August 2012 archive

Six In The Morning

On Sunday

Iran quakes death toll rises to 250, as search goes on

 Rescuers in Iran are searching through the rubble of collapsed buildings for survivors from two strong earthquakes which left at least 250 people dead.

The BBC   12 August 2012

The 6.4 and 6.3 quakes struck near Tabriz and Ahar on Saturday afternoon, and more than 2,000 are believed injured, many in outlying villages.

Thousands spent the night in emergency shelters or in the open and there have been more than 55 aftershocks.

Relief agencies are providing survivors with tents, bread and drinking water.

The numbers of victims is expected to rise.

Reports say phone lines to many villages have been cut off, confining rescuers to radio contact.

“The quake has created huge panic among the people,” one resident of Tabriz told the BBC. “Everyone has rushed to the streets and the sirens of ambulances are everywhere.”




Sunday’s Headlines:

In Asia, a wave of escalating territorial disputes

Rio picks up torch for samba Games, but there are shadows in the sunshine

The terrible legacy of Agent Orange

Southern Europeans look for work in Germany

Tunisia activists braced to fight for women’s rights

Late Night Karaoke

What We Now Know

Up with Chris Hayes returned after a two week hiatus for NBC’s coverage of the 2012 Olympics and just in time for a major political announcement by the presumptive Republican presidential nominee. It was leaked late last night and all over Twitter in seconds that former Massachusetts Governor Mitt Romney has selected Rep. Paul Ryan, (R-WI) for his running mate. So it isn’t at all surprising that this was the topic that dominated the discussion. Two segments that I felt were most important examined Rep. Ryan’s stance on Medicare and it impacts on the Romney campaign. In the second segment Chris and his guests reviewed Ryan’s voting record and the impact on tackling the deficit. Joining Chris on the panel were Rachel Maddow, host of MSNBC’s Rachel Maddow Show; Avid Roy, health care policy adviser to Gov. Romney; Melissa Harris Perry, host of MSNBC’s Melissa Harris Perry Show and Ezra Klein, political analyst for the Washington Post; and John Nichols, contributing editor at The Nation.

The “Rule of Lawsky”

Cross posted from The Stars Hollow Gazette

Yves Smith at naked capitalism and Marcy Wheeler at emptywheel have been following the latest banking scandal with a certain amount of “glee” as New York Superintendent of Financial Services, Benjamin Lawsky, Federal regulators (mainly Treasury and the Federal Reserve) and Mr. Lawsky’s target, the British bank, Standard Charter, all do the “Rule of Law” waltz in the media.

The “dance” so far has resulted in a flurry of furious responses to Mr. Lawsky’s charges that the Standard Charter Bank (SCB) laundered billions of dollars for Iran hiding the transaction from federal investigators for 10 years.

These are the latest developments over the last few days since the story broke:

First from Yves where she confesses her enjoyment of the “dust up” and the latest counter by SCB to sue Mr. Lawsky:

The lead story in the Financial Times on SCB is so obviously barmy that I’m astonished that the pink paper would give it prominent play. The headline: StanChart seeks advice over countersuit. Even floating this as an course of action reeks either of desperation to create positive news hooks or delusion:

   The bank’s legal advisers believe “there is a case” for claiming reputational damage, according to two people close to the situation, although StanChart is conscious of the delicacy of taking an aggressive stance towards its regulators.

The whole “delicacy” part is code for this having odds of close to zero of happening, so this looks like yet more spin.

The damage was done by the threat to yank the license and access to dollar clearing services, not the “rogue institution” label in the order. And as we’ve written in earlier posts, despite the spinmeister’s efforts to contend otherwise, Lawsky has cited violations of New York law that appear to let him get there, in addition to the charge under the Federal laws on transfers to Iran.

Yves notes that the likelihood of this lawsuit going forward is “zero” since the risk of losing in a NY civil court and the exposure of any other damning evidence that the superintendent has would be a disaster for SCB.

She also highlighted a comment made by Frank Partnoy, former derivatives salesman, now law professor, who noted:

   Indeed, the order puts the bank’s senior attorneys and compliance officers at the heart of the wire stripping scheme, even when outside counsel advised otherwise. As early as 1995, soon after President Bill Clinton announced economic sanctions against Iran, the bank’s general counsel allegedly “embraced a framework for regulatory evasion”. He allegedly strategised about how to avoid scrutiny by the US Office of Foreign Assets Control, known as OFAC, and instructed employees that a memorandum describing the plan to avoid regulatory compliance was “highly confidential & MUST NOT be sent to the US”….

   As recent debacles at Barclays, HSBC and now Standard Chartered demonstrate, employees of big global banks increasingly lack a moral compass. Some general counsels and compliance officers do provide ethical guidance. But many are facilitators or loophole instructors, there to show employees the best way to avoid the law. Not even mafia lawyers go that far; unlike many bankers, mobsters understand the value of an impartial consigliere who will tell them when to stop.

If silly civil lawsuits weren’t enough, the original Reuters’ article, the source of Marcy Wheeler’s original post, was edited to exclude the orders of magnitude of the fraud:

The Reuters article was a pretty damning picture of how the Get Out of Jail Free industry works.

And then, the most damning parts of the article disappeared (Update from Briinhild: the full story is back up). As Yves discovered later in the day yesterday, Reuters pulled those paragraphs of the story that described this whole process.

Yves then posted that Reuters was running interference for elite corruption by scrubbing the article clean of the damning parts and posted original Reuters’ article:

Now I decided to go have a look myself. Being on the vampire shift, I didn’t go looking until mid afternoon. And guess what, the story that was now at that URL was not the same story. Yes, there was a story on Standard Chartered. But the version that Marcy worked from was apparently the original, released at 00:28 AM, titled “U.S. regulators irate at NY action against StanChart.” I’ve loaded that version in a Word and put it up at ScribD, and am embedding it below. It’s 1766 words. Be sure to download it if you are interested in this topic.

Apparently, as was pointed out by an emptywheel reader, Briinhild, Marcy and Yves must have embarrassed Reuters because they reposted the original article later that day.

The latest today from Yves, this “plot thickens” as Federal regulators try to “leash and collar” Superintendent Lawsky:

Today, the Wall Street Journal reported that, “Regulators Seek Unity in U.K. Bank Talks.”

If you read the article, a more accurate headline would be “Federal regulators desperate to get in front of Lawsky mob and call it a parade.” All the article says is the mucho unhappy and very much outflanked Federal regulators have gotten a meeting with Lawsky. Just look at the disconnect between the PR in the first paragraph and the actual state of play in the second:


   U.S. authorities are forming a group with New York’s top financial regulator to negotiate a settlement with Standard Chartered over allegations it illegally hid financial dealings with Iran.

   The U.S. Treasury Department, Federal Reserve, U.S. Department of Justice and Manhattan district attorney’s office are scrambling to reach an understanding with the New York State Department of Financial Services over the ground rules for negotiations with the U.K.’s fifth-largest bank by assets, according to people familiar with the talks.

This is hysterical. “Ground rules for negotiations”? Lawsky does not need the permission of Geithner et. al. to negotiate with Standard Chartered. As long as Lawsky has Cuomo’s backing, he has all the leverage here. And three independent sources told me as of today that Cuomo was fully behind Lawsky. That means he is likely to remain free to operate as he sees fit. It’s a given that if the White House had any real sway over Cuomo and saw fit to intervene, they would have done so by now. There is no downside to Lawsky in going through the motions of seeing if there is a way for him to proceed and have the Feds save a bit of face.

Let me stress again: Lawsky has all the cards, and he must know that.

Yves also cites this article from Bloomberg:

   New York’s financial-services regulator has grounds to shut Standard Chartered Plc (STAN) in the state even if he accepts the firm’s argument that it illegally laundered only a fraction of the $250 billion he claims.

   As the state’s top banking regulator, Benjamin Lawsky has power to act in his discretion against any financial institution he deems untrustworthy, according to the charter of his year-old department.

   Penalties he could impose include fines and the revocation of the bank’s license to operate in the state…

   Even if Standard Chartered’s position is legally sound, the order’s disclosure of internal e-mails suggesting a conspiracy to hide the identity of Iranian clients from regulators has given Lawsky grounds to act when the two sides face off at an administrative hearing Aug. 15, according to experts on both sides of the Atlantic.

   “I don’t care whether it is a half of one percent that weren’t right,” said Arthur Levitt, former chairman of the Securities and Exchange Commission,…

   “There are going to be more that weren’t right…The e-mails are really outrageous. I think Lawsky has uncovered something that probably has a much deeper depth.”…

   Neil Barofsky, who oversaw the U.S. Troubled Asset Relief Program and criticized the U.S. Treasury Department in his book, Bailout, objected to the criticism heaped on Lawsky.

   “This is not Lawsky getting ahead of other regulators,” said Barofsky. “This is Lawsky doing his job.”…

   “Willful non-compliance is very serious,” said Tariq Mirza, a former Federal Deposit Insurance Corp. official now with Grant Thornton. “If those allegations can be substantiated, regulators throw the book at institutions.”

Another article from the International Business Times that speculates what SBC’s sentence would be if it were an individual found guilty of these crimes:

Under New York state statutes against those two crimes, a defendant found guilty could be sentenced to a penalty of between eight-and-one-third and 25 years. The attorney noted that “it seems likely that a maximum sentence would be given because of the extent of criminality alleged in this case.” And if the judge really wanted to throw the book at them, the attorney explained, they could consider every instance where Standard Chartered Bank engaged in alleged illegal conduct, no doubt hundreds of them, as a “discrete act of criminality” rather than “one criminal transaction.”

Federal involvement would make the possible prison term even stiffer, with the appropriate federal money-laundering statute carrying a penalty of “roughly 15 to 19 years,” and a racketeering conviction “punishable by up to 20 years” in Club Fed.

(emphasis mine)

Wouldn’t that be a delightful sight?

As Yves notes in her discussion of these news articles, there is a lot of spin or, as with the case of a New York Times article, misinformation:

There is also an article at the New York Times on Lawsky which comes close to being a hatchet job. It does not look as if the Times made any effort to get to anyone in Lawsky’s camp (by contrast, I know of at least one reporter working on a profile who says everyone who Lawsky has worked with him is extremely complimentary). It also has sources that are spinning (one might say misrepresenting) the genesis. It acknowledges that Lawsky discussed his findings and theories, so it undermines the “blindsided claim. We were told three months ago, with the Fed; the article says April, so this is pretty close to the same time frame and sounds like the same meeting. [..]

(emphasis mine)

The traditional MSM is going to do a lot of the work for federal regulators by sniping at Mr. Lawsky and painting him as a “rogue” and “over-stepping his authority”. It’s bloggers like Marcy Wheeler and Yves Smith that sort out the facts from the hype and innuendo. The ladies rock.

As Yves requested, if you live in New York and support what Mr. Lawsky is doing, especially since the New York Times is taking shots at him now, drop him a note using this form.

Thanks and a h/t to naked capitalism reader Bryan Sean McKown for the title.

Today on The Stars Hollow Gazette

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Special sporting event on The Stars Hollow GazetteXXX Olympiad.

Write more and often.  This is an Open Thread.

The Stars Hollow Gazette

Meanwhile in Afghanistan

Afghan policeman kills 10 fellow policemen

By DEB RIECHMANN, Associated Press

3 hrs ago

An Afghan police officer killed at least 10 of his fellow officers on Saturday, a day after six U.S. service members were gunned down by their Afghan partners in summer violence that has both international and Afghan forces questioning who is friend or foe.



A day earlier, two Afghans shot and killed six American service members Friday in neighboring Helmand province in the south where insurgents have wielded their greatest influence.

In the first attack, an Afghan police officer shot and killed three Marines after sharing a pre-dawn meal with them in the volatile Sangin district, according to Afghan officials.



Then at around 9 p.m. Friday in the Garmser district farther south, an Afghan working on an installation shared by coalition and Afghan forces shot and killed three other international troops, said Maj. Lori Hodge, a spokesman for the coalition in Kabul. A U.S. defense official confirmed the three victims also were Americans.



Attacks where Afghan security forces or insurgents disguised in their uniforms kill foreign troops have spiked with four such attacks in the past week. There have been 26 such attacks so far this year, resulting in 34 deaths, according to the U.S.-led coalition.

Perseids 2012

The Perseids are the remnants of Comet Swift-Tuttle and stretch all the way around its 130 year orbit because it’s falling apart.  First historically recorded about 2,000 years ago the main current debris source is a chunk that fell off more or less 1,000 years later and a stream from 1862.  This year’s display is expected to be exceptionally active because of the numeric density of the material the Earth will pass through.

Perseid meteor shower: NASA explains why it’ll be the year’s best

By Rene Lynch, Los Angeles Times

August 10, 2012

But the Perseid meteor shower is only part of the treat in store for stargazers, NASA says.

“The brightest planets in the solar system are lining up right in the middle of the [Perseid] display,” NASA says. Specifically, “Jupiter, Venus and the crescent moon are gathering together just as the Perseid meteor shower reaches its peak.”

The red giant star Aldebaran will also be visible, “adding a splash of color to the gathering,” NASA says.

The three celestial orbs will make for a brilliant, three-point line in the sky, all surrounded by shooting stars. The display is expected to be best seen in the eastern skies and in the early morning hours before sunrise.

The show will get better as the weekend winds down. Early Monday, the increasingly narrowing moon will pass even closer to Venus, as Jupiter “hovers” overhead, according to NASA.



“Star-watchers say there’s nothing prettier than a close encounter between the slender crescent moon and Venus. Nothing that is, except for the crescent moon, Venus and a flurry of Perseids.”

Viewing conditions might not be the best, especially in the Northeast, but should get better by sunrise.

Perseid meteor shower peaks tonight, best places to view it

David Epstein, Boston.com

August 11, 2012

Much of Texas, the Ohio Valley, Tennessee, the northern parts of Alabama, Mississippi and the Rockies look to have favorable sky conditions. parts of Florida and a good deal of the West Coast will also be mainly clear.



If you live where it is expected to be cloudy, like here in the northeast, it is still worth looking up later tonight. Last evening we had big thunderstorms in the area but early this morning it cleared enough to see some of the meteors in the Massachusetts area. The same thing could very easily happen across the northeast later tonight.



On Saturday the 11th, leading into the 12th, expect about 25-60 meteors per hour. You won’t see the meteors evenly spread out over time. You may see nothing for five minutes and then four or more in a row a minute later. Lie on a blanket and look up rather than stand. If you stand with your neck tilted up, you will have neck issues in the morning. On Sunday night, heading into the morning of the 13th there will be fewer meteors per hour, but still a nice show. The best time to see this will be around 2AM-3AM, but if you don’t want to wait till then it’s still worthwhile once it gets dark.

USA! USA!

Now, where’s my Bud.  Thank goodness all those froo-froo sports are done sucking up the TV Box and we can get back to NASCAR and the NFL.

On This Day In History August 11

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

August 11 is the 223rd day of the year (224th in leap years) in the Gregorian calendar. There are 142 days remaining until the end of the year.

On this day in 1934, the first Federal prisoners arrived at Alcatraz.

A group of federal prisoners classified as “most dangerous” arrives at Alcatraz Island, a 22-acre rocky outcrop situated 1.5 miles offshore in San Francisco Bay. The convicts–the first civilian prisoners to be housed in the new high-security penitentiary–joined a few dozen military prisoners left over from the island’s days as a U.S. military prison.

Alcatraz was an uninhabited seabird haven when it was explored by Spanish Lieutenant Juan Manuel de Ayala in 1775. He named it Isla de los Alcatraces, or “Island of the Pelicans.” Fortified by the Spanish, Alcatraz was sold to the United States in 1849. In 1854, it had the distinction of housing the first lighthouse on the coast of California. Beginning in 1859, a U.S. Army detachment was garrisoned there, and from 1868 Alcatraz was used to house military criminals. In addition to recalcitrant U.S. soldiers, prisoners included rebellious Indian scouts, American soldiers fighting in the Philippines who had deserted to the Filipino cause, and Chinese civilians who resisted the U.S. Army during the Boxer Rebellion. In 1907, Alcatraz was designated the Pacific Branch of the United States Military Prison.

In 1934, Alcatraz was fortified into a high-security federal penitentiary designed to hold the most dangerous prisoners in the U.S. penal system, especially those with a penchant for escape attempts. The first shipment of civilian prisoners arrived on August 11, 1934. Later that month, more shiploads arrived, featuring, among other convicts, infamous mobster Al Capone. In September, George “Machine Gun” Kelly, another luminary of organized crime, landed on Alcatraz.

By decision of Attorney General Robert F. Kennedy, the penitentiary was closed on March 21, 1963. It was closed because it was far more expensive to operate than other prisons (nearly $10 per prisoner per day, as opposed to $3 per prisoner per day at Atlanta), half a century of salt water saturation  had severely eroded the buildings, and the bay was being badly polluted by the sewage from the approximately 250 inmates and 60 Bureau of Prisons families on the island. The United States Penitentiary in Marion, Illinois, a traditional land-bound prison, opened that same year to serve as a replacement for Alcatraz.

The entire Alcatraz Island was listed on the National Register of Historic Places in 1976, and was further declared a National Historic Landmark in 1986. In 1993, the National Park Service published a plan entitled Alcatraz Development Concept and Environmental Assessment.  This plan, approved in 1980, doubled the amount of Alcatraz accessible to the public to enable visitors to enjoy its scenery and bird, marine, and animal life, such as the California slender salamander.

Today American Indian groups such as the International Indian Treaty Council hold ceremonies on the island, most notably, their “Sunrise Gatherings” every Columbus and Thanksgiving Day.

Cartnoon

Odd what you can find.  Complete.  One of those films you should put on your bucket list.

Fritz LangMetropolis 1927 (2:30)

Part 1 (50:43)

Part 2 (50:42)

Part 3 (50:41)

Late Night Karaoke

Random Japan

Photobucket

MUCHO MOJO

Two women in western Japan are suing the operator of a yoga studio for threatening them with possession by evil spirits if they didn’t fork over millions of yen. They’re being supported in their efforts by the delightfully named National Network of Lawyers Against Spiritual Sales.

A professor at Keio University has developed a robot that can pass along the sensation of the things it touches to human hands.

A trio of climbers was arrested for attempting to scale Nachi Falls in Wakayama Prefecture. The falls and a nearby shrine are both UNESCO World Heritage sites, which led the head of the shrine to say the stunt was “an insult to our religion.”

Meanwhile, a delegation from UNESCO will travel to Gunma to judge whether the Tomioka silk mill is worthy of World Heritage status. The mill was established by the government way back in 1872.

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