Tag: destruction
Why Trump's Delaying Tactics Will Lead To Further Self-Destruction

Why Trump's Delaying Tactics Will Lead To Further Self-Destruction

Alex Jones did it two years ago to avoid paying a $1.5 billion jury award for defaming the parents and relatives of the 2012 Sandy Hook massacre. Rudolph Giuliani did it just before Christmas to escape a $148 million jury award for defaming two Georgia election workers he falsely accused of vote tampering.

Now, there’s a good chance Donald Trump will do it, too, given that a judge on Friday ordered him to pay $454 million, including interest, for persistent business fraud, and the $88.3 million he already owed advice columnist E. Jean Carroll for defaming her and, after being found liable for defaming her, did it again.

It refers to seeking refuge from creditors in federal bankruptcy court. Ultimately, a bankruptcy filing is unlikely to save Trump from paying what he owes, according to Professor Gregory L. Germain, who teaches bankruptcy law at Syracuse University College of Law.

Germain, my law school colleague for many years, says what Trump can achieve is delays, but almost certainly not escaping paying, assuming he has the assets to fulfill the judgements against him.

Contrary to stories circulating widely on the internet, Trump has never filed bankruptcy, as I will explain below.

Delaying legal proceedings has always been Trump’s first strategy, taught to him more than a half century ago by the notorious Roy Cohn, a corrupt lawyer and political fixer.

Trump’s second strategy, also taught by Cohn, is to attack anyone who comes after you: federal prosecutors, housing or gambling regulators, journalists or political opponents are all corrupt and illegitimate, Cohn taught Trump to shout.

Trump’s third strategy — never admit even the slightest wrong or mistake no matter how powerful the evidence against you.

The immediate problem facing Trump isn’t the order by Justice Arthur Engoron removing Trump from running the Trump Organization for at least three years while putting in place an independent compliance director. It’s not the ill-gotten gains that the judge says trump must disgorge, $454 billion including interest so far.

The immediate problem is that three weeks from today is the deadline for Trump to appeal the $83.8 million award to E. Jean Carroll.

In a previous DCReport piece, I questioned whether Trump has the capacity to either deposit that much money with the court or to put up about $17 million to obtain a bond that will cover the entire amount should Trump prove unable to do so.

Trump’s first problem is how much cash he actually has. The second, should he seek a bond, is whether any financial institution would be foolish enough to guarantee the full $83.3 million in return for about a fifth of that amount upfront, and a promise by Trump that he will pay if his appeal fails.

Trump has little chance of prevailing on appeal, though he might get modest modifications of the three damage awards. Delaying payment will likely make him even worse off, assuming he actually is worth as much as he claims, a figure that changes from day to hour to minute.

Professor Germain notes that Trump could put his company, the Trump Organization, into bankruptcy, but that would not help him because he is personally liable as the sole owner for the judgments in all three cases.

“It wouldn’t do him any good to get his corporations discharged from bankruptcy because the debts are against Trump personally,” German said.

In bankruptcy proceedings, the responsibility of the trustee and the bankruptcy judge supervising the case is to extract maximum value from the businesses, bank accounts and other assets, known as the estate. The creditors, at the moment Carroll and the state of New York, would have to agree to any combination of asset sales and other actions to satisfy the debts, or press to liquidate the Trump organization.

But there are more civil cases pending against Trump, including those brought by Capitol Police officers who were injured when Trump sent a mob to the Capitol on January 6, 2021.

In 1990 his lawyers engineered a private equivalent of bankruptcy made possible because New Jersey casino regulators — in violation of their legal duty — took Trump’s side against bankers he owed $3 billion. At the time, Trump boasted that he was worth billions, but the public record showed he was underwater to the tune of almost $300 million. As I wrote in my 1992 casino expose´ Temples of Chance, in 1990 you were probably worth more than Donald Trump.

Later, his publicly traded casino company filed bankruptcy four times while Trump was its president, as he collected at least $83 million in compensation and benefits.

After Trump was, in effect, paid to go away, the casino company went bankrupt two more times before going out of business.

How a Trump personal bankruptcy would fare now can be gleaned from the Alex Jones and Rudy Giuliani filings.

Jones, who grew rich formulating conspiracy theories on his Info Wars internet program, repeatedly charged that the 2012 elementary school massacre was a hoax, and the grieving parents and other relatives were paid actors. The survivors filed a defamation case. A decade later a jury awarded the survivors $1.5 billion. Jones quickly sought refuge in federal bankruptcy court. So far Jones has paid nothing.

In October, a Texas judge ruled that Jones cannot use bankruptcy to avoid paying a $1.5 billion award for defaming the parents and relatives of the Sandy Hook massacre murders. Jones has yet to pay anything.

Similarly, Giuliani repeatedly insisted that two Georgia election workers, a mother and daughter, passed around a USB stick with fake election results despite clear evidence that this was untrue. After a jury awarded $148 million to the victims, who were harassed in their homes and repeatedly threatened with death, Giuliani walked onto the sidewalk outside the courthouse and declared he had spoken the truth about the two women and had done nothing wrong. One of his lawyers says that the once wealthy mayor of New York City is close to broke.

Giuliani is also under criminal indictment in Georgia over the same efforts by Trump and his confederates to steal the 2020 Georgia election.

Reprinted with permission from DC Report.

Removal Of Syrian Chemical Weapons Almost 90 Percent Complete, Monitor Says

Removal Of Syrian Chemical Weapons Almost 90 Percent Complete, Monitor Says

By Patrick J. McDonnell, Los Angeles Times

BEIRUT — The Syrian government has shipped out almost 90 percent of its chemical weapons material, raising hopes that the war-ravaged nation can meet a Sunday deadline to comply with a disarmament accord, an international regulator said Tuesday.

The latest shipment on Tuesday to the Mediterranean port of Latakia means that 86.5 percent of the weapons material has been removed, according to a statement from the Organization for the Prohibition of Chemical Weapons, which is overseeing destruction of Syria’s toxic chemical stockpile.

That amount includes 88.7 percent of the 700 metric tons of the most toxic, “priority 1” chemicals, among them mustard gas and precursor materials for the nerve agents sarin and VX.

“This latest consignment is encouraging,” Ahmet Uzumcu, director-general of the OPCW, said in a statement. “We hope that the remaining two or three consignments are delivered quickly.”

Upon arrival in Latakia, the chemicals are placed on cargo ships for removal, said Michael Luhan, an OPCW spokesman.

In a deal approved by the United Nations, Syrian President Bashar Assad agreed last year to surrender his nation’s decades-old chemical weapons arsenal to avert U.S. airstrikes, which had been threatened in response to poison gas attacks outside Damascus.

Washington and its allies blamed Assad’s forces for the Aug. 21, 2013, chemical strikes. Assad and Russia alleged that U.S.-backed rebels mounted the lethal assault in a covert bid to frame Damascus and spur U.S. strikes.

A U.N. investigation confirmed mass casualties from sarin gas but did not assign blame.

After Syria missed two earlier deadlines to turn over its toxic stockpiles, Washington accused Damascus of stalling.

Syria blamed the delay in part on rebel attacks targeting chemical convoys. Rebel rocket strikes on Latakia were meant to disrupt the process, the Syrian government charged.

Under a revised plan, Syria has promised to remove all of its chemical weapons material by April 27. In the last two weeks, Syria has shipped out six batches, “marking a significant acceleration in the pace of deliveries,” the OPCW said. Russia provided armored vehicles and other equipment to assist the chemical convoys, which sometimes traversed roads near contested zones where rebels were present.

The U.N. set June 30 as a deadline for destruction of the chemicals. But getting the toxic materials out of Syria amid a raging civil war has been a considerable obstacle.

“We continue to say that if the Syrians meet their deadline of April 27, that keeps us within striking distance of completing the destruction of the chemicals by mid-year,” Luhan, spokesman for the Hague-based OPCW, said in a telephone interview.

Various nations are participating in the complex effort to ship the chemical materials from Latakia for disposal outside of Syria. The most hazardous agents are to be neutralized at sea aboard a specially equipped U.S. ship, the MV Cape Ray.

Photo via AFP

The SEC’s Policy Of Destroying Records — And Letting Wall Street Get Away With Crimes

Ever wonder why exactly Wall Street seems to constantly avoid punishment for egregious violations and misdeeds? A new, explosive article in Rolling Stone tells how the Securities and Exchange Commission has been destroying records that could have led to further investigations of companies. The federal agency has been grossly neglecting its responsibility to monitor the financial sector by not maintaining older records of violations. As author Matt Taibbi puts it:

For the past two decades, according to a whistle-blower at the SEC who recently came forward to Congress, the agency has been systematically destroying records of its preliminary investigations once they are closed. By whitewashing the files of some of the nation’s worst financial criminals, the SEC has kept an entire generation of federal investigators in the dark about past inquiries into insider trading, fraud and market manipulation against companies like Goldman Sachs, Deutsche Bank and AIG. With a few strokes of the keyboard, the evidence gathered during thousands of investigations — “18,000 … including Madoff,” as one high-ranking SEC official put it during a panicked meeting about the destruction — has apparently disappeared forever into the wormhole of history.

All files are supposed to be maintained for at least 25 years, under a deal between the SEC and the National Archives and Records Administration. But that didn’t stop the SEC from directing staffers to destroy documents from preliminary inquiries, or “Matters Under Inquiry,” that did not receive approval from senior staff to become a formal investigation. The ramifications of this policy, as Taibbi notes, are serious: “Destroy the MUIs, and Wall Street banks can commit the exact same crime over and over, without anyone ever knowing.” He speculates that had the SEC been maintaining their records, they could have regulated Wall Street more effectively and consistently, possibly avoiding the 2008 economic collapse.

Last month, an SEC attorney named Darcy Flynn brought the issue to Congress’ attention, saying the SEC had been destroying records of preliminary investigations since at least 1993 and that more than 9,000 case files were destroyed in that time.

The enforcement division of the SEC even spelled out the procedure in writing, on the commission’s internal website. “After you have closed a MUI that has not become an investigation,” the site advised staffers, “you should dispose of any documents obtained in connection with the MUI.”

Many of the destroyed files involved companies and individuals who would later play prominent roles in the economic meltdown of 2008. Two MUIs involving con artist Bernie Madoff vanished. So did a 2002 inquiry into financial fraud at Lehman Brothers, as well as a 2005 case of insider trading at the same soon-to-be-bankrupt bank. A 2009 preliminary investigation of insider trading by Goldman Sachs was deleted, along with records for at least three cases involving the infamous hedge fund SAC Capital.

The destruction of records by the SEC, as outlined by Flynn, is something far more than an administrative accident or bureaucratic fuck-up. It’s a symptom of the agency’s terminal brain damage. Somewhere along the line, those at the SEC responsible for policing America’s banks fell and hit their head on a big pile of Wall Street’s money – a blow from which the agency has never recovered.

Many within the federal agency have close relationships with the Wall Street companies they are supposed to monitor — leading to policies such as allowing companies to investigate themselves in some instances. Many members of the SEC’s senior management work for Wall Street as soon as they leave the agency, commonly representing the companies in later investigations. Given this “revolving door” between the SEC and Wall Street, it is understandable that many of the MUIs are not approved by senior management to become full investigations. This conflict of interest at the upper levels makes the destruction of important MUIs even worse.

For a fledgling MUI to become a formal investigation, it has to make the treacherous leap from the lower rungs of career-level staffers like Flynn all the way up to the revolving-door level at the top, where senior management is composed largely of high-priced appointees from the private sector who have strong social and professional ties to the very banks they are charged with regulating. And if senior management didn’t approve an investigation, the documents often wound up being destroyed — as Flynn would later discover.

In response to the whistleblower’s revelations, the SEC’s inspector general plans to investigate and issue a report, but the agency is still trying to avoid punishment by claiming the documents related to MUIs don’t meet the “federal definition of a record.”

Meanwhile, Sen. Charles Grassley, who is quoted in the article, has sent a letter to SEC Chair Mary Schapiro, writing, “If [the whistleblower’s] allegations are correct, the intentional destruction of at least 9,000 MUIs would appear to greatly handicap the SEC’s ability to create patterns in complex cases and calls into question the SEC’s ability to properly retain and catalog documents.”

Of course, Sen. Grassley’s letter and corresponding press release received more media coverage than Taibbi’s piece. But his entire exposé — with its numerous dark revelations — is, as usual, well worth the look.

Libyan Man Files Lawsuit Against NATO For 13 Civilian Deaths

Civilian deaths are a far-too-common occurrence in wars, but the victims’ families rarely receive justice. Khalid el Hamidi, a retired Libyan general and member of the government’s Revolutionary Council, has filed a civil lawsuit against NATO for killing 13 civilians. Two NATO bombs destroyed his home in Surman on June 20 at 2:30 a.m., resulting in the deaths of Hamidi’s relatives, three children, and household help. As AP reports :

At the time, NATO acknowledged it had targeted the compound but described it as a “command and control” center. [Hamidi’s lawyer] Ceccaldi said it was a residence in a quiet civilian neighborhood and was therefore not a legitimate target under the Geneva Convention on the rules of war.

Ceccaldi also urged the International Criminal Court to take the Hamidi case, which he called an “evident war crime.” He said the court should consider NATO’s commanders as liable for the actions of their subordinates, such as air force bombers.

Hamidi filed the lawsuit in Belgium because, although NATO and other international organizations have diplomatic immunity in criminal cases, the Brussels-based group can still be tried in Belgian civil suits. Hamidi’s lawyers have requested that the Brussels District Court send two experts to Libya “to assess physical and psychological damage from the attack” and determine estimated monetary compensation.

While it is relatively unlikely that Hamidi will successfully hold NATO accountable, it is impossible that any amount of money could match the immeasurable grief and devastation caused by the bombs. Hamidi lost his home and his family, and his country continues to be torn apart by war. Given the millions of dollars the United States pours every year into new military technologies, the “accidental” bombing of civilian residences is hard to bear.