sabato 15 giugno 2013

KPMG failed to follow GAAS in auditing the World Bank

From: karenhudes@hotmail.com
To: concerned friend
Subject: RE: Updates
Date: Sat, 15 Jun 2013 07:01:45 -0400

Dear Friend,

I did manage to hire counsel to represent me. Mark Goldstone represented me in Court on June 13, 2013. Eric Holder's District Attorney for the District of Columbia refused to withdraw DoJ's erroneous statement that I entered the property "against the will of the World Bank, the lawful occupant thereof." 

Instead, Eric Holder's DoJ persists in prosecuting a lawyer who was fired for reporting corruption to US Congress in an issuer whose $180 billion in bonds are out of compliance on the world's (and states') bond markets and whose accountant, KPMG, failed to follow Generally Accepted Auditing Standards in auditing the World Bank's financial statements. Eric Holder is prosecuting a whistleblower in an issuer which has been refusing since 2008 to cooperate with a Government Accountability Office inquiry into corruption requested by Senators Lugar, Leahy, and Bayh. http://citizenoversight.com/pdf/blwb.pdf . In March 2009 GAO stated that it could not commence the inquiry "because of challenges we recently faced in gaining access to World Bank officials." (see p. 24)http://www.foreign.senate.gov/imo/media/doc/55285.pdf In 2010 Senator Lugar reminded the World Bank again that its cooperation in allowing this inquiry into corruption to be carried out was necessary for the capital increase.http://www.foreign.senate.gov/hearings/banking-on-reform-capital-increase-proposals-from-the-multilateral-development-banks.

Eric Holder is prosecuting a whistleblower who testified in the UK and European Parliaments that the Securities and Exchange Commission stonewalled an inquiry by the UK's Serious Fraud Office into this corruption.http://www.publications.parliament.uk/pa/cm201213/cmselect/cmintdev/writev/402/contents.htm 
http://www.publications.parliament.uk/pa/cm201213/cmselect/cmpubadm/writev/publicpolicy/m03.htm
http://www.europarl.europa.eu/document/activities/cont/201105/20110518ATT19540/20110518ATT19540EN.pdf

Eric Holder is retaliating against a whistleblower for whom the US Congress has mandated "results that eliminate the effect of retaliation" and who was reinstated by 188 countries in order to qualify for the US contribution to the World Bank capital increase under § 7082 of the Consolidated Appropriations Act, 2012 (Pub. L. 112-74).http://www.whistleblower.org/storage/documents/whistleblowerlanguageinHR2055.pdf 

Eric Holder is prosecuting a whistleblower whose Governor (Martin O'Malley) requested Maryland's Congressional Delegation to address the problem and whose Senator (Barbara Mikulski) "shares [my] concern about this situation."https://docs.google.com/file/d/0Bzss7Q0pShvzM0t5Zk9WQVNVR28/edit?usp=sharing

Eric Holder is prosecuting a whistleblower who disclosed illegality and corruption and for whom US taxpayers expect the effects of retaliation to be eliminatedhttp://www.ntu.org/governmentbytes/government-reform/whistleblower-protections-a1220.html
http://www.change.org/petitions/tell-treasury-protect-whistleblowers-at-u-s-taxpayer-funded-international-banks

Eric Holder is retaliating against a whistleblower who warned the Judicial Conference of the US, headed by the Chief Justice of the US Supreme Court that: "A stakeholder analysis derived from accurate game theory modeling shows a clear fork in the road for the United States: rule of law and the transatlantic alliance or corruption and the ascendency of China." http://kahudes.net/wp-content/uploads/2013/01/ljudicialconference1.pdf Eric Holder is retaliating against a whistleblower who reported a cover-up of world corruption by the mainstream media. 

The jurisdiction of the District of Columbia Superior Court, Criminal Division, to second guess the decision of 188 Ministers of Finance to reinstate me was referred to a Senior Judge of the Superior Court for a hearing on June 17, 2013 in Courtroom 314. 

Best,
Karen

ICIJ Releases Offshore Leaks Database Revealing Names



ICIJ Releases Offshore Leaks Database Revealing Names Behind Secret Companies, Trusts



Offshore Leaks database
Photo: Shutterstock.


Readers can search information about the ownership of more than 100,000 offshore entities in tax havens and discover the networks around them.
When Bernard Madoff built his $65 billion house of cards; when food distributors passed off horsemeat as beef lasagna in Europe; and when Apple, Google and other American companies set up structures to channel their profits through Ireland — they all used tax havens.
They bought secrecy, minimal or zero taxes and legal insulation, the distinctive products that tax havens market and that allow companies to operate in a fiscal and regulatory vacuum. Using the offshore economy is akin to acquiring your own island where the rules that most citizens follow don’t apply.
The International Consortium of Investigative Journalistspublishes today a database that, for the first time in history, will help begin to strip away this secrecy across 10 offshore jurisdictions.
The Offshore Leaks Database allows users to search through more than 100,000 secret companies, trusts and funds created in offshore locales such as the British Virgin Islands, Cayman Islands, Cook Islands and Singapore. The Offshore Leaks web app, developed by La Nación newspaper in Costa Rica for ICIJ, displays graphic visualizations of offshore entities and the networks around them, including, when possible, the company’s true owners.
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Attacking Apathy

The data are part of a cache of 2.5 million leaked offshore files ICIJ analyzed with 112 journalists in 58 countries. Since April, stories based on the data — the largest stockpile of inside information about the offshore system ever obtained by a media organization — have been published by more than 40 media organizations worldwide, including The Guardian in the U.K., Le Monde in France, Süddeutsche Zeitung and Norddeutscher Rundfunk in Germany,The Washington Post and the Canadian Broadcasting Corporation (CBC).
ICIJ’s investigation — called Offshore Leaks by the Twittersphere and the public —has shaken the political and economic establishments from South Korea to Canada, sparking investigations, resignations and a renewed sense of urgency among world leaders that this is the time to rein in offshore abuses .
EU Commissioner Algirdas Semeta said the ICIJ’s investigationhas transformed tax politics and amplified political will to tackle the problem of tax evasion – knocking down what theEUobserver called “a wall of apathy” in Europe that had thwarted previous attempts to attack offshore secrecy.
“I personally think Offshore Leaks could be identified as the most significant trigger behind these developments  ...  It has created visibility of the issue and it has triggered political recognition of the amplitude of the problem,” he told EU Observer
Semeta said the need for tax transparency overrides the principle of data privacy.
During a visit to the White House in May, British Prime Minister David Cameron made a strong pitch for tackling what he called “the scourge of tax evasion,” one of the central themes of next week’s “G8” meeting, in Northern Ireland, of leaders of eight of the world’s wealthiest countries. “We need to know who really owns a company, who profits from it, whether taxes are paid,” said Cameron, who is under pressure from the international community to address the role of Britain’s crown dependencies and territories in the offshore economy.
Anti-corruption advocates are pushing Cameron to persuade the other G8 leaders to support proposals that would require owners of shell companies to register their holdings in public registries.
ICIJ’s Offshore Leaks Database reveals the names behind more than 100,000 secret companies and trusts created by two offshore services firms: Singapore-based Portcullis TrustNet and BVI-based Commonwealth Trust Limited (CTL). TrustNet and CTL’s clients are spread over more than 170 countries and territories.
The Offshore Leaks web app allows readers to explore the relationships between clients, offshore entities and the lawyers, accountants, banks and other intermediaries who help keep these arrangements secret.
While the database opens up a world that has never been revealed on such a massive scale, the ICIJ Offshore Leaks Database is not a “data dump” – it is a careful release of basic corporate information. ICIJ won’t release personal data en masse; the Offshore Leaks Database doesn’t include records of bank accounts and financial transactions, emails and other correspondence, passports and telephone numbers. The selected and limited information is being published in the public interest.

Pressure for Change

ICIJ’s reporting to date has revealed the offshore dealings of politicians, oligarchs, rogue nations and even religious leaders. While many of the arrangements are perfectly legal, extensive reporting by ICIJ and others show that the anonymity granted by the offshore economy facilitates money laundering, tax evasion, fraud and other crimes.
Even when it’s legal, transparency advocates argue that the use of an alternative, parallel economy undermines democracy because it benefits a few at the expense of the majority.
After 17 months of reporting, ICIJ reporters and partners are still digging into this massive trove of financial information. The Offshore Leaks Database gives ICIJ an opportunity to reach journalists and regular citizens in every corner of the world, particularly in countries most affected by corruption and backroom deals. ICIJ believes many of the best stories may come from its readers when they explore the database.
As it fields tips from the public, ICIJ will continue to work on in-depth, cross-border investigations with its network of reporters and media partners. At the same time, ICIJ will continue to reject demands from governments that it turn over all of the files in its offshore trove. ICIJ is an independent network of investigative reporters — not an arm of government.
Some of the same governments that at one time requested ICIJ and its partners to hand over the full cache of files laterannounced that they have been working on a gigantic leak of offshore documents similar to those obtained by ICIJ. U.S., U.K. and Australian tax authorities said they will share the data with other governments.
The release of the Offshore Leaks Database happens at a time of economic turmoil. Many countries are still fighting the effects of the 2008 financial crisis, putting leaders around the world under unprecedented domestic and international pressure to make sure tax revenue is not lost to offshore havens.
Within days of ICIJ’s April release of dozens of stories based on the secret offshore files, French president Francois Hollande called for the “eradication” of tax havens. Europe’s largest economic powers – the U.K., France, Spain, Italy and Germany – announced that they will start exchanging bank information.
The surprise was even bigger when tiny Luxembourg, long known as one of the world’s most secretive tax havens, said it will share information with tax authorities about European and U.S. citizens with bank accounts in the country.  Another “onshore” European tax haven, Austria, saw the country’s most powerful banker, Herbert Stepic, resign in May in the wake of an Offshore Leaks story that revealed he used companies in Hong Kong and the British Virgin Islands to conduct property deals he did not report to his employer, Raiffeisen Bank International AG.
Meanwhile, U.K. Prime Minister Cameron is trying to clean up his own backyard: the 10 crown dependencies and overseas territories that serve as tax havens. He has summoned their top ministers to London this weekend to try to convince them to share tax information widely with governments around the world. In a letter to the territories, Cameron told them that the time has come to “knock down the walls of company secrecy."
Semeta, the EU tax commissioner, said the change in EU politics – after years of stalling – is due to “a perfect storm” of events, including ICIJ’s Offshore Leaks.
Secrecy is no longer acceptable. We need to get rid of it,” Pascal Saint-Amans, tax policy director for the Organization of Economic Cooperation and Development, told The Toronto Star. “If the rules make it possible, then we'll change the rules.”

Banks have no interest in systems which prevent fraud


Hundreds of millions from legal aid budget helps banks defend fraud cases

You can’t consolidate a superclass of the ultra rich if the poor stand a chance of defending themselves against injustices. “Justice” has always been the preserve of the rich and powerful.
The poorest and most vulnerable people in society are being hit by cuts to the legal system while the government bankrolls the wealthiest, a senior QC said today.
The taxpayer is forced to foot a bill mounting up to hundreds of millions to deal with bank fraud cases each year while the Ministry of Justice is pushing through a £220 million annual cut to the criminal legal aid bill, said Michael Turner QC, chairman of the Criminal Bar Association.
Barristers and solicitors have joined forces in recent months to protest vehemently against the proposed cuts, which they describe as a “devastating” attack on the justice system.
The Ministry of Justice recently closed its consultation period on proposals that will see defendants deprived of the right to choose their lawyer, criminal legal aid contracts awarded through price competitive tendering and the number of firms reduced from 1,400 to 400. The reforms, the legal profession has said, will hit society’s most vulnerable, deprived and socially excluded, creating a system more focused on profit than quality.
Speaking before MPs on the justice select committee today, Mr Turner said there were better ways of making savings to the legal budget, one of them being to ensure that banks were obliged to insure themselves against fraud and the cost of prosecutions.
Speaking to The Independent, he said: “About 45 per cent of the criminal legal aid budget of £1.1 billion is spent on these fraud cases.”
“The state pays for the investigation by the police and the state prosecutes at the expense of the tax payer,” said Mr Turner, pointing out that the higher burden of proof required in a criminal court then made it simpler for a bank to prove a civil case.
“If they never recover that money, the banks are entitled to write off the fraud loss against tax.
“That is why banks have absolutely no interest in putting in systems which prevent fraud taking place. They should have to carry insurance to protect the public from paying out if they get defrauded,” he added.
MoJ figures acknowledged that 90 per cent of the criminal legal aid spend goes on one per cent of “high value” cases, Mr Turner said. These include terrorist, money laundering and fraud trials, including those affecting banks.
The legal aid budget not only covers the prosecution but also the defence in cases where the defendant’s assets are frozen. Breaking down the figures, he estimated that just under half of the criminal legal aid bill went on banking fraud. This did not include, he added, tax payers’ money spent on the investigation or writing off the loss against tax.
“The poorest in society cannot afford half a million for lobby groups which can grease the palms of those in power but of course the banking industry can. That is a scandal.
“The private sector is creaming off public funds that should be there for the benefit of the citizen, for the most vulnerable,” he said.
Last night banking sector sources said the industry already provided for dedicated police counter fraud units and worked closely with government on dealing with the issue.
One insider added: “Not all fraud is banking fraud. You would have to have compulsory insurance schemes for other sectors of industry. Are you going to privatise prosecutions for industry by setting up a compulsory insurance scheme?”
The MoJ denied that bank fraud cases ate up almost half the budget, insisting that the cost to the criminal legal aid bill was “considerably less”.
A spokesman added: “At £2 billion a year we have one of the most expensive legal aid systems in the world and must ensure we get bet value for every penny of taxpayers’ money spent. We have just finished consulting on a number of proposals to reform legal aid and are now carefully examining all the responses, including alternative proposals for making savings.
“Quality, professional lawyers would still be available to anyone needing advice or charged with a crime just as they are now.”
Mr Turner told the justice committee yesterday that great savings could also be made by improving a legal system that often sees court cases postponed due to inefficiencies such as prisoners not being delivered or interpreters not arriving.
He continued: “The real sadness for us all is that we are not being listened to. There are huge savings that could be made but (Justice secretary Chris) Mr Grayling won’t even see me.”

venerdì 14 giugno 2013

QE for Students: Economic Breakthrough?


Elizabeth Warren’s QE for Students: Populist Demagoguery or Economic Breakthrough?







Posted on Jun 14, 2013
qwrrty (CC BY 2.0)
Elizabeth Warren speaks at a campaign rally in Auburn, Mass.
By Ellen Brown, Web of Debt

This piece first appeared at Web of Debt.
On July 1, interest rates will double for millions of students – from 3.4% to 6.8% – unless Congress acts; and the legislative fixes on the table are largely just compromises. Only one proposal promises real relief – Sen. Elizabeth Warren’s “Bank on Students Loan Fairness Act.” This bill has been dismissed out of hand as “shameless populist demagoguery” and “a cheap political gimmick,” but is it? Or could Warren’s outside-the-box bill represent the sort of game-changing thinking sorely needed to turn the economy around?
Warren and her co-sponsor John Tierney propose that students be allowed to borrow directly from the government at the same rate that banks get from the Federal Reserve—0.75 percent. They argue:
Some people say that we can’t afford low interest rates for students. But the federal government offers far lower rates on loans every single day — they just don’t do it for everyone. Right now, a bank can get a loan through the Federal Reserve discount window at a rate of less than one percent. The same big banks that destroyed millions of jobs and broke our economy can borrow at about 0.75 percent, while our students will be paying nine times as much as of July 1.
This is not fair. And it’s not necessary, either. The federal government makes 36 cents on every dollar it lends to students. Just last week, the Congressional Budget Office announced that the government will make $51 billion on the student loans it issued this year — more than the annual profit of any Fortune 500 company, and about five times Google’s yearly earnings. We should not be profiting from students who are drowning in debt while we are giving great deals to big banks.
The archly critical Brookings Institute says the bill “confuses market interest rates on long-term loans (such as the 10-year Treasury rate) with the Federal Reserve’s Discount Window (used to make short-term loans to banks), and does not reflect the administrative costs and default risk that increase the costs of the federal student loan program.”
Those criticisms would be valid if the provider of funds were either a private bank or the American taxpayer; but in this case, it is the U.S. Federal Reserve.  Warren and Tierney assert, “For one year, the Federal Reserve would make funds available to the Department of Education to make these loans to our students.” For the Fed, completely different banking rules apply. As “lender of last resort,” it can expand its balance sheet by buying all the assets it likes. The Fed bought over $1 trillion in “toxic” mortgage-backed securities in QE 1, and reportedly turned a profit on them.  It could just as easily buy $1 trillion in student debt and refinance it at 0.75%.
Which Is a Better Investment, Banks or Students?
Students are considered risky investments because they don’t own valuable assets against which the debt can be collected. But this argument overlooks the fact that these young trainees are assets themselves. They represent an investment in “human capital” that can pay for itself many times over, if properly supported and developed.  This was demonstrated in the 1940s with the G.I. Bill, which provided free technical training and educational support for nearly 16 million returning servicemen, along with government-subsidized loans and unemployment benefits. The outlay not only paid for itself but returned a substantial profit to the government and significant stimulus to the economy. It made higher education accessible to all and created a nation of homeowners, new technology, new products, and new companies, with the Veterans Administration guaranteeing an estimated 53,000 business loans. Economists have determined that for every 1944 dollar invested, the country received approximately $7 in return, through increased economic productivity, consumer spending, and tax revenues.
Similarly in the 1930s and 1940s, the Reconstruction Finance Corporation funded the New Deal and World War II and wound up turning a profit, without drawing on taxpayer funds. It’s an initial capitalization was only $500 million; yet the RFC eventually lent out $50 billion – the equivalent of about $500 billion today. It raised money by issuing debentures, a form of bond. It got all of this money back, made a profit for the government, and left a legacy of roads, bridges, dams, post offices, universities, electrical power, mortgages, farms, and much more that the country did not have before.
In 1944, President Franklin Roosevelt proposed an Economic Bill of Rights, in which higher education would be provided by the government for free; and in the progressive 1960s, tuition actually was free or nearly free at state universities. Some countries provide nearly-free higher education today. In Norway, Denmark, France and Sweden, the cost of college is less than 3% of median income, as compared to 51% in the U.S.
Other countries make loans available to their students interest-free. For more than twenty years, the Australian government has successfully funded students by giving out what are in effect interest-free loans. They are “contingent loans,” which are repaid only if and when the borrower’s income reaches a certain level.  New Zealand also offers 0 percent interest loans to New Zealand students, with repayment to be made from their incomes after they graduate.

Banks Are Good Credit Risks Only Because They Are Backed by the Government
In a National Review article titled “Warren’s Student-loan Demagoguery,” Ian Tuttle argues that the discount window should not be available to students because the Fed defines that resource as “an instrument of monetary policy that allows eligible institutions to borrow money, usually on a short-term basis, to meet temporary shortages of liquidity caused by internal or external disruptions,” and because the discount window is “an emergency measure used to prevent runs on banks.”
It may be true that the Fed’s discount window is open only to banks, but the Federal Reserve Pact was passed by Congress and can be modified by Congress. The reasoning behind the policy needs to be re-examined.
The question is, why do banks routinely have “shortages of liquidity”?  What does that mean?  It means they have lent out depositor funds that don’t properly belong to them, gambling that they will be able to replace the money before the depositors demand it back. The banks have a binding commitment to return customer money “on demand.” They can make good on that commitment because, and only because, the Fed and the FDIC back them up in a massive shell game, in which they borrow from each other or the Fed overnight – just long enough to make their books appear to balance – and then give the money back the next day. Banks are good credit risks only because they have the backstop of the Fed and the government behind them. Without those guarantees, we would be back to the cycle of endless bank runs of the 19th and early 20th centuries.

“Our students are just as important to our recovery,” says Warren, “as our banks.” What if students, too, were backed by the government’s guarantee? What if, as in Australia and New Zealand, students were not required to repay the investment in human capital represented by their educations until the economy provided them with jobs? What if the government made it a policy to provide them with jobs? This too has been done before, quite successfully. It was part of Roosevelt’s New Deal. As detailed by Prof. Randall Wray, citing N. Taylor’s The Enduring Legacy of the WPA:

The New Deal jobs programs employed 13 million people; the WPA was the biggest program, employing 8.5 million, lasting 8 years and spending about $10.5 billion. It took a broken country and in many important respects helped to not only revive it, but to bring it into the 20th century. The WPA built 650,000 miles of roads, 78,000 bridges, 125,000 civilian and military buildings, 700 miles of airport runways; it fed 900 million hot lunches to kids, operated 1500 nursery schools, gave concerts before audiences of 150 million, and created 475,000 works of art. It transformed and modernized America.
In the 1930s, the government was in a worse financial position to achieve all this than it is now; but the commitment and the will were there, and the means were found. In World War II, the means were found again. The government always seems to be able to find the means to fund a war. We can just as easily find the means to fund our economic recovery. And if the funding comes from the Federal Reserve, the government need not be propelled into a mounting debt owed at mounting interest. The funds can be provided interest-free; and because they represent an investment in productive capital, the debt itself can be repaid with the fruits of the investment – the jobs that create the salaries that generate taxes and consumer demand.
The default rate on student loans is close to 10% today because there are no jobs available to repay the loans, and because the interest rate is so high that the debt is doubled or tripled over the life of the loan. Give students loans and jobs, and the default problem will cure itself.
Investing in our young people has worked before and can work again; and if Congress orders the Fed to fund this investment in our collective futures by “quantitative easing,” it need cost the taxpayers nothing at all. The Japanese have finally seen the light and are using their QE tool as economic stimulus rather than just to keep their banks afloat. We need to do the same.


Ellen Brown is an attorney, chairman of the Public Banking Institute and author of twelve books, including Web of Debt and the just-released sequel, The Public Bank Solution. Her websites are webofdebt.com and publicbanksolution.com.