Tag Archives: CPS

Finger in a dike

We have all heard the story of the boy who stopped a flood by putting his finger in a dike; Robin Williams made a reference to it and women in comfortable shoes in the past (whatever that means). The story is known, the act sounds just too ridiculous, because any flood that can be stopped with a finger is one that will not amount to much flooding. Yet the story behind it is very different. You see, the story is about the dangerous Muskrats, who dig themselves boroughs in dikes. These boroughs have canals that can go for hundreds of feet and as the Muskrat population grows, the dikes and dams they are in could be damaged beyond normal repair and that is when the dangers start, because dikes are important in the Netherlands. A large part of it is vastly below sea level, meaning that such a loss could have impacted safe living in that place. Muskrats are also fierce fighters and feeders, meaning that as their population grows, the other animals become extinct. Even as that rat has a usual lifespan for a year, in that year it can reap damage that only people can match. So as we consider the damage a year brings, we need to now consider todays story in the Guardian (at https://www.theguardian.com/politics/2017/may/14/freedom-of-information-act-document-leaks-could-become-criminal), where we see: “criminalise passing on information discoverable under FOI requests“, so basically any news given, even when it can be obtained by an FOI request can become an issue that follows prosecution and even conviction? How is anyone allowed to pass this as law allowed in office, especially as he lives by the motto that was a Herman Brood hit (read: I’ll never be clever). There is a weighting here. I for one have spoken out against the non-accountability of the press. The one time they got scared (read: The Leveson enquiry), they started to scream foul and promise bettering themselves. A promise some of the press broke even before the ink of that promised dried. Yet there is in equal measure a need to keep the people correctly and decently informed. There is a need to get cybersecurity on a decent level and there is a need to hunt down hackers. In this places like Sony are feeling the brunt of hackers and until the authorities are willing to execute the parents (or children) of these hackers, depending of the age of the hacker in front of their eyes, they will not ever see the light and these issues will happen. In this, the entire whistle-blower thing is another hot potato and some politicians seem to think that the one will stop the other, which is even more delusional than my idea of executions to make a point. There is another side to all this that is linked. You see, in the military there is a strict need of secrecy. In that this Bradley Manning person is just a traitor who did not realise just how stupid he really was. The fact that he did not spend life in prison until death is another failing which has been covered by too many for too long and too often. Julian Assange is another matter. Basically he was a mere facilitator, we might seem to consider him a traitor but in the end he did not break any laws and the US knows this, they just have another need to address the ego of certain people. I see Snowden as a traitor, plain and simple. As we were misrepresented with a movie, a book and all kinds of stories, there is still the issue that things did not add up. The never did and never will. In this light a whistle-blower seems to be a very different needed person (I will get to that later).

The three names mentioned all have their own role to play in all this. In case of Manning, it is treason plain and simple, whomever got him off lightly did a stellar Law job, but in the end, he committed treason under war time conditions. Bloomberg (at https://www.bloomberg.com/view/articles/2013-08-02/bradley-manning-s-crime-is-smaller-than-treason) gives us the view of John Yoo, a legal expert, whose view I share: “His actions knowingly placed the lives of American soldiers, agents, and allies at grave risk. In the world of instant, world-wide communications and non-state terrorist groups, Manning committed the crime of aiding the enemy, and he is lucky to escape the death penalty“. As an operator, Manning had access to do his job and he abused the access he had endangering the lives of his ‘fellow’ soldiers. In this the less diplomatic view would be that he was more entitled to death by hanging than some of those executed at Nuremberg. So as we realise that Manning soon could have more rights than an optional member of the press is just a little too insane in my book. In all this, as we see that part in a little biased light, we need to realise that the press has a need to expose certain elements. Yet they too are biased and they are biased towards advertisers and stakeholders, which is why certain military documents are placed in a juicy sexy light, yet the issues of Microsoft, Sony and a few others that clearly food for thought for a generation of consumers seems to be misplaced. So how should we see the less responsible acts of the press in that light?

The second part is Snowden, again, as I see it a traitor, here the issue is severe on all sides, the Intelligence community failed miserably on several sides as one person has seemingly access to systems that should have been monitoring access on a few sides. I saw within two hours at least 3 issues for consideration of prosecution of certain heads of intelligence for mere gross negligence. The issues found with NSA contractor Harold Thomas Martin III just adds to the issues in Alphabet soup land. In this there would have been the need of a very different whistle blower, one that could have walked into the US supreme court stating that his nation is in serious danger giving evidence free from prosecution where an ‘uncle’ of the NSA walks into the office of Admiral Rogers (current director, not the director at that time) asking what the f**k he thinks he is doing on the farm. In a system that is about subterfuge and misdirection, those making errors are often chastised in unbalanced ways. As they are about deadlines and being flawless (which is a delusion all by itself) finding ways to clear issues, solve issues and give support in a place that is relying just a little too much on contractors is an essential need. In this the US is the most visible, but we can agree that the UK has its own demons, the most visible ones were in the 70’s, yet the cloud is now a dangerous place and in addition, I foresee that the near future will bring us more, because if a place like Sony cannot keep a lid on its data, do you actually believe that the cloud is secure? It is not, because some people were pushing too fast for a technology that has issues on several levels. As the cloud grows the customer is no longest charged per Gigabyte, but per Terabyte, so as the cost seems to be 0.1% of what was, they are all seeing the financial benefit and they are clearly ignoring the need to comprehends data sizes and what to put where. As the sales teams are giving nice presentations on security and no loss of data, they seem to be a little more silent on amount of data replicated somewhere else. Which in case of Intelligence is a bit of an issue under the best conditions. By the way that switch from GB to TB happened in the last 5 years alone, so this market is accelerated but in ways that seems to be a little too uncomfortable and I love tech and I embrace it whenever possible, so others should be a lot more mindful and worried than I am at present.

Last we get to Julian Assange, he is either loved or hated. I tried to remain in the balance of it as he basically broke no laws, but to shed the dirty laundry in the way he did was a little stupid. We read all the things on how certain stuff was removed and so on, but there is an issue. In all this we heard all the military stuff, yet when the mention and threats of bank presentations came, he went quiet and dark less than 48 hours later, so it seems that some issues are just not given to the people, especially certain facts that should have been brought out. Here we see another side of the whistle-blower. I get that certain events should not be allowed out, yet when I read: “We would expand the Freedom of Information act to stop ministers and departments from being able to block the publication of information they see as politically inconvenient“, which we get from Tom Brake, Liberal Democrat Foreign Affairs spokesperson. We see another part of the conversation, one that needs scrutiny on a few levels. The entire issue that a conviction is possible for releasing information that is readily available under the FOI is dodgy to say the least. There is a side in my that there should be a certain level of control on whistle-blowers, yet in that same light as we see too often that corporate whistle-blowers are refused the light of day by the press calls for questions marks on the earliest given Mondays of any week.

If the dike is to stop the people from drowning we need to make sure that the muskrat is stopped for various reasons, yet when that dike is also the road that facilitates for the shipment of toxic waste, we need to wonder what the basic need of that specific dike is. And that is before we see that the road facilitates for ‘Big Pharma’ to ship its medication, whilst the 1000’s of tonnes of pharmaceutical waste is left ignored, which is ignored by the media when Dr Who (read: World Health Organisation) is telling people that there is now a direct danger to newborns, with in India alone an estimated 56,000 deaths of newborns dying from resistant infections. So as we see very little of that in the news, what are those opposing the whistleblowing actions crying about? They themselves have become filters on what the people are allowed to learn about. Doesn’t that sound slightly too sanctimonious to you?

The issue that goes on is that these events are less and less an issue of rarity. The Times (at https://www.thetimes.co.uk/edition/news/600-tonnes-of-waste-dumped-under-road-dmttlzrkh), gives us, when you are subscripted, a view that “Up to 600 tonnes of household rubbish have been dumped under the A40 in Buckinghamshire, in one of Britain’s worst incidents of fly-tipping”, this is not some issue that is done with a simple truck, this took time and staff. This was deliberate and orchestrated. In this the whistle-blower would have been essential in dealing with such a crime, as it stands now, it made someone an easy £90,000 and the damage could end up being considerable larger and more expensive. It is anyone’s guess if the CPS will ever secure an arrest and conviction. So as we see the toxicity of the changes the UK and others could face. When we consider the final part “Thomas Hughes, the executive director of Article 19, said: “The Law Commission’s proposals would move the clock backwards, undoing improvements in the UK’s 1989 Official Secrets Acts, and setting a dangerous example of eroding freedom of expression protections, which may be copied by oppressive regimes globally”, we must ask what the devils own sugar did the Law Commission have in mind when these changes were proposed. By the way, the moment it gets adopted, there is every chance that any person with direct links to Wall Street will see other sides. This is what we get from the NY Post, “The Financial CHOICE Act 2.0, which passed the House Financial Services Committee last week, has provisions to keep corporate whistle-blowers involved in any wrongdoing from collecting awards. The act would also require the whistle-blower to try to stop violations from happening within their company — a stipulation that advocates fear would force employees to choose between being fired or not reporting anything at all”, we see this at http://nypost.com/2017/05/14/whistleblower-bill-sparks-fear-among-advocates/, so you tell me who this is all supposed to benefit. As I see it, we see a shift where those who have not are stronger and stronger segregated from those who have and those who continuously want to have. A mere adaption from the battle strategy segregation, isolation and assassination? Assassination needs not resolve in death, today we see how economic and financial death could at times be much worse than anything permanently offered, although the mothers in India might disagree on that. The question becomes where does the press truly stand, with informing the people or with the advertisers they rely on nowadays?

 

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Taking Xbox to Court?

Microsoft seems to have done it again and if the evidence holds up, there will be a powerful backlash towards Microsoft which will have interesting repercussions for Sony. Now, we have seen this all before and even I have a few issues with this all, which was until the following evidence was presented.

  1. The Broadband 4G modem had been exclusively used for the Xbox One.
  2. Security was properly in place (as far as I have been able to confirm)

The following had happened:

Without consent, the Xbox One has seemingly uploaded the following amounts of data:

Date Uploads Date Uploads
2017-01-13 339.1 MB 2017-01-21 591.0 MB
2017-01-14 445.1 MB 2017-01-22 277.6 MB
2017-01-15 242.3 MB 2017-01-23 607.5 MB
2017-01-16 268.8 MB 2017-01-24 210.6 MB
2017-01-17 113.1 MB 2017-01-25 358.8 MB
2017-01-18 793.6 MB 2017-01-26 493.5 MB
2017-01-19 251.6 MB 2017-01-27 482.4 MB
2017-01-20 332.0 MB 2017-01-28 65.2 MB

 

According to the mobile provider the uploaded files are all labelled Windows Azure – support large files download? When calling Microsoft, the help was not any better, the lady was trying to be nice, yet not really aware of what she was talking about. Her response was: ‘we have no influence on uploads, that is the responsibility of your ISP!

So, as the Xbox is uploading, that is suddenly the worry of the victims ISP?

So far the player has only played Fallout 4 without DLC’s, Diablo 3 and the Ezio Collection (Assassins Creed), all these games were played in single player only, so there is absolutely no reason to upload at all. What is even more disturbing is that there are no checks on this part, the mobile provider data so far matches the times that the system was in use for gaming and the times the uploads were happening.

What Microsoft would not be realising, which was a former Microsoft executive referred to as Don Mattrick, who tried to be funny with: “Fortunately we have a product for people who aren’t able to get some form of connectivity; it’s called Xbox 360“, yes and as orders were cancelled all over the place Xbox suddenly had a new boss. This all started in November 2015. Well as we seem to gather Microsoft is at it again and they haven’t been thinking this through as per usual (that is, if the facts handed to me and collected are correct), because some gamers are now facing a $120 a month additional bill, so year one for these gamers would be 12 * $120 + $450 for the console, making this device at $1850, three times more expensive than any other console. I think Microsoft forgot about mobile broadband users, they just get additional hardship. What is the issue is that all this is happening without consent and as far as the absent help from Xbox support has indicated, without the ability to switch it off. You see, there are plenty of places where broadband is an issue and those people are depending on mobile broadband and at $10 per 1 GB it adds up really fast.

So, even as Microsoft has now changed this approach (again), would customers have a case to get a full refund for console and all purchased games? Let’s not forget that Microsoft has done a 180 degrees turn on their ‘online requirements’ twice now, as well as it seems the requirement to be online to upload, which in light of single player games should result in several additional questions by parties involved.

So this is where I now stand. Awaiting two additional pieces of evidence. Should they arrive, the plan as the victim wants it is to prohibit Microsoft to continue sales of their devices until the forced uploads are deactivated, as well as reimbursements have been made. I do not think that this has any decent chance, but I will lend my support to all this. Microsoft has been playing their game via third party ‘players’ and as such there have been a few things rising to the surface. I personally believe it to be a harassment approach by Microsoft ‘to be online or else‘. I tested that with the Ezio collection. I went offline and played the game, so far after two days, after restarting the game, the achievement begotten whilst off line did not update. An issue the Xbox 360 never had and actually until recently it was not an issue (so this might be the side effect of something else). As I see it, the same day our victim suddenly say his annual Xbox one usage cost go up by a potential $1440, so we can agree that Microsoft, as per their usual self decided that profit at the expense of anyone else is preferred to a situation where the needs of the customer were respected, especially after the backlash that the first attempt had given them, again, awaiting those two pieces of evidence.

So far all contacts with Microsoft have been with the given air of ‘Well, everyone has unlimited broadband, don’t they?‘, which is nice until you get confronted with the most dangerous of obstacles, the disagreeable landlord, which in this day and age is not a good person to cross and that tends to happen more and more often, yet that is not what this fight is about. We are dealing with consent and undocumented consequences that doubles a person’s internet bill, through means that were not even essential. Off course that is not regarding the need Microsoft has to keep a record and copy of everything you are doing on your console, which by the way is well over 1000% of what multiplayer bandwidth would require, so there too are questions that need to be addressed.

From my point of view, apart from the financial damages that some players are now facing there is:

  1. How can uploads without consent be allowed?
  2. How can 2 single player games trigger a 5.8 GB upload in 15 days?
  3. The reference that the Mobile operator gave was: ‘Windows Azure – support large files download’, all uploads have that same title!
  4. Why is there no logging of uploads in the Xbox One?
  5. Which files and what exactly is being uploaded?
  6. Why did this suddenly start at midnight Friday January 13th 2017? (Which reads equally weird).

These are questions that matter, the reason is that without certain facts, there is absolutely no guarantee that this isn’t merely a hijacked router, which I have been able to prove that this is not the case to some extent.

Questions remain, you see, that part is given by the following sources: “They have clearly mentioned that their commitment to the UK is unchanged. In particular, those customers in Microsoft’s UK data centres should continue to rely on Microsoft’s significant investment plans there“, as well as “Microsoft highlighted that they have more than 5,000 highly qualified people working in fields including support, marketing, gaming, communications, cybersecurity and computer science research in the UK. Also, they have built a global centre of excellence for the development of artificial intelligence and other computing disciplines“, which we see in MS Power User (at https://mspoweruser.com/microsoft-re-affirms-its-commitment-to-the-uk-data-centre-expansion-plans-are-still-on-track/), now we need to realise that these are statements from a spokesperson, which means that that we are misrepresented without being lied to. I know, it’s a harsh world. Yet ‘5,000 highly qualified people‘, whilst seeing ‘marketing, gaming, communications, cybersecurity‘, could clearly imply that these are employees and it is not impossible that 40% of that workforce is not working on or connected to Azure. You see, the issue is when we see “Global Data Center Market Strategies, Analysis and Opportunities 2017-2023: Amazon (AWS), Microsoft, Google, and Facebook are in a Class of Their Own“, which we see in Global Newswire. The question that these parts lead to is whether it is possible that:

  1. Microsoft is trying to get an advantage on its capabilities and is trying to maximise the load of their Azure data centres, someone had the bright idea to use gamers for that and the people who tend to be useless in the technical field (read: senior management) forgot about the fact that not everyone has unlimited broadband and that some people (all over the world) pay per gigabyte and after a certain point that gets to be very expensive.
  2. Because the test requires that all (read: unknowingly) must participate, there is no option to switch uploads off, leaving us with the mess in option 1.

Now, this is for now speculative, but in light that I got this scoop and the media is ignoring gaming issues, just like the Sony Issue of 2012, so I am going ahead, so mind you, this story will be updated and there will be a part 2 when the rest of the evidence arrives, which could spark an official request against Microsoft with the Australian ACCC and the British CPS, and if Microsoft is proven not to be the evil organisation that they have been too often, than I will report that too, because just and fairness go both ways, and because it must rain on the just and unjust alike.

So stay tuned!

 

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Medici decided to do Shakespear

All the world’s a stage, and all the men and women merely players; they have their exits and their entrances. This is what went through my mind when I saw ‘Phone hacking: CPS may bring corporate charges against Murdoch publisher‘ (at http://www.theguardian.com/uk-news/2015/aug/28/phone-hacking-cps-may-bring-corporate-charges-rupert-murdoch-publisher) this morning. You see, the phone hacking scandal is not new, this started in 2011, and now, 4 years later the CPS decides to get a clue (or was that gives a toss?).  It matters not where they are at, the news as given seems to be the aftermath to the party someone seemed to have missed. The question becomes, who is the mad hatter? Is it the one giving the party? Perhaps that label is attached to a notion, a gimmick or even an organisation. It does not seem to be an individual. Let’s take a look at the story, you see, this is the fact of writing on the mad hatter “The Hatter explains to Alice that he and the March Hare are trapped in a never-ending tea party because, when he tried to sing for the Queen of Hearts at a celebration, she sentenced him to death for ‘murdering the time’. He escaped this fate, but Time, out of anger at his attempted to ‘murder’, has halted himself for the Hatter, keeping him and the March Hare at 6:00 pm forever“. If we paraphrase ‘murdering time’, we could get ‘wasting time’. But whose time was wasted? Is one of the players really a mad hatter? We no longer use Mercury in the fabrication of hats, but the issue remains, this article reads like it is something else entirely. I could go on with the March hare, but I think I am already getting through to you. The question becomes, who is Alice and why is she at this party?

There are two quotes, one following the other that gives way to my thoughts “The Metropolitan police handed over a file of evidence on News International – now renamed News UK – to the CPS for consideration after an investigation stretching back to 2011, when the News of the World was closed at the height of the scandal“, which gives us, why is the CPS only now taking a ‘better’ look? 4 years later, is that not odd? Then we get “We have received a full file of evidence for consideration of corporate liability charges relating to the Operation Weeting phone-hacking investigation”, which implies that the CPS and other players never looked at corporate liability charges the way it should have been looked at. This now gives us loads of questions and it should leave you with the question ‘What exactly was behind the looking glass?’ Who was looking, or better stated, who was NOT looking.

The quote “The CPS decision comes six months after the US department of justice told Murdoch’s company it would not face charges in the US” leaves the impression that the actions of the CPS have been in very bad taste, the rights of the people had been violated with impunity and only after the press at large felt the impending dangers that their time of abuse was over (due to the Levison report) did they dress up like debutantes, eager to take whatever was ‘thrusted’ into them to avoid losing ‘their’ power base. All the efforts in how they claimed that they would be worthy of self-administration, worthy to remain ‘unaccountable’. The ink had not even dried on the verdict when we got to read about the ‘suicide mission’ of Malaysia Airlines Flight 370.

Only now do we see that Murdoch’s company ‘could’ be prosecuted (that does not mean it will be successful) regarding corporate liability. I am not buying it. When we consider the subtitle ‘The Serious Fraud Office (SFO) is set to interview former Tesco chief executive Philip Clarke as part of its criminal investigation into the supermarket chain‘ (at http://economia.icaew.com/news/august-2015/sfo-questions-former-tesco-ceo), whilst the news remains massively silence regarding linked party Pricewaterhouse Coopers, we have to start asking a few very serious questions. Yet, the article also tells us: “the Financial Reporting Council launched a probe into the roles of PwC and various members of the accountancy profession involved in the preparation, approval and audit of its accounts“, we should worry if any of this will go anywhere. The entire Tesco matter was a six billion plus pound drop on the economy. Not the smallest of events, yet no serious investigations, or if there is, the press is steering clear of all this, which is another oddity entirely.

Yet 10 days ago, we see “The FCA has dropped its probe into Quindell after the Serious Fraud Office launched a criminal investigation into the business and accounting practices at the insurance technology firm” with the added “In May Quindell announced that PricewaterhouseCoopers had completed an independent review of a number of its accounting policies”, as well as “PwC also identified that some policies were not appropriate. Quindell’s own review confirmed PwC’s findings“. Are the involved players playing footsie (the use of involved is intentional, this game had more than two players), or are we seeing the start of a new dance, one where in the end, no one goes to jail and no one loses anything, other than a few slapping of the wrists.

So how does this all links? Well, it doesn’t link, they are separate entities, but the given is that we are watching several plays where pretty much all the actors will get away with murder and as the cadavers on stage are real, the people go home reflecting on how realistic it all looked, not realising that we watched games with actual casualties.

Are we facing the beginning of a new Machiavellian play here?

The quote “A source familiar with the original investigation said there could be an element of politics in the transfer of the file. “My best guess is because nobody in the police has the bottle to draw the line under this, they have just passed the buck on the CPS” gives us something to ponder. The CPS website gives us this: “The statutory role of the Crown Prosecution Service is to advise the police in certain circumstances, and to conduct criminal prosecutions. The police provide evidence and information to enable the CPS to carry out these statutory functions“, which gives us the thought ‘if it is statutory, why was this not done sooner?‘ So why did this happen after such a long time, why was the CPS not chomping at the bits on day one that there was a clear issue with the news of the world? In my view, we need to consider that there are more elements in play. Political elements. It is merely a speculation from my side. I would think that cases like Rolf Harris and Jimmy Savile prosecution elements would have learned their lesson, but that does not seem to be the case and face it, this is about money, nothing sexual sexy about it, so the press does not seem to care.

The only question becomes is this truly about going after Murdoch, or is this about tying down resources so that they do not have to go after PricewaterhouseCoopers? My side on this is purely speculative, but consider the fact that the CPS has 8000 man and the fact that the SFO would be (read should be) looking at PwC, the fact that the press steers clear of it is weird to say the least. The Tesco mess will take a long time to unravel, the fact that it is kept away from everywhere is a matter of concern to all.

That is where we are at. So there was no typo at the start, we are watching certain people wield a spear, it is thrust at certain players who will most likely survive and it seems to be for the benefit of theatrics and ‘non-convictions’. Even now, as we see PwC named in linking to Quindell, the press steers clear form PwC regarding Tesco. So in all this, what is wrong with the picture we see, moreover, why is there ‘suddenly’ (implied it is sudden, it is not a given) an investigation 4 years later, one that seems to have been activated as the Americans pull away, which beckons the question why the CPS waited for the American parts in the first place.

 

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Consent, a complex simplicity

There is an article in the Guardian, some will think it to be a decent piece, but I have an issue with it. There are all kinds of issues in the article, I cannot tell whether it was real, it did not feel as real. Whether it is or not is not really the issue. Yet there is an issue with it. Perhaps it is just me, but that issue is important, because the story touches on several issues, one that is close to my heart, as I was a witness for over a decade, unable to stop what had happened. Only to know, that he fled in fear, because one day, that one day that he saw me, the real me , it scared him all the way to South Africa, where he died of a Pneumonia, what a shame they likely got his prescribed anti-biotic dosage wrong, it must have made it worse. I had a great party celebrating his demise (seriously!).

The story by Monica Tan starts with a title ‘My boyfriend ‘sort-of’ raped me. But I didn’t break up with him‘ (at http://www.theguardian.com/commentisfree/2015/mar/05/my-boyfriend-sort-of-raped-me-and-i-didnt-even-break-up-with-him). My very first objection, there is no ‘sort-of’ it either was or it was not. The story as it is written is a mere introduction to a case that is not mentioned here. The case was ‘R (on the application of F) v The DPP [2013] EWHC 945 (Admin)‘, Here we see a review of the CPS as it has decided initially not to prosecute the husband. There was a realistic prospect of this case not resulting in conviction, the High Court took steps to order the CPS to look into the decision in this case. The issue before the High Court was whether ejaculation without consent could transform an incident of consensual intercourse into rape.

The Sexual Offences Act 2003 gives us in Section 1:

(1) A person (A) commits an offence if—
(a) he intentionally penetrates the vagina, anus or mouth of another person
(B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents

Yet when we look at the definitions of consent we see at S75(3)

Reference to the time immediately before the relevant act began is, in the case of an act which is one of a continuous series of sexual activities, a reference to the time immediately before the first sexual activity began“, the crux is that ejaculation comes after the consent of the act. Which explains the actions of the CPS, yet I was not alone looking at this. This is not a new case and Olivia Stiles, a trainee solicitor (in those days) at Kingsley Napley wrote this: “Penetration is a continuing act and so consent can be withdrawn even after penetration has begun and this will transform an act that begins as consensual intercourse into rape. Levitt was troubled by the facts of this case insofar as it was not clear at what point the intervener should have ceased to have intercourse with the applicant. Levitt’s view was that if the intervener embarked upon the act knowing he would ejaculate inside her against her wishes then it was arguable that he knew she did not consent. However, Levitt felt that as a matter of evidence it would be impossible to prove that it had not been a spontaneous decision made at the point of ejaculation“, Olivia’s article is good to keep next to the actual case, as for me, My issue is (as I see it) stated in S76. Here we see:

76 Conclusive presumptions about consent
(1) If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—
(a) that the complainant did not consent to the relevant act, and
(b) that the defendant did not believe that the complainant consented to the relevant act

(2) The circumstances are that—
(a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;

So, she objected to the relevant act, she did NOT consent!

Even though it would be very hard to prove that the situation as such existed, there is a criminal event in play.

The article then continues with a reference to the Julian Assange sex issue of 2010, which is exactly what happened in ‘R (on the application of F) v The DPP [2013] EWHC 945 (Admin)‘. Yet here her story goes south in a bad way, she writes: “It was not rape, but my reaction was too involuntary, and its intensity too high, to say that nothing bad happened. Something happened. And it had the whiff of rape”. No! It either is, or it is not and the events as prescribed add up to non-consensual sex, making it rape, assault by penetration or causing a person to engage in sexual activity without consent. The last one could land you in prison for life!

This all blends with the issue I have here. The quote “There is nothing more dangerous than shutting down public debate around sexual assault and domestic violence with a dismissive “lock the perpetrators up and throw away the key”. Such violence is rife in our society“. You see, some harsh changes are needed in the legislative sphere, it needed to be done yesterday and so far the law has been too soft as I see it. Domestic violence is more than a killer. When we look at the LWA (at http://www.lwa.org.uk/), we see that it accounts for 16% of all violent crimes and that it costs the public £23 billion per annum. These numbers might sound nice (or horrible), but that is not what this is about.

There needs to be much stronger legislation in regards to domestic violence. As I see it (and as I wrote before, in my article ‘Cleaning house!‘ on July 1st 2014). It is my firm believe that Article 3 of the ECHR should state:

ARTICLE 3, Prohibition of torture
1. No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
2. Domestic violence will be regarded as inhuman and degrading treatment of a person and is as such subject to local criminal law

Until a larger operation makes clear case in a legal way attacking domestic violence, making it a capital crime, a massive portion of the population remains at risk. So in my view, the article by Monica Tan is an issue on several fronts.

The quotes “Now that I’ve taken a small sip at the cup of rape” and “This is not my story of rape. But it is a story with rape-ish qualities” makes me object loudly. As I see it, she never took a sip of anything. Either she was subjected to rape or she was not. It is not to be trivialised in any way. Monica found a case that was an issue in legal terms. Even though the law tries to be protective, it was flawed. The CPS states “Consent can be withdrawn at any time during sexual activity and each time activity occurs“, I am all for that however, WHY does the Sexual Offences Act 2003 not clearly states this? The issues in the caser as mentioned earlier, the writing by Olivia Stiles showed this and above all, the fact that the article ‘CPS and police focus on consent at first joint National Rape Conference‘, written on the 28th of January 2015 discusses this (at http://www.cps.gov.uk/news/latest_news/cps_and_police_focus_on_consent_at_first_joint_national_rape_conference/), should be sustenance for discussion.

Monica Tan has now mixed two issues, issues that are clearly linked, but remain separate. The law is so bend on the sexual crime issues, making it all murkier, and again more powerful legislation needed to deal with domestic abuse falls behind again. I personally feel that if we can effectively lower domestic violence, it would also impact sexual offences as a whole. I personally witnessed as a kid for many years how my mother was beaten to near death again and again. I was too young and too late to protect her, but in the end I danced on my father’s grave (I did it to the Shaggy song ‘it wasn’t me’) in 2002.

As I personally see it, Monica Tan found an interesting case, added a picture of a woman looking distressed in bed added emotions and got a story out there. The legal ramifications on consent are interesting, but that is all, interesting! The issue of consent stays, and is still debated largely. I personally feel that taking the CPS event as a centre piece, illuminating that consent remains an issue would have been a lot better. You see, the heart of the matter was a clearly stated in the CPS article in 70 words: “Director of Public Prosecutions Alison Saunders said: “For too long society has blamed rape victims for confusing the issue of consent – by drinking or dressing provocatively for example – but it is not they who are confused, it is society itself and we must challenge that. Consent to sexual activity is not a grey area – in law it is clearly defined and must be given fully and freely” and guess what, domestic violence is NEVER EVER done with consent. There is always a transgressor and a victim!

That part must be dealt with, it should have been done so decades ago. If that had been done, than perhaps my mother might have been around to share in the pride, when I was added to the roll of attorneys, it was not meant to be!

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Rated into immorality

Can anyone explain something weird to me? The news is given (at http://www.theguardian.com/technology/2014/nov/14/twitter-given-junk-credit-rating) to impress upon us a combination of values and steps that are beyond immoral. Consider the tweet, tweet twitter engine. I use it almost every day, it is the one unbiased part where we can follow events, people and companies so that we keep up to date, small messages that bring the actual information. A company that had a massive idea, is making money, when we see the quote “Jim Prosser, a spokesman for Twitter, pointed to S&P’s own words as comment: “Twitter will continue to experience very strong growth and not encounter a significant increase in competitive pressure.”“, we see issues, but is anyone seeing the question behind it? Then we see the one little gem hidden in all the text “The rating is unsolicited“, is this part of the issue? You see, as we look at companies, their revenue, their profit and some might consider their contribution, so as we look at it why is S&P suddenly decided ‘Twitter given junk credit rating‘? It seems to me that there is an economic shift going on. As companies are doing well, they are now getting downgraded for not meeting the expectations of some analysts.

Yet, where is this world going to?

Consider the application of morale (a word not found in a financiers dictionary) and reasoning for my thought train at present is the following: ‘Forex-rigging investigation: George Osborne gives full backing to SFO‘ (at http://www.theguardian.com/business/2014/nov/14/forex-rigging-investigation-george-osborne-sfo). Libor, Forex, Tesco and there is absolutely ZERO indication that this is just it. At the edge of reason we see the quote ‘Because I don’t want you to see any of my wobbly bits‘, which sounds ample and applicable as the financial district of happily ‘screw everyone over‘, it is all about the wobbly bits, according to Bridget Jones!

Consider the Forex articles. The second one is http://www.reuters.com/article/2014/11/14/us-banks-forex-crime-idUSKCN0IY0LV20141114. The issue is not just the events, the quote “Royal Bank of Scotland, HSBC, JP Morgan, Citigroup, Bank of America Corp and UBS were hit with penalties. Barclays is still in talks with authorities over a settlement“, which not just how far the issue has overstepped, but the issue is where banking laws are falling short, short to the extent that we have in access of half a decade. The issues continued after the banking collapse as the financial population continued to be nothing more than an eager courtesan to the bonus they so crave. The end result is a malignant decay of morals, standards and all this now (as I personally see it) on the standards as the poor are left with less than none, so Standards & Poor it is!

We now get back to what I regard to be a new level of exploited levelling. Consider the hidden simplicity that Libor held; now consider that debt ratings Moody’s, S&P, Fitch and the relative newbie Egan-Jones decide on ratings. Combine ‘how to lie with statistics‘ (a famous book by Darrell Huff) and the need to manipulate the market for 23 billionaires and we see the light of junk status made Twitter in a whole new light. Consider the basic state of an economy. A company sells, makes profit and pays taxes, a nation flourishes! This is a naive (remember my non-economic degree?) approach towards the worlds cloud of business. Investors, shareholders, analysts and raters are a cog within a machine of cogs. Yet this inner circular machine is different. It inflates, malleably changes and coaches towards a change that seems to be intent on syphoning and draining virtual cash flows into a different premise of profit, which is then turned to actual money. In an age of debts that go beyond the total of all treasuries, virtual numbers that have little to no foundation. The foundations and the levels they have been compromised towards are of a dimension we never imagined possible. Consider that the big banks have been fined in excess of 2.3 billion (at http://www.forbes.com/sites/halahtouryalai/2013/12/04/big-banks-fined-2-3b-over-illegal-libor-cartels-more-fines-on-the-way/), I wrote about it in ‘60% confiscated and counting in Cyprus!‘, on April 1st 2013, yet do not think this article to be a joke. I stated “If this is what frightens the US, then consider the consequences of a system like LIBOR being manipulated through the total value of trade. If that would have been off by 11.2%. Out of $1000T (UK and US combined) then that difference would be $112T“, several people laughed out loud then, yet now consider not just Libor, but the audited events of Tesco, the $5.3 trillion market of Forex and the fact that morality might be found in a church, but as we see the evidence, morality is not found in banks and financial institutions, where will it end?

With the Twitter events that question becomes more debatable and the impact that rating companies now impress upon profit turning companies have. Is it just about profit, or about the stated ‘anticipated statement of profit’? As certain ‘analysts’ claim that events are not exceeded, stock becomes junk, waves are created and as such, the welfare of companies are tweaked into a state of artificially changed state, some are inflated, some deflated, but always towards the claim of raters and analysts. The bottom line set towards an algorithm. Consider these states as we have seen not just the change of Tesco, but the events as they also gave way of downgraded profits with Sainsbury, which was not so vocally seen before that day in September. Interactions on many levels, based upon foundations that no one seems to question. Consider how the expectations were set by ‘analysts’ based upon data given to them and data available to them, now consider how Tesco had a quarter of a billion inflated and how the Pricewaterhouse Cooper auditors were ignorant of the inflated condition, now consider how Analysts used that element in predicting waves, the raters predicted and set the value and they are now setting the anticipation of investors and shareholders, an artificial pool with tidal wave creating capacity, and the two elements that have the ability to set the power and size of the waves. So how is your view of financial morality now? Consider the final part in this story. When we consider a story on Fortune titled ‘Twitter is junk, while Alibaba is class, ratings agencies say‘ (at http://fortune.com/2014/11/14/twitter-is-junk-while-alibaba-is-class-ratings-agencies-say/), why is that? Twitter is still holding its own, is it perhaps that the waves of Alibaba can be more easily influenced? Companies valued at the ability where the waves can be decided by the financial cogs, the stability of Twitter is less interesting to them, so they make way for whoever can aid in creating the waves these financial people want. (The last part you read is all speculation on my side), yet speculation or not, when we see the waves of Libor and Forex, are my thoughts so far out of bounds? How Twitter making millions is downgraded, how Tesco, beyond the inflated profits, still made a billion, it’s downgrade of 90% seems excessive beyond punishment, but Tesco is not a good example (because of their own internal manipulation), Consider the Fortune quote “And the fact that Alibaba is 90% dependent on a home market that is slowing, while acknowledged as a risk, doesn’t seem to scare the agencies“, it does not scare them, or it appeals the dependency of Alibaba to make certain decisions down the line? There is a side that seems ignored by all, I personally still have a hard time believing that (as my calculation went in ‘Price Waterfall Blooper‘ on October 25th) the price for 199 auditors could not find two events of inflation of each well over 100 million. Are my suspicions in regards to manipulations that far-fetched?

I wonder how long it will take for the law to catch up, for the Department of Public Prosecutions (DPP) or Crown Prosecuting Services (CPS) to get a handle on these events and deter these actions to such a degree. There should be additional questions as the raters are all American, in light of their shortfall that approaches 18 trillion at present. It seems that the US has no options, no solution and no resolution strategy, yet we see that the big four give ratings are all American. The last part is not an accusation in any way, yet the fact that the Auditors need new oversight, especially in the light of American auditing firm Pricewaterhouse Cooper as they will face questions regarding Tesco. As the 4 largest auditors include UK and Netherlands, why are there only American raters (of the proportions of the large 4)? With the risk of manipulation, should there not be a British and even a French or a Dutch rating service? Let’s not forget that PwC faces possible investigation, not because they are more likely than not guilty, but because their innocence needs to be proven beyond any doubt, especially in light of the amount of companies audited by them as well as the issue of 199 auditors (as I calculated them) not finding anything. When we consider the length of time that PwC has had Tesco as a customer, yet, these are two separate issues, there is no inkling of suspicion that auditors are part of any manipulation, yet the auditor’s data is essential to such steps.

Where is the solution?

Not sure if I know of one, laws can be made draconian to give much harsher sentence to the transgressors, but the issue is not the transgressors, the issue is that these ‘manipulators’ have by definition of law not broken any rules. Yes, we see the fines of Libor and soon Forex, these transgressions are seemingly clear, but what of the raters and the analysts? The issues of data are at the foundation here. That what is raw data and how it becomes processed data is now at the centre of it all. That what is construed to be the creator of waves through analysts, raters and auditors; Auditors collecting the data, analysts to manipulate (which is what they might see as a simple application of personal preference and weighting) and raters to set the pace for investors and shareholders.

So tell me, how wrong is MY view and why have these influential cogs not been dealt with through legislation?

 

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Criminally stupid!

Another day and another Sky News article grabbed my attention. Today it is “Metal Studs Treat The Homeless ‘Like Animals’” (at http://news.sky.com/story/1277765/metal-studs-treat-the-homeless-like-animals).

In London, the reaction to a homeless person sleeping in their entry hall was met with an almost medieval solution. They decided to place spikes on the floor at an interval so that a person would not go to sleep in that location. Most people reacted in outrage on the solution. The article goes on a little more and added the following statement “Homelessness charities say this is not a one-off, metal studs have been appearing across the country for the last decade as the number of people sleeping rough rises.

So the people are actively ‘acting’ out against these homeless people. The part that puzzles me is the legal side of the matter. In the UK they have R v Miller [1982] UKHL 6, a criminal law case demonstrating how actus reus can be interpreted to be not only an act, but a failure to act. The judgment here “I see no rational ground for excluding from conduct capable of giving rise to criminal liability, conduct which consists of failing to take measures that lie within one’s power to counteract a danger that one has oneself created, if at the time of such conduct one’s state of mind is such as constitutes a necessary ingredient of the offence.

I found it pleasing to use the vagrant case, because the person who did this is less a person than the people he/she is trying to chase away. In this case it is not just the homeless person, but ANY person tripping, falling and getting hurt because of those spikes. The culprit who placed the spikes will be directly responsible for inflicting grievous bodily harm, which under section 18 of the Offences against the Person Act 1861 could get the spike culprit a sentence up to life imprisonment. It was interesting that the news cast did not bear this out, or any criminal transgression for that matter. The Guardian has almost the same story and is pleading for the Southwark council to act against this.

Let’s look at this situation one more time from a legal perspective (me now grumpily looking up my UK Offences against the Person Act 1861 section 18 in PDF form). Even if it is the homeless person and not an innocent bystander, we could prove harm with the first instance (one drop of blood is enough) and as the victim is likely either a homeless person or even a junkie, we get a factor indicating greater harm as per “Victim is particularly vulnerable because of personal circumstances” in addition we have culpability through “Offence motivated by, or demonstrating, hostility to the victim based on the victim’s disability (or presumed disability)“, which we might achieve considering the social status of the person, which also proves discrimination. The spikes and the effort required shows premeditation and the two additional aggravated factors are “Deliberately causes more harm than is necessary for commission of offence” and “Deliberate targeting of vulnerable victim“.

My question becomes, why are the parties (or so they seem to) not talking to the CPS (Crown Prosecution Services) in regards to this act? There is a host of additional parts in these events and they all point to acts of maliciousness.

Even here in Australia the NSW Crimes Act 1900 would have a powerful case against the placer of these spikes. It becomes thus a question on whether it is just for the council, or are nations in the Commonwealth facing a new level of intolerability and as such, the wave of these events are not even properly looked at. The fact that the press is not speaking out in regards to the crimes that these spikes represent is also a matter of question, as is the lack of visibility from the CPS in this matter, especially if we consider the quote “they appeared a few weeks ago after someone had been sleeping rough there“, which implies that several authorities should have alerted the police and they should have alerted the CPS to these events.

 

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Crime still pays!

If the banks are any indication then there is plenty of indications that only amateurs become burglars, thieves or murderers. If you really want to move forward in strong financial ways, then one needs to become a banker. That is the message we read when we see the Dutch approach to their RABO bank in regards to the LIBOR scandal. The RABO received its 774 million euro fine. Part of the information is here at http://nos.nl/video/568494-rabobankbestuurder-schat-geschokt-door-renteschandaal.html

One of the issues is that they paid off the Dutch version of the CPS with a 70 million euro settlement.

The news mentioned that some got fired, some lost rank, and people lost commission (no explicit mention whether all lost it). This is part of the problem. Some got away and they can try again at some point. I personally found the mention that chairman of the board Piet Moerland’s departure to be a hollow one. Yes, this is just my personal view! He would have retired next year. Consider that the RABO puts a fine of three quarters of a billion in the books this month, which gives us that the next fiscal year the board is less likely to get any commission, which gives us the view that the RABO boss decides to retire and not work for free. Interesting is, that whilst the issues of LIBOR have been visible (for well over a year) that the final moment when the amount is known sends him to make a gesture resulting in his non-working near future. There is no evidence that the top knew what was going on. Yet another story by the NOS shows that even though traders got such lovely extras, no real internal investigation existed on how they got to these high commissions.

There is something to be said about Sipko Schat, who was in charge of the traders in that period and who remains with the RABO bank. That part is not negative. There was no indication of any sorts (or so it seems at present) that he had any idea what was going on. We can doubt that, yet considering the structures of the other involved banks, the viewpoint that Sipco Schat seems to be innocent and unconnected is a rational and acceptable one.

So why the issue on crime that pays?

It seems to me that if we consider the Dutch Banking law of 1998 that at present, there do not seem to be enough handles in place to successfully prosecute these transgressors and this issues goes vastly beyond the Dutch borders, which is the one part that truly bites the people of many nations (not just the Dutch). It is my conclusion that the Dutch prosecutions office was willing to settle for 70 million, for the realistic reason that the chance of getting true legal justice for the transgressors seems to have been unlikely and for those who got to feel the axe, the proceedings for the crown would have been a lot lower. Yet prosecuting them might have been a better option. This is because many are now seeing and feeling the same sting of the years of building frauds for the Amsterdam International tunnel (to name one of several events), where three constructors settled for 1 million each, even though the transgressions showed inaccuracies of well over 30 million. This was in November 2001. There were additional building fraud cases in 2002 and 2003. Isn’t it interesting how builders and banks seem to get to settle for the fraction of the transgressed amount?

Even though much of the actual damages will get returned, not all of it will and it seems to me that profit margins remain to be too good for people not to try a roll at the high yielding criminal slot machine.

I see the issue in several nations that non-violent crimes are not correctly weighted (so, not just in the Netherlands). Too many judges seem to remain oblivious on the consequences of non-violent crimes, often these events get trivialised in courts (not just the Dutch). Not enough power is placed on improved legislation and successful convictions against financial crimes and no one seems to be willing to rock the stable boat in these regards. Until the cutting knife of the law shows unreservedly that traders and bankers could lose their professional licences and qualifications for such transgressions too many remain willing to give the slot machine of ‘hefty returns’ a go, as $1 might give them $xn if they can roll the bars to F-RAU-D, because even if they get caught, there seems to be a decent chance for them to hold onto a fair share of the unfair gained amount.

 

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