No. 279, May 20 - 26, 2004

SECCIÓN EN ESPAÑOL

NATIONAL NEWS





To read an article, click on the headline.


Analysis: Fear for sale

Diebold critics win big California victory,
but time is running out

Rumsfeld accused on abuse

American Indians take charge of healing

United States of America vs.
Greenpeace, Inc. case dismissed

Pfizer drug scam whistleblower
gets $26 million payout





Analysis: Fear for sale

By Greg Palast

May 12 — Sept. 11, 2001 was Derek Smith’s lucky day. There were all those pieces of people to collect — tubes marked “DM” (for “Disaster Manhattan”) — from which his company would extract DNA for victim identification, work for which the firm would receive $12 million from New York City’s government.

As for the $12 million corpse identification fee, that’s chump change to the $4 billion corporation Smith had founded only four years earlier, ChoicePoint of Alpharetta, Georgia, a suburb of Atlanta.

For ChoicePoint, with its 15 billion plus records on every living and dying being in the United States, Ground Zero would become a profit center lined with gold. Contracts would gush forth from War on Terror fever not hurt by the fact that ChoicePoint did something for George W. Bush that the voters would not: select him as our president.

Here’s how they did it. Before the 2000 election, Choice-Point unit Database Technologies, under a $4 million no-bid contract under the control of Florida Secretary of State Katherine Harris, was paid to identify felons who had illegally registered to vote. The ChoicePoint outfit altogether fingered 94,000 Florida residents. As it turned out, less than 3,000 had a verifiable criminal record; almost everyone on the list had the right to vote. The tens of thousands of “purged” citizens had something in common besides their innocence: The list was, in the majority, made up of African Americans and Hispanics, overwhelmingly Democratic voters. And that determined the race in which Harris named Bush the winner by 537 votes.

270 million suspects

But before ChoicePoint’s miles of files on Americans could become a wartime weapon, the US had to change radically. That change was announced by President Bush: On Sept. 11, we Americans were the victims of the terrible attack.

By Sept. 12, we became the suspects.

Not one single US citizen hijacked a plane, yet President Bush and Attorney General John Ashcroft, through powers seized then codified in the USA PATRIOT Act, fingered 270 million of us for surveillance, for searches, for tracking, for watching.

To say that ChoicePoint is in the “data” business is to miss their market concept utterly: These guys are in the Fear Industry. Secret danger lurks everywhere. Al Qaida’s just the tip of the iceberg. What about the pizza delivery boy? ChoicePoint hunted through a sampling of them and announced that 25 percent had only recently come out of prison. “What pizza do you like?” asks CEO Smith. “At what price? Are you willing to take the risk?…”

ChoicePoint also has a product to calm the fears of mothers panicked by the stories on Geraldo of child-snatching cults: “ChoicePoint Cares.” That’s the name of the corporation’s DNA identification program to help reunite kids on milk cartons with their parents.

Computer Prozac

Underneath ChoicePoint Cares, Ground Zero identification work, and pizza-man rapist hunts lies the sales pitch of panic. For a jittery nation, ChoicePoint has the computer Prozac: DNA databases and criminal history certification so you won’t be taken hostage by child-napping hijackers who deliver your pepperoni-and-double-cheese pie. The company wants to remove your discomfort at their entry into your bank records and bloodstream; to convince you to want them to hold the info on you and your children; to encourage you to think of their recording your every move as protection, not intrusion, the security of a kindly big brother to watch over you.

The company insisted to my research team that they only track DNA of criminals and missing kids. But an insider at ChoicePoint says the chairman told him about a longer-term plan. “Derek [Smith] said that it is his hope to build a database of DNA samples from every person in the United States,” from birth to death and beyond linked to all other data on a person. The plan, said the source, is for now kept under wraps because Smith expects “resistance” from the public.

Until Sept. 11, the Fear Industry had a tough sell. The national mood was “What, me worry?”

Sept. 11 let it all out of the cupboard: Total Information Awareness (TIA), USA PATRIOT, not to mention plans for a couple of wars, all drafted long before the attack.

The third ring

In Hollywood, Jack Nicholson picked up the zeitgeist: “If I were an Arab American I would insist on being profiled. This is not the time for civil rights.”

But is our new imitation KGB spending our cyberspy budget to make us truly safer?

I had hoped so, until a “little birdie” faxed me what appeared to be confidential pages from ChoicePoint’s contract with John Ashcroft’s Justice Department. A no-bid $67-million deal offered profiles on any citizen in half a dozen nations. The choice of citizens to spy on caught my eye. While the Sept. 11 hijackers came from Saudi Arabia, Egypt, Lebanon and the United Arab Emirates, ChoicePoint’s menu offered records on Venezuelans, Brazilians, Nicaraguans, Argentinians and Mexicans.

What do these nations have in common besides a lack of involvement in the Sept. 11 attacks? Coincidentally, each is in the throes of major electoral contests in which the leading candidates — presidents Luiz Ignacio “Lula” da Silva of Brazil, Néstor Kirchner of Argentina and Mexico City mayor Andres Lopez Obrador — have had the nerve to challenge the globalization demands of George Bush.

When Mexico discovered ChoicePoint had its citizen files, the nation threatened company executives with criminal charges. ChoicePoint protested its innocence and offered to destroy the files of any nation that requests it.

But ChoicePoint, apparently, presented no such offer to the government of Venezuela, home of President Hugo Chavez.

Hugo Chávez drives George Bush crazy. Maybe it’s jealousy: Unlike Bush, Chávez won office by a majority of the vote. Or maybe it’s the oil. Venezuela sits atop a reserve rivaling Iraq’s. In Caracas, I showed Congressman Nicolas Maduro the ChoicePoint-Ashcroft agreement. Maduro, a leader of Chávez’s political party, was unaware that his nation’s citizen files were for sale to US intelligence. But he understood their value to make mischief.

If the lists somehow fell into the hands of the Venezuelan opposition, it could immeasurably help their computer-aided drive to recall and remove Chávez. A Choice-Point flak said the Bush administration told the company they haven’t used the lists that way. The PR man didn’t say if the Bush spooks laughed when they said it. Our team located a $53,000 payment from our government to Chávez’s recall organizers, who claim to be armed with computer lists of the registered. What was practiced in Florida, without Choice-Point’s knowledge, could be retooled for Venezuela, then Brazil, Mexico and so on. Is Bush fighting a war on terror…or a war on democracy?

Third circle

That which took shape here is a disguised kind of intelligence…which is annexed to the third security ring, which is the invisible ring.

The man spoke these words in Spanish, with an American accent, unaware of the camera. He added a moment later, “We are doing a job and [I trust] he will not be childish, ‘Corey,’ and that he will be on the corner saying, ‘I am from the CIA, I am from the CIA.’”

I watched this murky video in Venezuela’s capital. The men caught in the lens discussing these vague espionage plans worked for Wackenhut Corporation, Caracas. You may recall Wackenhut, the jails-R-us guys who got caught running the illicit spying operation on Alaska oil industry whistleblowers.

The man who headed Wackenhut’s operations in Alaska shifted to Venezuela in 1991 where, according to Spy magazine, he ran a “black” information (i.e., disinformation) campaign against the government. Currently, the company has a contract to protect the US embassy, a delicate job after our State Department’s applauding a coup against the elected Chávez government.

Wackenhut does not deny the authenticity of the Third Ring tape. It was just “an ordinary meeting of company officials.”

Wackenhut says its rent-a-spies acted legally for a client they cannot name. Is it credible to believe that Wackenhut, doing sensitive security work for the US ambassador, could conduct operations, legal or not, which could provoke a foreign power? Indeed, a plotter on the tape says, “All of you must be invisible with regard to everything that is related to the American embassy.”

What exactly is Wackenhut up to? And how does the Bush crew use or misuse ChoicePoint’s lists of Latin electorates?

Herein lies the danger of this brave new world of the privatization of spookery: We lose control. By “we,” I mean Americans and our elected representatives. Even in the worst days of the CIA, Senator Frank Church held hearings and exposed the dangerous rot in our intelligence services. A special prosecutor went after Ollie North’s Iran-Contra gang, which gave weapons to the Ayatollah. But how do we challenge the new privateers in espionage who can go for Ashcroft or Bush where prudence or the law tells them not to?

Hacking the Constitution

The Electronic Privacy Information Center (EPIC), Washington, sued to obtain Ashcroft-ChoicePoint documents. The contract remains so secret, even its true cost and title has been, extraordinarily, withheld. But EPIC found several gems, including the gushing notes of a government spook who requested that agents think of “far-out, funky” ways to use data.

More disconcerting was a handwritten note in government files recommending ChoicePoint for more work because the company “is very responsive to [US] Marshals Service and has made enhancements to their public information database…to meet our needs.”

If ChoicePoint obtained special info for Big Brother, then officialdom crossed a legal line. As the privacy institute’s attorney Chris Hoofnagle explains, the law permits the government to access private databases that are freely available on the commercial market. But private companies may not create wide-ranging files on US citizens for the government. In other words, if the FBI can’t spy on Americans without probable cause for suspicion, it can’t get around the law by handing the espionage work to a contractor. It’s not a small difference. The law in question is the Bill of Rights. Those Amendments prohibit our government from investigating us unless there’s reason to believe we are criminals.

Courageous federal judge Rosemary Pooler ruled, “As terrible as 9-11 was, it didn’t repeal the Consitution.” But with the privatization of computerized surveillance, the Constitution can be secretly hacked.

ChoicePoint’s Smith admonishes that, if we’d only had his databases humming at the airports on Sept. 11, the hijackers, who used their own names, would have been barred from boarding. However, experts inform me that Osama no longer checks in as “Mr. bin Laden,” even at the cost of losing his frequent flyer miles.

Nevertheless, our president suggests that, if we can get semen samples from every American and Venezuelan, take off our shoes at the airport, don’t ask the names of the seized and imprisoned or the price of contracts, we’ll be safe from the Saudi hijackers and baby snatchers and from…them…whoever “them” are.

Source: Excerpt from Election Year Edition of The Best Democracy Money Can Buy via In These Times

Diebold critics win big California victory, but time is running out

By F. Timothy Martin

May 14 — States around the nation are moving to replace voting election equipment with Direct Recording Electronic (DRE) machines in time for the upcoming presidential elections. But with only six months until November, there remain serious concerns over the reliability of the machines and mistrust of the companies that manufacture them. With an estimated 30 percent of the voters nationwide slated to vote electronically in this election, opponents of the technology argue that the new machines are less reliable than the paper ballots they will replace.

In 2002, Congress passed the Help America Vote Act (HAVA), which mandates that all states upgrade their voting machines and election procedures in time for the 2004 election. How those upgrades get implemented, however, is left up to individual states which are interpreting the law differently.

The strongest indication yet of the growing lack of confidence in DREs came in April when California State Secretary Kevin Shelley decertified 15,000 touchscreen electronic voting machines in four counties due to security concerns. The machines were all made by Diebold, the second largest manufacturer of electronic voting machines. Diebold came under intense scrutiny following the malfunction of their machines during the California state primaries in March, which observers say may have altered election results. Diebold’s controversial CEO, Walden O’Dell, has made six figure donations to the Republican Party, and in a 2003 fundraising letter pledged that he was “committed to helping Ohio deliver its electoral votes to the president next year.”

Diebold and other large-scale producers of DREs like Sequoia and ES&S have refused to allow independent inspection of the software running their machines, citing proprietary security concerns. But critics strongly object, arguing that the lack of oversight makes it easier to tamper with votes.

“This action happened not because of security problems, per se, but because of the way Diebold handled the systems once they were in the field, putting unauthorized patches in, misleading people about what they were doing … I think there are going to be ramifications for a lot of states,” said Avi Ruben, a professor at Johns Hopkins University and voting machine expert in a recent interview with Democracy Now!.

California’s decision to reject Diebold’s machines comes at a time when states around the country are investing millions in similar technology. Like California, however, other states have had trouble with Diebold’s DREs.

In Georgia’s 2002 gubernatorial race, Democratic incumbent Roy Barnes led his Republican challenger Sonny Purdue by nine to eleven percentage points in polls taken on the eve of the vote. When the results from Diebold voting machines came in Purdue had defeated Barnes by 51 to 46 percent, a swing of up to 16 points. Wired magazine reported that a former Diebold warehouse worker said the company installed last minute patches on its machines just before the election without notifying Georgia election officials. While there is no evidence that anything illegal occurred, throughout the day there were numerous reports of Diebold’s equipment malfunctioning.

Last July, a group of independent researchers from Johns Hopkins conducted a detailed study of the software used in Diebold’s DREs. The report said there were “stunning flaws” in the source code, which they say contained numerous loopholes that could be exploited to alter a voter’s ballot choices. Diebold issued a stern rebuke, but similar findings were made by a group of computer experts commissioned by the state of Maryland a short while later.

Federal lawmakers are also working through initiatives aimed at preventing the kind of catastrophe that marred the 2000 presidential elections.

As part of this effort, on May 5, the Election Assistance Commission convened its first meeting, which was mandated by HAVA. Meeting in a packed hearing room before a bipartisan Congressional committee, experts gave sharply contrasting views on DRE technology.

There was strong support for creating paper trails, also known as verified voting, that would allow voters to double check their ballots after casting a vote by touchscreen. Proponents argue that this would provide a more reliable vote count as well as instill confidence in voters who might be unhappy about not seeing any verification of their electronic ballot.

“The paper trail is needed even though it’s a big headache for election officials who have to go back to paper again,” says Robert Stearns, a former New Mexico poll worker and an organizer for Verified Voting. “Without it there’s no possibility of a recount in a close election.”

A current bill proposed by Rep. Rush Holt (D-NJ) seeks to amend HAVA by requiring “all voting mechanisms to produce a voter-verified paper trail that can be used in the event of a recount or post-election audit.” While the federal amendment is still languishing in committee, states like Nevada and Missouri are moving toward making voter verification a requirement in time for this year’s election.

As for the millions of registered voters here in New York there is less immediate reason for worry. With the exception of two small counties upstate, all New Yorkers will use the old lever machines in November.

Source: NYC Indypendent

Rumsfeld accused on abuse
US defense secretary ‘authorized tough intelligence program’

By Gary Younge and Luke Harding

May 17— The US Defense Secretary, Donald Rumsfeld, personally authorized the expansion of a special program which ultimately led to the abuses in Abu Ghraib prison, the New Yorker magazine claims today.

The operation, which encouraged physical coercion and sexual humiliation to obtain intelligence, was known to President George W. Bush and fewer than 200 operatives. It was approved by the National Security Adviser, Condoleezza Rice, according to the report. The program was governed by the rules: “Grab who you must. Do what you want,” a former intelligence officer told the magazine.

The article was written by Seymour Hersh, the Pulitzer-prize winning New Yorker reporter who exposed the abuse scandal in Abu Ghraib. It is sourced to unnamed former and current intelligence officials.

The Pentagon flatly denied his claims. “Assertions apparently being made in the latest New Yorker article on Abu Ghraib and the abuse of Iraqi detainees are outlandish, conspiratorial, and filled with error and anonymous conjecture,” said a Pentagon spokesman, Larry DiRita.

The revelations came as the US military prepares to stage the first of a series of unprecedented public trials of the US guards allegedly involved in the Abu Ghraib abuse. On Wednesday, Specialist Jeremy Sivits will appear before an extraordinary court martial at Baghdad’s convention center. He is likely to plead guilty to the charge of abusing Iraqi detainees.

Crucially, though, Sivits is expected to testify that senior commanders at the jail had no idea that prisoners were being brutalized, a statement that appears to bolster Bush’s contention in a weekend radio address that the abuse was “the actions of a few.” Over the weekend, however, the six other defendants claimed they were merely obeying orders from higher up.

“Our defense says he was following orders and that he believed the orders were lawful,” Guy Womack, a lawyer for Charles Graner, the US guard pictured next to a pyramid of naked, hooded Iraqis, told the New York Times yesterday.

In return for testifying against his former comrades, Sivits is expected to get a lenient sentence of a year in jail or less.

The last two weeks have seen Rumsfeld fighting for his political career. Calls for his resignation prompted Bush to reaffirm his support for the beleagured defense secretary. Following testimony before Congress and a trip to Baghdad to rally morale last week, Rumsfeld appeared to have weathered the worst of the crisis.

But when asked about the congressional testimony of Rumsfeld and Stephen Cambone, his under secretary for intelligence, a senior CIA official told Hersh: “Some people think you can bullshit anyone.”

According to the article, Rumsfeld set up the secret access program, which is subject to the most stringent defense department security, a few months after 9/11. Known by several code names, including “Copper Green,” it sought to avoid legal barriers preventing intelligence agents from acting quickly in order to apprehend, interrogate or kill suspects. It emerged from frustration within the Pentagon that the hunt for terrorist suspects had been hampered by bureaucratic constraints.

The Pentagon regarded the program as one of its most successful strategies in the “war on terror” in Afghanistan. With the Iraqi resistance growing and intelligence gathering failing, Cambone decided to apply the program to Iraq.

“They weren’t getting anything substantive from the detainees in Iraq,” the former intelligence official told Hersh. “No names. Nothing that they could hang their hat on. Cambone says, ‘I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up --- the special access program -- and I’m going in hot.’ So he pulls the switch, and the electricity begins flowing last summer. And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing. But we’ve got more targets [prisoners in Iraqi jails] than people who can handle them.”

According to Hersh, Cambone then decided to bring military intelligence officers into the prison alongside the military police guards, many of whom have featured in the abuse photos.

A Pentagon consultant who spent much of his career involved with special-access programs told Hersh the blame goes beyond Cambone. “The White House subcontracted this to the Pentagon, and the Pentagon subcontracted it to Cambone. This is Cambone’s deal, but Rumsfeld and Myers approved the program.”

Rumsfeld may not be personally culpable, the consultant added: “But he’s responsible for the checks and balances. The issue is that, since 9/11, we’ve changed the rules on how we deal with terrorism, and created conditions where the ends justify the means.”

Source: Guardian (UK)

Cheney informed of ‘objectionable’ interrogation guides in 1992

Washington, DC, May 12 — CIA interrogation manuals written in the 1960s and 1980s described “coercive techniques” such as those used to mistreat detainees at the Abu Ghraib prison in Iraq, according to the declassified documents posted today by the National Security Archive. The Archive also posted a secret 1992 report written for then Secretary of Defense Dick Cheney warning that US Army intelligence manuals that incorporated the earlier work of the CIA for training Latin American military officers in interrogation and counterintelligence techniques contained “offensive and objectionable material” that “undermines US credibility, and could result in significant embarrassment.”

Recommendations on prisoner interrogation included the threat of violence and deprivation and noted that no threat should be made unless the questioner “has approval to carry out the threat.” The interrogator “is able to manipulate the subject’s environment,” the 1983 manual states, “to create unpleasant or intolerable situation, to disrupt patterns of time, space, and sensory perception.”

After Congress began investigating reports of Central American atrocities in the mid 1980s, particularly in Honduras, the CIA’s “Human Resource Exploitation” manual was hand edited to alter passages that appeared to advocate coercion and stress techniques to be used on prisoners, making it clear that authorities were well aware these abusive practices were illegal and immoral, even as they continued then and now.

Indeed, similar material had already been incorporated into seven Spanish-language training guides. More than a thousand copies of these manuals were distributed for use in countries such as El Salvador, Guatemala, Ecuador and Peru, and at the School of the Americas between 1987 and 1991. An inquiry was triggered in mid 1991 when the Southern Command evaluated the manuals for use in expanding military support programs in Colombia.

Source: National Security Archive

American Indians take charge of healing

By Marty Logan

United Nations, May 12 (IPS) — The policy was to “kill the Indian and keep the man.”

The aim of a boarding school system established by US officials in the 19th century was to assimilate American Indian children into the dominant white society, speakers told a panel discussion at the UN Permanent Forum on Indigenous Issues on May 12.

That meant forbidding their languages, clothing, hair styles — their culture, in fact — using as much violence as was needed, they said.

And now American Indians are demanding restitution — on their own terms.

“Under international human rights law... the US is still accountable for any continuing effects,” which include the loss of indigenous languages and the violence that today permeates many Indian communities, said Andrea Smith from the University of Michigan at Ann Arbor.

She and other women have started the Boarding School Healing Project (BSHP), which has four main goals: heal the schools’ victims; educate people about the attempted genocide of the American Indian; document how that process worked; and build a movement that will demand compensation from the US government.

The residential school system began with president Ulysses Grant’s 1869 “Peace Policy” and continued well into the 20th century, taking 100,000 American Indian children from their homes to live and study in Christian boarding schools.

Students, as young as two years of age, were placed in the schools until the age of 18, many returning home speaking a different language (English) than when they left. Many were also physically and sexually abused.

“Some of my peers committed suicide, some drank themselves to death, some died violent deaths... They don’t know how many were abused [but] one thing we know: the oppressed became the oppressors” when they returned home, said one former student quoted in a short film about a similar school system established in Canada on the US model.

Among its impacts, the boarding school system — in both countries — implanted forms of violence in native communities that still exact a high cost today, said speakers May 12.

“Sometimes I have to say I’m sorry to my children because I have behaved in the way the missionaries, the education [of the residential schools] made us,” said Eulynda Benalli of the Crownpoint Institute of Technology on the Navajo Nation in the US state of New Mexico.

A “second generation survivor” of the residential school system, Benalli explained how her father used to tell stories of his days at the school, always adding “wasn’t that terrible?”

Those stories, she added, left her “believing that was the way it was to be Indian.”

Among their impacts the boarding schools replaced traditional practices performed by women with patrilineal systems, which led to the “devaluing of native women in our communities,” said Smith.

The chairman of the Permanent Forum told the May 10 opening session of the annual meeting that indigenous men worldwide must do more to stem domestic violence and ensure gender equality in their communities.

“Indigenous cultures rely on gender complementarily, a symbiosis that values both women’s and men’s business... that affirms both with respect and balance,” added Ole Henrik Magga.

The Permanent Forum, the only full-time UN body devoted to indigenous issues, meets until May 21, and focuses this year on indigenous women.

During the two-week session its 16 members will hear dozens of submissions on human rights, environment, education, culture, economic and social development and health from some 1,500 delegates who have assembled at UN headquarters from around the globe.

Discussions on culture began May 12.

An advisory body only, the Forum’s recommendations will go to the UN Economic and Social Council, which will decide which will be forwarded to September’s General Assembly of all UN member states.

While the Boarding School Healing Project is just starting, a group of indigenous people on Canada’s west coast have nearly finished an eight-year process to help heal their communities.

The native people of Haida Gwaii, officially known as the Queen Charlotte Islands, have repatriated the remains of more than 400 of their ancestors who were stolen from their graves for study in the 19th and 20th centuries and then stored in museums throughout North America and beyond.

The Haida, who number about 4,000 people on their islands 100 km off the coast of British Columbia, taught students to make blankets and “bentwood” boxes from the cedar trees of their temperate rainforests for each set of remains, which were then buried in a special ceremony, the most recent on May 8.

“When we first started we had a lot of fear, superstition, about what we were doing. That was there for a few years. As we got further down the line, people began to understand this was a way for us to reclaim our past,” Andy Wilson of the Haida Repatriation Committee said in an interview.

After contact with white settlers, many Haida were sent to residential schools, while their land — sometimes called the “Canadian Galapagos” for its unique flora and fauna — was logged and mined without their permission.

“Germ warfare” nearly wiped out a population that may have reached 30,000 at one point in the past, says Wilson. The 1915 census counted just 588 Haida.

Repatriation “was a way to say, ‘we’re not taking this any more and anything that you took from us, we’re here to take back.’ Someone said May 8 [at the burial ceremony], talking about the repatriation committee, [that] all the respect and honor they showed the ancestors helped start the healing.”

Smith said the BSHP would discuss how to take the United States to account for the continuing damage to indigenous communities caused by the boarding schools. The options include approaching the school system as a violation of international human rights or as a legal wrong, to be put right in a US court.

Unlike in Canada though, the group will not recommend that individuals receive compensation from the government. “We want to approach this from a sovereignty framework... because what has happened has happened to us as a whole people,” Smith said.

United States of America vs. Greenpeace, Inc. case dismissed

By Liz Allen

Asheville, North Carolina, May 19 (AGR) — Federal Judge Adalberto Jordanon dismissed on May 19 the charges of “sailor mongering” brought against international environmental organization, Greenpeace USA, by General John Ashcroft. Shortly after the Justice Department rested its case, Greenpeace filed a second motion for acquittal, which the judge granted. The trial began on May 17.

“America’s tradition of free speech won a victory today but our liberties are still not safe,” said Greenpeace Executive Director John Passacantando. “The Bush administration and its allies seem bent on stifling our tradition of civil protest, a tradition that has made this country stronger throughout its history.”

If the organization had been convicted, the organization could have been fined $20,000 and placed on probation. The probation, if violated through an act of civil disobedience on the part of Greenpeace USA activists, would result in people holding official positions within the group being jailed and having their assets seized, effectively halting Greenpeace USA operations.

The case resulted from an incident where Greenpeace members boarded and dropped a banner reading “President Bush: Stop Illegal Logging” off the Jade, a cargo ship entering the port of Miami in April 2002. The vessel was carrying a shipment of mahogany illegally cut from the Brazilian Amazon rainforest. The activists were arrested, spent a weekend in jail, and were sentenced to time served.

The mahogany was not found by the inspectors. However, two days later, 70 tons of the wood was unloaded from the ship in Charleston, SC.

Brazilian mahogany is demarcated as a species at risk by the Convention on International Trade in Endangered Species. Many countries, including Brazil itself, whose government’s environmental protection agency works closely with the Greenpeace Brazil office, have thanked Greenpeace for its efforts to stop the illegal logging and trade of the wood. Greenpeace criticizes the practice of illegally logging mahogany because of the destruction it causes to the rainforest and the harm caused to those living in and working to protect the forest.

As of press date, over 80,000 had joined Greenpeace online in calling on the US Justice Department to prosecute illegal loggers, not Greenpeace. The campaign to dismiss the charges became Greenpeace’s largest ever.

What is unique about the trial was that for the first time an entire organizational body was put on trial for the actions of a few of its members. Greenpeace and other advocacy groups, like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP), have expressed concern that the prosecution is based on the content of Greenpeace’s speech and actions.

“Selective prosecution violates the First Amendment and equal protection rights of Greenpeace; it also threatens every advocacy group whose message may offend the government of the moment,” stated the ACLU of Florida and People for the American Way Foundation in an jointly filed amicus brief in the United States of America vs. Greenpeace.

According to the mission statement, “Greenpeace is an independent, campaigning organization that uses non-violent, creative confrontation to expose global environmental problems and force solutions for a green and peaceful future.” The tactics the activists employ include diplomacy, lobbying, research, publicity, and civil disobedience. The only violence at a Greenpeace protest ever reported was in 1985 when an activist was killed by French Secret Service divers who blew up a nuclear test monitoring ship in New Zealand.

The “sailor mongering” law, passed in 1872 and only used twice in court, applies to a “lawless person in the interest or employ of what may be called ‘sailor mongers,’ [who] get on board vessels bound for Portland as soon as they get in the Columbia river, and by the help of intoxicants, and the use of other means, often savoring of violence, get the crews ashore, and leave the vessel without help to manage or care for her.”

Pfizer drug scam whistleblower gets $26 million payout

By Stephen Foley

May 15— When David Franklin left his research post at the prestigious Harvard Medical School for a job in the private sector, he believed he was being hired to explain to doctors the science behind his new company’s innovative drugs.

But within months he had become a pawn in a scheme to jack up drug sales by lying to doctors about their effects, and his decision to blow the whistle plunged him into a nightmarish seven-year legal fight against the biggest pharmaceuticals companies in the world.

Now Dr. Franklin has emerged victorious -- and very, very rich. He has walked away with a $26.6 million reward under the United States’ generous whistleblowing legislation — his cut of a $430 million legal settlement agreed this week by Pfizer, the makers of Viagra.

For almost four years, while the case against his former employer was being assembled, he became reclusive, and feared his career lay in tatters. “This has been the most disruptive thing that could ever take place in someone’s life,” he told reporters.

It was in 1996 that the Rhode Island-born scientist joined Warner-Lambert, already one of the world’s largest drug companies. It was taken over by Pfizer, the biggest, in 2000. He was not a sales rep, but held a more respected “medical liaison” position, being an employee with a strong scientific pedigree of whom skeptical doctors could ask detailed questions. Within four months, however, it was abundantly clear that sales were his bosses’ only real concern.

Warner-Lambert was heavily promoting a drug called Neurontin, which had been approved as a treatment for epileptic seizures. But it wasn’t stopping its marketing efforts with the drug’s approved use. Instead, Dr. Franklin was expected to argue for the product’s use as a treatment for manic depression, attention deficits, even migraines and alcohol withdrawal.

When Dr. Franklin found evidence of side-effects in some children he was ordered not to tell doctors. “I was the individual paid to lie to doctors,” he said. “I got involved in something I didn’t realize was wrong at first.” He collected evidence, including documents and tape-recordings of voicemails, and took them to lawyers in Boston, who launched the massive claims for fraud that led to this week’s settlement.

Dr. Franklin’s efforts have thrown the spotlight once again on the dubious marketing practices of the giant pharmaceuticals companies. To increase sales of Neurontin, Warner-Lambert paid doctors cash, and lavished expenses on them during “boondoggle weekends,” drug conferences in plush hotels. Trips to the Olympics and baseball games provided an opportunity to suggest potential new “off-label,” or unapproved, uses for Neurontin.

“Physicians who prescribed Neurontin were rewarded with invitations to events or lavish resorts,” says Tom Greene, of Greene & Hoffman, Dr. Franklin’s lawyers. “The more he saw of it, the more he felt it was unethical, and then he thought it was illegal. A doctor can write a prescription for an unapproved use, but a company cannot market it.”

By the end of 1996, non-epilepsy conditions made up 78 percent of Neurontin’s $1.3 billion sales. Even today, Neurontin is still only approved for epileptic seizures and some forms of neuralgia.

The company said in a statement: “Pfizer is committed to compliance with all healthcare laws and regulatory requirements and to high ethical standards in all aspects of its business practice.”

Pfizer is paying a $240 million criminal fine and $152 million to State and Federal healthcare programs, with other pay-outs on top and legal costs still to be settled. The fine is the second-largest given in the industry.

But it is the $26.6 million payment to Dr. Franklin that could really help to change the culture of the pharmaceuticals industry, because it might encourage further whistleblowers to come forward. Already, a former executive who revealed an alleged fraud in the marketing by AstraZeneca of a prostate cancer drug in the US is to receive $47.5 million for his role in incriminating the British company.

And in February, GlaxoSmithKline, the UK’s biggest drug group, said that the US Attorney’s office in Colorado was investigating the way it marketed some of its most lucrative drugs in the state, after a whistleblower came forward.

Despite his new wealth, however, Dr. Franklin warns that whistleblowing is not for everyone. “It takes real staying power,” he says.

Source: Independent (UK)