Collateral consequences: The two words that give the rich, and only the rich, a pass for their crimes

Five of the world’s biggest BANKS are about to plead guilty to a stunning array of crimes. So brazen were these super rich, powerful BANKS that they referred to themselves  as “the cartel” or “the mafia” as they illegally fixed prices to line their own pockets.

The banks’ crimes have to do with price-fixing on the foreign currency exchange market, the largest market in the world – 30 times LARGER than the New York Stock Exchange, for example. Dollars and yen and euros and pounds are traded daily to the tune of more than $5.3 trillion. To be clear, that gigantic number is

$5,300,000,000,000.00

While the Justice Department is preparing to announce that the holding companies for Barclays, JPMorgan Chase, Citigroup, UBS and the Royal Bank of Scotland will plead guilty to criminal antitrust violations and pay several billion dollars in fines, The New York Times reports that punishments will stop there:

As much as prosecutors want to punish banks for misdeeds, they are also mindful that too harsh a penalty could imperil banks that are at the heart of the global economy, aBALANCING act that could produce pleas that are more symbolic than sweeping.

Lawyers for the banks are asking that the banks be permitted to “conduct business as usual despite being felons,” despite laws in place designed to punish them for their egregious criminal acts. These waiver requests are expected to be granted, because the Justice Department officially considers “collateral consequences” like business slowdowns before arresting or punishing corporate America. It happens all the time, leading to lenient sentences.

Meanwhile, at the other end of the justice system, no one is asked to consider the impact on the families or communities of the poor as they are routinely arrested and convicted for a wide array of petty, nonviolent crimes like possessing marijuana, jumping turnstiles or prostitution.

In 2005, for example, more than 22,000 people were arrested for loitering in just New York City alone, according to Matt Taibbi, author of the excellent and disturbing The Divide. Another 140,000 were charged with drinking alcohol from an open container, an offense that is virtually only given to poor people of color. One brave judge said he could not remember ever arraigning a white defendant for the violation, and indeed a Brooklyn court review found that only four percent of drinking offense were against whites, even though they make up one-third of the population.

The collateral consequences of rounding up and caging the poor in our current system of mass incarceration leaves families without breadwinners, children without parents, and an epidemic of “missing black men” — though of course we know where they are: in prison.

Hundreds of thousands of Americans currently incarcerated for nonviolent drug offenses face a civic death when released, as they are barred from many jobs, public housing, student loans and even, cruelly, food stamps. Most cannot vote or serve on juries. We all lose the benefit of their participation.

But no high priced lawyers point any of this out at their sentencing. No one winces at the collateral consequences of a grandmother taking in parentless children, or an education or career interrupted, a family member taken away. No one wrings their hands at the loss to the neighborhood, as our inner cities are further gutted of juveniles and young adults.

“Collateral consequences” is clearly a legal buzz phrase that applies only to the rich. Those two words alone demonstrate the huge divide between our legal system’s constant bowing to the requests of the rich, while turning its back on the humanity of the poor. The phrase is an official, legal recognition that criminal justice actions have ripples and consequences beyond the defendant himself – but our justice system shows time and again that this only matters for the 1 percent.

Cited from: Collateral consequences: 2 words that excuse crimes of the rich http://nakedlaw.avvo.com/crime/collateral-consequences-two-words-that-give-the-rich-and-only-the-rich-a-pass-for-their-crimes.html#ixzz3aaMQIsQ0

Jay Z diss Spotify and YouTube during his private Tidal concert

First he mentions Tidal competitors trying to stop him from starting the company, or trying to convince him to work with them instead: "Jimmy Iovine offered a safety net / Google dangled around a crazy CHECK / I feel like YouTube was the biggest culprit."

"TIDAL, MY OWN LABEL, SAME DIFFERENCE."

That leads to a tribute to Freddie Gray, Michael Brown, and Trayvon Martin, sharply picking apart the effects of living in a world that's hostile toward YOUR existence. It's a raw side of Jay we haven't seen in a while, and it works well. Then things take another curve.

"You know I came to this game independent, right?" he asks. That's true. "Tidal, my own label, same difference." Not exactly the same thing, but sure.

"You bought nine IPHONES and Steve Jobs is rich / Phil Knight is worth trillions, you still bought them kicks / Spotify is nine billion, they ain't say shit." I think this is a point about how if you buy things, there is usually at least one person who will get very rich because of it.

The audience, who seemed to enjoy the freestyle, was composed of Tidal subscribers. To get a TICKET for the concert, users had to create and tweet a playlist using the hashtag #TIDALXJAYZ

Wake Up People!

1911HeadBanger -Jun. 25, 2013 at 6:23pm

I don't feel sorry for anyone who spent close to 3000 bucks for ann AR. I also hope they spent that much on a ridiculously small amount of ammo. How many times have we been told to PREPARE AHEAD OF TIME. We criticise the people who flock to the stores and buy everything before a hurricane, but the very people should should be prepared, are the same ones panic buying. Slowly build your ammo. Buy a box or two every PAYDAY. Buy another mag every month. Buy another gun every year if you need it. Buy extra food every time you go shopping. Even if it’s one can. You are going to need it. Don’t be a Dumbass and wait until the idiots start to panic.

Section 8 US Code - Flag Flown Upside Down

1. Flying the American flag upside down is an officially recognized signal of distress. § 8(a)The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.
2. 
   
   

3. WEAPONS AND FIREARMS

   790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.— (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: (a) Convicted of a felony in the courts of this state; (b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age; (c) Convicted of or found to have committed a crime against the United States which is designated as a felony; (d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or (e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year. (2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored. (3) Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084. History.—ss. 1, 2, 3, ch. 29766, 1955; s. 1, ch. 63-31; s. 9, ch. 69-306; s. 754, ch. 71-136; s. 1, ch. 71-318; s. 169, ch. 71-355; s. 2, ch. 76-165; s. 6, ch. 93-416; s. 51, ch. 98-280; s. 39, ch. 99-284; s. 2, ch. 2004-286; s. 2, ch. 2008-238.

Substantive Due Process – Fundamental Rights

Terms:

Due Process Clause:

The Fourteenth Amendment reads, in part, that no state shall “deprive any person of life, liberty, or property, without due process of law.” This applies to the states and to local governments. The Due Process Clause of the Fifth Amendment applies to the federal government. Most Due Process issues involve state laws.
Common-Law:
The two sources of law are statutory law and common law. The common law is that body of rules and principles developed through the courts over time. While legislatures often overrule an area of common law by enacting a statute, and while courts often overrule an area of common law by refusing to follow it further or by handing down a decision which makes use of a competing principle, the common law carries with it the force of law and is generally binding on courts within that jurisdiction.
Burden of Proof:
In every case one party or another has the onus of demonstrating the truth of some fact or another. The party who must so demonstrate is said to have the burden of proof. In addition to who carries the burden, the burden can be of different loads. For example, in a criminal case the prosecution carries the burden of proof and must prove every element of the crime “beyond a reasonable doubt.” In most civil cases the plaintiff generally carries the burden of proof but must prove every element of her claim only by “a preponderance of the evidence,” which is far short of “beyond a reasonable doubt.”

Every Due Process Clause analysis begins with the question “Has the government deprived some person of life, liberty, or property?” If there has been no government action, or if there has been no deprivation, then there cannot be a Due Process issue; substantive or procedural.

Substantive Due Process issues involve the states’ power to regulate certain activities.

Procedural Due Process issues involve an analysis of the procedure required by the Constitution when states seek to deprive people of life, liberty or property. (Procedural Due Process will be addressed in Subchapter 3.)

EXAMPLE: Western State passes a law forbidding individuals from using nail clippers to cut their nails and requiring instead that only scissors be used. Because the state is seeking to regulate individuals in a way which affects their liberty, the law will be subject to Due Process review.

EXAMPLE: Eastern State enacts a statute requiring all individuals who own cars manufactured prior to 1990 pay a “collector’s” tax. The tax is a deprivation of property, i.e., the money paid, and must pass Due Process review.

Young People Bolt Ukraine to Evade Conscription

It is being reported by the German newspaper Handelsblatt that conscription evasion in Ukraine has skyrocketed with 95% of working-age men in Kiev alone evading military service, using various methods from bribery to fleeing to other countries.

Sputnik news report:

Companies are struggling to find a false excuse for their employees in order to help them avoid military service. The illegal business is thriving, with doctors trading medical certificates and travel agencies organizing “special trips” for those seeking to leave the country.

Texas Earthquake Creates 3rd US Quake In 3rd State within 24 Hours......

There’s a rumble in the… city of Dallas?  Dallas, Texas on Monday, May 4th, felt a noticeable, but not massive quake.  This comes just hours after Los Angeles – a much more common place for quakes.  The LA earthquake came hours after a quake was felt in another strange state, as far as earthquakes go – Michigan (read our report on it here).  Many are asking – what is going on?

According to The International Business Times:

The tremor was centered just southwest of the intersection of Highway 114 and Rochelle Boulevard in nearby Irving, Texas, and had a magnitude of 3.1, according to the U.S. Geological Survey. It occurred at a depth of 3.1 miles.

Constitution In American law

The written instrument agreed upon by the people of the Union or of a particular state as the absolute rule of action and decision for all departments and officers of the government in respect to all the points covered by it, which must control until it shall be changed by the authority which established it, and in opposition to which any act or ordinance of any such department or officer is null and void. Cooley, Const. Lim. 2

For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or penalty imposed on one because of this Constitutional right. Sherer v. Cullen 481 F. 945: 

United States Code: Title 18

PART 1 > Chapter 41 § 872.

Extortion by Officers or Employees of the United States

Whoever, being an officer, or employee of the United States or any department or agency thereof, or representing himself to be or assuming to act as such, under color or pretense of office or employment, commits or attempts an act of extortion, shall be fined under this title or imprisoned not more than three years, or both; but if the amount so extorted or demanded does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.