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Analysis: Fear for sale
By Greg Palast
May 12 Sept. 11, 2001 was Derek Smiths 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 Citys government.
As for the $12 million corpse identification fee, thats 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.
Heres 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 ChoicePoints 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 Qaidas 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. Thats the name of the corporations 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 wont 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 ChoicePoints contract with John
Ashcrofts 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, ChoicePoints
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 its jealousy:
Unlike Bush, Chávez won office by a majority of the vote. Or
maybe its the oil. Venezuela sits atop a reserve rivaling Iraqs.
In Caracas, I showed Congressman Nicolas Maduro the ChoicePoint-Ashcroft
agreement. Maduro, a leader of Chávezs political party,
was unaware that his nations 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 havent used the lists that way. The PR man
didnt say if the Bush spooks laughed when they said it. Our team
located a $53,000 payment from our government to Chávezs
recall organizers, who claim to be armed with computer lists of the
registered. What was practiced in Florida, without Choice-Points
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 Venezuelas 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 Wackenhuts 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 Departments 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
ChoicePoints 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 Norths 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 institutes 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 cant spy on Americans without probable
cause for suspicion, it cant get around the law by handing the
espionage work to a contractor. Its not a small difference. The
law in question is the Bill of Rights. Those Amendments prohibit our
government from investigating us unless theres reason to believe
we are criminals.
Courageous federal judge Rosemary Pooler ruled, As terrible as
9-11 was, it didnt repeal the Consitution. But with the
privatization of computerized surveillance, the Constitution can be
secretly hacked.
ChoicePoints Smith admonishes that, if wed 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,
dont ask the names of the seized and imprisoned or the price of
contracts, well 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. Diebolds controversial CEO, Walden ODell,
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!.
Californias decision to reject Diebolds 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 Diebolds DREs.
In Georgias 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 Diebolds
equipment malfunctioning.
Last July, a group of independent researchers from Johns Hopkins conducted
a detailed study of the software used in Diebolds 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 voters 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 its 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 theres 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 years 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 Baghdads
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 Bushs 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 werent 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, Ive
got to crack this thing and Im tired of working through the
normal chain of command. Ive got this apparatus set up --- the
special access program -- and Im going in hot. So he pulls
the switch, and the electricity begins flowing last summer. And its
working. Were getting a picture of the insurgency in Iraq and
the intelligence is flowing. But weve 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 Cambones deal, but Rumsfeld and Myers
approved the program.
Rumsfeld may not be personally culpable, the consultant added: But
hes responsible for the checks and balances. The issue is that,
since 9/11, weve 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 subjects 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 CIAs 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 Grants
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 dont 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 Im 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 wasnt 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 womens and mens 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 Forums recommendations will go to
the UN Economic and Social Council, which will decide which will be
forwarded to Septembers General Assembly of all UN member states.
While the Boarding School Healing Project is just starting, a group
of indigenous people on Canadas 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, were not taking this
any more and anything that you took from us, were 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.
Americas 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 governments 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 Greenpeaces 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 Greenpeaces 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 companys 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 someones life, he told reporters.
It was in 1996 that the Rhode Island-born scientist joined Warner-Lambert,
already one of the worlds 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
wasnt stopping its marketing efforts with the drugs
approved use. Instead, Dr. Franklin was expected to argue for the
products 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 didnt 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 weeks settlement.
Dr. Franklins 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. Franklins 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
Neurontins $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 UKs biggest drug group,
said that the US Attorneys 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)
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