Tag Archives: CPS

Lawyers on a weakly basis

It is the Lawyers Weekly that gets the attention at present. The article (at https://www.lawyersweekly.com.au/biglaw/22159-lawyers-don-t-need-to-become-accomplices-to-white-collar-crime) gives us the nice title with ‘Lawyers ‘don’t need to become accomplices’ to white-collar crime‘, yet is that statement anywhere near the truth or the applicable situation that many face in today’s industry? Monty Raphael QC talks the talk and does so very nicely as the experienced QC he is, yet there were a few points in all this that are an issue to me and it should be an issue to a much larger community. For me it starts with the quote ““Cyber space has not created any new crimes, as such, really, of any significance,” Mr Raphael said.” This is of course a correct statement, because until the laws are adjusted, plenty of issues are not covered as crimes. We merely need to look at the defence cloak that ‘facilitation’ gives to see that plenty is not covered. The case D Tamiz v Google Inc is merely one example and as technology renews and evolves, more and newer issues will rise, not merely in cases of defamation breaking on the defence of mere facilitation.

Yet for this matter, what is more a visible situation is the case of Tesco a how PwC seems to not be under the scrutiny it should be, it should have been so from day 1. So when we read: “Mr Raphael insisted that lawyers have an ethical obligation to ensure they do not support or enable white-collar crime” we are introduced to a statement that is for the most seemingly empty. I state it in this way, because the options of scaling the legal walls while not breaking any of the laws that were bended to the will of the needy is an increasingly more challenging task. If the legal walls were better than PwC would clearly be in the dock 2 years ago, or would they? In addition, they are not alone, merely slightly (read: loads) more visible as the profit before tax for Tesco ended up being minus 6.3 billion in 2015.

Monty makes a good case, yet the underlying issue is not the lawyer, it for the most never was. It is the law itself. This is why I object to the title, it is nice but is it true? PwC shows that even as we oppose their actions, the fact that they are not in the dock is because when we see Reuters (at https://uk.reuters.com/article/uk-britain-tesco-fraud/former-tesco-executives-pressured-staff-to-cook-books-court-told-idUKKCN1C41TK) we see “Tesco’s auditors PwC were “misled and lied to,” Wass added“. Is this true? Let’s consider the evidence, can it be shown and proven that they were lied to?

It might never be proven because the people in the dock have had years to get their story right (read: synchronised). What I stated at the very beginning of the events of Tesco remains true and it remains the issue. The fact is that PwC made that year £13 million from this one customer. Much of it in a project and auditors for the rest and they did not spot the fact that the books were ‘cooked’, will remain an issue with me for some time to come. It is the Tesco case that also underlies the issue here. It is about the weak lawyer, not because he is weak, but the lack of proper laws protecting all victims of white collar entrepreneurs is stopping them from aiding potential victims. In addition as the law is struggling to merely remain four passes behind it all, it becomes less and less useful, not to mention a lot less effective. As the next generation of economic tools are being rolled out (block chain being a first), we will see new iteration of issues for the law, for both the CPS and DPP as it cannot progress forward in light of the legal parties not comprehending the technology in front of them, so showing wrongdoing will become an increasingly hard task for lawyer to work with. The biggest issue is that as it is all virtual, the issue of non-repudiation goes out of the window. Not only will it become close to impossible to work with the premise of ‘beyond all reasonable doubt‘, there is the fact that ‘proof on a balance of probabilities‘ is becoming equally a stretch. The fact of non-repudiation is only one of several factors. So as we have seen that successful criminals tend to hide on the edge of technology, the chance to stop them is becoming increasingly less likely.

This now gets us to the statement “In the wake of the Panama Papers revelation from law firm Mossack Fonseca, Mr Raphael cautioned that clients’ criminal activities can come back to haunt their law firms“, the fact that both former prime ministers involved in the Panama paper scandals, Bjarni Benediktsson and Sigmundur Davíð Gunnlaugsson, have been re-elected to the Icelandic parliament (Source: IceNews), so it seems that the Panama papers are a little less of a haunt. In addition there will be a long debate of what constitutes the difference between Tax Avoidance and Tax Evasion, because only one of those two is illegal. In addition certain questions on how 2.6TB was leaked and no alarms went off is also an issue, because the time required to get a hold of such a large amount of documents would take a monumental amount of time and with every option to shorten the path, alarms should have been ringing. When we consider the basic IT issues, we get partial answers but not the answers that clearly address the issues, as they did not. The time it had required to do all this should have placed it on the IT radar and that never happened. So as we see on how patches and security risks are now being pushed for as a reason, we need to wonder if Mossack Fonseca could have been the wealthy party it claimed to have been. When we consider the expression ‘a fool and his money are soon parted‘ the lowest level of IT transgressions that have been seemingly overlooked gives rise to a total lack of Common Cyber Sense, staff that should have been regarded as incompetent and an infrastructure that was lacking to a much larger degree. You see, even before we get to the topic of  ‘illegally obtained data‘ which was used for investigations that have convicted people of crimes, the larger issue that could be in play  on the foundation of that data alone, a few prison sentences could be regarded as invalid, or might get overturned soon enough. There were cases where the story gives clear indications of what was done and here we see the consideration of what is admissible evidence. In this, the one step back is the IT part. The hardware would have regarded as little as $100K to upgrade to better security standards and hiring a better level of University Student in his or her final year might have given a much safer IT environment, perhaps even at half the current cost.

All issues worthy of debate, yet none of it hitting the lawyers; it more hits the infrastructure of it all. Yet these two issues that might now be seen as real hindrances for lawyers, in a place of laws that are now seemingly too weak, the law, not the lawyer. So as we recollect the Toronto Star in January 2017 where we see “Canada is a good place to create tax planning structures to minimize taxes like interest, dividends, capital gains, retirement income and rental income,” when we see the added “the Canadian government has made it easier than ever for criminals and tax cheats to move money in and out by signing tax agreements with 115 countries” we see growing evidence that the law is getting hindered by eager politicians making their mark for large corporations through the signing of tax agreements, and what they think would be long term benefits for their economy, whilst in actuality the opposite becomes the case. So every clever Tom, Dick and Mossack Fonseca can set up valid and legal shapes of international corporations all paying slightly less than a farthing for all their taxations. Legal paths, enabled by politicians and as the laws are not adjusted we can all idly stand by how nothing illegal is going on. So as we admire the weakly lawyers, we get to realise that the law and the politicians adjusting it weakened their impact.

In all this at no point would the Lawyer have been an accomplice. The data lies with IT, the setting of these off shore accounts were largely valid and legally sound and in that, there could always be a bad apple, yet that does not make the Lawyer an accomplice. That brings us to the final part which we see with “Money laundering has been in the spotlight recently, with the Commonwealth Bank facing punishment for failing to report suspicious deposits in its ATMs“. It needs to be seen against “Mr Raphael insisted that lawyers have an ethical obligation to ensure they do not support or enable white-collar crime” in this the banks are already faltering. We seek the dark light events of PwC and Mossack Fonseca, yet the basics are already getting ignored. I believe that the article is missing a part, I feel certain that it has at least been on the mind of my jurisprudential peer. You see, the legal councils will need to evolve. Not only will they need to do what they are already doing, the path where they (or more likely their interns) start to teach IT and other divisions a legal introduction on what is white collar crimes. The fact on how ‘suspicious deposits‘ could be a white collar crime is becoming more and more visible. I see that the education of IP legality in IT is now growing and growing. The intertwining can no longer be avoided. Now, we can agree that an IT person does not need a law degree, but the essential need to comprehend certain parts, in the growing mountains of data is more and more a given.

In all this there is one clear part that I oppose with Mr Raphael, it is the statement ‘There’s nothing cultural about greed‘, you see, as I personally see it that is no longer true, the corporate culture that is globally embraced made it so!

 

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It starts with a wrong label

Yes, merely ‘the wrong label’ is the beginning of what we see (at https://www.theguardian.com/society/2017/oct/16/nhs-data-loss-scandal-deepens-with-162000-more-files-missing) when we see the press look at ‘loss‘ and data files. You see, when we see a million documents that have been removed, that whilst the media (in this case the Guardian) uses expressions like ‘went missing‘ and ‘gone astray‘ we need to worry about the media as a whole. You see this is nothing less than an optional cover up of intentional negligence, multiple acts of manslaughter and perhaps even mass murder. That is quite a leap is it not? You see, when 137 documents are removed and wiped from a system it is a clear cover-up. Just lose those and 925.000 other documents and you get a systematic failure and no one looks too deeply, because now we have an optional situation where MP’s can vie for a few billion to ‘fix it‘. Yet the levels of what went wrong and more important the fact that I myself had a solution available (which would require another year to implement) is exactly the solution that would be preventing this. By the way, this is not about me trying to sell ‘some’ solution. This is merely the application of common sense. We can all agree that a document can get lost, it should not, but it happens. After the loss, if the system is set up correctly, the loss could be recovered. That is when a system is properly set up.

Yet, the opposite is what we see now. Now, we get a mess that is even larger and no one has any clue on how to proceed.

This last statement requires clarification, because merely stating an issue, does not make it one. It is initially seen in the quote “Officials said that in the course of their inquiries, they had identified a further 150,000 medical documents that had been mistakenly sent to the outsourcing firm Capita by GPs; and a further 12,000 missing papers that had had not been processed by SBS“. So it involves several GP’s, which means that the infrastructure has either a systemic failure, or has been mishandled by those in charge. The document went out of the hands of the GP’s, and those who had no copies basically threw away the health of their patients. So what happened when it went to the outsourcing firm? They should still have the papers, or they have forward them to someone else. You see, 12,000 papers (with envelopes) is a large bundle of paper and that does not just go missing, someone received it, processed it and what happened afterwards? How was it processed? The systemic failure is larger when we consider “However, despite staff raising concerns, the firm – which is 49.99% owned by the Department of Health – did not alert the department or NHS England until March last year, 26 months later. SBS was then “obstructive and unhelpful” to NHS England in the inquiry it then instigated, the NAO found“. The 26 month period implies in my view that arrests and prosecution of staff becomes clear. Was that done? What were the actions of the Department of Health, the NHS or the DPP for that matter? 26 months of inaction, it is perhaps the first clear part in this that gives rise to my suspicions. The additional “SBS has paid £4.34m for the loss” gives rise to the fact that the negligence goes a lot higher up the ladder than we are shown. In a place where anything more than £10,000 requires autographs from people who usually cannot be found to sign for anything for months at a time, someone dished out £4 million plus to make it go away.

There is the foundation of mismanaged events that are also the stepping stones of endangering the lives of people. The alleged issue, or is that evident issue that there is more going on can be seen in the quote “People should be reassured that despite reviewing over 97% of the records that SBS failed to process not a single case of patient harm has been identified”, so how does the NHS spokesperson know this? 97% whilst hundreds of thousands of documents including treatments and health plans are missing, how are they so sure? It gives rise to my suspicions of something else. What else? I do not know and it is mere ‘conspiracy theorist’ waves to make any alleged setting here, but the setting in the end that we read about is not about prosecution, it is about an upcoming wave of spending that the UK government cannot afford at present, giving rise to even more issues to come. With “Jeremy Hunt must urgently come before parliament to explain what steps are being taken to ensure this does not happen again“, You see, the ‘happen again‘ part implies that it is clear how it happened in the first place and that is the part where the DPP should have visibly stepped in, and as far as we can tell this did not happen. In addition, with ‘what steps are being taken‘, there is an implied setting that there was a thorough investigation and that might have been part of those steps, yet that did not happen (as far as we can tell) and the fact that the mess was covered up for 26 months gives rise to my suspicions that this was not merely about records. We only need to loop sat the Pharmaceutical scandals in 2013 and 2017, the link to Aspen holdings and the fact that someone saw the option, through a loophole to drive prices by 4,000%. Perhaps that now gives more suspicion to so many documents being ‘misplaced‘. I am not implying that Aspen Holdings is involved in this (or implying that they were), I am merely stating that there have been larger bungles costing millions upon millions that might not survive the scrutiny that the light of day brings. With the Times and the Independent howling one side, the report of ‘lost’ documents is even more unsettling, because that now implies that the usage of certain medication is now only in the hands of the NHS, and they seem to be very uneasy of seeing certain numbers appear. Those numbers will still appear, but now possible on a whole stack of other medication, so that the impact of 3-5 medication suppliers remains unseen. So am I correct? Do not take my word for it and do not merely believe me, I am not asking you to do that, I am asking you to see the failure of these lost documents is a lot bigger than ‘merely’ one outsourcing firm, to lose this amount of paperwork require orchestration on a higher level, that is one part that should be pretty apparent. Yet that last part is still speculative in nature because with the loss of one side, reporting and data dash-boarding on the other side is not a given and may not be impacted, that is the part I will admit to, there are unknown sides in that part, yet the question and the speculative consideration remains in place.

Now, this is not a new revelation, In February and June we saw this news hit the papers and magazines. In all this the DPP remains unseen. When we consider the impact that the events are having and the possible dangers to people’s health, to see nothing at all in relation to Alison Saunders is pretty weird to say the least. It looks fine when she makes a speech regarding the expectations of the NHS on fairness. So as we see “Alison Saunders said the Crown Prosecution Service will seek stiffer penalties for abuse on Twitter, Facebook and other social media platforms“, we think she is doing her job and she is, yet she has yet to give us anything on the entire lost paper trail, the documents, the actions by the NHL and the outside resource. Is that not even stranger?

You see this all started in February with ‘More than 500,000 pieces of patient data between GPs and hospitals went undelivered between 2011 and 2016‘ (at https://www.theguardian.com/society/2017/feb/26/nhs-accused-of-covering-up-huge-data-loss-that-put-thousands-at-risk). With “The mislaid documents, which range from screening results to blood tests to diagnoses, failed to reach their intended recipients because the company meant to ensure their delivery mistakenly stored them in a warehouse” we get a new part. You see, stored does not mean lost, and this gets weirder with “NHS England secretly assembled a 50-strong team of administrators, based in Leeds, to clear up the mess created by NHS Shared Business Services (NHS SBS), who mislaid the documents“. So at this point 8 months ago, the DPP had a clear responsibility. You see when we look at the CPS we see (on their own website ‘the three specialist casework divisions are: the Specialist Fraud Division (which also incorporates Welfare Rural & Health), the Special Crime & Counter Terrorism Division and the International Justice and Organised Crime Division. They deal with challenging cases that require specialist experience, including the prosecution of cases investigated by the Department of Health and Medicines and Healthcare products Regulatory Agency‘ (I skipped the other departments), so we see here that there was a clear setting last February alone, the longer the inaction, the worse the damage becomes, that has been proven again and again.

In June we see ‘Health secretary forced to respond to urgent Commons question after withering NAO report on loss of 700,000 health documents‘ (at https://www.theguardian.com/society/2017/jun/27/jeremy-hunt-nhs-shared-business-services-data-loss-scandal). With “answer questions from MPs after a damning National Audit Office report found that the scandal may have harmed the health of at least 1,788 patients and had so far cost £6.6m“, we see one side, I expect the damage to be distinctively larger. You see the DPP (as well as the whole of the CPS) seemingly ignored “The private company, co-owned by the Department of Health and the French firm Sopra Steria, was working as a kind of internal postal service within the NHS in England until March last year“, so was this an experiment gone wrong? Was this a PLM error (product lifecycle management) on a massive scale and this does not stop with Sopra Steria, there was an increasing risk that CIMPA S.A.S was linked to all this. The operative word is ‘was’ as the DPP and her CPS seemingly sat on their own hands for at least 8 months, maybe even more. You see, my suspicions are taking me to the fact that the Department of Health knew more on a higher level. That suspicion is shown with “the NAO report pointed out that the DH had chosen not to take up two of the three seats in the boardroom it was entitled to as 49.99% owner of SBS“, so please tell me when was the last time that ANYONE in the department of Health was willing to pass up any boardroom seat. Even if the pay sucks (which it never does) it opens up networking avenues for people they never had before, to the ‘let’s not take this seat‘ would be completely out of the question, dozens at the DH would be chomping at the bits to get a leg up in visibility, so that is how I personally see this mess. When certain members steer clear, there is a larger issue and the DPP was fast asleep (or at least so it seems).

And now the plot thickens!

With: “The government’s response has been complacent and evasive. It’s still not clear how much public money has been wasted in this affair or how this private company is going to be held to account. It’s totally unreasonable for Jeremy Hunt to wash his hands of this when more and more details of his department’s failures keep emerging“, that whilst it had been known that up till 8 months ago £6.6 million was spend and it is not mentioned now is only the top of the issue. With the absence of Sopra Steria and CIMPA it seems that certain sides are pushed away from the centre of the room. It is equally seen when we see “Geoffrey Clifton-Brown, a Conservative committee member, said: “You tell us the bombshell that whilst on a trawl of local trusts you find another 12,000 and then you found another 150,000 missing items“, here I cannot tell whether the issue was raised or not (it was not in the Guardian article), yet there is no way that Geoffrey was unaware, a graduate of Eton and Freeman of the City of London. There is no doubt in my mind that he was aware of the links, the question is why questioning in this direction was not pursued and/or reported on. So when you might have been thinking that I was all about some ‘conspiracy theory‘ in the beginning. Do you still think so? The entire PLM issue is one that is not bathing in millions, but in billions as infrastructure crack more and more on the paper trails and reports they require PLM solutions are the only one stopping systems from collapsing overnight. In this regard even India is on par with the needs and CIMPA is taking every step to be the only player of significance there. So now some of the events make a lot more sense, do they not? You see CIMPA was on the right track, until AI becomes the path that solves certain issues, it will be about automation and data processing. For a lack of term ‘from paper to digital data without people’ is what is required as people are the drain on speed and the postal sorting machines had proven that side decades ago. In the end what exactly happened is uncertain and might never be known, especially as the DPP is seemingly still asleep in all this. Did the solution fall over, did the data collapse? We might never know, yet in all this the one part I left for the very end. With the mention of ‘private company, co-owned by the Department of Health and the French firm Sopra Steria‘ there is one side not mentioned. You see private companies have revenues and profits, these profits go to private individuals. None of the articles shed any light on those people involved did they? The DPP, the CPS, Vince Cable, and the Guardian made no mention of that at all and Geoffrey Clifton-Brown didn’t ask these questions either did he?

5 parties all with interests are avoiding looking into a direction to the extent that it needs to get. The fact that it happens under our noses is particularly interesting. I wonder what we will learn in a few weeks, especially as this 26 month ‘slicer’ is as quoted by Simon Stevens, the NHS’s chief executive to be dealt with in the next 5 months with: “This should be wrapped up by the end of March. End of March is a feasible goal.

By that time what else will they not have looked at?

 

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The new Monopoly game

Do you remember playing monopoly? Did you ever play it? I grew up loving it. I am not some realtor, some real estate dreamer beyond the dream of having my own place. Most of us are like that. Just the time when I was young and the family played that game, or plying it with a couple of friends. I ended up having several versions, including the replica original with coins, in a wooden box, just a cool thing to have. So when we consider this game, as the prices of the streets were shown in those days; we knew that blue was the highest an always out of our reach. I lived in a green property for some time, so life felt good, yet today, Yellow, Red, Orange, Purple and light blue are no longer in my view of affordability, in the best case, I might be able to get one of the brown coloured properties. This is how the market changed in a mere 22 years. From an optional 80% of the map to a mere 2 out of 16, that is all that was left to me. So when I read ‘Total UK wealth tops £10tn thanks to City and property boom‘ by Larry Elliott (at https://www.theguardian.com/business/2017/aug/08/total-uk-wealth-city-property-homes-inequality-saving), I just had to laugh. I understand that he might be trying to have a sense of humour about it. Yet when we see “A booming City and rising house prices provided a double boost to Britons holding assets in 2016 as they pushed the nation’s wealth through the £10tn mark, according to a new survey“, the question becomes: ‘How much of that is NOT owned by foreign investors?‘ Is that a weird question or what? Even as we see “Since the better off held a greater proportion of these assets, 40% of the gains of rising share and bond prices went to the richest 5% of households“, is ‘households’ correct or should it read clients represented by British law and accountancy firms, representing foreign interests in the UK? With “The £3.9tn increase in the value of residential property and financial assets owned by UK residents represented a 59% rise, whereas prices rose by 39% and gross household income was up 37%“, we see again the ‘UK resident‘ part and when we take a look at the government (at http://www.ukimmigration.com/investor/uk_investor_visa.htm), we see that basically any person investing in any property (as the London bulk is well over £1 million, the threshold for foreign investors is reached), which beckons the call, when we start digging into UK residents versus UK citizens, how will this all end? Lloyds shows even more sense of humour with “Lloyds said its figure excluded non-residential property and assets held by charities and other non-profit institutions“, which clearly includes all the foreign investors and they are always in it for the profit. It is the final part that gives the new consideration “However, a continued low mortgage rate environment, combined with an ongoing shortage of properties for sale, should help continue to support house prices over the coming months“. This now gives the premise, have the current and previous governments been guilty of betraying the British people by setting the stage of ‘ongoing shortage of properties for sale‘, in this we see the historic part that former Prime minister Margaret Thatcher was the last of the prime ministers giving a rising and clear need for social housing. We see this in the 2015 article from the BBC (at http://www.bbc.com/news/uk-14380936) where the amount of social housing went up in the beginning of her ‘reign’ to the highest ever recorded surpassing 150,000 right-to-buy, it took a small dive and in 1987 it got back to around 140,000, after she was succeeded in 1990, social housing took a steep dive to below 50,000 and from there it just went down and down. At the end of the labour reign in 2010 it was at the lowest stage ever, only now is there a small increase visible in that graph. Yet in the BBC article we also see a problem, even as it compares to 1918 where owner occupied is a mere 23%, the 2012-2013 part where 65% is owner occupied is as I call it ‘misrepresented‘ at 65%, because how much of that is empty and what part is foreign invested? You see, plenty of places in London are not offered for rent, but for lease, so who is the owner in that case and where does this fit in that graph? If we add the privately rented, we see that socially rented is a mere 16% (way higher than 1918), yet as we see the Thatcher numbers, who got the people there and how were the people kept out of affordable housing by not making that available. In Australia it might be as bad as the valid people in NSW housing are on the lists for a time in excess of 6 years. So how is that a solution to solving housing issues? And let’s not forget, when the housing is set and forced to become a larger contributor to social (read affordable) housing, what then remains of this ‘£10tn UK wealth‘ housing side? The fact that both sides of the political isle have been in denial and remiss to get any of that solved and Jeremy Corbyn claims to have a solution by pushing the UK in even deeper debt, deeper by the better part of a trillion pounds. So how does that help anyone?

Now, we might accept and understand that life in London is never affordable ever again, yet the political isles must equally accept that this change could constitute an infrastructure collapse. This gets us to some old news. In August 2014 we saw (at https://www.theguardian.com/news/datablog/2014/aug/07/london-gets-24-times-as-much-infrastructure-north-east-england) the mention ‘London gets 24 times as much spent on infrastructure per resident than north-east England‘ which is a nice title, yet the dangers are shown soon thereafter. With “more than half of that total was down to the decommissioning of the Sellafield nuclear plant in Cumbria – necessary, doubtless, but hardly an infrastructure ‘improvement’ as most people would understand it” we see only part of the danger. The quote “New analysis of public infrastructure spending by IPPR North lays bare the gap between how much capital expenditure there is in the capital than the rest of England” shows another part, yet the actual issue is not what is spent, but what is required to get something done. When we paraphrase it into “analysis of public infrastructure spending by IPPR North lays bare the gap between how much is required for the same amount of work in London compared to the rest of England” we see the dangers, when the infrastructure maintenance is 2400% of the rest of the UK, there is a danger, yet is it the correct one? In February this year, we see a partial repetition of the old Guardian article, yet with updated numbers it shows (at https://www.theguardian.com/uk-news/2017/feb/20/more-than-half-uk-investment-in-transport-is-in-london-says-study) that London requires 50% of all the funds. In all this we are not given any reliable numbers, because in all this I do not see the comparison of £ per mile of rail serviced. Consider that London has 20 times the amounts of rail that most places have and he London rail when stretched can get a person from Waterloo station to Glasgow five times over (OK, slight exaggeration). Yet the message should be clear. As the infrastructure has less options with in addition less people being anywhere near it, the city of London is facing all levels of collapse. Another part was shown on July 17th in the Independent. The title ‘More than half a million social homes in England do not meet basic health and safety standards‘ is the first indication that social housing and infrastructure are beyond collapsing. With quotes like ‘almost one in seven of all social homes in England‘ are below standards, we see a dangerous escalation. So in this we see a mention of 224,000 houses where the most dangerous safety hazards (category one) is seen. It includes “exposed wiring, overloaded electricity sockets, dangerous boilers, leaking roofs, vermin infestations or inadequate security“, yes, the right and proper place to get your partner pregnant and start a family, would you not agree?

Even as we now see that the Grenfell disaster is a first step in looking into cladding, they all seem to forget that the cladding was done to appease the houses around Grenfell, in addition, the other failures and dangers are basically the non-cladding issues, so the mess is a lot bigger. when we consider the quote “Local authorities have a legal duty to act if a category one hazard is discovered, but hundreds of thousands are going unreported or ignored” we see a much clearer situation where government and city council members could be held accountable towards the transgression of ‘reckless endangerment‘ of lives, so in all this, what is the CPS doing? Has the Crown Prosecution Services made any start on taking a look at this, because these 244,000 houses would in theory represent 300,000 people working to some degree for the London Infrastructure, being it the underground, busses or other civil offices, if even 10% falls away, what happens then? How much pressure, increased costs and non-functional infrastructure remains for London at that point? It seems that the City of London has no way of dealing with such dangerous terms. As I see it, Lord Mayor Sadiq Khan has his work cut out for him. We should all agree that he did not cause this, but he can equally agree that it is on his plate at present and his success will be weighed against his ability to lower that danger and remove the hazards within his largely leased London city.

So as we look at the wealth boom, how exactly is it benefiting the UK and specifically London? As London becomes less and less affordable, as its ‘status’ as premium investment location continues, we might soon see a London that even the tourists can no longer afford. This is not a danger at present with the dropping pound against the Euro, so London is a great place to visit for Europeans. Yet the reality is that this benefit is merely short term, the dangers as the UK turns its economy around, which they will for certain, gives dangers that the dangers I predict are merely 5 years away. When that happens the tourism part will drop, not by a small part, but by a phenomenal amount (In my speculative view well over 20%), so whoever is investing now needs to get that part back in 4 years, they might be facing deadly competition for the few remaining tourists after that. The Time in 2015 talked about the tourism bubble and set it to greed, I think that it is not merely greed; in all this the infrastructure that is dangerously close to a collapse would be a much larger contributing item in all this. So as we see that the infrastructure is in a dangerous place, we need to wonder how the UK government will be addressing this. It is not like it is not a clearly visible issue. It is merely one of several critical issues that the UK faces. Yet in this, the housing part is also the contributing factor for other sides of infrastructure as well. We saw 3 weeks ago that the NHS has 86,000 posts vacant. Not only can they not be filled, even if there was a person available, the reality is that for nurses life in London has become largely unaffordable, which hits social housing as well as infrastructure, a clear visible item known for the better part of 3 years. As a conservative I would be willing to blame my political party, yet the BBC chart clearly shows that as the conservatives came back into office the social housing curve was moving back up (to the smallest degree). Now, there is part that was done by the previous labour government, but only to an even smaller degree. In this I will end with an article that the Business insider has in 2015, in it we see the minimum income per area, when we take a look is that only the cheapest place was affordable for NHS nurses, 54 miles from the hospital, anything nearer would require double the income they presently have, some places are forever out of their reach. Even whilst I know of some places in Swiss Cottage, Southwark and West Brompton, it is shy of the 86,000 places, it will not even give aid to 1%, or 860 places to live in. So, as some people are shrugging at the £10tn wealth value, or the imaginative issue that the NHS problem will solve itself. We need to realise that a few of these issues were interconnected and have been for many years. In this Labour and Conservatives are both to blame, they achieved nothing in stopping, or decently reducing the danger. So when you look at the Monopoly board consider the 22 places and which of these streets you cannot afford a place to live in. So how was this UK wealth any help in resolving the quality of life for those not in the top 5% wealth part, which amounts 98.85% of the UK population, foreign investors excluded.

Consider that side when the next rent is due, and more important, even as all the papers are shouting about rent drops, in the end, the rental price is merely increasing slower for now. With the rent being on average set to £1,500, the 12 month increase is set between £22 and £35 a month depending on your condition, so when you consider that if these people are lucky, their pay increase ended up being up to £61 a month, we see that the increase only takes care of the rent, it will not hold water to take care of the increased price of groceries or heating, so the outlook for the British tenant will be gloomy this Christmas. And before you start blaming Brexit, it would not have mattered one bit. If anyone tells you different, as I personally see it, they would be lying to you.

The people in Britain are seeing a new Monopoly board. Where you start with £800 and passing start gets you a mere £100, in addition add 15% to every street in the first 5 turns and add another 15% for the rest of the game. The final changes are 40% more due for any station and set utilities to 15 times rolled, regardless if it is one or both owned. Now we get a slightly more realistic version of the game as we live it today, so how far would you get in that version of the game? I might want to add that we would need to add 4 pubs, one for each side and treat them like the stations, yet the amount due is 10 times the rolled dice. It seems that our childhood monopoly is the one we still think we live at times, even as we never had any ambitions to own hotels, we always expected to get one house in one street sometimes in our lives; the reality is that this is no longer an expected reality. The reality is now that whomever owns and keeps a place, leaving that to the children is the only guarantee that they have any future at all in the UK, a reality that was not due to Brexit, but due to a government having other commitments, one that was to spending too much whilst not having any backup in place, it is the reality all in the UK face until well over 2040. I still believe that the conservative path to diminish the debt is the only way out and when we consider the news about the £40 billion divorce bill, that is not too weird, because at present Mario Draghi is spending 150% of that every month and getting out now seems to be a lot safer than being around when that collapses, or is that explodes into the faces of EU citizens? Most disagree with me on that, loads of them with economic degrees and that is fine. As I see it, the people all over are in denial of previous debts made and seem to imply that it is not for them to solve, so at your banks when you borrow £2500 every month to pay for things like rent, do you think that you will not have to pay any of it back? Do you think that financial institutions are that philanthropically minded? So as City AM announced on July 17thEurozone inflation fell in June, the European Commission today confirmed, easing pressure on the European Central Bank (ECB) to start tightening monetary policy at its next announcement on Thursday”, yet a week later we see “Draghi struck a dovish tone at the meeting in Frankfurt, with no firm date given to an announcement on the future of the quantitative easing programme, but investors were not convinced”, which we got on Friday July 21st. So as the spenders are all in denial on several levels, we see that their impact could be a disaster for London when that hits, I have stated in personal belief that getting out of that mess sooner would be essential for the UK. A mere week ago we saw (at https://www.bloomberg.com/news/articles/2017-08-03/big-investors-losing-faith-in-europe-s-ecb-fuelled-junk-rally). Now we see the first mention, not of QE, but the mentioning of ‘ECB-Fuelled Junk Rally’, Bloomberg is now speaking almost the same parts that I have advocated against for many months. With the quote “Deutsche Asset Management has reduced holdings of European junk bonds in its 100 billion euro ($106 billion) multi-asset portfolios and JPMorgan Asset Management says investors should brace for a tough second half. BlackRock Inc. says risks for European credit are tilted to the downside and Nataxis SA recommends dialing back high-yield debt exposure” the large players seem to accept (read: come to the conclusion) the dangers I warned for, for many months, this is a dangers that Brexit should avoid. So, as some players are trying to delay it all, so that the UK gets part of that additional 2 trillion (as I see it).

These matters are connected, you see, when those players try to escape the sewers they will seek other parts that give rise to returns on investment that avoids their downfall, this is where the Monopoly game comes in. Because the reality is that this mentioned UK wealth of £10tn could be the escape hatch they need, yet in that the dangers to the infrastructure would only increase, I might be wrong in that view, yet it is merely my view. So feel free to disagree, providing you do not cry when I am proven correct yet again.

 

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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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