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October 2007

October 17, 2007

Whistleblowers Commended for Their Effectiveness

Major Audit Firm Releases Corporate Crime Survey Results

WASHINGTON, DC. – October 17, 2007. A comprehensive survey of 5,400 corporate executives in 40 nations, released by the financial services firm of Price Waterhouse, found that whistleblowers are the single most effective resource in detecting corporate fraud.

According to the survey, while professional auditors were only able to detect 19% of the frauds on private corporations, whistleblowers exposed 43%. Moreover, the executives surveyed estimated that the whistleblowers saved their shareholders billions of dollars.

“This survey is proof that corporate shareholders directly Whistleblowers Still the Best at Detecting Fraud
benefit from whistleblower disclosures. Instead of firing the whistleblower, this survey demonstrates that corporate culture should change,” Stephen M. Kohn, President of the National Whistleblower Center.

“Congress must do its job and enact comprehensive whistleblower protections. Corporations must change their own operating culture and stop retaliating against honest employee whistleblowers. Who loses when a whistleblower is fired? The taxpayers and the shareholders,” added Kohn.

The Price Waterhouse Survey is consistent with statistics released by the U.S. Department of Justice, demonstrating that employee whistleblowers are responsible for detecting the majority of civil frauds collected by the United States from unscrupulous and dishonest government contractors.

The Price Waterhouse Corporate Crime survey can be found at www.pwc.com/crimesurvey/index.html

From the National Whistleblower Center

October 14, 2007

DSS Is Broken: Defense Contracting Industry Is Out of Control

With all of the information being posted which shows runaway contractors, fraud and corruption in contracts and in contract oversight and management, particularly in the area of defense contracts, it is interesting to note that currently, the Oversight of such contracts is under the purvey of The Defense Security Service (formerly Defense Investigative Service) who’s employees have the charge of fulfilling their agencies assigned mission to “protect classified information and technology in the hands of industry.”  It would appear that DSS is broken and that this critical mission is no longer being accomplished.  (Someone recently contacted me and told me that the new DSS Director bluntly pretty much stated this when she was a guest speaker at a conference recently, although her statement was not included in the audio record of the conference.)  I checked with someone who had access to the laws and policies and found out the following:

The National Industrial Security Program (NISP)

“DoD 5220.22-M, Chapter 1, Para. 1-101- Authority

The NISP was established by Executive Order 12829.  The Secretary of Defense (SecDef) has been designated Executive Agent for the NISP by the President.

While the SecDef serves as the Executive Agent for inspecting and monitoring contractors, practical day-to-day administration of the program has been, and continues to be, the purvey of the Defense Security Service (DSS).

One of the responsibilities of the DSS is the administration of the Facility Clearance (FCL) program of defense contractors.  DoD 5220.22-M, Chapter 2, Para. 2-102- Eligibility Requirements, Sub Para. c. stipulates “The company must have a reputation for integrity and lawful conduct in its business dealings.”

So why isn’t the Secretary of Defense and the Defense Security Service enforcing this requirement?  They have the authority to revoke a defense contractor’s facility clearance and participation in the NISP until that contractor comes into compliance.  It appears to be used very selectively on small defense contractors, but never as a compliance tool in large defense contractor transgressions.”

So, current law does provide legal means to enforce expectations, policies, and laws regarding the actions of defense contractors, but the expectations, policies, and laws are not being enforced.  In fact, over less than a decade, it has become decidedly out of control.  It appears that Congress is going to have to stand up and take this to the mat, or it will never be wrestled back into control.  It would appear the following must be done:

1.  Corruption within and connected to the Executive, Judicial, and Legislative Branches must be confronted and routed.

2.  Government Agencies must also be audited, removing first appointed managers who are either not doing the job required, or who are actively thwarting the employee’s   efforts to do the oversight work ethically.   This will include on an agency-by-agency basis, determining which employees are a part of the problem and those who may be paralyzed victims of the corruption and the corrupted managers and/or coworkers.

3.  Congressional intervention into defense contractor influence pedaling and lobbying wrongdoing must be accomplished and violations of current laws stopped.

4.  The Government needs to step up to its role as the governing authority.  Far too often contractors, defense contractors in particular have much too much influence into decisions that should be inherently governmental decisions.  This is not to say that defense contractors should not have input into the process.  However the final determination of policy needs to squarely rest on the shoulders of government. 

5.  Government employees who have oversight responsibilities must be uncompromised and independent of pressures either directly or indirectly applied from defense contractors or corrupted employees or managers within the government who are “owned” by those contractors.

6.  The defense contracting community is its own best advocate.  It does not need government workers or agencies advocating on its behalf.  The government should not be trying to be the “friend” of industry.  In business dealings, the government and industry, must maintain appropriate separation because of the legal oversight responsibility government has.  There are currently laws and policies, which have been in place a long time to assure that the lines between contractor and oversight authority are clear and clean.  However, those policies have in some cases been corrupted, and in others ignored, and in all cases where problems are evident have not been enforced.

 

Will all of this be easy?  No, although the path that must be taken is clear.  The heaviest weight in responsibility at this time, due to the apparent level of corruption and dysfunction in the Executive and Judicial branches, falls squarely on the shoulders of the Legislative Branch.  The Senate and House of Representatives must stand up and do the right thing for our country. 

Profits, Killer Deals and Conscience

Do consumers need to have ethics?  Greed abounds, getting something for nothing, or selling something for everything are two sirens calling consumers.  Robert Reich discusses the logical consequences of our behavior, and the conflicted state consumers find themselves in as we struggle to route all the corruption.  -GFS

The Conflicted Consumer
    By Robert B. Reich
    Alfred A. Knopf

    Wednesday 26 September 2007

The following is an excerpt from Robert Reich's new book "Supercapitalism: The Transformation of Business, Democracy, and Everyday Life."

    Of Two Minds 

    In recent years, the cheerleaders of American capitalism - denizens of Wall Street, lobbyists on Washington's K Street, the inhabitants of top executive suites and New York penthouses, most Republicans, many economists, editorial writers for the Wall Street Journal, free-marketeers around the world - have had difficulty containing their enthusiasm about the economy. America's gross national product has virtually tripled since the 1970s! The Dow Jones Industrial Average has risen from 1,000 to over 13,000 today! Behold the wondrous innovations and inventions, and the plethora of new products and services! The cheerleaders disdain what they consider to be constraints on further capitalist exuberance - taxes and regulations, labor unions, "Old Europe's" inefficiencies, anything that retards consumer well-being and investor gain.

    But other trends have worried labor leaders, community activists, most Democrats, some economists, many sociologists, editorial writers for the New York Times, trade protectionists, and left-wing populists. Look at all the workers falling behind! The widening inequalities of income and wealth! The instability of jobs! The loss of communities! The destruction of the environment! The trampling of human rights abroad! Conservatives will sometimes join this chorus, especially with regard to the so-called coarsening of American culture and the entertainment industry's seeming obsession with lurid and titillating sex and violence. For these critics, the villains are often greedy CEOs, immoral corporations, and a cabal of wealthy global elites.

    The two stories - Oh the wonder of it! Oh the shame of it! - both describe aspects of 21st-century supercapitalism. But considered separately, each is seriously misleading. Each leaves out the other, which is actually its flip side. Each disdains or blames imaginary forces in opposition, when the qualms are actually inside almost every one of us.

    The awkward truth is that most of us are two minds: As consumers and investors we want the great deals. As citizens we don't like many of the social consequences that flow from them. The system of democratic capitalism in the Not Quite Golden Age struck a very different balance. Then, as consumers and investors we didn't do nearly as well; as citizens we fared better.

    What's the right balance? Are our gains as consumers and investors worth the price we're now paying for them? We have no real way to tell. The old institutions of democratic capitalism, and the negotiations that took place within them, are gone. But no new institutions have emerged to replace them. We have no means of balancing. Our desires as consumers and investors usually win out because our values as citizens have virtually no effective means of expression - other than in heated rhetoric directed against the wrong targets. This is the real crisis of democracy in the age of supercapitalism.


    It has become fashionable in progressive circles to bash Wal-Mart. "My problem with Wal-Mart is that I don't see any indication that they care about the fate of middle-class people," shouted Sen. Joe Biden from the rooftop of the State Historical Society of Iowa building in Des Moines. It was a little more than two years before the 2008 presidential election, and Biden was among a number of Democratic hopefuls who wanted to burnish his credentials as someone who cared about what was happening to American jobs and wages. "They talk about paying them $10 an hour ... How can you live a middle-class life on that?"

    Wal-Mart has become the poster child for all that's wrong with American capitalism, because it replaced General Motors as the avatar of the economy. Recall that in the 1950s and the 1960s, GM earned more than any company on earth and was America's largest employer. It paid its workers solidly middle-class wages with generous benefits, totaling around $60,000 a year in today's dollars. Today Wal-Mart, America's largest company by revenue and the nation's largest employer, pays it employees about $17,500 a year on average, or just under $10 an hour, and its fringe benefits are skimpy - no guaranteed pension and few if any health benefits. And Wal-Mart does everything in its power to keep wages and benefits low. Internal memos in 2005 suggested hiring more part-time workers to lower the firm's health care enrollment and imposing wage caps on longer-term employees so they wouldn't be eligible for raises. Also, as I said earlier, Wal-Mart is aggressively anti-union.

    Wal-Mart's CEO in 2007 was H. Lee Scott, Jr. Scott was no "Engine Charlie" Wilson, who as GM's top executive in the 1950s saw no difference between the fate of the nation and the fate of his company. Scott has a far less grandiose view of Wal-Mart's role. "Some well-meaning critics believe that Wal-Mart stores today, because of our size, should, in fact, play the role that is believed that General Motors played after World War II. And that is to establish this post-World War middle class that the country is proud of," he opined. "The facts are that retail does not perform that role in this economy." Scott was right. The real problem - not of his making - is that almost nothing performs that role any longer.

    The rhetorical debate over Wal-Mart is not nearly as interesting as the debate we might be having in our own heads if we acknowledge what was stake. Millions of us shop at Wal-Mart because we like its low prices. Many of us also own Wal-Mart stock through our pension or mutual funds. Isn't Wal-Mart really being excoriated for our sins? After all, it is not as if Wal-Mart's founder, Sam Walton, and his successors created the world's largest retailer by putting a gun to our heads and forcing us to shop there or to invest any of our retirement savings in the firm.

    Wal-Mart could afford to give its employees better pay and benefits, but would it remain competitive if it did? In 2005 its profit margin on sales was around 3.5 percent. This came to about $6,000 per employee. So at least in theory, Wal-Mart has some maneuverability. If it boosted wages and benefits of all full-time employees by $3.50 an hour, the extra cost would still total less than 3 percent of Wal-Mart's sales in the United States. It could absorb that cost by raising its prices a bit or settling for somewhat lower profits. But few of us as Wal-Mart consumers would be happy to pay the higher prices. We might go elsewhere in search of better bargains. Certainly, few of us as Wal-Mart investors would be pleased with lower profits. We might move our money to where it could earn a higher return. In fact, by 2006, Wal-Mart's profits were showing signs of wearing thin. In the second quarter of 2006, the company reported the first drop in profits in a decade. Apparently customers were finding better deals at some of Wal-Mart's competition, and shareholders were finding better investment opportunities elsewhere. Wal-Mart's stock price, which had risen 1,100 percent in the 1990s, dipped in the 2000s.

    The issue of Wal-Mart's comparatively low pay and benefits - and our tacit complicity as Wal-Mart consumers or investors - pales in importance beside Wal-Mart's effect on the wages and benefits of tens of millions of other workers across the large economy. Here our complicity is more significant. Recall that Wal-Mart gets great deals for us as consumers by squeezing its suppliers. As the biggest single company in the world, Wal-Mart has huge bargaining power. "We expect our suppliers to drive the costs out of the supply chain," a spokesman for Wal-Mart said. Translated: We demand our suppliers squeeze the wages and benefits of the millions of people who work for them in the United States and abroad. If they don't, we'll buy from competitors who will.

    Wal-Mart suppliers could reduce their prices by inventing new products and services that are better than the old, while keeping their payrolls as before. But because payrolls are 70 percent of a typical business' costs, it's almost inevitable that wages and benefits will also be affected. If jobs cost too much here, suppliers will outsource them to China, Southeast Asia, or Mexico; or they'll substitute computers and software for human beings.

    How else do you suppose Wal-Mart can sell detergent at a fraction of the price of a box of Tide? Or televisions for $50 and printers for $30? Or a gallon jar of Vlasic dill pickles - twelve pounds, an entire year's supply - for $2.98? Think of Wal-Mart as a giant steamroller moving across the global economy, pushing down the costs of everything in its path - including wages and benefits - as it squeezes the entire production system. It's because of this big squeeze that bargain hunters who throng Wal-Mart save at least $100 billion a year. Some studies put the savings closer to $200 billion. That comes to more than $600 per family - no small change for the typical Wal-Mart shopper with an average family income of $35,000 in 2005.

    Wal-Mart is the biggest steamroller, but there are lots of others. Because of our increased power as consumers and investors to choose the best and lowest-cost products from a wide array of alternatives, almost every company has had to become its own steamroller. That's why so many prices are lower in real terms and so many products and services are better than they were several decades ago, and why so many more Americans have access to so much more bounty.

    Consumer markets are still far from perfect, of course. Some big companies temporarily preserve monopolies through patents and copyrights, or predatory strategies, to intimidate competitors. Consumers sometimes find it difficult to compare prices or are manipulated into buying things they don't really want - which is why the advertising industry is such a massive part of our economy and why "buyer's remorse" is such a common predicament. Yet, these imperfections notwithstanding, over the last several decades, the market has become more responsive to what consumers want than ever before.

    The proof is in the numbers. (To make the following comparisons meaningful, I've used the value of a dollar in the year 2000.) A color television that cost $2,227 when color TVs were first introduced in the late 1950s cost half that by 1967. By 2000, its cost had dropped to just $175, making it affordable to virtually all American families - including over 90 percent of families with incomes under the poverty line.

    Microwave ovens have followed the same trajectory. In 1955, you had to pay $1,300 for one. By 1967, a standard microwave cost $495. By 2002, it was $208, putting microwaves within easy reach of almost all American families, including 73 percent of the poor. The price of a VCR has dropped at roughly the same pace, eventually allowing some 78 percent of poor families to own one. The price of transistor radio plunged from $228 in 1962 to $15 by 2000; the price of a refrigerator, from $2,932 to $1,000.

    The standard personal computer went from $1,300 in 1998 to $770 in 2003. (Dell Computer, like Wal-Mart, rates each of its suppliers weekly in a cutthroat search for better and cheaper parts.) All the while, PCs have grown more powerful. In 1996, you couldn't do much better than a desktop with a one-gigabyte hard drive. (One gigabyte is roughly the amount of words and data in all the books that can fit into a pickup truck.) Ten years later, one gigabyte could be stored in a portable USB flash drive the size of your index finger. Meanwhile, starting in the 1990s, digital cameras, flat-paneled TVs, external hard drives for backing up data, DVD players, iPods, and wireless routers all emerged and then continued to improve. At each level of quality, they also became cheaper.

    A generation ago, the typical American family owned one car. By 2006, that family had two. A third of American families own three cars or more. This is not particularly good news for the environment or the cause of energy conservation, but it is welcomed by members of a household who no longer have to wait to borrow the family car. The average automobile cost less in real-dollar terms in 2006 than it did in 1982, despite being equipped with air bags, CD players, antilock brakes, and other items considered luxury options in the early 1980s. As we have seen, the Big Three have had to compete harder, and consumers have had many other automakers to choose from.

    In deregulated industries, consumers have done especially well. Trucking rates dropped to 30 percent in real terms between 1980 and 2000 - a savings that affected almost every item shipped long-distance. The cost of long-distance air travel also sank in real terms, making it possible for millions of Americans to fly who couldn't afford to before. The average cost of every hundred passenger miles flown (still using the value of the dollar in the year 2000 as a comparison point) was about $35 in 1960. By 1980, the price had dropped to about $20; by 2000, under $15. In 2005, the average 1,000-mile, one-way flight cost 20 percent less than it did in 2000. One recent study found that in the year 2000, travelers would have paid $20 billion more in higher airfares and less frequent service if Southwest Airlines didn't exist.

    Take a look at your telephone bill and adjust for inflation (still using the dollar's value in 2000). The average monthly base rate for residential phone service remained around $35 through the 1950s and 1960s, but in 1980 was down to $18. In 1983, in the wake of deregulation, MCI charged 37 cents for a one-minute call between St. Louis and Atlanta, while the Bell System was still charging its old rate of 62 cents; Bell's rates dropped to meet the competition. The price of telephone equipment also dropped. After AT&T wrung wage concessions out of Western Electric Co. employees in 1983, the cost of a standard phone fell by nearly a third. Long-distance rates also took a dive. In the 1950s, it cost about $15 to make a ten-minute daytime phone call to someone over 200 miles away. By 2000, that same call cost $8.50. Telecom revenue per minute plummeted from almost $1.50 in 1980 to less than 25 cents in 2003. I now call friends in Europe and Asia over the Internet for free.

    Not everything has become cheaper in real terms, of course. The price of health care has skyrocketed. But that's partly because competition for consumer and investor dollars has unleashed a wave of medical devices and new drugs. The result is better health for most people. When I was born in 1946, the typical American was expected to live 66.7 years. (Hence, Social Security, which kicked in at sixty-five, was not such a great deal.) Someone born in 2006 can expect to live eighty years. Old age is not what it used to be, either. Forty years ago, people in their sixties spent their days in rocking chairs and at card tables. Today many people in their seventies and eighties travel, enjoy an active sex life, and play sports. My father, at the age of ninety-three, plays golf three times a week.

    Surgery has become easier and more successful. Twenty years ago I could hardly walk; then I had both hips replaced, and now walking is a cinch. The incidence of heart disease leading to death is 60 percent lower than it was in 1950 (adjusted for the increasing size of the population). Cancer mortality is also down. Infant mortality has dropped 44 percent since 1980, according to the Centers for Disease Control. Through new drugs, millions of people who suffered from chronic pain have found relief, millions more have been lifted out of depression, people with AIDS have been given their lives back.

    The health care system still has problems, of course. It is wildly inefficient. Our bad eating habits have created an epidemic of obesity. Forty-seven million Americans have no health insurance and have to use hospital emergency rooms when something goes seriously wrong. Nonetheless, most of us are still far healthier than we were four decades ago.

    Homes are more expensive, too, but generally larger and better equipped. Air-conditioning is standard in warm climates; central heating, in cool ones. The cost of a college education is sharply up, but I cannot justify the increase, although I have taught in several fine institutions of higher learning. Higher education is a uniquely hidebound industry whose economics largely defy rational explanation.


    Capital markets - including stock exchanges, banks, and other financial institutions, and money market funds - are far more efficient than they were decades ago, though still far from perfect. Stock prices reflect anticipated earnings rather than present ones, and investors sometimes make large collective mistakes - as many of us did at the end of the 1990s by investing in the Internet bubble and then suffering the consequences when it burst in 2000. Companies can mask problems through fancy accounting, at least for a time, as did the executives of Enron. The mutual funds and pension funds we entrust our money to don't always represent our best interests, especially if they have lucrative relationships with the same companies they invest in on our behalf. And Wall Street takes a famously myopic view of the future, looking at quarter-to-quarter results rather than longer-term performance.

    Yet for all of this, investors have triumphed, just as consumers have. Capital markets are the most sensitive barometers available for gauging how well executives are squeezing value out of what they control in order to reward us as investors. Again, the proof is in the numbers. As the old oligopolistic system gave way to competition - allowing financial entrepreneurs to squeeze companies for higher profits - share values took off. The Dow Jones Industrial Average reached 1,000 on November 14, 1972. On January 8, 1987, it reached 2,000. On April 17, 1991, it broke 3,000. It hit 4,000 on February 23, 1995; 8,000 on July 16, 1997; 11,000 on May 3, 1999. It dropped when the Internet bubble burst but then bounced back and reached 12,000 on October 19, 2006, then 13,000 on April 25, 2007. Even though each milestone became progressively easier to reach and even though some investment proved to be speculative, investors nonetheless have become far wealthier.

    This colossal increase in wealth was not the result of Ronald Reagan' supply-side tax cuts, as some conservative economists continue to believe. The Dow accelerated after the first George Bush and Bill Clinton both raised taxes. It has mostly reflected the increased capacities of companies to generate profits, as they have moved along the road to supercapitalism. Top executives have had strong incentives to be more efficient: We as consumers have threatened to take our business elsewhere unless they do things as efficiently as possible, and we as investors have threatened to take our money elsewhere unless they show a good return on our investments. The pressure we have applied - through consumer intermediaries like Wal-Mart or investor intermediaries on Wall Street - has resulted in remarkable wealth for successful CEOs and financial entrepreneurs, as we shall examine, or sudden job loss for the unsuccessful, as we have already seen.

    By the late 1990s, most American households had become shareholders, putting retirement savings into the stock market or within 401(k) plans or other pension savings plans. The typical shareholder only owns roughly $5,000 worth, but that is enough to get hr to pay exquisite attention to whether the Dow is trending up or down. The financial pages, which used to be read exclusively by the very rich, now rival the sports pages in provoking general interest.

    Intensifying competition for us as consumers and investors has made the entire economy more productive. In order to be successful, CEOs and financiers have had to move money, machinery, factories, and other assets to where they can be most valuable. They've also had to invest in better products and services, and cheaper ways of making or delivering them. And of course they have moved, demoted or promoted, or laid off millions of people. As a result of all this, between 1973 and 2006, the gross domestic product of the United States tripled in size, adjusted for inflation. Economists calculate that, during these years. productivity increased by roughly 80 percent. In 2006, American workers were producing over 30 percent more every hour than they did only a decade before.

    As economic power has shifted to consumers and investors, and away from large corporations and unionized workers, inflation has become far tamer. In the Not Quite Golden Age, big business and big labor negotiated pay packages that set prevailing wages throughout much of the economy. Now, hourly workers have little power to demand and get more pay, and most companies likewise have little power to raise prices. That means the entire economy can run faster and at a lower level of unemployment, without much risk that wages and prices will spiral out of control. The overall economy is sufficiently productive and flexible so that there's less risk of inflation when demand picks up. Alan Greenspan, as has been noted, understood this reality earlier than most.


    But most of us are not just consumers and investors. We also work for a living. If our wages and benefits are not growing at the same rate the economy is growing overall, we are likely to feel we're not making progress.

    Unless we are committed narcissists, our concerns are not limited to our own jobs, wages, and benefits. Many of our parents work or our children work, as do our siblings and their children, our friends and colleagues and their parents or children. Economics, as a discipline, focuses on a domain of personal concern strictly bounded by what analysts in government statistical agencies define as one's "family" or "household." But such categories are arbitrary. The capacity of human beings to empathize - to feel responsibility, loyalty, and simple human connection - extends far beyond them.

    We're also members of communities, participants in the life our neighborhoods, members of a democracy, patriots. Some of us would willingly die for our country. Standard economic models have little to say about any of these altruistic sentiments. Yet as citizens, we may care a great deal if most people's jobs are insecure and wages are stagnant, and if a relatively small number of people have cornered most of the nation's wealth. We may also worry that our Main Streets are disappearing because small retailers can no longer compete with big-box retailers. We may be upset that companies are spewing gunk that causes global warming, or trampling human rights abroad, or pandering to our basest instincts for sexual titillation and violent thrill, or trying to fill our children's stomachs (and perhaps our own) with junk food.

    Here, too, the boundary between enlightened self-interest and broad empathy is blurry. For example, I want to see poor people educated and part of the work force - if they are not, crime will rise and more likely threaten my loved ones; one of my grown children or I could be mugged by a poor kid who thinks he has no future in the legitimate economy. Similarly, I'm concerned about the loss of Main Street not only because I care about small retailers, but because I used to enjoy strolling along it. Global warming not only threatens the planet, but it also threatens to erode the beaches I love to walk on. I don't want the Internet to carry so much easily accessible pornography because I don't want my grandchildren watching it.

    These issues of economic security, social equity, community, our shared environment, and common decency were central to democratic capitalism as we knew it in the Not Quite Golden Age. They were - and still are - concerns to us in our capacity as citizens. But as power has shifted to us as consumers and investors, these issues have been eclipsed. We've entered into a Faustian bargain. Today's economy can give us great deals largely because it punishes us in other ways. We can blame big corporations, but we've mostly made this bargain with ourselves.

    After all, where do we suppose the great deals come from? In part they come from lower payrolls - from workers who have to settle for lower wages and benefits, or have to get new jobs that often pay less. They also come from big-box retailers that kill off Main Streets because they undercut prices charged by independent retailers there. They come from companies that shed their loyalties to particular communities and morph into global supply chains paying pennies to twelve-year-olds in Indonesia. They come from CEOs who are paid exorbitantly; from companies all over the world who wreak havoc on the environment; and, in some instances, from companies that pump out violence or porn or nutritionless foods and beverages.

    You and I are complicit. As consumers and investors, we make the whole world run. Markets have become extraordinarily responsive to our wishes - more so all the time. Yet most of us are of two minds, and it is the citizens in us that has become relatively powerless. Supercapitalism is triumphant. Democratic capitalism is not.


    Robert Reich is professor of public policy at the Richard and Rhoda Goldman School of Public Policy at the University of California, Berkeley. He was secretary of labor in the Clinton administration.

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US Contractors in Iraq Profit from Third-World Labor

US Contractors in Iraq Rely on Third-World Labor
    By Guy Raz
    All Things Considered, NPR

    Wednesday 10 October 2007

    If you thought all contractors in Iraq were gun-toting American mercenaries, think again. Only a fraction of the estimated 180,000 contractors working on behalf of the U.S. government are security contractors - and the overwhelming majority aren't even from the U.S.

    Consider Salim Khan, a dishwasher at a forward operating base in the volatile Iraqi province of Diyala. For about $1.25 an hour, the Pakistan native will work two years for a Saudi-based food-services firm, Tamimi.

    Tamimi is a subcontractor to KBR, which itself was, until recently, a subsidiary of Halliburton, the mega-corporation that has won most of the big money contracts in Iraq.

    Across the heavily fortified American bases in Iraq, men and women like Salim Khan cook the food, clean the dishes, chop the vegetables, take out the garbage and clean the latrines.

    In military parlance, they're known as "TCNs" or "third country nationals," but they might as well be called third-world nationals. Most of the cheap U.S. labor in Iraq comes from places like India, Nepal, Sri Lanka, Bangladesh, the Philippines and India. The average wage for these workers is about $20 a day; most work 12-hour shifts, seven days a week.

    The Pentagon and the State Department, under fire for the use of security contractors, have largely ignored the issue of fair labor practices among its contractors and subcontractors in Iraq and Afghanistan. Defense Secretary Robert Gates recently noted contractors "take the place of soldiers" to do other, more pressing work.

    Iraq is the first war in history where contractors have played a large role. About a half a million people, including contractors, troops and U.S. government civilians, work on behalf of the Iraq mission.

    Security Duty

    In many of the fortress-like U.S. bases in Iraq, Ugandan soldiers pull security duty. Many American military officers confuse these Ugandans with members of the "coalition of forces" fighting the global "war on terror." But in fact, they're paid private security guards.

    An estimated 1,500 Ugandans work for an American security firm called Special Operations Consulting-Security Management Group (SOC-SMG). The company is based in Minden, Nev., and was founded by two ex-Navy SEALs. Over the past two years, SOC-SMG has racked up nearly $30 million in Pentagon contracts in Iraq alone.

    SOC-SMG is now the target of litigation in Uganda among former employees, many of whom claim they were misled about the amount of money they would be paid. The average Ugandan guard will earn about $3.33 an hour, leaving the bulk of the rest of the contract money in the hands of their American employers.

    SOC-SMG disputes the claims and says it will fight the litigants in court.

    Green Beans Coffee

    For Green Beans Coffee, the war has also been good for business. The California-based company now ranks among Inc. magazine's top 500 fastest-growing private companies in America. Since Sept. 11, 2001, its growth rate has exceeded an astonishing 1,400 percent.

    The company has a virtual monopoly on quality coffee at the more than 55 U.S. military installations across the Middle East, including in Iraq and Afghanistan.

    Green Beans Coffee prides itself on "sustainability." In press releases, the company boasts about annual contributions it has made to charities such as the Pat Tillman fund.

    Earlier this year, Ernst & Young awarded the company an award for "corporate social responsibility."

    But what sets Green Beans apart from its U.S. competitors is cheap labor: Almost all of Green Beans' employees worldwide come from third world countries.

    Green Beans' products, on the other hand, aren't cheap: A double latte and a muffin will cost an enlisted U.S. soldier about 15 percent of his or her average daily salary.

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More Whistleblower Stories - TSA

Flying Into Career Troubles

By Ron Marsico

The New Jersey Star Ledger

Sunday October 14, 2007, 1:48 p.m.

When security breaches are exposed at airports around the country, the information frequently comes from TSA screeners or supervisors who see the problems first-hand, but making these disclosures often comes at a devastating personal cost, including harassment, reassignment, suspension and termination.

A total of 79 U.S. Transportation Security Administration employees have filed complaints since 2002 alleging retaliation by agency officials after disclosing shortcomings in aviation security, according to the U.S. Office of Special Counsel, the body responsible for investigating federal employees' claims of whistleblower retaliation.

"Once they know you're going to stand up and question their authority ... you're history," said James Griffin, a TSA lead screener dismissed at Long Island's MacArthur Airport after telling a congressman that screener shortages jeopardized passenger safety. "They will make it their business to make sure you leave -- one way or the other."

Agency employees and critics say TSA screeners suffer a double-whammy: Federal regulations prohibit them from discussing agency operations with unauthorized individuals, including the media. But even telling their bosses about problems exposes the nation's 43,000 checkpoint and baggage screeners to retaliation because they are not covered by the federal Whistleblower Protection Act.

Retaliation, they say, came whether the disclosure was made to the media, a direct supervisor, further up the appropriate chain-of-command or to the inspector general of the U.S. Department of Homeland Security, which oversees TSA.

TSA officials call the allegations unfounded and say their practices keep critical information out of the hands of terrorists. Few cases, they say, have resulted in findings by the Office of Special Counsel that employees' rights were violated by the TSA.

"TSA has always cooperated and worked closely with OSC to ensure whistleblowers are protected," Christopher White, a TSA spokesman, wrote in an e-mail response. "All allegations of reprisal are taken seriously by TSA."

White, however, said the TSA must ensure critical agency policies and procedures are "safeguarded in order to prevent harm to the nation because release of the information could threaten national security."

The following TSA employees say they have been punished following disclosures about TSA security lapses. TSA officials declined to comment on each case:

>>> James Griffin, Lead Screener, at Long Island's MacArthur Airport:

Griffin, 49, went to a local congressman in the summer of 2003 to warn a proposed cut of screeners at already short-handed MacArthur Airport would hurt security. After the cuts were canceled, he appeared on television with the congressman and other employees.

Griffin says TSA officials tried to find evidence he falsified overtime records, wrote him up for lateness and accused him of sleeping on duty. He was suspended in February 2004 and fired in July 2004 for alleged inattention to duty.

The U.S. Office of Special Counsel (OSC) did not take his case, said Griffin, adding, "I stood up for what I felt was the right thing."

>>> Bogdan Dzakovic, Principal Security Inspector at the TSA's Virginia headquarters:

Dzakovic was a member of the Federal Aviation Administration's Red Team, which found serious problems with private airport screening before 9/11 during undercover checkpoint tests. He said the team's warnings went unheeded by authorities and he obtained federal whistleblower protection after 9/11.

After transferring to TSA, Dzakovic accused his new agency of giving him insignificant duties as punishment for his whistleblower status. At one point he had no duties; at another he was on the graveyard shift answering phones.

In March 2003, then-OSC special counsel Elaine Kaplan praised Dzakovic for having "brought public attention to issues of great national importance" and urged TSA officials "to take advantage of his expertise and insight into aviation security matters," according to an agency press release at the time.

More than four years later, Dzakovic said, his situation is only somewhat improved.

"I'm basically doing work that a high school kid could do," he said. He said his title of principal security inspector "may sound significant, but it's a bunch of hooey."

>>> Scott McHugh, Federal Security Director at Washington Dulles International Airport:

In June 2003, McHugh wrote an e-mail to East Coast colleagues, warning that screeners at Dulles were only able to screen 57 percent of checked luggage for explosives and the hub was losing at least one screener a day, according to a story then by the Washington Post.

"Up until now, we have been able to hide this fact from the public (and any terrorist surveillance teams)," McHugh said in the e-mail obtained by the Post. "We cannot wait any longer, we need to hire or transfer people here NOW!"

Within weeks, McHugh suddenly resigned.

Efforts to locate McHugh, now 54, for comment were unsuccessful. A message left with a relative was not returned.

>>> Robert Cravens, TSA Screener at Honolulu International Airport in Hawaii:

Cravens, 54, a former Chicago area police officer, says he was awarded a TSA certificate of excellence and a $400 bonus before his troubles began at the airport, where he worked from February 2004 until June 2006.

He said he reported various problems with screening procedures, including unqualified personnel working on X-ray machines and improper pat downs of passengers. He also contended the agency improperly stored hazardous materials, such as confiscated cigarette lighters.

Cravens said he even appeared in "full TSA uniform" on a local newscast to warn passengers of security risks. Afterward, he said he was written up for "unprofessional conduct" and subsequently suspended.

TSA officials "just watched every move I made," said Cravens, who quit for another job. He said he does not like the term whistleblower.

"I prefer to be called a lamplighter," he said. "A lamplighter lights the way for those who are in darkness."

>>> P. Jeffrey Black, Federal Air Marshal in Las Vegas:

Black, 44, was quoted in an April 2006 United Press International story about how federal air marshals' anonymity was being jeopardized by airline layover flight reboarding procedures.

He was eventually summoned by TSA agents to discuss the matter.

In the UPI article, Black declined to specifically discuss a leaked policy directive about boarding protocol for marshals, because it contained "sensitive security information." But he told UPI that marshals "are boarded at the whim of the individual airline employees," causing inconsistencies and friction.

"I basically shut them down," asserted Black, telling the agents they were not permitted to ask him "about any off-duty activity that doesn't have a nexus to the workplace."

Finally, Black said they raised a question he deemed relevant: Did he leak the directive with "sensitive security information" to the reporter?

"No, I didn't," Black said he responded. "Is this interrogation over now?"

Black said he has "continually received retaliation" from TSA officials since testifying about air marshals' concerns before a congressional committee in 2004.


TSA declined to comment on Black's case.

http://www.nj.com/news/index.ssf/2007/10/flying_into_career_troubles.html

Bush Demands Immunity for Telecoms-illegal wiretaps info.

Bush Pushes for Telecom Immunity
    The Associated Press

    Wednesday 10 October 2007

    Washington - President Bush said Wednesday that he will not sign a new eavesdropping bill if it does not grant retroactive immunity to U.S. telecommunications companies that helped conduct electronic surveillance without court orders.

    A proposed bill unveiled by Democrats on Tuesday does not include such a provision. Bush, appearing on the South Lawn as that measure was taken up in two House committees, said the measure is unacceptable for that and other reasons.

    "Today the House Intelligence and Judiciary committees are considering a proposed bill that instead of making the Protect America Act permanent would take us backward," the president said.

    Bush wants legislation that extends and strengthens a temporary bill passed in August. Democrats want a bill that rolls back some of the new powers it granted the government to eavesdrop without warrants on suspected foreign terrorists.

    Under pressure to close what Bush officials called a dangerous gap in intelligence collection, Congress hastily passed a the temporary bill before leaving Washington for a summer break. Democratic leaders in Congress set the law to expire in six months so that it could be fine-tuned, and civil liberties groups are saying the changes they've already legislated gave too much new latitude to the administration and provided too little protection against government spying on Americans without oversight.

    The 1978 Foreign Intelligence Surveillance Act governs when the government must obtain eavesdropping warrants from a secret intelligence court.

    This year's update to the law allows the government to eavesdrop without a court order on communications conducted by a person reasonably believed to be outside the U.S., even when the communications flow through the U.S. communications network - or if an American is on one end of the conversation - so long as that person is not the intended focus or target of the surveillance. The Bush administration said this was necessary because technological advances in communications had put U.S. officials at a disadvantage.

    The original law generally prohibited surveillance inside the U.S., unless a court first approved it.

    Seeking to increase the pressure on the Democratic-controlled Congress, Bush said the update has already been effective, with intelligence professionals able "to gather critical information that would have been missed without this authority."

    "Keeping this authority is critical to keeping America safe," he said.

    The temporary law requires court review, but only four months after the fact and only involving the administration's general process of collecting the intelligence, not individual cases. Until then, the director of national intelligence and the attorney general would oversee and approve the process of targeting foreign terrorists.

    Setting a collision course with the administration, the Democratic bill would provide greater jurisdiction to the secret FISA court.

    If the government wants to eavesdrop on a foreign target or group of targets located outside the United States, and there is a possibility they will be communicating with Americans, the government can get an "umbrella" or "blanket" court order for up to one year. In an emergency, the government could begin surveillance without a blanket order as long as it applies for court approval within seven days, under the Democratic bill.

    A top Democratic leader opened the door on Tuesday to allowing an immunity provision. But House Majority Leader Steny Hoyer, D-Md., said the Bush administration must first detail what the companies did. About 40 pending lawsuits name telecommunications companies for alleged violations of wiretapping laws.

    Bush detailed criteria that the bill must meet before he would sign it, including the immunity provision and the broad requirement that it "ensure that protections intended for the American people are not extended to terrorists overseas who are plotting to harm us."

    "Congress must make a choice," he said. "Will they keep the intelligence gap closed by making this law permanent. Or will they limit our ability to collect this intelligence and keep us safe, staying a step ahead of the terrorists who want to attack us."

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The People vs. the Profiteers

This is a great article in www.truthout.org.  It is too long to post here, so I include the link.

http://www.truthout.org/docs_2006/100807A.shtml

It deals with the people who've tried to be whistleblowers about the gross fraud and corruption they've witnessed with Halliburton and KBR in the Middle East. 

Please support Truthout if you can!

GFS

A Freedom of Speech Quote to Consider...

This was sent to me today.  I  post without further comment.  GFS

Freedom of speech - Use it or lose it

”When they took away the 4th Amendment,
we were quiet,
because we didn't deal drugs.

When they took away the 6th Amendment,
we were quiet,
because we were innocent.

When they took away the 2nd Amendment,
we were quiet,
because we don't own guns.

Now they are taking away the 1st Amendment,
and very soon,
if we continue to be quiet,
we will have no choice,
but to be continue to be quiet.”

-John Perna

America First, Yahoo Whistleblower Group

More on our government's illegal activities including surveillance

I found this article this morning.  It would seem that the parade continues on…

-GFS

Spies, Lies and FISA
    The New York Times | Editorial

    Sunday 14 October 2007

    As Democratic lawmakers try to repair a deeply flawed bill on electronic eavesdropping, the White House is pumping out the same fog of fear and disinformation it used to push the bill through Congress this summer. President Bush has been telling Americans that any change would deny the government critical information, make it easier for terrorists to infiltrate, expose state secrets, and make it harder "to save American lives."

    There is no truth to any of those claims. No matter how often Mr. Bush says otherwise, there is also no disagreement from the Democrats about the need to provide adequate tools to fight terrorists. The debate is over whether this should be done constitutionally, or at the whim of the president.

    The 1978 Foreign Intelligence Surveillance Act, or FISA, requires a warrant to intercept international communications involving anyone in the United States. A secret court has granted these warrants quickly nearly every time it has been asked. After 9/11, the Patriot Act made it even easier to conduct surveillance, especially in hot pursuit of terrorists.

    But that was not good enough for the Bush team, which was determined to use the nation’s tragedy to grab ever more power for its vision of an imperial presidency. Mr. Bush ignored the FISA law and ordered the National Security Agency to intercept phone calls and e-mail between people abroad and people in the United States without a warrant, as long as "the target" was not in this country.

    The president did not announce his decision. He allowed a few lawmakers to be briefed but withheld key documents. The special intelligence court was in the dark until The Times disclosed the spying in December 2005.

    Mr. Bush still refused to stop. He claimed that FISA was too limiting for the Internet-speed war against terror. But he never explained those limits and rebuffed lawmakers’ offers to legally accommodate his concerns.

    This year, the administration found an actual problem with FISA: It requires a warrant to eavesdrop on communications between foreigners that go through computers in the United States. It was a problem that did not exist in 1978, and it had an easy fix. But Mr. Bush’s lawyers tacked dangerous additions onto a bill being rushed through Congress before the recess. When the smoke cleared, Congress had fixed the real loophole, but also endorsed the idea of spying without court approval. It gave legal cover to more than five years of illegal spying.

    Fortunately, the law is to expire in February, and some Democratic legislators are trying to fix it. House members have drafted a bill, which is a big improvement but still needs work. The Senate is working on its bill, and we hope it will show the courage this time to restore the rule of law to American surveillance programs.

    There are some red lines, starting with the absolute need for court supervision of any surveillance that can involve American citizens or others in the United States. The bill passed in August allowed the administration to inform the FISA court about its methods and then issue blanket demands for data to communications companies without any further court approval or review.

    The House bill would permit the government to conduct surveillance for 45 days before submitting it to court review and approval. (Mr. Bush is wrong when he says the bill would slow down intelligence gathering.) After that, ideally, the law would require a real warrant. If Congress will not do that, at a minimum it must require spying programs to undergo periodic audits by the court and Congress. The administration wants no reviews.

    Mr. Bush and his team say they have safeguards to protect civil liberties, meaning surveillance will be reviewed by the attorney general, the director of national intelligence and the inspectors general of the Justice Department and the Central Intelligence Agency. There are two enormous flaws in that. The Constitution is based on the rule of law, not individuals; giving such power to any president would be un-American. And this one long ago showed he cannot be trusted.

    Last week, The Times reported that the C.I.A. director, Gen. Michael V. Hayden, is investigating the office of his agency’s inspector general after it inquired into policies on detention and interrogation. This improper, perhaps illegal investigation sends a clear message of intimidation. We also know that the F.B.I. has abused expanded powers it was granted after 9/11 and that the former attorney general, Alberto Gonzales, systematically covered up the president’s actions with deliberately misleading testimony.

    Mr. Bush says the law should give immunity to communications companies that gave data to the government over the last five years without a court order. He says they should not be punished for helping to protect America, but what Mr. Bush really wants is to avoid lawsuits that could uncover the extent of the illegal spying he authorized after 9/11.

    It may be possible to shield these companies from liability, since the government lied to them about the legality of its requests. But the law should allow suits aimed at forcing disclosure of Mr. Bush’s actions. It should also require a full accounting to Congress of all surveillance conducted since 9/11. And it should have an expiration date, which the White House does not want.

    Ever since 9/11, we have watched Republican lawmakers help Mr. Bush shred the Constitution in the name of fighting terrorism. We have seen Democrats acquiesce or retreat in fear. It is time for that to stop.

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From Truthout.org.  Please support Truthout!   

Former Quest CEO Nacchio Turns Whistleblower

Sometimes things just get so convoluted, it is hard to sort out the truth.  This article seems to indicate that the truth about the telecoms activities in cooperation with certain government agencies may be near the surface finally. 

Joseph P. Nacchio, whistleblower, indicates that certain elements of the U.S. government asked for cooperation in an illegal wiretapping activity, and offered large contracts as payment for cooperation.  Mention also is made of no-bid contracts also granted by certain U.S. government entities.  The corruption continues…

-GFS

Former CEO Says NSA Punished Phone Firm
    By Ellen Nakashima and Dan Eggen
    The Washington Post

    Saturday 13 October 2007

Qwest called program illegal, records show.

    A former Qwest Communications International executive, appealing a conviction for insider trading, has alleged that the government withdrew opportunities for contracts worth hundreds of millions of dollars after Qwest refused to participate in an unidentified National Security Agency program that the company thought might be illegal.

    Former chief executive Joseph P. Nacchio, convicted in April of 19 counts of insider trading, said the NSA approached Qwest more than six months before the Sept. 11, 2001, attacks, according to court documents unsealed in Denver this week.

    Details about the alleged NSA program have been redacted from the documents, but Nacchio's lawyer said last year that the NSA had approached the company about participating in a warrantless surveillance program to gather information about Americans' phone records.

    In the court filings disclosed this week, Nacchio suggests that Qwest's refusal to take part in that program led the government to cancel a separate, lucrative contract with the NSA in retribution. He is using the allegation to try to show why his stock sale should not have been considered improper.

    Nacchio was convicted for selling shares of Qwest stock in early 2001, just before financial problems caused the company's share price to tumble. He has claimed in court papers that he had been optimistic that Qwest would overcome weak sales because of the expected top-secret contract with the government. Nacchio said he was forbidden to mention the specifics during the trial because of secrecy restrictions, but the judge ruled that the issue was irrelevant to the charges against him.

    Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts.

    The allegations could affect the debate on Capitol Hill over whether telecoms sued for disclosing customers' phone records and other data to the government after the Sept. 11 attacks should be given legal immunity, even if they did not have court authorization to do so.

    Spokesmen for the Justice Department, the NSA, the White House and the director of national intelligence declined to comment, citing the ongoing legal case against Nacchio and the classified nature of the NSA's activities. Federal filings in the appeal have not yet been disclosed.

    In May 2006, USA Today reported that the NSA had been secretly collecting the phone-call records of tens of millions of Americans, using data provided by major telecom firms. Qwest, it reported, declined to participate because of fears that the program lacked legal standing.

    In a statement released after the story was published, Nacchio attorney Herbert Stern said that in fall 2001, Qwest was approached to give the government access to the private phone records of Qwest customers. At the time, Nacchio was chairman of the president's National Security Telecommunications Advisory Committee.

    "Mr. Nacchio made inquiry as to whether a warrant or other legal process had been secured in support of that request," Stern said. "When he learned that no such authority had been granted and that there was a disinclination on the part of the authorities to use any legal process, including the Special Court which had been established to handle such matters, Mr. Nacchio concluded that these requests violated the privacy requirements of the Telecommunications Act."

    Stern could not be reached for comment yesterday. Another lawyer for Nacchio, Jeffrey Speiser, declined to comment on whether the call-records program was the program discussed at the February 2001 meeting.

    In a May 25, 2007, order, U.S. District Judge Edward W. Nottingham wrote that Nacchio has asserted that "Qwest entered into two classified contracts valued at hundreds of millions of dollars, without a competitive bidding process and that in 2000 and 2001, he participated in discussion with high-ranking [redacted] representatives concerning the possibility of awarding additional contracts of a similar nature." He wrote, "Those discussions led him to believe that [redacted] would award Qwest contracts valued at amounts that would more than offset the negative warnings he was receiving about Qwest's financial prospects."

    The newly released court documents say that, on Feb. 27, 2001, Nacchio and James Payne, then Qwest's senior vice president of government systems, met with NSA officials at Fort Meade, expecting to discuss "Groundbreaker," a project to outsource the NSA's non-mission-critical systems.

    The men came out of the meeting "with optimism about the prospect for 2001 revenue from NSA," according to an April 9, 2007, court filing by Nacchio's lawyers that was disclosed this week.

    But the filing also claims that Nacchio "refused" to participate in some unidentified program or activity because it was possibly illegal and that the NSA later "expressed disappointment" about Qwest's decision.

    "Nacchio said it was a legal issue and that they could not do something that their general counsel told them not to do. . . . Nacchio projected that he might do it if they could find a way to do it legally," the filing said.

    Mike German, policy counsel for the American Civil Liberties Union, said the documents show "that there is more to this story about the government's relationship with the telecoms than what the administration has admitted to."

    Kurt Opsahl, senior staff attorney for the Electronic Frontier Foundation, said: "It's inappropriate for the government to be awarding a contract conditioned upon an agreement to an illegal program. That truly is what's going on here."

    The foundation has sued AT&T, charging that it violated privacy laws by cooperating with the government's warrantless surveillance program.

    --------