A few days ago, I highlighted a report in the NYTimes that a USAtty in NJ had given a no-bid contract to former AG John Ashcroft to monitor a corporation accused of paying kickbacks and committing fraud. Turns out it wasn’t just John Ashcroft getting the cozy no-bid goodies. Via the WaPo:
The number of corporate monitors has risen more than sevenfold since 2001, researchers said, a move that reflects a shift from lodging criminal indictments against businesses for fear they will collapse and cost employees their jobs. Instead, the government has taken a different path: forcing companies to submit to outside oversight at their own expense as a condition of settling fraud and corruption cases. Major companies from AOL and Bristol-Myers Squibb to Merrill Lynch have yielded to such oversight after recent financial scandals.
The arrangements all but give prosecutors a seat in the corporate boardroom. The arrangements are spelled out in contracts and vary depending on the company and its problems. Generally, though, monitors enjoy wide latitude to interview employees, sift through business contracts, uncover legal violations and mandate that companies change their ways. In recent years the overseers have made recommendations to hire and fire workers, enlisted high-priced accountants and consultants to review corporate operations, and blown the whistle to prosecutors if the company fails to respond to their concerns. The monitors typically send private reports to update prosecutors several times a year — and send their bills to the companies.
Fees for most of the cases that involve monitors are not publicly available, but people involved in the arrangements say they can surpass tens of millions of dollars over two or three years. The fees rarely involve court approval and, according to defense lawyers, are hardly questioned by companies because they fear reprisal. Current and former executives at two businesses that were monitored under Justice Department agreements years ago declined comment last week, citing the sensitivity of the issue.
Cozy, isn’t it? There may be absolutely nothing about this but putting a known, qualified person in a position to oversee a difficult situation and protect the public interest. But, with the Bush DOJ’s penchant for secrecy, backroom dealing, politicization and rampant cronyism and no-bid handouts? Without oversight how in the hell are we supposed to know?




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ZED… now to finish post
zedless in MN
Wtf is the matter? I trust them completely. Let eagles fly…
Sounds like the cure may be worse than the disease.
So in essence, the grease they are applying to the wheel is to allow the cart to get far enough for them to cash out.
sounds familiar. prop up the economy now that the rubes are noticing it has collapsed.
Christy says This Little Light of Mine, I’m gonna let it shine
Hi Christy1 Another very important post showing who you know is alive and well in the Bush Administration. Another crime to add to the list… With this sort of thing happening it is of no surprise that we are sliding into a recession/depression!
OT FWIW New AP/IPsos polls (Yeah I know they mean nothing)
http://tpmelectioncentral.com/
Hillary 40 (-5) Obama 33 (+10) Edwards 13 (+1)
McCain 22 (+9) Huckaby 16 (-2) Romney 16 (+4) Guillani 13 (-13)
Cozy, isn’t it?
Ashcroft is a very sensitive guy so no doubt he likes to be cozy.
Sounds like organized crime. RICO???
How does this differ from the old Soviet practice of installing Political Officers in factories and farms and military units?
Oh please, please RICO. LS is right
The Dems had better be beating on the cronyism, corruption, and collapsing economy 24/7. They need to hang it around the Thugs neck like an anchor. I think as far a the public is concerned, the blame could still go either way.
If this keeps going:
link
Things will go from bad news to free fall.
My friend retired from being an Asst. VP for Citibank last year. Citibank’s stock value has dropped 60% and their dividends have just been reduced by 40%.
They should, but they won’t. THey’ll probably position themselves to take the blame.
Perhaps we need to install overseers of the overseers.
This article raises an important point, and there is also the inequity and the inefficiency that with few exceptions, when DOJ prosecutes most large companies, settlements are made where fines are paid, but individuals aren’t touched.
I’ve watched a parade of pharmaceutical companies pay huge fines which they regard as the cost of doing business, and I’ve watched large hospitals settle Medicare fraud charges by paying back the money they overbilled in the neighborhood of $26 million, when they billed outpatients using inpatient codes, or simply put, they “upcoded”, using CPT and ICD9 codes that everyone involved knew inappropriate/wrong codes.
No one goes to jail in these situations, the company pays a fine, and the behavior is rarely changed.
There is a double standard that results in large companies paying fines the find a way to write off, but idividuals are prosecuted for prison time and fines with the full panoply of DOJ’s resources.
Taken far enough this could lead to full employment Ok.
Hi, Christy! Hi, everyone! Great post!
This is certainly just the tip of the iceberg. If and when a Democrat takes over the presidency it is going to be essential that all of the totally incompetent political partisan hackfucks that the Bush regime has appointed to all and sundry executive branch agencies are rooted out and those positions are refilled by competent experts. This includes Department of Justice, the Pentagon, Department of State, Health and Human Services, and just about every other agency, large and small, that makes this nation function.
It took decades to build a culture and tradition of competent expertise in the executive branch through the hiring and nurturing of career bureaucrats, experts at what they do, a huge number of whom have been fired and replaced with incompetent morons who spout the correct partisan gibberish and have gone to the correct iron-age-mythology-based institutions of higher learning. It is going to take time and effort to correct this, and these incompetent wackos are surely not going meekly.
OT..Edwards goes after Obama by defending Hillary…I am getting whiplash..
One reason I’m not an adorite of Eliot Spitzer is that he had the Wall Street Companies pay fines but didn’t go after the executives.
imo citicorp’s Sandy Weill should be serving time -for one example
Dollars instead of Rubles.
Shh…Pete, everything’s cool. Nothing to see here.
Maybe Ian Welsh, FDL econ poster, could suggest a way to bridle the uncontrolled fraud administered by Bushco. The 2000 election was a licence for them to steal from the National treasury…now $9 trillion in debt ( was $2 trillion surplus 2000). The investment banks are beeing gutted of needed capital by the housing bubble (robbing Peter to pay Paul).
Now the global economy is on notice that it is time to pay up.
So Bush gives his cronys Billions and leave Americans with the debt and a fistful of dollars (if your lucky)that are devalued, your home devalued and the next generation screwed.
One answer tax the rich and get us back on solid footing with regulatory oversight by congress.
Now, Pete you were not supposed to notice this unimportant, obscure and irrelevant tiny, wee, little thingie.
But gosh, a ‘double standard’ is better than no ’standard’ at all.
I mean, what’s the point of being rich and powerful if the rules or laws that apply to the ‘little’ people also apply to the wealthy and well-connected.
You make it sound as if these folks were doing baaaaaaahd things, they are simply being more-clever than you and I (grin)
The retirement funds are in serious jeopardy. It’s time for them to make a statement.
Cozy, isn’t it?
Well, *cozy* is a word. Not one *I* would choose, but – ok.
Sounds more like the injection, into companies using practices of dubious legality, of persons and other companies to get a piece of that action, again by use of tactics of dubious legality.
I guess there *is* a certain symmetry to it, huh?
Isn’t this a lot like allowing Federal Prosecutors into the equivalent of the Corporate bedroom to sniff corporate panties and pre-approve whatever couplings are to take place, or to give the seal of approval to couplings that have already taken place, so to speak?
Dependent
oversightinvestigations.It’s like that movie…was it “The Company”?
Mayhap it is more akin to bringing religion to the godless, or the fallen?
AOL and Bristol-Myers Squibb – you’d think that they’d be pre-vetted and given the okay to play loose.
They get busted for not paying the vig?
Hogwash. Monitors often have a great deal of difficulty getting paid by the “host” entity. The host is completely free, and does, go to court to get portions of the bills disallowed.
These really hugely expensive monitorships are a fairly recent development and, IMHO, are the invention of white collar defense lawyers who want a “name” who will take a large fee, make a lot of motion, but not actually DO anything.
They are trying to turn it into window dressing, but when an IPSIG or monitorship is done well, it is incredibly effective.
The problem is DOJ doesn’t know how to use them well. You see the AUSA who made the “big” case and is around when the monitor is selected, usually leaves DOJ soon after to capitalize (career/ job offer wise) oon the success of the “big” case.
When the monitor’s reports some in, they get haded to someone who had no prior involvement with the case, sometimes just to a para legal for filing.
Unless the monitor raises a ruckus about something or refers new matters for prosecution, the US Attorney’s Office does not really pay any further attention.
This is a departure from how they were done in the beinning with the labor union monitors. Then the Judge who had selected the monitor, usually through an RFP type process, got the reports and made was expected to have a continuing interest in whether or not the host entituy was complying with the Judge’s Order.
It was a better system.
NYC DOI (Dpet. of Investigations) and the School Construction Authority IG have mush more stringent oversight of their IPSIGs and monitors and REALLY REALLY burdensom processes for getting on a pre-qualified list, complete with background checks and proof of requisit experience.
It takes weeks/months to getr pre-qualified. DOJ could learn a lot form NYC about how to do this–and yes, there is a letter in process to DOJ about this.
Dammit LHP, I want you for Attorney General! Seriously you are the best.
This is the way Republicans do business and politics. This merely mirrors the corruption that was rampant in Nazi Germany where power brokers were constantly manuvering for financial advantage. When will Americans wake up and realize that Republicans are the new fascists.
This is the IPSIG code of ethics. This is how it is supposed to (and more often than not, does) work
http://www.iaipsig.com/ethics.html
Shhhhh! Quite or you will upset the doughy pantload.
OT..The difference between an adult and the Tweety: KO’s diary at kos…I don’t know what the “stink” is about but KO’s response is class..
LHP, great analysis as always! Do you think that DOJ wants to do any of this kind of thing well?
My impression is that they are enacting the will of the Norquistian wing of the Republican Party, which is to intentionally be as utterly craven and incompetent as possible, with the goal of completely extinguishing in the entire polity the notion that government can do anything well.
And that is another reason I am voting for Clinton. No kumbayah. I’m in the Dixie Chicks wing of the party.
Lawrence O’ Donnell was KO the other night. O’D has this really dreadful piece up at HUffPo where he calls John Edwards a loser—really nasty and personal stuff.
Evidently, people got mad at KO for not calling O’D on his hit piece.
As I understand KO’s Kos diary, it’s because KO didn’t know about the HuffPo piece in time.
The stink is about O’Donnell trashing Edwards and claiming that there are really only two candidates on the Dem side. He has been doing it in print and did it on Countdown last night.
And basically said that Obama’s views of Reagan should be a positive thing and Edwards’ bringing up of PATCO was nonsense because most of the voters in NV and CA are too young to remember how Reagan busted unions.
My dream ‘ticket’.
President: Jane Hamsher
Vice President: (I should leave this up to Jane, but I want) Christy
Attorney General: LHP
Head of CIA: Hugh
Head of the Fed: Ian Welsh
Surgeon General: Kirk Murphy
Roving Ambassadors of American Good-Will: Lahoma and Kiddo
Minister of Useful Information: selise
Well, you get the picture …
OT, but I’ve resisted for as long as I could! Does anybody know what Shuster and Scarborough said this morning in support of Chris Matthews, because Chris has thanked both of them heartily!
My God! Is there nothing these criminals won’t privatize in order to subsidize their friends?
And now they pay “private entities” — which I’m sure is code for “anybody who’s been on the inside of the Bush criminal enterprise and needs to remain in the fold — to monitor companies rather than lodge a criminal indictment for fear of an adverse impact on the company?
Man, corporations just get all the luck! Retroactive immunity, private monitors, tax breaks.
I hope in my next life I come back as a corporation!
ahh, but who gets the highly coveted position as head of the Department of Snarkosity?
Maybe it’s more like the blind leading the blind.
OfT – does anyone know what Bill Clinton was talking about when he said the casino workers’ vote would “count five times more than the votes of everybody else”?
Punaise for poet laureate.
At first, I thought this was a “named” position, like an endowed professorship at a university. The thought of OKK and Lahoma as the Karl Rove Ambassadors of American Good-Will came close to making me spill my coffee.
*g*
New departments generally should go to those who have originated the idea:
Therefore; AHEM!
Department of Snarkosity, head: jayt
Department of Redundancy Department: yours truly, ta da!! ME!!!!
Yes, actually I do.
There was a case in EDNY. The USA’s office used and RFP process. My firm made to the very last round to the short list that got interviewed by the judge. We didn’t get the gig, but the process was excellent. And the judge relied upon the subsequent report and the IPSIG made HUGE changes in the organization that stopped a ton of embezzlement.
On the other hand, there was another case, also EDNY where the defendant had a VERY high priced white collar defense lawyer. The lawyer convinced the judge, over the UASA’s objections to let them try to find suitable candidates. The judge gave the USAO the right to veto unacceptable candidates.
We called up to submit a proposal. WC defense lawyer blew me off. He submitted a list of very fancy names. USAO vetoes all of them. New round of applicants. I call again. WC guy won’t let me apply.
Whole list of candidates gets vetoed again (there were lack of relevant experience issues, conflicts of interest problems, you name it) finally they were like on list 4 and I spoke to the AUSA and told him that WC lawyer won’t let us apply. He twists the arm.
My investigations team person (an ex-FBI supervisor, very well respected in Law enforcement) and I go to the dog and pony interview.
This guy tells us what his client wants is a “name” and a flat fee number that can be as big as the “name wants” and then to be left alone.
He said he didn’t want some hungry idealistic go getter who was gonna muck up his business.
I had put together the most incredible team to prevent computer back dating of records. I had the computer security consultant for NASA who was gonna install my biometric computer locks (instead of a passcode to get into a file, you would need a retinal scan–very star trek) I had three different kind of physical security companies, two different auditing companies as a cross check against the other, you name it, we had planned for it.
And we still would have cost about 1/3 of what that company expected to pay.
The monitor system is being corrupted. BTW the guy they eventually hired was a hungry go getter who has made them restate their earnings (downward) every quarter until I got bored with checking up on it. he turned out to be a decent sort after all.
They never would have hired him, but for the AUSA vetoing all the cronies until there was no one else left.
When the AOL Time Warner deferred prosecuting thingy hit, I called up the AUSA and told him I wanted to put in for it, and asked what method where they using? RFO/ RFQ? Pre-qualified list.
He had no idea what I was talking about and asked if he could take notes. At the end of about an hour, he was all excited b/c he was going to go into a meeting with his boss and look so knowledgeable.
he called me back a week later and said that his boss was going to pick the monitor. He was not a happy camper. he really wanted to use an open, fair and transparent method.
Sounds like a plan!
Without debate, seconded, carried!!!!
Poet Laureate: Punaise!!!!
It sounds like you are saying that AUSAs and other attorneys in the trenches want to be effective, but that their bosses and upwards in the hierarchy don’t. Is that a correct interpretation of your point?
To all the great bloggers at the lake (commenter too). How about a post about bigdog tearing apart the Democratic party.
Here is his latest;===================
Now Bill Himself Goes After Obama Over Reagan Interview
By Greg Sargent – January 18, 2008, 5:44PM
The ultimate Hillary surrogate — Bill himself — has also teed off on Obama today over the Reagan interview:
“Her principal opponent said that since 1992, the Republicans have had all the good ideas,” Clinton told a crowd in Pahrump this morning. “It goes along with their plan to ask Republicans to become Democrats for a day and caucus with you tomorrow, and then go back and become Republicans so they can participate in the Republican primary. I’m not making this up, folks.”
That latter bit is a reference to that mailer that an Obama precinct captain pushed urging that GOPers and indys switch for a day and caucus for Obama. It wasn’t the work of the Obama campaign, and they disavowed it.
Bill also said:
“I can’t imagine any Democrat seeking the presidency would say they were the party of new ideas for the last 15 years. But it sounded good in Reno I guess,” he said. “So now it turns out you can choose between somebody who thinks our ideas or better or the Republicans had all the good ideas.”
Did I mention that the Clinton camp is pressing this one pretty hard today? More on the validity of this Clinton criticism here.
Separately, it’s not surprising that Bill would be personally put off by Obama’s interview. While the Hillary campaign is reacting primarily to Obama’s contention that the GOP was until recently the “party of ideas,” Obama also explicitly said in his original interview that Bill’s presidency wasn’t transformational, the way Reagan’s was.
=======================
And Hillary supporters in NH admit Hillary lied about Obama’s stance on womens rights.
http://www.dailykos.com/story/2008/1/18/16504/5484
It’s somewhat parallel to having a Social Worker visit a family with neglect issues. If things get bad enough, the SW will recommend that the child be placed in foster care — but given the shortage of foster care families in some places, another approach is to have regular monitoring of the family (both scheduled and unscheduled) to see that things are working the way they should.
The analogy falls down, of course, when you get to the question of compensation. SW’s do NOT get the big bucks — and certainly none from the family they are monitoring.
Everyone, make sure you read Glenn Greenwald today. He totally p’nked Joe Klein again.
http://www.salon.com/opinion/g…..index.html
And be sure to Digg it too. Go to the bottom where the share button is. Thanks.
Clinton told a crowd in Pahrump this morning…
Please pardon the shallow response, but “Pahrump” just sounds like my kind of place…
LHP, it is precisely information of this nature, based on real, actual experience of dedicated professionals such as yourself that needs to be public knowledge. I thank you for all the things that you have shared with us, and only hope that those mny who prefer to observe what transpires here may understand the importance of contributions of the sort and nature that you so-consistently provide.
Rut..Roh!!
Well, I think their bosses don’t think this through. They do it al ad hoc.
I organized a panel discussion (CLE class) about IPSIGS and monitors and the history, developement trends, etc. The #2 person from SDNY came to that AND to a similar progarm at the Assoc. of the BAr of the City of NY (citibar). The cheif of the Criminal Division from EDNY was at the citibar progarm as well.
They just need educating. I have been working on this issue ever since the whole concept of IPSIGs was unveiled back in the late 1980’s. I have been helping draft slection criteria and best practices systems to this day.
It’s not easy to build something new. The fucking up of DOJ over the last 7 years has made it VERY VERY hard.
But monitors and IPSIGs have worked very well in other applications and in the beginning worked for DOJ too.
Tings changed alot, for the worse, when Giuliani Partenrs came around and showed that it could be a big money business. Up until then, IPSIGs and monitors were just do gooders who worried about keeping their bills low enough that the host could not accuse tehm of waste.
Giuliani changed the whole paradigm.
Gotta go home and feed the Littleprop gang. Catch ya on th eflip side.
LHJP, how many times have the MSM asked to interview you for your demonstrated expertise and perspective? What you have just hinted at regarding Giuliani is actual ‘news’ and deserves to be public knowledge.
I hope their littleheadprops are not too loose!
OT: If anyone is interested, Media Matters has a whole page of links to stories on the Tweety contro. You just have to laugh at the names of the posts…
http://mediamatters.org/items/200801110019
Yes, so many, otherwise good and decent words are now maligned. Why even individual letters are now embarrassed and diminihed. Dub-el-yoo, a letter with which I am middlely identified, in certain tolerant circles, has suffered rather grieviously of late, by association rather than deed, you understand, and its return to any semblence of ‘good’ graces may require some generations. Be that as it may, and eschewing appeals to raw or even nuanced emotion, requires that extreme care be exercised when using these, now, suspect words, phrases and letters; so I apologize most humbly and profusely for momentarily having forgotten this legacy of our somewhat forlorn and amBushed era, Peterr.
Policing, like the Cheney/Bush Department of Justice meant to oversee it, has often been perverted, privatized and secretized. This case involves a novel program to investigate and correct criminal corporate behavior. Ashcroft is one of the program’s highly-paid “corporate overseers”. Is this program an effective application of police powers or a cozy arrangement for administration stalwarts that keeps their wrongdoing known only to the boys in the back room? Who knows? That’s the problem.
Governmental oversight – especially the application of monopoly police powers – is most effective when it is public. That’s why the law courts and SEC’s actions and records are public. The public should know what wrongs were done to them, what steps were taken to investigate and correct those wrongs, whether they succeeded, and what they cost the public purse. This program fails on all counts. The government chooses its contractors in secret, pays them secretly or quietly, they act in secret, and the wrongs “corrected” remain undisclosed.
What about the program’s leadership ranks, on which its success would depend? Are they filled with Jimmy Carters and Patrick Fitzgeralds? Apparently not. John Ashcroft, for example, was a mediocre student, lawyer and state politician, a weak Senator and arguably an incompetent Attorney General. His backbone was modestly stiff when he could rely on Comey’s strength and Goldsmith’s intellect. Alone, not so much.
This program could be credible. But its attributes suggest that it is a happy alternative for corporate wrongdoers, which allows them to avoid open court proceedings and the public laundering of their misdeeds. Not coincidentally, that allows them to avoid private suits for the same wrongful behavior, limits the consequences on corporate boards and company managers, misses an opportunity to disclose wrongs and consequences so as to deter others, and makes it impossible to determine whether the public is protected or its money well spent. It does qualify as WingNut Welfare by enriching a few private but not obviously qualified overseers like Mr. Ashcroft.
Regarding the wrong of using govt resources to help wrongdoers avoid private law suits, the OJ Simpson cases illustrate the issues.
The govt’s burden in a criminal action is famously and purposely high – “beyond a reasonable doubt”. Success in a private suit requires meeting a lower standard – “a preponderance of the evidence” or “more likely than not”. In OJ’s case, a California jury concluded that prosecutors had failed to meet their burden. Another jury in a private suit by relatives of the murdered couple concluded, on the same facts, that OJ’s accusers had met their burden. That gave them a right to collect millions from OJ, and made a public record of their conclusion that he had murdered two people.
The govt’s criminal prosecution burden in highly complex cases against richly endowed and powerfully connected corporations is steep. The resource cost is high. Sometimes, the only practical alternative is the private suit. Sometimes it is the only practical means to deter a wrongdoer – and others similarly tempted.
Th Bush administration’s program of private oversight – an oxymoron, like voluntary compliance, loved by Bush – makes it much harder for an aggrieved public to learn about corporate wrongs, to recover damages incurred because of them, and to deter similar conduct in future. All of which, by the way, have been goals of the Shrubster and Darth for decades. Chalk up one more notch on their, um, belts.
What might make this program useful?:
A publicly disclosed list of overseers of undoubted competence and independence. Frequent combing of that list to excise the inept, the overburdened, those co-opted by the legitimate need to make money.
Adequate staff and funding, and full and well-documented processes and investigations. Documented, forced recusals of staff and overseers where objectively necessary.
Assertive, monitored requirements. Full disclosure and co-operation from the target. Statements under oath. Fines paid and collected, imposed dismissals of offending executives as well as the lower-tier “bad apples”, implemented changes in corporate organization and practices. Penalties for significant failures to comply, including the ability to make the full record public.
Full confidential reports to the DOJ and relevant Congressional committees, summary reports to Congress and the public.
Those seem like minimal requirements for private justice. How many of these does the current program include?