is Protecting JPMorgan Chase NYC From Criminal Investigation (blacklistednews.com)
NSA’s Personal Propagandist For CBS Officially Takes Counterterrorism Job Everyone Knew He Was Getting
By Mike Masnick | Techdirt | December 30, 2013
When 60 Minutes did its hack PR job for the NSA a few weeks ago, lots of people called out the fact that the reporter who handled the segment, John Miller, wasn’t just a former intelligence official working for the Office of the Director of National Intelligence (which oversees the NSA), but that he was widely rumored to have worked out a deal for a new job for the NYPD, heading up “counterterrorism.” Even though there were multiple reports at the time, including one that claimed it was a “99.44% done deal,” when asked about it, Miller lied. He told a reporter, “you know as much about this as I do.”
That was clearly Miller lying — something that Miller has had an issue with in the past — as the “rumor” is now confirmed and Miller has accepted his job doing “counterterrorism” for the NYPD. And while some might say that doing counterterrorism for a city police force is different than working for national intelligence, that’s only because you’re not familiar with the NYPD, which has set up something of a shadow NSA/CIA to do all sorts of activities not normally associated with a police force.
And, of course, since the press was clearly familiar with Miller’s expected role, it raises serious questions about why 60 Minutes allowed the puff piece to move forward with a seriously conflicted “journalist.” While Miller has lashed out at critics, rather than respond to a single point raised, the brand that comes out worst in all this is clearly CBS and 60 Minutes — which basically let an intelligence official do an entire propaganda piece on the NSA. 60 Minutes used to be about hard hitting journalism. Now, apparently, they think it’s “journalism” to shill for the surveillance state.
NSA collects data from undersea cables

South East Asia–Middle East–Western Europe 4 (SEA-ME-WE 4) optical fiber submarine communications cable
Press TV – December 29, 2013
The US National Security Agency (NSA) has collected sensitive data on key undersea optical fiber telecommunications cables between Europe, North Africa and Asia.
Citing classified documents labeled “top secret” and “not for foreigners”, German news magazine Der Spiegel reported on Sunday that the NSA spied on the so-called “South East Asia-Middle East-West Europe 4” also known as “Sea-Me-We 4” undersea cable system.
The German magazine said NSA specialists had hacked an internal website belonging to the operator consortium to mine documents about technical infrastructure including circuit mapping and network management information. “More operations are planned in the future to collect more information about this and other cable systems.” Spiegel quoted the NSA documents, dating from February, as saying.
According to the website of the project “the South East Asia-Middle East-West Europe 4 project is a next generation submarine cable system linking South East Asia to Europe via the Indian Sub-Continent and Middle East. The project aims to take these regions to the forefront of global communication by significantly increasing the bandwidth and global connectivity of users along its route between Singapore and France.”
Spiegel reports that “Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle.”
In March 2004, a consortium of 16 international telecommunications companies signed construction and maintenance agreements for the new optical fiber submarine cable system linking South East Asia to Europe via the Indian Sub-Continent and Middle East with Terminal Stations in Singapore, Malaysia, Thailand, Bangladesh, India, Sri Lanka, Pakistan, United Arab Emirates, Saudi Arabia, Egypt, Italy, Tunisia, Algeria and France. The contract is being awarded jointly to Alcatel Submarine Networks, France and Fujitsu Ltd., Japan and the estimated project cost is of the order of $500 million.
The submarine cable system is approximately 20,000km long. It consists of the main backbone across the Eastern and Western worlds plus the extension links in various countries. The project seeks to support telephone, internet, multimedia and various broadband data applications.
It seems the method was employed by the NSA’s elite hacking unit (TAO) via incorporating routers and servers from non-NSA networks into its covert network by infecting these networks with “implants” that then allow the government hackers to control the computers remotely.
The document leaked by Der Spiegel proudly says that, on Feb. 13, 2013, TAO “successfully collected network management information for the SEA-Me-We Undersea Cable Systems (SMW-4).” With the help of a “website masquerade operation,” the agency managed to “gain access to the consortium’s management website and collected Layer 2 network information that shows the circuit mapping for significant portions of the network.”
The US government claims that its spying operations that are taking place both at home and abroad are vital for fighting terrorism.
A federal judge ruled Friday that the NSA’s bulk collection of millions of Americans’ telephone and Internet records is legal. US District Judge William Pauley also concluded that the operation is an important part of America’s effort to combat the threat of terrorism.
NSA spies on millions of telephone and Internet records that are routed through American networks on daily basis. According to some estimates, NSA spies on 380 million cellphones in the US.
Prior to Pauley’s ruling, another US District Court Judge, Richard Leon, had described the massive NSA spying program “Almost Orwellian”.
“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen,” Judge Leon wrote.
FDA Antibiotic Guidance Is Gift To Big Pharma and Big Meat
By Martha Rosenberg | Dissident Voice | December 23, 2013
This month’s FDA guidance for reducing livestock antibiotics will actually make things worse, animal welfare and food activist groups are saying. “The FDA is using a garden hose on a forest fire,” says Farm Sanctuary Senior Policy Director Bruce Friedrich. The guidance is a “diversion” that pretends to address the problem of factory farm-driven antibiotic resistance while accomplishing nothing. Antibiotic resistant infections, widely seen as driven by factory farming, sicken 2 million a year in the US and kill 23,000, says the CDC. By asking drug makers to voluntarily renounce the use of antibiotics for livestock growth on their labels, the guidance “won’t cost the industry a penny” or reduce antibiotic use at all, says Friedrich. The reason? Factory farm antibiotics are also used to treat sickness which the crowded conditions tempt — a use that is still allowed under the guidance. Only the wording will change, says Friedrich.
In a December 11 conference call, the FDA’s Michael (“Monsanto”) Taylor, deputy commissioner for foods and veterinary medicine, William T. Flynn, deputy director for science policy and USDA’s Thomas J. Myers, associate deputy administrator, told reporters that the government is asking drug makers to voluntarily restrict the uses on their antibiotic labels –yes, asking – in a shocking gift of self-regulation. Similar honor systems exist at slaughterhouses since Hazard Analysis and Critical Control Points (HACCP) was instituted in 1998 in which industry creates its own safety plan which the government simply cosigns. A similar honor system called the Hazard Analysis and Critical Control Point-Based Inspection Models Project (HIMP) is imminent for poultry slaughterhouses.
Why are the FDA and USDA allowing industry to write its own ticket? (And why would industry write itself out of its own profits?) Because to mandate the changes would require “hundreds of separate regulations” and actions, whined government officials on the conference call. It is easier to just say please to industry.
To many reporters on the conference call, the plans sounded like fluff. If the changes are voluntary, “what will enforce” them and serve as an “incentive” asked an ABC reporter? Food producers and drug companies need no incentive retorted Michael Taylor because they are starting to phase out antibiotics “for their own reasons” — citing McDonald’s and KFC. Right.
If factory farmers actually phased out antibiotics (which prevent animals from becoming sick in high density-farming) won’t livestock producers “have to move to different buildings” asked a reporter from Reuters. That’s why we are giving industry three years to comply replied William Flynn.
Will you release the identifies of drug companies who do not comply asked another reporter? No, replied Flynn. We will give an “overview” of the level of “engagement” of industry but not individual company names. (USDA has also protected the identities of US ranches that released mad cows into the US food supply and restaurants who served them according to newspaper and government sources.)
Animal welfare groups like Farm Sanctuary, American Society for the Prevention of Cruelty to Animals and the Animal Legal Defense Fund are not the only ones calling the FDA guidance toothless and a serious capitulation to industry. Congresswoman Louise M. Slaughter, the only microbiologist in Congress, called the guidance “an inadequate response to the growing antibiotic resistant crisis caused by overuse of antibiotics on the farm.” Industry has spent over $17 million to block a bill Rep. Slaughter developed, in conjunction with the late Sen. Ted Kennedy, called the Preservation of Antibiotics for Medical Treatment Act (PAMTA), says a press release from her office.
This is not the first time government has caved to drug makers over the regulation of livestock antibiotics. In 2008, the FDA had announced that there was “evidence that extralabel use of these drugs [cephalosporins] in food-producing animals will likely cause an adverse event in humans and, as such, presents a risk to the public health,” and called for their prohibition. Notice the FDA says “will likely cause” not “could likely cause” and “presents a risk” not “could present a risk”?
But by the time hearings were held two months later and lobbyists had worked their magic, the “Cephalosporin Order of Prohibition” had somehow become a “Hearing to Review the Advances In Animal Health Within The Livestock Industry.” Prohibition — advances, same idea, right?
At the hearings, the American Veterinary Medical Association (AVMA), the Animal Health Institute, a Big Pharma trade group and the egg, chicken, turkey, milk, pork and cattle industries whined that they could not “farm” without antibiotics because more feed would be required and the animals would get sick from being immobilized over their own manure.
Afterwards, W. Ron DeHaven, DVM, who was the USDA’s top vet before leaving for industry and helming the AVMA, penned a rambling, almost incoherent 18-page letter with 62 footnotes to the FDA. Cephalosporin resistant “human pathogens” aren’t increasing, says the letter, and even if they are, they’re not affecting human health, and even they’re affecting human health, how do you know it’s from the livestock drugs, and even if it’s from the livestock drugs, the FDA has no legal authority to ban cephalosporin. Got that?
Alternately maudlin and accusatory, the letter plays on terrorism fears by calling a cephalosporin ban a “food security issue” affecting “the number of animals available for the food supply.” It also plays on humanitarian sentiments by claiming a ban would impede veterinarians’ ability “to relieve the pain and suffering of animals” as if cephalosporins are pain killers and other drugs aren’t available. (And as if antibiotics are given for animals’ welfare instead of revenue welfare!) But less than a month after the letter was sent, on November 25 the FDA quietly revoked the prohibition. Good hire, AVMA!
It is no surprise that factory farm operators fight to keep their antibiotics says Farm Sanctuary’s Bruce Friedrich. Without them, in their profit-driven “filth chambers,” the animals would simply die.
Canada’s intelligence service asked foreign agencies to spy on Canadians
RT | December 22, 2013
Canada’s intelligence agency deliberately kept the country’s Federal Court “in the dark” to bypass the law in order to outsource its spying on Canadian citizens abroad to foreign security agencies, a federal judge said.
Federal Court Judge, Richard Mosley, has slammed the Canadian Security Intelligence Service (CSIS) for knowingly misleading him on numerous occasions.
Since 2009, Mosley has issued a large number of warrants to the CSIS, authorizing interception of electronic communications of unidentified Canadians abroad, who were investigated as threats to domestic security.
The spy agency assured the judge that the surveillance was to be carried out from inside Canada and controlled by and the Communication Security Establishment of Canada (CSEC), the country’s foreign signals intelligence service.
But, after the warrants were obtained, Canada’s foreign partners from the Five Eyes intelligence-gathering alliance (US, UK, Australia and New Zealand) were asked to perform the interceptions.
Canada’s Federal Court wasn’t notified of the foreign involvement and never approved it, Mosley wrote in a redacted version of a classified court decision which was made public on Friday.
“It is clear that the exercise of the court’s warrant issuing has been used as protective cover for activities that it has not authorized,” the document stressed. “The failure to disclose that information was the result of a deliberate decision to keep the court in the dark about the scope and extent of the foreign collection efforts that would flow from the court’s issuance of a warrant.”
Under Canada’s current legislation, the Federal Court has no authority to issue warrants that involve surveillance of Canadians by foreign intelligence agencies, he added.
The actions of CSIS and CSEC put the Canadian citizens abroad at risk as they “may be detained or otherwise harmed as a result of the use of the intercepted communications by the foreign agencies,” Mosley wrote.
“Given the unfortunate history of information sharing with foreign agencies over the past decade and the reviews conducted by several royal commissions, there can be no question that the Canadian agencies are aware of those hazards,” the document said. “It appears to me that they are using the warrants as authorization to assume those risks.”
Mosley demanded explanations from the security agencies after an annual report by CSEC commissioner, Robert Decary, this August.
The judge became suspicious after Decary suggested that CSIS should provide the Federal Court with “certain additional evidence about the nature and extent” of the help, it received from his agency.
The results of the Federal Court’s inquiry into the matter were made public on Friday.
By misleading him, the CSIS and CSEC have been in “breach of the duty of candor,” which resulted in misstatements on the public record about the scope of the authority granted to the service,” Mosley wrote.
Mosley, who used to be a former assistant deputy minister in the Justice Department, was intimately involved in the creation of the 2001 Anti-terrorism Act, which the CSIS and CSEC violated.
Judge Chastises Obama Administration for Using “Secret Law” to Withhold Documents
By Noel Brinkerhoff | AllGov | December 20, 2013
The Obama White House has been ordered (pdf) by a federal judge to release a copy of an unclassified presidential directive after it tried to use “secret law” to keep it out of the hands of a government watchdog group.
U.S. District Judge Ellen Segal Huvelle also admonished the administration for the “unbounded nature” of its claim and thinking it had a “limitless” view of its power to withhold presidential communications from the public.
“The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight—to engage in what is in effect governance by ‘secret law,’” Huvelle wrote in her opinion.
The case began after the nonprofit Center for Effective Government filed a lawsuit under the Freedom of Information Act to obtain a copy of Presidential Policy Directive 6, which deals with U.S. foreign aid (pdf).
The group argued that “PPD-6 is not protected by the presidential communications privilege because it was not made in the course of making decisions, but instead is the final decision itself….”
Huvelle, who was appointed to the federal bench by President Bill Clinton, made a point of personally examining the document rather than rely on the Obama administration’s characterization of it. After doing that, she determined that it “is not ‘revelatory of the President’s deliberations’ such that its public disclosure would undermine future decision-making.”
The White House insisted it could withhold the document, even though it was “a widely-publicized, non-classified Presidential Policy Directive,” according to Huvelle.
She also noted: “Never before has a court had to consider whether the [presidential communications] privilege protects from disclosure under FOIA a final, non-classified, presidential directive.”
Julie Murray, an attorney with Public Citizen and counsel for the Center for Effective Government, applauded the decision.
“We are pleased to see that the court recognized the government’s position in this case for what it is: a remarkable and unlawful attempt to keep secret a broad federal policy,” she said in a prepared statement.
“The court’s decision is a resounding win for the principle of government openness and a reminder to the Obama administration that its commitment to transparency must come not just in words, but in deeds,” Murray added.
To Learn More:
Court Rebukes White House Over “Secret Law” (by Steven Aftergood, Secrecy News)
Judge Orders Release of Presidential Policy Directive (Center for Effective Government)
Memorandum Opinion: Center for Effective Government v. U.S. Department of State, et al. (U.S. District Court for the District of Columbia) (pdf)
Obama Administration Hiding Details of Presidential Policy Directives (by Matt Bewig, AllGov)
11 Secret Documents Americans Deserve to See (by David Wallechinsky, AllGov)
Classified Documents on the Rise Despite Obama Talk of Transparency (by Noel Brinkerhoff and David Wallechinsky)
Tax loophole saved $100 billion for richest Americans

Zionist billionaire Sheldon Adelson
Press TV – December 21, 2013
The wealthiest Americans are exploiting a tax loophole to avoid paying billions in estate or gift taxes, contributing to the soaring income inequality in the United States, according to a report.
The loophole has cost the US government more than $100 billion since 2000, the Bloomberg reported.
The popularity of the tax avoidance maneuver, known as the Walton grantor retained annuity trust, or GRAT, shows how easy it is for the wealthy to bypass estate and gift taxes, the report said.
Even Richard Covey, the lawyer who pioneered the tax maneuver, which involves rapidly churning assets into and out of trusts, says it makes a mockery of the US tax code.
“You can certainly say we can’t let this keep going if we’re going to have a sound system,” Covey said.
Covey’s technique is one of several common devices that together make the estate tax system essentially ineffective as a brake on soaring economic inequality, says Edward McCaffery, a professor at the University of Southern California’s Gould School of Law.
Zionist billionaire Sheldon Adelson has given at least $7.9 billion to his heirs while legally avoiding about $2.8 billion in US gift taxes since 2010, according to calculations based on data in Adelson’s US Securities and Exchange Commission filings.
Shares of Adelson’s Las Vegas Sands Corp. are at a five-year high, making the gambling billionaire one of the world’s richest men in the world, worth more than $30 billion.
Since 2009, President Barack Obama and some Democratic lawmakers have made fruitless proposals to narrow the GRAT loophole.
Covey has suggested one reason for the lack of action is that wealthy campaign donors and politicians want to keep the loophole in place.
Related articles
- Accidental Tax Break Saves Wealthiest Americans $100 Billion… (bloomberg.com)
- How Billionaires Like Sheldon Adelson Exploit an ‘Accidental’ Tax Loophole (billmoyers.com)
Pity JP Morgan/Chase
By CHRISTOPHER BRAUCHLI | CounterPunch | December 20, 2013
One has to feel sorry for JPMorgan Chase. Several months ago it thought it had not only paid a sufficient amount in fines to make up for its bad behavior but it had also engaged in a form of penance for some of the bad things it had done. Little did it know.
The penance was reformation of its practices with respect to payday loans. Before the reforms, JPMorgan Chase (and many other institutions dealing with payday lenders) permitted payday lenders to automatically withdraw repayment amounts from the borrowers’ bank accounts and agreed to prevent borrowers from closing their accounts or issuing stop payment orders so long as the payday lender was not fully repaid. As a result a borrower who did not have enough money in the bank to repay the lender the amount due on a given date was charged an insufficient fund fee by the bank each time the lender submitted a request for payment in many cases generating hundreds of dollars in fees imposed on the borrowers. That practice came to an end in May 2013. The fines it paid, in addition to its act of penance were described by Kevin McCoy of USA Today.
Between June 2010 and November 2012 JPMorgan Chase paid more than $3 billion in fines and settlements that related to, among other things, overcharging active-duty service members on their mortgages, misleading investors about a collateralized debt obligation it marketed, rigging at least 93 municipal bond transactions in 31 states, and countless other misdeeds. In August 2012 alone it paid a fine of $1.2 billion to resolve a lawsuit that alleged it and other institutions conspired to set the price of credit and debit card interchange fees. In January 2013 and February 2012 it paid $1.8 billion to settle claims that it and other financial institutions improperly carried out home foreclosures after the housing crisis. Not only did it pay large fines. Jamie Dimon, its unfailingly cheerful, beautifully coiffed CEO, took a pay cut which, including deferred compensation, reduced his daily salary from $63,013 to $31,506. Sadly, those events were not to be the end of its troubles. Indeed, as it turns out they were merely the tip of the iceberg.
In July 2013 it paid $410 million for alleged bidding manipulation of California and Midwest electricity markets. In September 2013 it paid $389 million for unfair billing practices, in September it paid $920 million for actions of the “London Whale” disaster, and in October 2013 another $100 million with respect to the same fiasco. Then came the really big news. On November 19, 2013 it was reported that JPMorgan Chase was going to pay $13 billion to settle what in non-legal terms would be described as a whole bunch of claims that had to do with the mortgage crisis of a few years back. Included in the $13 billion is $4 billion for consumer relief, $6 billion to pay to investors and the remaining $3 billion is a fine. December 13 it was announced that the bank was entering into a $2 billion deferred prosecution agreement with the government because of its role in the Bernie Madoff Ponzi scheme. According to the settlement the bank ignored signs that suggested Bernie Madoff was conducting a Ponzi scheme and cheating his investors.
The payment of almost $20 billion in fines would be enough to spoil the holidays for almost anyone. Happily for the bank, there was a silver lining to its financial cloud. Although $13 billion is a lot of money, Marianne Lake, the Chief Financial Officer of the bank explained that taxpayers will help the bank pay the fine. She explained that of the $13 billion, $7 billion is tax deductible. In addition to that bit of cheery news, no one has to plead guilty to anything bad in connection with the Madoff fine. Although the bank is agreeing to a deferred prosecution no one such as Jamie Dimon, is going to jail. There will, of course, be some public shame for the bank, kind of like being placed in the stocks in a public square. The court filing in which the settlement is finalized will list in detail all the criminal acts committed by the bank for which it will not be punished. There is not a criminal anywhere in the world who would not happily accept a public recital of the crimes committed instead of entering a formal plea of guilty with the attendant risk of going to jail. A bit of embarrassment beats a bit of time in jail every time. Just ask Jamie Dimon or other officers at JPMorgan Chase.
CHRISTOPHER BRAUCHLI is a lawyer in Boulder, Colorado. He can be e-mailed at brauchli.56@post.harvard.edu.
GCHQ, NSA Spied On Known Terrorist Haven… UNICEF
By Mike Masnick | Techdirt | December 20, 2013
The latest revelations from the Snowden documents, according to reports in both the NY Times and the Guardian is that the UK’s GCHQ, operating out of a site heavily funded by the NSA, targeted a variety of humanitarian and charitable groups, including the United Nations Children’s Fund, better known as UNICEF. Another target was Médecins du Monde, a well known medical relief group that delivers medicines and medical help to war-torn areas.
The reports also detail spying on various government officials, though, as I’ve said in the past, that kind of stuff isn’t particularly bothersome — as spying on leaders of other countries is typical and expected espionage activity, though it can certainly create some diplomatic awkwardness. Perhaps more interesting is that there’s much more evidence here of economic espionage activity. Among those “targeted” were Joaquin Almunia, the EU commission “competition” boss, who has been investigating anti-trust claims against American companies like Google and Microsoft. The NSA has insisted (and repeated in response to questions from reporters writing the two stories above) that it doesn’t engage in economic espionage — though GCHQ apparently doesn’t have any such restriction, suggesting that the NSA can just hand that kind of activity off to its UK friends, who it funds, and then reap the benefits.
Furthermore, the NSA seems to indicate in its response that while it may not engage in economic espionage in the form of spying on issues and handing that info directly to US companies, it does seem to open up the possibility of engaging in economic espionage to inform US policy makers — meaning it likely gets filtered back to those companies anyway:
“We do not use our foreign intelligence capabilities to steal the trade secrets of foreign companies on behalf of — or give intelligence we collect to — U.S. companies to enhance their international competitiveness or increase their bottom line,” said Vanee Vines, an N.S.A. spokeswoman.
But she added that some economic spying was justified by national security needs. “The intelligence community’s efforts to understand economic systems and policies, and monitor anomalous economic activities, are critical to providing policy makers with the information they need to make informed decisions that are in the best interest of our national security,” Ms. Vines said.
There is some validity in the idea that if there’s going to be some sort of earth-shattering revelation that could have a wider impact on the whole economy, that there’s some value in having intelligence services aware of what’s going on — but it’s a pretty slippery slope from there to simply intercepting direct information that might be helpful for a particular company, and providing them an advantage.
But, going beyond that, targeting groups like UNICEF seems like going way too far. It’s hard to see any legitimate justification for this, unless someone’s going to argue that terrorist groups were somehow co-opting UNICEF, which seems like a huge stretch. To argue that there’s any national security reason to spy on UNICEF seems laughable. It really seems like the NSA and GCHQ were targeting organizations like that because they can.
Brazil ditches Boeing jets, grants $4.5 bln contract to Saab
‘NSA ruined it!’
RT | December 18, 2013
Brazil has rejected a contract for Boeing’s F/A-18 fighter jets in favor of the Swedish Saab’s JAS 39 Gripens. The unexpected move to reject the US bid comes amid the global scandal over the NSA’s involvement in economic espionage activities.
The announcement for the purchase of 36 fighters was made Wednesday by Brazilian Defense Minister Celso Amorim and Air Force Commander Junti Saito. The jets will cost US$4.5 billion, well below the estimated market value of around US$7 billion.
Saito said the development of the fighters will occur in conjunction with Embraer and other unspecified companies.
The 12 Mirage aircraft currently in use by the Brazilian Air Force (FAB) will be retired at the end of this year. They were acquired by Brazil in 2005. As it waits for the new fighters, the FAB will use the F5 style, which will stay viable up to 2025.
During a visit in Brasilia last week, French President Francois Hollande was accompanied by an entourage that included the president of Dassault Group, stirring speculation that the French jet manufacturer had the edge over Saab and Boeing.
Competition over which company would win the right to supply Brazil with the fighter jets began in the late 1990s during Fernando Henrique Cardoso’s administration, continued during Luiz Inácio Lula da Silva’s time in office and into current President Rousseff’s term. A FAB report in 2010 indicated a preference in Saab, though then-President Lula leaned toward the cheaper Dassault jet, Rafale.
Boeing was considered to have the inside track to win the contract earlier this year, yet revelations of intrusive surveillance of global officials’ communications, including those of Brazilian President Dilma Rousseff, by the US government’s National Security Agency led to distrust of the American company.
“The NSA problem ruined it for the Americans,” a Brazilian government source told Reuters.
The Chicago-based Boeing’s bid was rejected because of Saab’s better performance and cost of its aircraft as well as “willingness to transfer technology,” defense minister Celso Amorim said, as cited by Bloomberg.
‘Economic espionage’ fallout
Brazil is currently probing reports released by former NSA contractor Edward Snowden that the spy agency monitored the personal communications of President Rousseff and hacked into government ministries to gather information. Among the institutions targeted by NSA espionage were state oil giant Petrobras and the Ministry of Mines and Energy, contradicting claims by Washington that it did not engage in “economic espionage.”
Rousseff lambasted US spying on her country during the UN General Assembly in September, calling it a “breach of international law.” She further warned that the NSA surveillance, revealed since June, threatened freedom of speech and democracy.
“Meddling in such a manner in the lives and affairs of other countries is a breach of international law and as such it is an affront to the principles that should otherwise govern relations among countries, especially among friendly nations,” Rousseff said.
Just before her address at the UN summit, Rousseff canceled a state visit to Washington, scheduled to take place in October, because of indignation over spying revelations. Rousseff has stated she wants an apology from US President Barack Obama.
Snowden has promised to aid Brazil in a probe into the NSA’s spying program in the country.
“A lot of Brazilian senators have asked me to collaborate with their investigations into suspected crimes against Brazilian citizens,” said Snowden, in an open letter published by Brazilian paper Folha de S.Paulo. Snowden hinted in the letter that he may ask Brazil for asylum.
“The American government will continue to limit my ability to speak out until a country grants me permanent political asylum,” wrote Snowden.
The whistleblower is currently under temporary asylum in Russia. Brazil plans to host a global summit on internet governance in April 2014.
Brazil resident Glenn Greenwald, the former Guardian journalist renowned for publishing Snowden’s leaks, criticized on Wednesday European Union governments’ muted response to the revelations about the NSA’s mass surveillance apparatus. He also contradicted Washington’s claim that no economic espionage is involved amid NSA spying.
“What a lot of this spying is about has nothing to do with terrorism and national security. That is the pretext. It is about diplomatic manipulation and economic advantage.”
Related article
Ecuador: Government Announces End of Cooperation with USAID
By Lucy Adler | The Argentina Independent | December 17, 2013

Ecuadorean president Rafael Correa (photo by Miguel Ángel Romero/Ecuadorean presidency)
The Ecuadorian government released a statement on Monday announcing that the country would no longer be collaborating with USAID, a US agency for International development.
The Ministry for International Development (SETECI) released a statement explaining the decision to cut ties with USAID. “The last bilateral cooperation programme between Ecuador and the US was signed in 2007 and the projects resulting from this collaboration are now finishing. Given that we have not negotiated a new a agreement, SETECI has informed USAID that they cannot carry out any new projects, nor extend the deadlines of projects currently underway.” The statement added that cooperation would remain suspended “until our governments negotiate and sign a new bilateral cooperation agreement”.
According to the SETECI, since 2007, USAID had invested a yearly average of US$32mn in initiatives in Ecuador, the majority of which were implemented by local and international NGOs.
The United States ambassador in Quito also released a statement on the matter, indicating that over the last two years the two countries had unsuccessfully tried to negotiate “an agreement which would allow USAID’s work in Ecuador to continue”. The statement went on to say that due to the “indefinite freeze on USAID activities” implemented by the Ecuadorian government, the organisation would have to cancel four projects which looked to protect the environment and strengthen civil society, and which were currently underway.
In June 2012, Ecuadorian President Rafael Correa had threatened to expel USAID from Ecuador after accusing the organisation of giving financial support to opposition groups and getting involved in the country’s internal politics. At the time he said that other countries in the region were also considering ending relations with USAID.
In May 2013, Bolivian President Evo Morales expelled USAID from Bolivia, stating that the agency was conspiring against his government.
