Banks Manage their own Penalty

Banks Manage their own Penalty

Mortgage Settlement Report Finds Banks Reluctant To Reduce Principal, Despite Promises

The largest mortgage settlement in U.S. history was pitched by its creators as a deal that would offer quick aid to 1 million people in danger of losing their homes to foreclosure. But according to a report released Thursday by the court-appointed monitor of the settlement, in the first nine months after the $25 billion deal was struck, fewer than 50,000 people received the most coveted form of relief: reduction of principal owed on a first mortgage.

Meanwhile, more than three times as many borrowers — 169,000 — agreed to a short sale, which requires they leave the property, according to the report.

Banks still have time to meet their obligations under the settlement, which requires that 30 percent of total relief come in the form of first mortgage principal reduction. But housing advocates say the limited progress so far — just 14 percent of aid has gone to write down loan balances — suggests that banks are avoiding, or at least delaying, their obligation to provide meaningful relief as they promised under the deal.

Mortgage Settlement Report Finds Banks Reluctant To Reduce Principal, Despite Promises

Banking Honor?
Banking Honor?

What did the federal government think would happen when their vaunted, over-hyped 25 billion dollar settlement wound up in the hands of the banks themselves? A child could have made an accurate prediction. You reward criminality by avoiding any real penalties. You chock it up as an enormous victory for the government while the banks and people like me hold you in contempt for your incompetence and servile stance to corporate crime. The banks have to pay back some money to the people they stole from. Great. Except that they decide who gets the money and they have decided that most of the money will go to short sales. Isn’t that special. They’re maximizing their profit. Who would’ve thought?

James Pilant

 

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The Banks Evade Responsibility Again

The Banks Evade Responsibility Again

Banks thrive, while homeowners still suffer | The Great Debate

A year ago the federal government and 49 states completed a $25 billion agreement with the nation’s largest mortgage servicers to settle claims of “robo-signing” and unlawful foreclosure practices. President Barack Obama announced the creation of the federal-state mortgage securities working group in his 2012 State of the Union address. The nation seemed on the verge of transforming the way banks treat struggling homeowners ‑ particularly those with “underwater” mortgages, in which a homeowner owes more than the house is worth.

These promises, however, have yet to be fulfilled. The latest interim report on the national mortgage settlement is due out this week, and banks will likely again declare that it offers proof that they are fulfilling their obligations. But the communities hit hardest by the foreclosure crisis have yet to see any meaningful relief.

Time is running out to ensure that these communities receive their fair share under the settlement. But it is not too late to provide meaningful assistance. The settlement monitors need to demand greater transparency from banks, and they need to see that banks comply with the fair-lending requirements set out in the agreement. They also need to aggressively police the servicing reforms to ensure that all homeowners get a fair opportunity to save their homes.

Banks thrive, while homeowners still suffer | The Great Debate

And from further down in the article:

Unfortunately, there is little transparency about how the banks are using this money. They have not provided any loan-level data to show which borrowers are receiving assistance.

Moreover, mortgage servicers have complete discretion over who receives help. Advocates fear the banks have been cherry-picking expensive loans that are deeply underwater to meet their settlement obligations quickly. This provides an important service for the borrowers in that category but little systematic relief for low- and moderate-income communities suffering the most from the foreclosure crisis.

Simply immune to prosecution?
Simply immune to prosecution?

The mortgage holders committed fraud for years making billions of dollars taking homes they had little or no claim to. They used the HAMP program as a weapon against homeowners, telling them to skip three payments so as to be able to qualify, then rejecting their applications or not bothering to even process them (not that we’ll ever know in most cases, the HAMP program kept no records for the first two years) and then quickly foreclosing on their homes. I’ve had students in my classes who were victims of that scam.

Instead of holding the perpetrators of these crimes accountable they were “sort of” fined 25 billion dollars through a program they administer and report on without effective oversight. Let me repeat that – they, the banks, administer the program to give back some of the money and homes they stole. Oh, forgive me, they are not giving the homes back just some money should they feel in some way that they want to because if they don’t want to, they don’t have to.

That is what passes for justice in the current administration and the 49 states that the bankers negotiated this sweetheart deal with. Crime pays in the United States if you are a banker dealing mortgages.

They stole billions of dollars worth of homes. They in an epic display of arrogance created a parallel system of recording deeds without any legal justification purely to expedite trading of mortgages and to evade filing fees. They lied to judges all over the United States in countless jurisdictions filing tens of thousands of false affidavits saying that their paperwork, their proof of ownership was in order.

These are crimes, not mistakes, crimes.

If I stole through fraud the least home in the land, I would and should do prison time. No one has been sentenced for these crimes. Without prison time, fines, that are a fraction of the money made, are the only deterrent. Is that enough? Does that make sense?

Two systems of justice – one for the bankers and one for regular citizens, the “common” folk, the ones without political friends; the ones that don’t have the right memberships, the right bank accounts, the right lives lived in the adoration of business television and magazines.

We discussed in my class on business law and business ethics what it takes to build a good society. One of the thoughts was to reward virtue and penalize wrong doing. What kind of society does this build?

I think you know the answer.

James Pilant

From around the web –

From the web site, Diane’s Blog:

Kamala Harris is right: we need a Homeowners Bill of Rights, and the banks, like it or not and they don’t,  need good, strong regulations to control them. These two items are bare minimums.  As for giving the money to individual homeowners, if it does happen, the amounts will be small because the numbers involved are so large. Better to allocate some money to homeowners’ advocacy and education groups.

From the web site, On the Frontlines of Americans with Debt:

The  five mortgage companies who are part of the settlement are Bank of America, Wells Fargo, Chase, GMAC/Ally Financial, and Citibank.
While HUD estimates that 2 million homeowners could see their mortgage balances reduced, it will be up to the five banks to determine which homeowners will be included in the program.
In addition, payments of between $1500 and $2000 will be paid to people who lost a home to foreclosure between 2008 and 2011, so long as certain criteria are met. The factsheet does not explain the criteria necessary for those people to qualify.

And finally from the web site, Defend My Florida Home:

A major impediment to mortgage modifications is the bank practice of “dual tracking” mortgages.  When a mortgage is dual tracked the bank pursues foreclosure while at the same time allowing the home owner to pursue a modification.  The problem with this is that in spite of an eminent, or completed modification the bank will still sell a home at sale leaving the owner homeless.

 

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What are we frightened of? Fear and Dread in the U.S.

What are we frightened of? Fear and Dread in the U.S.

Michael Brenner: The (Very) Few Proud and Brave

Fear and dread, deep and pervasive, are the abiding feature of these times.Existential threats from mysterious forces with no fixed address are most scary because they are not resoluble by focused action taken against a clear target. They gnaw at you as well as frighten you. That produces dread. Dread is free floating fear — it fixes on what might be, thereby magnifying anxieties of experiencing one more horrific events of the past.American actions in the ‘war on terror’ have been driven by dread. Dread that it may happen again, dread of the unknown, dread of the alien. It explains not only the radical thrust of Washington’s conduct in the Greater Middle East but also the dulling of critical faculties. That pertains to torture, kill lists and illegal surveillance as well as the ready resort to military power.

Michael Brenner: The (Very) Few Proud and Brave

Fear and Dread?
Fear and Dread?

I thought this was one of the most well written and provocative single paragraphs I have run across in some years. It’s not just beautiful, it captures the mood of our current era. I have often thought the same thing although minus the eloquence.

James Pilant

From around the web –

From the web site, Sec Semper Tyrannis:

The Obama administration faces two fundamental decisions. First, should it rededicate American foreign policy to shoring up the shaky structure of alliances and understandings among the five that has been central to its vision of the region’s strategic future? Second, should it redefine American interests and expectations in ways that favor the emergence of a more durable structure build to accommodate a more realistic set of expectations? To say ‘no’ to the former, and to say ‘yes’ to the latter is to choose a challenging course – diplomatically and politically. For it means forming a highly differentiated view of Islamist elements in the Middle East, a loosening of the servile ties that bind Washington to Tel Aviv, beginning an intricate, multi-party project in the intricate project in the Gulf, and – perhaps most challenging – coping with uncertainty as a constant.

 

 

 

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Prosecutorial Failure?

Prosecutorial Failure?

Ken Anderson’s Testimony Caps Dramatic Inquiry | The Texas Tribune

Defiant, angry and frustrated, former prosecutor Ken Anderson took the stand on Friday to defend himself, ending a week of dramatic testimony in an unusual court of inquiry that is examining whether the former district attorney committed criminal misconduct during the trial that led to the wrongful murder conviction of Michael Morton.

Morton was sentenced to life in prison in 1987 for his wife’s murder, and he spent nearly 25 years behind bars before DNA evidence led to his exoneration in 2011. Lawyers for the exoneree contend that Anderson deliberately withheld critical evidence that could have prevented Morton’s wrongful conviction. Anderson adamantly denied any wrongdoing, and in his often impassioned testimony criticized the court of inquiry.

Ken Anderson’s Testimony Caps Dramatic Inquiry | The Texas Tribune

Ken Anderson is answering some tough questions in a Texas court. He needs tough questioning. He prosecuted an innocent man while allowing the guilty party to continue his crimes.

Overzealous prosecution is not justice. It’s collecting prosecutorial kills for career purposes and is particularly villanous because many defendants have only limited resources to defend themselves from charges. A prosecutor’s discretion is one of the defenses the innocent have.

James Pilant

Over Zealous Prosecution?
Over Zealous Prosecution?

From around the web –

From the web site, Ethics Alarms:

I don’t know whether Anderson intentionally withheld evidence in the process of prosecuting Michael Morton, because he thought Morton was guilty, whether he just made a series of mistakes, or whether, as he says, the system failed. I do know that he is ethically obligated to step down as a judge. His credibility, fairness, competence, commitment to justice, integrity and trustworthiness have all been called into question by the inquiry, as well as the unavoidable fact that he prosecuted an innocent man who went to prison for a quarter of a century, and while he was there, the real murderer may have killed again. The justice system cannot have a judge ruling on people’s lives who has something like that on his record and conscience. I wouldn’t want my fate to rest with such a judge, and as a lawyer, I wouldn’t want my client’s fate to be determined by such a judge either.

From the web site, The Irreverent Lawyer:

As though more corroboration was necessary, there’s the case of Michael Morton, the former grocery store clerk who served almost a quarter century’s worth of a life sentence. The truth will yet out but as of now, it appears Morton should have never been convicted had a prominent prosecutor and now county judge, Ken Anderson, and then prosecutor Mike Davis, now a private practice lawyer, and current District Attorney John Bradley shared potentially exculpatory evidence with the defense – – – as required under Brady v. Maryland 373 U. S. 83.

And finally, from the web site, Lawdiva’s Blog:

We know that in the last ten years, 45 Texas inmates have been exonerated on the basis of DNA evidence and that is something to be grateful for. The notion of innocent men and women being held in confinement for crimes they did not commit is excruciating.

Another inmate joined the ranks of those freed from a Texas jail last week. Michael Morton was convicted of murdering his wife Christine in 1986. He was a grocery store manager who had no criminal record, nonetheless, he was found guilty of beating his wife to death and sentenced to life in prison.

In 2005 Mr. Morton attempted to have evidence tested to determine if DNA was present, namely a blue bandanna found near his home after the murder. For six years the district attorney fought Morton’s attempts based on the advice of the original prosecutor, Ken Anderson, who was now Judge Anderson.

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The Ethics Sage Addresses Harvard Cheating Scandal

 

Steven Mintz
Steven Mintz

The Ethics Sage Addresses Harvard Cheating Scandal

Should Students who cheated at Harvard be Rewarded or Punished? – Ethics Sage

I do think the students violated the rules in this case and should be held accountable for their actions. However, there were mitigating circumstances not the least of which was from the teaching assistants who seemed to work with those students who came forward asking for help to interpret information and develop responses to test questions.

Perhaps the lesson to be learned from the Harvard cheating scandal is we, in academe, need a new approach to evaluating the benefits and potential harms of collaboration. It can be a great teaching tool and mirrors collaborative effort in the workplace. Test questions in a collaborative enivornment can better assess analytical reasoning and critical thinking skills, two skills essential for success in today’s workplace.

The level playing field argument is key in evaluating the use and purpose of student collaboration. Academic integrity is at stake. Collaborative effort may impair fairness in the grading process unless collaboration is expected of all students. Otherwise, those who “play by the rules” may receive lower grades because they worked individually while those who shared information may benefit from such an approach.

Should Students who cheated at Harvard be Rewarded or Punished? – Ethics Sage

The Ethics Sage, Steven Mintz, discusses the Harvard cheating scandal in his latest post. I find his reasoning compelling and I agree in full with his ethical reasoning in this case. The students’ instructions from their various teaching assistants were less than clear. Further, the modern technique of collaborative learning needs more in depth ethical analysis, and clearer rules. It’s a good piece of work. Don’t be satisfied with this brief section. Go to the Ethics Sage’s web site and read it in full and while you’re there sign up for e-mail alerts for later essays.

James Pilant

From around the web –

From the web site, Janitorial Musings:

Unfortunately, I suspect they’ll find that achieving and maintaining fame and fortune requires just as much corner-cutting as getting their grades at school. After all, those same kids who have no qualms with cheating in school soon enter the business world. And those who tell themselves that they are only cheating to keep up with the cheaters will tell themselves that they must do the same outside of academics. I’ve been involved in a part of business–not as a janitor–where I was surprised to learn how many ways and how often our competitors would do small dishonest things to get the edge over us. It made me think: if people are this dishonest with the small things, I wonder whether it is all the more so with bigger things? (Maybe not. I recall seeing a report that said in relationships men are more likely to lie about small things they deem unimportant and women are more likely to lie about big things they deem important. Maybe when it comes to big things in the business world, people are less likely to be dishonest?)

From the web site, Erik B. Wilson:

Indeed cheating in academia is nothing new and to view this particular instance as somehow extraordinary within greater academia would be naïve. That is not to say that systematic cheating is widespread at Harvard, but odds are there have been plenty of cheaters in Harvard’s history as an institution. Perhaps they were single students acting alone, perhaps they were groups that went unnoticed, but doubtless they did exist. The school’s reputation is of course the underlying factor that makes this story so noteworthy – it is quite difficult to imagine a similar ruckus concerning cheating at a local community college. There is an assumption about Harvard, a presumed integrity that goes along with the status and prestige of the Harvard name, one that places the members of the student body somehow above cheating. However, these students and their actions are informed by society writ large – they do not stand apart from it. And as such if we seek to understand the incentives that compel cheating we must consider the social fabric in which they are embedded.

And finally, from the web site, phoebecurran:

After news broke of the collaborative cheating efforts of over 120 students in an “Introduction to Congress” course at Harvard University last spring, the honesty and conduct of college students are being questioned. University students are typically young, but surely old enough to know right from wrong.

Eric Kester, a recent Harvard graduate, wrote a memoir, published in July, which details many instances where dishonesty dominated good character throughout his four years at the university. He said there were a number of take-home tests that were completed with group efforts, notes passed in bathrooms during exams, and research papers written and sold. Kester said he never cheated, but he certainly understood the pressures that came along with an Ivy league education.

 

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A Business Etiquette Video for My Students

A Business Etiquette Video for My Students

Business Etiquette – SCPD CBA CSULB – YouTube

One day, I discussed with the class my idea for teaching upper class communication skills to the business students. They asked me to go further with it, so here is the first video in what will be a series discussing the social class skills necessary for business success.

James Pilant

Gary Cooper
Gary Cooper – Upper class mannerisms.

From around the web –

From the web site, IndiTech’s Blog:

Realize that online networking is similar to real life networking. In real life networking, you make connections one person at a time. The same is true for online networking. Don’t be seduced into thinking that you can create meaningful relationships with a lot of people at once, simply by posting updates about what you do.

A better approach would be to consider the online social networks as tools to provide you more access to more people, from the comfort of your home or office, while realizing that the basic relational skills when making a connection remains comparable to both online and offline. In other words, meet a lot of people, but meet them one by one.

From the web site, Quite Continental:

I think the best way to start a business is to look at what you love and think about how you can formulate that into a plan. It’s important to ask questions, always take calculated risks, and develop the ability to recognize an opportunity when it presents itself.There are no failures if you learn from the mistakes you made along the way. I think a bit of self-reflection always helps to build the foundation of a company and let it take shape. Passion, Hard Work, Kindness, Generosity and patience are definitely some of the key factors in making something successful.

It is always important to remember that a business is built in a series of blocks or stages. Slowly but surely it all comes together over time.

 

 

 

 

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Literature and Business Education

Literature and Business Education

The Importance of Literature in Professional Life.wmv – YouTube

Adam Crowley in a wonderful presentation talks about the importance of understanding literature for the professions. In my introductory lectures to my business law classes, I often refer to the importance of other courses like science, math, English and literature. Business teaching can only go so far in educating a human being, we need more intellectual nourishment to be whole.

Adam Crowley
Adam Crowley
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I'm ill.

illus-0050-1I have a sinus and ear infection and won’t be posting for a few days. I’m very sorry.

James Pilant

Carmen Ortiz Used Swartz Case to Advance Her Career?

Carmen Ortiz Used Swartz Case to Advance Her Career?

Swartz didn’t face prison until feds took over case, report says | Politics and Law – CNET News

State prosecutors who investigated the late Aaron Swartz had planned to let him off with a stern warning, but federal prosecutor Carmen Ortiz took over and chose to make an example of the Internet activist, according to a report in Massachusetts Lawyers Weekly.

Middlesex County’s district attorney had planned no jail time, “with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner,” the report (alternate link) said. “Tragedy intervened when Ortiz’s office took over the case to send ‘a message.'”

The report is likely to fuel an online campaign against Ortiz, who has been criticized for threatening the 26-year-old with decades in prison for allegedly downloading a large quantity of academic papers. An online petition asking President Obama to remove from office Ortiz — a politically ambitious prosecutor who was talked about as Massachusetts’ next governor as recently as last month.

Swartz didn’t face prison until feds took over case, report says | Politics and Law – CNET News

From further down in the article:

But the sweeping nature of federal computer crime laws allowed Ortiz and Assistant U.S. Attorney Stephen Heymann, who wanted a high-profile computer crime conviction, to pursue felony charges. Heymann threatened the free-culture activist with over 30 years in prison as recently as the week before he killed himself. Rep. Zoe Lofgren, a Democrat whose district includes the heart of Silicon Valley, has proposed rewriting those laws.

The Boston U.S. Attorney’s office was looking for “some juicy looking computer crime cases and Aaron’s case, sadly for Aaron, fit the bill,” Elliot Peters, Swartz’s attorney at the Keker & Van Nest law firm, told the Huffington Post. Heymann, Peters says, thought the Swartz case “was going to receive press and he was going to be a tough guy and read his name in the newspaper.”

Carmen Ortiz - Future Governor?
Carmen Ortiz – Future Governor?

Just three months ago, Ortiz’s office, as TechDirt reported, severely escalated the already-excessive four-felony-count indictment by adding nine new felony counts, each of which “carrie[d] the possibility of a fine and imprisonment of up to 10-20 years per felony”, meaning “the sentence could conceivably total 50+ years and [a] fine in the area of $4 million.” That meant, as Think Progress documented, that Swartz faced “a more severe prison term than killers, slave dealers and bank robbers”.

Swartz’s girlfriend, Taren Stinebrickner-Kauffman, told the WSJ that the case had drained all of his money and he could not afford to pay for a trial. At Swartz’s funeral in Chicago on Tuesday, his father flatly stated that his son “was killed by the government”.

Ortiz and Heymann continue to refuse to speak publicly about what they did in this case – at least officially. Yesterday, Ortiz’s husband, IBM Corp executive Thomas J. Dolan, took to Twitter and – without identifying himself as the US Attorney’s husband – defended the prosecutors’ actions in response to prominent critics, and even harshly criticized the Swartz family for assigning blame to prosecutors: “Truly incredible in their own son’s obit they blame others for his death”, Ortiz’s husband wrote. Once Dolan’s identity was discovered, he received assertive criticism and then sheepishly deleted his Twitter account.

Carmen Ortiz – Governor?

From the Boston Globe:

The US attorney’s office’s strong focus on the probation controversy adds a particular sensitivity to the speculation that Ortiz, a 1978 George Washington Law School graduate, is considering becoming a candidate.

It could open her to charges by her opponents and others that she has used the investigation into political leaders to ­advance her political ambitions. Ortiz, however, would be among a crowd of regional federal prosecutors who have used their office to create a high public profile that allows them to run for office.

For example, William F. Weld, who served as US attorney in Boston in the early and mid-1980s, relentlessly pursued former mayor Kevin H. White. No charges were ever brought against White, but the intense publicity gave Weld the ability to parlay that investigation and others into a successful campaign for governor in 1990.

Other US attorneys who went on to successful political careers included former mayor Rudolph Giuliani of New York, Governor Chris Christie of New Jersey, and former governor ­Janet Napolitano of Arizona, now US secretary of homeland security.

From around the web –

From the web site of Glenn Greenwald:

Just three months ago, Ortiz’s office, as TechDirt reported, severely escalated the already-excessive four-felony-count indictment by adding nine new felony counts, each of which “carrie[d] the possibility of a fine and imprisonment of up to 10-20 years per felony”, meaning “the sentence could conceivably total 50+ years and [a] fine in the area of $4 million.” That meant, as Think Progress documented, that Swartz faced “a more severe prison term than killers, slave dealers and bank robbers”.

Swartz’s girlfriend, Taren Stinebrickner-Kauffman, told the WSJ that the case had drained all of his money and he could not afford to pay for a trial. At Swartz’s funeral in Chicago on Tuesday, his father flatly stated that his son “was killed by the government”.

Ortiz and Heymann continue to refuse to speak publicly about what they did in this case – at least officially. Yesterday, Ortiz’s husband, IBM Corp executive Thomas J. Dolan, took to Twitter and – without identifying himself as the US Attorney’s husband – defended the prosecutors’ actions in response to prominent critics, and even harshly criticized the Swartz family for assigning blame to prosecutors: “Truly incredible in their own son’s obit they blame others for his death”, Ortiz’s husband wrote. Once Dolan’s identity was discovered, he received assertive criticism and then sheepishly deleted his Twitter account.

From the web site, Translation Exercises:

Conversely, Aaron Swartz was not Muslim, and thus his chances of being targeted as a potential terrorist were significantly decreased. However, his crime was taking concepts like public-access and creative commons too seriously–and thus thwarting the private property interests of info-hoarding profitable (though “officially” non-profit) companies like JSTOR–and officially for-profit companies like Elsevier. As with most policies under the Bush and Obama Administrations, what we have come to understand is that they will fiercely, staunchly, defend the interests of banks, mortgage companies, and their Wall Street friends–and be perfectly equanimous about trampling powerless individuals–especially if they are hotheaded, suggestible, or “excessively” idealistic about standards of fairness and justice.

It is not surprising that Eric Holder and Carmen Ortiz are consistent in their overzealous prosecutions against individuals who are engaged in political dissent: For Aaron Swartz, this dissent took the form of challenging the electronic paywalls that prevented public access to work done by scholars like myself, who will never see a penny from the tens of articles that I have published. Mehanna’s speech at sentencing is worth reading; he is clearly a politically aware young man. His dissent took the form of challenging and criticizing the US government’s imperial war—perhaps in extreme terms—but that is also part of the flexible boundaries of speech.

From the web site, Who What Why:

The suicide last Friday of information activist, computer hacker and technical wunderkind Aaron Swartz has focused attention on Carmen Ortiz, the U.S. Attorney for Massachusetts, whose overzealous prosecution may have led to his death. Swartz, co-founder of a website later acquired by Reddit as well as a prime developer of the online publishing infrastructure known as Rich Site Summary (RSS), was under federal indictment for logging into JSTOR—a database of scholarly articles accessible from universities across the country—and downloading its content with the intent to distribute the articles online free of charge.

Despite JSTOR’s subsequent securing of the “stolen” content and refusal to press charges, Swartz was arrested by the feds and charged originally with four felony counts under the 1986 Computer Fraud and Abuse Act. On those charges alone, Swartz was facing a possible 35-year sentence and over $1,000,000 in fines. Just three months ago, a “Superseding Indictment” filed in the case by the U.S. attorney’s office upped the felony count from four to 13. If convicted, Swartz was looking at possibly over 50 years in prison: a conceivable life sentence.

Ortiz, the politically ambitious U.S. attorney for Massachusetts, spearheaded the prosecution against Swartz. “Stealing is stealing whether you use a computer command or a crowbar,” Ortiz proclaimed in a 2011 press release. Her point man in the case was Assistant U.S. Attorney Stephen Heymann, a specialist in computer crime and son of Philip Heymann, the United States Deputy Attorney General during the Clinton administration. Stephen Heymann led the 2010 investigation into Albert Gonzalez, the TJX hacker, in the largest identity fraud case in history. Heymann’s office suspected that one of the unindicted co-conspirators named in that criminal complaint—“JJ”—was Jonathan James, a juvenile hacker who also killed himself two weeks after his house was raided.

 

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More on Aaron Swartz

More on Aaron Swartz

 

Aaron Swartz
Aaron Swartz

Aaron Swartz Laid to Rest with an Action Plan For Us | Crooks and Liars

In New York on Saturday, a public memorial was held for Aaron Swartz, who committed suicide last week. Among the remembrances of Aaron’s genius, his commitment to progressive causes, his idealistic beliefs of making this a better world, there was also an action plan laid out by his partner, Taren Stinebrickner-Kauffman:

“Aaron was targeted by the FBI,” said ThoughtWorks chairman Roy Singham, Swartz’s employer before his death. “After PACER, they targeted him. He was strip-searched. Let’s not pretend this wasn’t political,” he argued before being interrupted by applause.

Swartz’s partner Taren Stinebrickner-Kauffman framed her call to action in terms of Swartz’s beliefs: “Aaron believed there was no shame in failure. There is deep, deep shame in caring more about believing you’re changing the world than actually changing the world.”Stinebrickner-Kauffman, also an activist, named five targets for action:

  • Hold the Massachusetts US Attorney’s office accountable for its actions in prosecuting Aaron;
  • Press MIT to ensure that it would “never be complicit in an event like this again”;
  • “All academic research for all time should be made free and open and available to anybody in the world”;
  • Pass and strengthen “Aaron’s Law,” an amendment to the Computer Fraud and Abuse Act that would narrow prosecutorial discretion for computer crimes;
  • Advocate for fundamental reform of the criminal justice system.

“His last two years were not easy. His death was not easy,” Stinebrickner-Kauffman said. Still, she urged the audience to “think big and think tiny… ‘The revolution will be A/B tested,'” referencing three of Swartz’s favorite maxims. “Look up and not down.”

Aaron Swartz Laid to Rest with an Action Plan For Us | Crooks and Liars

I continue to be outraged by the prosecutorial over reach in the Swartz case. I consider the “crime” for which he was accused to be little more than an example of trying to make public files available at no cost, something that should be policy across the United States. For instance, in Arkansas, there are fees for accessing the laws of the state online so without money I am just supposed to wonder what the law of the state are.

He was a hero in pursuit of making the Internet a source of genuine information rather than a fee making machine for public institutions to make money off public research and public scholarship. We, the people, paid for this research. We should be able to see it. Public laws should be accessible without fees. We are citizens, not turnips to be squeezed.

James Pilant

From around the web –

From the web site, Playable, The Weblog of Dean Groom: (This one needs to be read in full. It’s excellent. JP)

I read that information pioneer Aaron Swartz has took his own life last week at the age of 26. Swartz helped develop RSS at the age of 14 and founded Reddit among other things. His website is still open if you want to read from the source. To me he stands no less significant in information and computing science than any working at Bletchley Park during the second world war. Certainly, his story is far more relevant in high-school classrooms than what is currently in ‘the text’ book.

From the web site, PrisonMovement’s Weblog:

The internet trailblazer and activist, who had already contributed such things to the web as an early version of the RSS feed and Reddit, stood up and joined the vanguard in this movement. He co-founded the organization, Demand Progress, which was instrumental in leading the largest online protest in the history of the Internet against SOPA and PIPA. Thanks to this effort, on January 18th, 2012, tens of thousands of websites blacked out, and ultimately, SOPA and PIPA were defeated by this online grassroots activism.

Today, that same internet is “blacked out” with remembrances and obituaries of Aaron Swartz, who took his life over the weekend. And in each of those remembrances, Aaron is described as a spark that made things happen.  And for the rest of us who still believe, as Aaron did, in a free and open internet and a compassionate and just nation (a message he often espoused on our show, The Big Picture), we can only hope he provides the same sort of spark in death that he did in life.

From the web site, Hip Is Everything:

Justice and Aaron Swartz
Justice and Aaron Swartz

 

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