Sealed v. Sealed: Halliburton Story IV

[CorpGovActivist]

Part III (with links to Parts I and II): http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2525128&mesg_id=2525128
*******************************************************

A quick overview:

August 2001: One month before the 9/11 attacks, I started working in Halliburton/KBR's Federal Practice, in the Government Proposals Group - located in Arlington, Virginia.

April 2003: I stopped working there, one month after we invaded Iraq.

During my time at Halliburton/KBR, I received a series of mis-directed e-mails that were intended for David R. Smith, VP of Tax at Halliburton. These e-mails pertained to Federal investigations into allegations that top Halliburton executives participated in - and then covered up - violations of the Foreign Corrupt Practices Act during Cheney's tenure as CEO.

July 23, 2004*: The FBI shows up in Houston, Texas and Arlington, Virginia - to demand the backup tapes containing David R. Smith's e-mails, and mine.

Questions are welcome.
*******************************************************

* More than two years have elapsed since that FBI raid (lots of time for witnesses to flip, and finger the higher-ups at Halliburton, the Halliburton lawyers, and the Halliburton lobbyists). Prosecutions often build to critical mass at the most inopportune times for the bad guys.

http://www.google.com/search?hl=en&lr=&q=sealed+indictments+weeks+months

- David A. Smith, Editor of www.HALwhistleblowers.org and www.BushBunglesBrigade.org
(never to be confused, ever again, with the as-yet-unindicted David R. Smith, VP of Tax at Halliburton)

[wicket]

1. K & R

:kick:

[G_Leo_Criley]

2. Up you go Dave!

"at the most inopportune times" ...

Like election time, I hope!

glc

[Buttercup McToots]

3. Good Mornin

How are the Hardy Boys?
What will today bring us?
:-)

[CorpGovActivist]

6. Mrs. McToots!

Faring well, and clear skies - with the forecast calling for "partly carpetbombed with news reports" later in the week.

- Dave

[CorpGovActivist]

5. Hey, There's a Natural Rhythm...

... to prosecutions - and if Halliburton and the EOP stonewalled and delayed, they have only themselves to blame if this breaks now, instead of in 2005.

- Dave

[Buttercup McToots]

7. David

Just got my server back...it was down...now where was I?
Another question?

http://www.lowtax.net/lowtax/html/offon/usa_new/usa_ajca_05.html

A one year ‘tax holiday' which drops the corporate tax rate to 5.25% for firms repatriating earnings held offshore also found its way into the final version of the Act. This provision was welcomed by the hi-tech industry, who claim it will help to repatriate as much as $300 million to the US and create half a million new jobs. Opponents however, criticized the move for effectively rewarding firms for outsourcing jobs overseas.

Is there a way to find out what companies utilized this?
Am I barking up the wrong tree here?

[CorpGovActivist]

9. You're "Onto Them" Now!

http://searchwww.sec.gov/EDGARFSClient/jsp/EDGAR_MainAccess.jsp

Type in - in quotation marks - "American Jobs Creation Act," or AJCA. See how many hits you get back.

- Dave

[Buttercup McToots]

15. Getting lost in the paperwork

800 pages...whew...
(she holds her nose an` dives back in...)

[CorpGovActivist]

16. 800 Filings, Eh?

Is that just on one of the two search terms?

; )

- Dave

[Buttercup McToots]

18. Wrong

approximately 1393 results just on "American Jobs Creation Act"

:yoiks:

[Buttercup McToots]

26. This kinda stuff is interestin`

ERISA Class Action—Stock Funds
In April 2006, a purported class action was filed in the United States District Court for the District of New Jersey, alleging that the Company, certain employees and the Pension and Employee Benefits Investment Committee violated the Employee Retirement Income Security Act of 1974 (“ERISA”), by including in the Avaya Inc. Savings Plan for Salaried Employees, the Avaya Inc. Savings Plan and the Avaya Inc. Savings Plan for the Variable Workforce (“Plans”), investment options for the Lucent Technologies Inc. Stock Fund (“Lucent Fund”) and the Avaya Inc. Stock Fund (“Avaya Fund”) for the period of October 2000 to April 2003 (“Alleged Class Period”). The complaint asserts, among other things, that during the Alleged Class Period defendants breached their fiduciary duties under ERISA by violating ERISA’s provisions against prohibited transactions; offering the Lucent Fund and Avaya Fund imprudently as investment options; failing properly to monitor the funds; and, failing properly to monitor the actions of other plan fiduciaries, thus causing the Plans to suffer damages. The complaint seeks monetary relief on behalf of the Plans and its participants, and also seeks injunctive relief and costs, including attorneys’ fees.

[CorpGovActivist]

27. Guess Which Bushy Bank...

... has been "servicing" Dick for more than a decade?

http://www.google.com/search?hl=en&q=decade+service+%22state+street%22+halliburton

- Dave

[Blackhatjack]

34. Here is a Link - Connection btwn State Street Bank & Halliburton...

http://www.findarticles.com/p/articles/mi_m0EIN/is_2005_Oct_6/ai_n15677357

"Business Wire October 6, 2006
BOSTON -- State Street Corporation (NYSE:STT), the world's leading provider of services to institutional investors, announced today that it has been retained by Halliburton to provide a wide range of investment services including fund accounting, custody, foreign exchange and performance and analytics for Halliburton's multinational pension plan comprising approximately $6 billion in assets. State Street has been providing investment management and investment servicing solutions to Halliburton since 1989."

[G_Leo_Criley]

106. Speaking of Rhythm

hey Dave. Just catching up after a long day.

Check out
http://aa.usno.navy.mil/data/docs/MoonPhase.html#y2006

There's a big ol' full moon on Nov. 5th! About 7:59 am EST I think.

Just thought I'd mention it. :-)

glc

[CorpGovActivist]

117. Awesome!!!

The Observatory has some of the coolest tools on the planet!

: )

My partner, Patrick, and I used to walk over that way all the time (we bumped into Al Gore jogging inside the perimeter of the fence on that little paved pathway on New Year's Day, Y2K). In the lead-up to Y2K, Gore had a Y2K countdown clock out front.

This stuff is right up my alley! Guy Fawkes' Day. Full moon. Second-term (lame duck) mid-term?

It just doesn't get any better than that!

- Dave

[newyawker99]

20. Hi G_Leo_Criley!!

Welcome to DU!! :toast:

[G_Leo_Criley]

22. Thanks!

Thanks newyawker99 :-)

Great to be here! :pals:

glc

[Nickster]

4. Sealed v. Sealed? Does that mean there are indictments on file that you

know of?

[CorpGovActivist]

8. It Would Be Inappropriate...

... for anyone who is not on the prosecutorial team to "know" about sealed indictments.

; )

- Dave

[Nickster]

10. Got it. :-) n/t

[CorpGovActivist]

11. However, Let Me Just Add...

... that President Clinton picked some incredibly astute Federal judges during his 8 years.

: )

- Dave

[Nickster]

23. Stop it! You're getting me excited! LoL n/t

[CorpGovActivist]

24. With Only 6 Days Left to Go...

... you SHOULD be excited!!!

: )

- Dave

[Blackhatjack]

36. 6 Days Left to Go .... to what??

IS this a timetable, a drop dead date, or a reference to the midterm elections?

Not sure how to read this --but I know enthusiastic readers at this site may interpret that in an entirely different manner than you intended.

[CorpGovActivist]

43. The Mid-Terms...

... and to those prosecutorial teams who may - or may not - be ready to rock 'n roll.

; )

- Dave

[bigbrother05]

12. kick

[CorpGovActivist]

13. Dupe - selfdelete

[Blackhatjack]

14. Giving it another try..... issues raised from previous post

From my previous post "Now I have questions I do not think I can ask here. I will try to figure out a way when I return.

This may be 'left field' stuff, but let me throw it out there --respond if you like."
*************************************************************************************
Q- If you were involved in highly partisan corruption, would it not benefit you to involve members of the 'other political persuasions' in the corruption, in hopes of fending off the partisan nature of the activity?


Q- Is this tactic likely to be exposed in this Halliburton/Enron/State Street Bank corruption scandal and coverup? If so, will it result in the public perception that "the wrongdoing" should be assigned to both major political parties?

Q- In regard to the 'left field' stuff, is it likely that the 'prewar' Iraq corruption laid the foundation for the initiation, continuation and exploitation of the Iraq War corruption?

Q- If Wolfowitz held the purse strings and Bolton 'the muscle', would that not be a powerful combination that could be used to influence other countries to 'cooperate' with the 'friends' of this Administration? And grease the tracks for 'Halliburton and others' to gain contracts for all manner of 'services' from these other countries?

[CorpGovActivist]

19. Morning, Blackhatjack...

"Q- If you were involved in highly partisan corruption, would it not benefit you to involve members of the 'other political persuasions' in the corruption, in hopes of fending off the partisan nature of the activity?"

Yes, and human nature - the full spectrum of it (from virtue to vice) - is present on both sides of the aisle. As we've seen with the Abramoff Scandal, having a few Democrats involved has helped restrain the eagerness to investigate somewhat. A bit of that was present in scandals past, too, if you recall.

"Q- Is this tactic likely to be exposed in this Halliburton/Enron/State Street Bank corruption scandal and coverup? If so, will it result in the public perception that 'the wrongdoing' should be assigned to both major political parties?"

Here's where "the e-mail" - as the President calls it - really hurts them. Many BushCo. operatives treated e-mail like it was a cone of silence, and really got into the nitty-gritty of tactics. The American public will get to see just how devilish those tactics were (e.g., taint a few corruptible Democrats as "insurance"). I think that the vast majority of Democrats can proceed full force, and "let the chips fall where they may" on this one, without running the risk that America throws up its hands and says, "A pox on both your houses."

"Q- In regard to the 'left field' stuff, is it likely that the 'prewar' Iraq corruption laid the foundation for the initiation, continuation and exploitation of the Iraq War corruption?"

There are whistleblowers who can substantiate this beyond a shadow of a reasonable doubt.

"Q- If Wolfowitz held the purse strings and Bolton 'the muscle', would that not be a powerful combination that could be used to influence other countries to 'cooperate' with the 'friends' of this Administration? And grease the tracks for 'Halliburton and others' to gain contracts for all manner of 'services' from these other countries?"

There were more (and much higher-ranking) players than that involved in this sort of quid pro quo. The "Vulcans" should have called themselves the "Romulans" instead - warmongerers that they were and are: http://en.wikipedia.org/wiki/The_Vulcans

http://en.wikipedia.org/wiki/Romulans

- Dave

[FogerRox]

52. I got a RISE out of the Vulcan statue cite

I'm guessing its pointing in the direction of Armitage & Condi the oil tanker. Not to a statue at a University.

[CorpGovActivist]

54. Did You See the Armitage Associates Link to Halliburton/KBR?

http://www.sec.gov/Archives/edgar/data/45012/000126947606000011/shameonvirginiasenators.htm

- Dave

[FogerRox]

61. Briefly,I am taking lunch at home, heavy day in the campaign

in NJ, Senate & COngress NJ11.

My friend had a thought. Cheney/Hali thought to advance HAli/KBR by seeing Enron detonate.

[CorpGovActivist]

62. The KBR Spinoff Is...

... pay careful attention to the name of this filing I made:

http://www.sec.gov/Archives/edgar/data/1269476/000126947606000008/0001269476-06-000008-index.htm

Kryptonite for
Bush Bunglers like
Rove

- Dave

[Blackhatjack]

68. Now that is a dynamite disclosure of the incestuous relationships

between Cheney/Gonzalez/Vicent & Elkins/Halliburton/KBR/Dresser etc.

Outside federal review prior to approval of a spinoff of KBR is "a no-brainer" to quote Uncle Dick.

[CorpGovActivist]

71. And a Fast-Track Lawsuit...

... if the current Chairman of the SEC, Bush Buddy Christopher Cox, is asleep at the switch on this: http://www.sec.gov/Archives/edgar/data/1269476/000126947606000015/0001269476-06-000015-index.htm

Are you familiar with the plight of the SEC staff attorney who was fired - he says - for being too good at his job? He had the misfortune to be assigned to the investigation of John Mack:

http://www.google.com/search?hl=en&lr=&q=john+mack+pequot+gary+aguirre

- Dave

[FogerRox]

70. hmmm, I got this from a David Smith

http://www.mail-archive.com/[e-mail]/msg01044.html

In my email inbox. From this email I googled - CONTACT PRIME FINANCE BV - and come up withe above link, an exact copy of the email I got. DAMn SPamMeRs.

[CorpGovActivist]

72. Not Me!

LOL.

Promise.

- Dave

[FogerRox]

93. LOL, thats 2 false hits on the same name in 2 days

I'm trying too hard, LOL.

[CorpGovActivist]

94. I Used to Bellyache...

... to my parents about my middle initial.

From the moment I was old enough to understand the Bible story, I have loved my first name.

But let's face it: "Smith" is practically synonymous with "commonplace" in popular culture.

The middle initial could have tipped the scale. A high-scoring Scrabble letter - a Q or a Z, perhaps - would have done the trick. From the moment I could play Scrabble, I could only look at that "A" tile and think, "One lousy point. My middle initial is only worth one lousy point."

When I got to college, I soon discovered there was even another David A. Smith in my class. We got each other's grades, COOP bills, term bills, etc., all throughout college. I still get mail from the alumni groups affiliated with his extracurriculars. I suspect he probably still gets mine.

Look up David A. Smith in any metropolitan phonebook. Go ahead. See what I mean about that Q. or Z. now?

In one afternoon though, a dunce-headed Halliburton attorney redeemed the A., by sending that first mis-directed e-mail.

When I applied for my SEC filing codes, there were already David A. Smiths. I had to spell out my name, to distinguish myself:

David = Beloved, in Hebrew
Allen= Harmony, in Celtic
Smith = Smites, in Old English

I'm "that" David A. Smith.

: )

- Dave

[Buttercup McToots]

74. Goose Bumps

:thumbsup:

[CorpGovActivist]

76. I Think I Must Have Had Starbucks...

... that day.

LOL.

Starbucks gift cards are one of my favorite stocking stuffers.

Napoleon on coffee: http://www.google.com/search?hl=en&lr=&q=strong+coffee+and+plenty+napoleon

Writings of George Washington on coffee: http://etext.virginia.edu/etcbin/toccer-new2?id=WasFi38.xml&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=9&division=div1

; )

- Dave

[leveymg]

17. Some questions, if you please, Mr. Smith.

David -

I am a bit late into the game, as I was alerted to the existence of your extraordinary series of postings only this morning. Thus far, have only had time to read only thread III and some of the links, and plan to read the others later. I'll likely have more questions for you later.

What stands out, so far:

Page 3, para 3, of your 09/20/2006 letter to Sens. Byrd and Rockefeller:

"After all, a dirty foreign bribe is usually paid with dirty, offshore, untaxed money, right?"

Was that a rhetorical question, or did you actually see reference to such offshore account(s) in any of these e-mails? Did you hear anyone within the company make reference to such? Has any USG officer or elected official or staff, confirmed the existence of such account(s), or that there is an ongoing investigation into the same?

The e-mails you did read reference bribes allegedly paid by the company to officials in Nigeria. You also reference "other" countries you believe are involved in the slush fund. What other countries? Is this something you just intuit, or know?

What has been the reaction of the WV Senators? May we see Rocky and Byrd's written response, if any?

Below is your account of the ground rules you placed on yourself in your dealings with DOJ:

CorpGovActivist (1000+ posts) Tue Oct-31-06 02:45 PM
Response to Reply #55

70. Sounds Like You Did the Right Thing...


... when I got that very first phone call from the DOJ on the morning of Friday, July 23, 2004, I told them then:

1. I won't embellish.

2. I won't hesitate to say, "I don't know."

3. I won't hesitate to say, "I don't know, but here's who might just know - and be willing to tell you."

- Dave



Did you raise the offshore slush fund allegation with DOJ? What was their response?

Do you have copies of company e-mails that discussed such a slush fund? If not, how did you make that leap? Was it something discussed with others within the company who steered you? Is there anyone else who you are aware of who has also made public similar allegations about offshore slush funds?

I'm neither a skeptic nor an enthusiast, at this point, but am trying to gauge the solidity of these allegations.

Please feel free to PM your response to me, if you prefer.

Sincerest thanks for bringing this to our attention.

- Mark

[CorpGovActivist]

21. GREAT Questions!

"I am a bit late into the game, as I was alerted to the existence of your extraordinary series of postings only this morning."

This story will be around for a while, whether Dick Cheney likes it or not. There'll be plenty of time to get caught up.

"Thus far, have only had time to read only thread III and some of the links, and plan to read the others later. I'll likely have more questions for you later."

I'll look forward to those.

"What stands out, so far:

Page 3, para 3, of your 09/20/2006 letter to Sens. Byrd and Rockefeller:

'After all, a dirty foreign bribe is usually paid with dirty, offshore, untaxed money, right?'

Was that a rhetorical question, or did you actually see reference to such offshore account(s) in any of these e-mails? Did you hear anyone within the company make reference to such? Has any USG officer or elected official or staff, confirmed the existence of such account(s), or that there is an ongoing investigation into the same?"

Strictly speaking, it's not a rhetorical question, since a rhetorical question doesn't expect an answer. I know it has an answer - and one that means that Dick Cheney's Halliburton violated more than one set of Federal laws, with his personal knowledge and approval.

The one question that cuts right to the heart of this matter is: "Why was David R. Smith, the VP of Tax for Halliburton, intended to be on the cc: list to begin with?"

To get a sense of just how senior David R. Smith is in the company, please note that he's listed in the annual reports as one of the key officers (see Executive Officers of the Registrant): http://www.sec.gov/Archives/edgar/data/45012/000004501206000124/ed10k2005_final.htm

With Halliburton's damage control team circling the wagons on an ***FCPA*** investigation, why in the world would the head of the ***tax*** group be looped in, if there wasn't concern about the tax status of the money involved? That's not a rhetorical question, either, for the record.

; )

As for the existence of the accounts and the source of the monies paid to bribe foreign officials on Cheney's watch as CEO: stay tuned. Much like the Al Capone case, this one hinges on the book-keeping and record-keeping!

"The e-mails you did read reference bribes allegedly paid by the company to officials in Nigeria. You also reference 'other' countries you believe are involved in the slush fund. What other countries? Is this something you just intuit, or know?"

Straight from Halliburton's Halloween filing yesterday (its quarterly report - see the "Legal Proceedings" narrative): http://www.sec.gov/Archives/edgar/data/45012/000004501206000348/edsept200610q_final.htm

See also the BakerBotts-authored registration statements, in which Halliburton is trying to get rid of the politically-radioactive unit, KBR: http://www.sec.gov/cgi-bin/browse-edgar?company=kbr&CIK=&filenum=&State=&SIC=&owner=include&action=getcompany

This gets James Addison Baker, III, too. He is the GOP answer to Clark Clifford, and this is his BCCI: http://en.wikipedia.org/wiki/Bank_of_Credit_and_Commerce_International

http://en.wikipedia.org/wiki/Clark_Clifford

Baker shoulda listened to his granddaddy's advice: http://www.google.com/search?hl=en&lr=&q=james+baker+book+%22keep+out+of+politics%22

"What has been the reaction of the WV Senators? May we see Rocky and Byrd's written response, if any?"

I have every confidence in my home state's Senators. They have justified my faith many, many times over.

"Below is your account of the ground rules you placed on yourself in your dealings with DOJ:

'... when I got that very first phone call from the DOJ on the morning of Friday, July 23, 2004, I told them then:

1. I won't embellish.

2. I won't hesitate to say, 'I don't know.'

3. I won't hesitate to say, 'I don't know, but here's who might just know - and be willing to tell you.'

- Dave

Did you raise the offshore slush fund allegation with DOJ? What was their response?"

As I've written in one of these threads, some investigators are like a one-way mirror. They take information in, and don't share anything back. Accordingly, I am not always (immediately) privy to their follow-up or response. However, it has been the case - more than once - that I suddenly get a follow-up question out of the blue on something that I thought was dormant. From that, I infer that follow-up has happened.

"Do you have copies of company e-mails that discussed such a slush fund?"

Prudence dictates that I decline to answer that at this point, in this forum.

"If not, how did you make that leap?"

See above, but also consider: do you think that the Treasurer of Halliburton has an "on-the-books" check for any of the bribes, or an invoice, or a receipt signed by Nigerian thugocrats?

; )

"Was it something discussed with others within the company who steered you? Is there anyone else who you are aware of who has also made public similar allegations about offshore slush funds?"

Again, prudence cautions that I refrain from answering that in this forum. I will simply say that Congressman Waxman's staff has apparently cultivated the trust and confidence of many Halliburton/KBR whistleblowers - each of whom can produce parts of the puzzle.

"I'm neither a skeptic nor an enthusiast, at this point, but am trying to gauge the solidity of these allegations."

Be a hopeful skeptic. You don't know me from Adam, but I think you can safely repose your trust in Congressman Waxman and his gifted staff.

"Please feel free to PM your response to me, if you prefer."

That would be hiding this light under a bushel.

"Sincerest thanks for bringing this to our attention."

It has been my honor, and I am hopeful for the Republic. I truly am. Along the way, I've met some true believers in the Constitutional framework, and its majesty.

: )

- Dave

[hootinholler]

25. So, R fell for the Nigerian scam?

Grinning, Ducking, Running for cover.

:evilgrin:

-Hoot

[CorpGovActivist]

28. When I Get Those Damn Nigerian Scam Spams...

... all I can do is explode, "Didn't Dick Cheney bribe you already?!?"

- Dave

[Buttercup McToots]

38. La De Da...

Unapproved change orders
We have contracts for which we are negotiating change orders to the contract scope and have agreed upon the scope of work but not the price. These change orders amount to $308 million at September 30, 2006. Unapproved change orders at December 31, 2005 were $61 million. Our share of change orders from unconsolidated related companies totaled $4 million at September 30, 2006 and $5 million at December 31, 2005.
Included in the $308 million of change orders is $269 million for our consolidated 50%-owned gas-to-liquids project in Escravos, Nigeria. The $69 million increase in change orders from June 30, 2006 is due to additional scope changes to the project. In the second quarter of 2006, we recorded a $148 million charge, before income taxes and minority interest, related to this project. This charge was primarily attributable to increases in the overall estimated cost to complete the project. The project experienced delays relating to civil unrest and security on the Escravos River, near the project site, with additional delays resulting from scope changes and engineering and construction modifications. In October 2006, we reached agreement with our customer to fund $206 million of the $269 million in unapproved change orders. Portions of the remaining work now have a lower risk profile, particularly with respect to security and logistics. The project was approximately 38% complete as of September 30, 2006.
Barracuda-Caratinga project
Following is the status, as of September 30, 2006, of our Barracuda-Caratinga project, a multiyear construction project to develop the Barracuda and Caratinga crude oilfields located off the coast of Brazil:
- the Barracuda and Caratinga vessels are both fully operational. In April 2006, we executed an agreement with Petrobras that enabled us to achieve conclusion of the Lenders’ Reliability Test and final acceptance of the FPSOs. These acceptances eliminate any further risk of liquidated damages being assessed but do not address the bolt arbitration discussed below;

- in the first quarter of 2006, we recorded a loss of $15 million related to additional costs to finalize the project and warranty matters. We have recorded inception-to-date losses on this project of approximately $785 million; and

- our remaining obligation under the April 2006 agreement is primarily for warranty on the two vessels.

In addition, at Petrobras’ direction, we have replaced certain bolts located on the subsea flowlines that failed through mid-November 2005, and we understand that additional bolts have failed thereafter, which were replaced by Petrobras. These failed bolts were identified by Petrobras when it conducted inspections of the bolts. The original design specification for the bolts was issued by Petrobras, and as such, we believe the cost resulting from any replacement is not our responsibility. Petrobras has indicated, however, that they do not agree with our conclusion. We have notified Petrobras that this matter is in dispute. We believe several possible solutions may exist, including replacement of the bolts. Estimates indicate that costs of these various solutions range up to $140 million. Should Petrobras instruct us to replace the subsea bolts, the prime contract terms and conditions regarding change orders require that Petrobras make progress payments for our costs incurred. Petrobras could, however, perform any replacement of the bolts and seek reimbursement from KBR. In March 2006, Petrobras notified KBR that they have submitted this matter to arbitration claiming $220 million plus interest for the cost of monitoring and replacing the defective stud bolts and all related costs and expenses of the arbitration, including the cost of attorneys fees. We disagree with the Petrobras claim because the bolts met Petrobras’ design specification, and we do not believe there is any basis for the amount claimed by Petrobras. We intend to vigorously defend ourselves and pursue recovery of the costs we have incurred to date through the arbitration process. The arbitration hearing is not expected to begin until the first quarter of 2008. As of September 30, 2006, we have not accrued any amounts related to this arbitration.

[CorpGovActivist]

49. To Be Fair...

... some "change orders" in Federal Government contracting are legitimate. For example:

1. The scope of what the agency requires mutates well beyond the original scope of the work.

2. The "situation on the ground" is too fluid to carry out the original gameplan to achieve the goal, but the goal remains a vital one.

- Dave

[Blackhatjack]

29. People here need to understand something very important....

... a congressional investigation of alleged wrongdoing is not a trial. The information produced in that investigation may have an entirely different status in the context of formal charges and trial in both civil and criminal courts. Therefore the management and disclosure of that information requires intelligence and discretion.

Those with a desire to 'short-circuit' an investigation before it reaches the stage of triggering formal criminal charges or civil claims, can use knowledge of the the extent, progress and breadth of an investigation to accomplish their goal. Therefore, it is important for people to understand that failing to disclose all you know is not a confirmation nor a refutation of the theoretical reasons advanced for such non-disclosure.

Sometimes, people who have engaged in wrongdoing have a very tough time determining whether they will ultimately be held accountable for their transgressions. Not knowing enough about the potential evidence against them can be enough to encourage them to accept responsibility, cooperate with investigatory authorities, and receive a more lenient sentence and/or outcome.

I suspect that when the time is right, there will be an avalanch of information disclosed rather than just drips and drabs leaking out. Once the major players are revealed, and the nature of their transgressions, there will be lots of transgressors asking to 'cooperate' and get a more lenient sentence.

Am I wrong here Dave?

[CorpGovActivist]

31. As Usual...

... you have teased out some of the finer nuances.

"... a congressional investigation of alleged wrongdoing is not a trial. The information produced in that investigation may have an entirely different status in the context of formal charges and trial in both civil and criminal courts. Therefore the management and disclosure of that information requires intelligence and discretion."

Amen! Not only for the sake of keeping the information flowing in, but also for the safety and well-being of those who are providing it.

"Those with a desire to 'short-circuit' an investigation before it reaches the stage of triggering formal criminal charges or civil claims, can use knowledge of the the extent, progress and breadth of an investigation to accomplish their goal. Therefore, it is important for people to understand that failing to disclose all you know is not a confirmation nor a refutation of the theoretical reasons advanced for such non-disclosure."

Again, amen! I would add to this: a key potential informant, teetering on the edge of coming forward with a cache of new - and damning - documents may get spooked if information is made public that could lead BushCo. to them.

"Sometimes, people who have engaged in wrongdoing have a very tough time determining whether they will ultimately be held accountable for their transgressions. Not knowing enough about the potential evidence against them can be enough to encourage them to accept responsibility, cooperate with investigatory authorities, and receive a more lenient sentence and/or outcome."

Some even have true conversion experiences on the proverbial road to Damascus - it's rare, but it happens.

"I suspect that when the time is right, there will be an avalanch of information disclosed rather than just drips and drabs leaking out. Once the major players are revealed, and the nature of their transgressions, there will be lots of transgressors asking to 'cooperate' and get a more lenient sentence."

It's textbook, really.

"Am I wrong here Dave?"

Close enough for horseshoes or hand grenades!

; )

- Dave

[leveymg]

40. The subject of the alleged H. offshore slush fund was breached by Dave

in his letter to the Senators. Dave then published his letter on-line, opening up the subject to scrutiny. Then, again, it was brought up in this public forum.

If he raises the subject in public, he has to provide a sensible response to the inevitable questions about it.

This is always true in investigations and court matters, unless there is a gag order imposed.

Dave can say, "no comment". But, that raises other questions. So, it's best to simply answer the question in a sensible, informative fashion.

Thanks.

[CorpGovActivist]

44. Common Sense...

Let's apply some common sense and basic logic 101 here, 'k?

1. If you believe that FCPA violations - as described in Halliburton's own filings (a.k.a., straight from the racketeers' mouth) - took place, then;

2. The money to pay the bribes to foreign officials in Nigeria and elsewhere had to come from somewhere, right?

That's a binary choice: yes or no.

If yes: then, the question becomes, "Where did the money to pay the bribes come from? Domestic or offshore accounts, or both?"

That presents three possible choices.

Domestic: "Was it taxed properly?"

Offshore: "Was it taxed properly?"

Both: "Was it taxed properly?"

Finally, the questioner neglects to address the issue of why David R. Smith - VP of Tax for Halliburton - would need to be looped into a conversation about a Foreign Corrupt Practices Act investigation, absent some conerns over the tax status of the funds in question.

- Dave

[Blackhatjack]

45. I read about the 'possibility' of Halliburton's Offshore slush fund yrs ago...

.... but so far I cannot find a link to the source. I read broadly and am not really sure where I would find it.

There was speculation at the time the Nigerian bribe scandal broke that the funds came from some source parked outside the US. I do recall there was a question as to whether Halliburton could be held liable in the US for what it did outside the country with funds outside the country. The most likely course of action would be to disqualify Halliburton from future US Govt contracts --which would hurt Halliburton.

Later there were allegations from people looking into the ENRON collapse that there had to have been some massive transfers of assets prior to filing bankruptcy based upon what they were seeing as they tried to take an accurate forensic accounting of 'what was left.'

If there is a Halliburton - ENRON connection, then it might be prudent to follow the asset trail to see if ENRON assets disappeared into some of the same financial institutions that do business with Halliburton.

It will be difficult to pin down since 'offshore financial records' are rarely disclosed, and when they are disclosed it is difficult to discern their accuracy. However, what is not difficult to ascertain is that ENRON assets did disappear in a manner that cannot presently be accounted for by those looking into the matter.

[CorpGovActivist]

47. The Al Capone Money Men...

... were the weak link.

Ditto BushCo.

- Dave

[leveymg]

111. Here's reference in The Nation (06/18/04) to the H slush fund and the original

French investigation:

http://www.thenation.com/doc/20040705/ireland
article | posted June 18, 2004 (web only)
Dick Cheney and the $5 Million Man
Doug Ireland


The Securities and Exchange Commission has finally opened a formal investigation into allegations that Halliburton (in partnership with French petro-engineering company Technip) funneled $180 million into a slush fund to pay bribes in the construction of a $6 billion Nigerian gas refinery--a scandal that French authorities have been probing for a year (for background, see Doug Ireland, "Will the French Indict Cheney?" December 29, 2003).

The energy conglomerate formerly headed by Dick Cheney disclosed the SEC probe (as it was required to do by law for any legal action potentially affecting the company's stock) on June 11. The timing of the disclosure was no accident--it was a Friday, the last day of the interminable Reagan funeral ceremonies, and Wall Street was thus closed. The national press corps focused on little else but the burial, so the SEC investigation got scant attention in the weekend papers (even the New York Times ran only a brief AP dispatch on its website). Although the US media have shown little interest in the story, the investigation of the Halliburton Nigeria scandal by France's most celebrated investigating magistrate, Judge Renaud Van Ruymbeke, has continued making headlines in Paris--where the latest revelations bring the scandal right to the front door of Halliburton's Houston headquarters.

The Journal du Dimanche (JDD, a large Sunday paper) revealed on June 13 that Judge Van Ruymbeke's investigation has uncovered how Albert "Jack" Stanley, the president of huge Halliburton subsidiary Kellogg Brown & Root (KBR) at the time of the alleged bribery, received so-called "commissions" of 3 percent of the deal from the slush fund. The total amount Stanley received is some $5 million, according to reports in the International Herald Tribune and elsewhere. The Nigerian oil minister at the time, Dan Entete, got $2.5 million, reported the JDD. The slush fund was set up with Halliburton money by a London lawyer, Jeffrey Tesler--who worked for Halliburton at the same time he was financial adviser to the notoriously corrupt late Nigerian dictator Gen. Sani Abacha--as a shell-company front called TriStar, which Tesler established in the British tax haven of Gibraltar. Stanley, the 5 Million Dollar Man, is a close friend and associate of Dick Cheney.


SNIP

[stop the bleeding]

112. I found somehting :)

I am still reading the article - maybe time for a new thread??


WASHINGTON, United States (AP):

Halliburton Company has said it will agree to the Securities and Exchange Commission's (SEC) request for more time to investigate possible bribery and corruption in connection with the company's natural gas operations in Nigeria.

The oilfield services conglomerate disclosed the SEC's recent request for a so-called tolling agreement in a regulatory filing on Tuesday. Such an accord will put off the time when the legal clock started running, or tolling, on the case under the statute of limitations - generally five years for such investigations.

The agreement also gives Houston-based Halliburton more time to make its case to the SEC against possible civil charges under the Foreign Corrupt Practices Act, or to work out a settlement with the agency. The act makes it unlawful to bribe foreign government officials or company executives to obtain or retain business.

"In September 2006, the SEC requested that we enter into a tolling agreement with respect to its investigation. We anticipate that we will enter into an appropriate tolling agreement with the SEC," Halliburton said in its filing.

SEC spokesman John Nester declined comment yesterday.





http://www.jamaica-gleaner.com/gleaner/20061102/business/business1.html

[stop the bleeding]

113. more .....

David A. Smith said in a filing with the SEC in September that he mistakenly received emails from a company attorney on how to handle federal investigations - notes he says were intended for David R. Smith, a vice-president with Halliburton's tax group.

The emails, he said, focused on how Halliburton would defend itself against bribery charges.

David A. Smith, who says he owns a single share of Halliburton's common stock, said in his SEC filing that David R. Smith "was being asked to weigh in on how to explain away the source of the bribes paid to Nigerian officials."

Halliburton has said that Smith's allegations are groundless.

[CorpGovActivist]

121. My First SEC Filing Was in...

... September.

http://www.sec.gov/cgi-bin/browse-edgar?company=smith+david+allen&CIK=&filenum=&State=&SIC=&owner=include&action=getcompany

- Dave

[leveymg]

114. Saw that AP Bizwire report yesterday, and sent it to Dave

It lloks like pieces of this story are breaking in the MSM. Note that Dave's mentioned in that account.

[stop the bleeding]

115. yep - 2X's

:toast:

time for thread V

[CorpGovActivist]

123. It's Up

See the top entry in my journal (cut and run).

- Dave

[CorpGovActivist]

122. As My Grandfather's Favorite President Once Said...

http://www.google.com/search?hl=en&q=it%27s+amazing+what+you+can+accomplish+if+care+who+gets+the+credit+harry+s.+truman

If you're ever up to the Senate, there's a plaque marking where his offices once were. It makes me smile and remember my grandfather, every time.

- Dave

[CorpGovActivist]

120. Thread V is up...

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=2548452&mesg_id=2548452

- Dave

[CorpGovActivist]

118. The French Judge...

... has made repeated noise about hauling Cheney in for questioning.

Can you imagine the uproar that would cause?

; )

- Dave

P.S. Do you know how easy it is to get to France from Alexandria, Virginia, to give testimony?

http://www.ambafrance-us.org/

Just across the Key Bridge, over by Georgetown University Medical Center.

[CorpGovActivist]

119. Jack Stanley is KEY, KEY, KEY

He was NOT a "rogue" actor.

- Dave

[leveymg]

35. Follow-up, please

1) Q. "What stands out, so far:

Page 3, para 3, of your 09/20/2006 letter to Sens. Byrd and Rockefeller:

'After all, a dirty foreign bribe is usually paid with dirty, offshore, untaxed money, right?'

Was that a rhetorical question, or did you actually see reference to such offshore account(s) in any of these e-mails? Did you hear anyone within the company make reference to such? Has any USG officer or elected official or staff, confirmed the existence of such account(s), or that there is an ongoing investigation into the same?"

A. Strictly speaking, it's not a rhetorical question, since a rhetorical question doesn't expect an answer. I know it has an answer - and one that means that Dick Cheney's Halliburton violated more than one set of Federal laws, with his personal knowledge and approval.

The one question that cuts right to the heart of this matter is: "Why was David R. Smith, the VP of Tax for Halliburton, intended to be on the cc: list to begin with?"

To get a sense of just how senior David R. Smith is in the company, please note that he's listed in the annual reports as one of the key officers (see Executive Officers of the Registrant): http://www.sec.gov/Archives/edgar/data/45012/0000045012...

With Halliburton's damage control team circling the wagons on an ***FCPA*** investigation, why in the world would the head of the ***tax*** group be looped in, if there wasn't concern about the tax status of the money involved? That's not a rhetorical question, either, for the record.

; )

As for the existence of the accounts and the source of the monies paid to bribe foreign officials on Cheney's watch as CEO: stay tuned. Much like the Al Capone case, this one hinges on the book-keeping and record-keeping!

FU: You didn't answer my questions: 1)Did you hear anyone within the company make reference to such? 2) Has any USG officer or elected official or staff, confirmed the existence of such account(s), 3) or that there is an ongoing investigation into the same?"


2) Q. "The e-mails you did read reference bribes allegedly paid by the company to officials in Nigeria. You also reference 'other' countries you believe are involved in the slush fund. What other countries? Is this something you just intuit, or know?"

A. Straight from Halliburton's Halloween filing yesterday (its quarterly report - see the "Legal Proceedings" narrative): http://www.sec.gov/Archives/edgar/data/45012/0000045012...

See also the BakerBotts-authored registration statements, in which Halliburton is trying to get rid of the politically-radioactive unit, KBR: http://www.sec.gov/cgi-bin/browse-edgar?company=kbr&CIK...

This gets James Addison Baker, III, too. He is the GOP answer to Clark Clifford, and this is his BCCI: http://en.wikipedia.org/wiki/Bank_of_Credit_and_Commerc...

http://en.wikipedia.org/wiki/Clark_Clifford

Baker shoulda listened to his granddaddy's advice: http://www.google.com/search?hl=en&lr=&q=james+baker+bo...

FU: Again, sir, you didn't answer my questions: (1)You also reference 'other' countries you believe are involved in the slush fund. What other countries? (2) Is this something you just intuit, or know?"



3) Q. "What has been the reaction of the WV Senators? May we see Rocky and Byrd's written response, if any?"

A. I have every confidence in my home state's Senators. They have justified my faith many, many times over.

FU: Ditto. Non-responsive to the questions posed.



4) Q. "Below is your account of the ground rules you placed on yourself in your dealings with DOJ:

'... when I got that very first phone call from the DOJ on the morning of Friday, July 23, 2004, I told them then:

1. I won't embellish.

2. I won't hesitate to say, 'I don't know.'

3. I won't hesitate to say, 'I don't know, but here's who might just know - and be willing to tell you.'

- Dave

Did you raise the offshore slush fund allegation with DOJ? What was their response?"

A.) As I've written in one of these threads, some investigators are like a one-way mirror. They take information in, and don't share anything back. Accordingly, I am not always (immediately) privy to their follow-up or response. However, it has been the case - more than once - that I suddenly get a follow-up question out of the blue on something that I thought was dormant. From that, I infer that follow-up has happened.

FU: Non-reponsive to my questions: (1)Did you raise the offshore slush fund allegation with DOJ? (2) What was their response?"



5) Q. "Do you have copies of company e-mails that discussed such a slush fund?"

Prudence dictates that I decline to answer that at this point, in this forum.

FU: Feel free to provide them to that when you will, but again you didn't answer the question, sir.

6) "If not, how did you make that leap?"

See above, but also consider: do you think that the Treasurer of Halliburton has an "on-the-books" check for any of the bribes, or an invoice, or a receipt signed by Nigerian thugocrats?

; )

FU: You haven't answered the central question: what evidence do you have, if any, that H was operating an offshore slush fund.

7) Q. (1)"Was it something discussed with others within the company who steered you? (2)Is there anyone else who you are aware of who has also made public similar allegations about offshore slush funds?"

A. Again, prudence cautions that I refrain from answering that in this forum. I will simply say that Congressman Waxman's staff has apparently cultivated the trust and confidence of many Halliburton/KBR whistleblowers - each of whom can produce parts of the puzzle.

FU: You could have at least answered the second part of that question, to the best of your knowledge.


8) Q. "I'm neither a skeptic nor an enthusiast, at this point, but am trying to gauge the solidity of these allegations."

A. Be a hopeful skeptic. You don't know me from Adam, but I think you can safely repose your trust in Congressman Waxman and his gifted staff.

FU: Would you blame me if I say that I'm tilting into the skeptic's column, after hearing your non-responses?

Look, I'm familiar with (and have been a part of) big law firms, press conferences, court depositions, Congressional investigations, etc. I have to say that your non-responsiveness is dismaying, and largely unnecessary from both a legal and practical stand-point.

I urge you to reformulate your answers, if you want to be taken seriously here.

- Mark

[stop the bleeding]

41. yes - please follow up on leveymg's question

his questions are good ones for the sake of veracity. If some of them have been answered in more detail from a previous post(s) then I missed them and I apologize for making people repeat themselves.


thanks again


on edit: thanks Mark for trying to get some more clarity on this subject

[CorpGovActivist]

42. When I Provide Links...

... I expect that you'll have read them, before firing back follow-ups.

"FU: You didn't answer my questions: 1)Did you hear anyone within the company make reference to such? 2) Has any USG officer or elected official or staff, confirmed the existence of such account(s), 3) or that there is an ongoing investigation into the same?"

Did you read the Halliburton filings that I took the time to link to? Straight from the company's own filings, you can find the answer. Hint: search on "Foreign Corrupt Practices Act," or the word Nigeria.

"FU: Again, sir, you didn't answer my questions: (1)You also reference 'other' countries you believe are involved in the slush fund. What other countries? (2) Is this something you just intuit, or know?"

Did you read the Halliburton filings that I took the time to link to? Straight from the company's own filings, you can find the answer to the other countries question. If you'd like, I can provide you with the contact information for Halliburton's spokesflaks, and you can ask them to tell you where the funds to pay the bribes came from - I'm sure they'll be very forthcoming.

"FU: Ditto. Non-responsive to the questions posed."

For good reason, I would argue. The response I have received from various Senators and Members of Congress will become public in due course.

"FU: Non-reponsive to my questions: (1)Did you raise the offshore slush fund allegation with DOJ? (2) What was their response?"

For good reason, I would argue. The responses I have received from the DOJ and other investigators will become public in due course.

"FU: Feel free to provide them to that when you will, but again you didn't answer the question, sir."

*smile* You know, the GOP "leaders" tried to make it seem like there was a "chain of custody" problem with the Mark Foley e-mails. If they were willing to portray teens and twenty-somethings as fabricators of IMs and e-mails, why wouldn't they do the same to me? That is precisely why I urged the DOJ and FBI to go straight for the backup tapes - to obviate and moot out the "chain of custody" issue that I could foresee amateurs like Rove trying to raise.

"FU: You haven't answered the central question: what evidence do you have, if any, that H was operating an offshore slush fund."

May I see your credentials? Are you flashing an FBI badge or a Fox News one?

"FU: You could have at least answered the second part of that question, to the best of your knowledge."

No, because to do so would be to lead down a path that would jeopardize any other whistleblowers who may or may not exist. Surely you can appreciate that?

"FU: Would you blame me if I say that I'm tilting into the skeptic's column, after hearing your non-responses?"

If you were wearing the black robe of a Federal judge, I might begin to care. You're not, are you?

"Look, I'm familiar with (and have been a part of) big law firms, press conferences, court depositions, Congressional investigations, etc. I have to say that your non-responsiveness is dismaying, and largely unnecessary from both a legal and practical stand-point."

Which law firms? That might begin to help us here.

My "non-responsiveness," as you deem it, is appropriate to this forum, to these circumstances, and to the timing of the ongoing investigation that you can read about - once you take the time to read the Halliburton filings I provided links to. Follow-ups should be informed by the data provided in the first round of questioning - I think that's only fair, don't you?

"I urge you to reformulate your answers, if you want to be taken seriously here."

Thanks for the advice. I'll take your suggestions under advisement.

I'm sorry, I didn't get the name of the organization you're working for?

- Dave

[CorpGovActivist]

51. For the Benefit and Edification of...

... Mark and other skeptics:

http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/0001193125-06-218385-index.htm

That is the most current iteration of the registration statement that BakerBotts has filed, in a desperate ploy to pass the KBR hot potato.

The main document is the first link - but don't skip the exhibits.

Here's the hyperlinked table of contents (TOC) for the main filing: http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/ds1a.htm#toc

Some of the TOC entries will be of interest to some readers; other entries will be of interest to others (e.g., securities lawyers who know just what to look for). For my part, I urge everyone to be sure not to skip Risk Factors, or Management's Discussion, or the three sections in the third link below: http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/ds1a.htm#rom71894_2

http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/ds1a.htm#rom71894_9

http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/ds1a.htm#rom71894_21

As for the exhibits to the main filing, be sure not to skip the BakerBotts opinion letter, the consent letter from KPMG (the next Arthur Andersen, methinks) or the underwriting agreement from the investment banks who stand to make a pretty penny off this deal, should it go through:

http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/dex51.htm

http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/dex231.htm

http://www.sec.gov/Archives/edgar/data/1357615/000119312506218385/dex11.htm

Finally, please note that the company is on notice that - if necessary - a shareholder derivative lawsuit will be filed, to say, "Not so fast!"

http://www.sec.gov/cgi-bin/browse-edgar?company=smith+david+allen&CIK=&filenum=&State=&SIC=&owner=include&action=getcompany

http://www.sec.gov/Archives/edgar/data/45012/000126947606000005/kbrtexastwostep.htm

- Dave

[stop the bleeding]

53. I need to go back to the beginning

starting with parts I, II, and III - I will see how much I can digest on this.

Thanks Dave and thanks Mark -

maybe I will be able to offer more than just skimming other people's posts and questions.

[CorpGovActivist]

55. No Worries...

... and you're very welcome.

You don't need to be fully caught up to lob questions. All I ask is that - when I answer with a link that contains a fully explanatory answer - readers do look at it, before saying that I avoided answering the question.

- Dave

[CorpGovActivist]

57. Helen Thomas, You're Not

"Look, I'm familiar with (and have been a part of) big law firms, press conferences, court depositions, Congressional investigations, etc. I have to say that your non-responsiveness is dismaying, and largely unnecessary from both a legal and practical stand-point.

I urge you to reformulate your answers, if you want to be taken seriously here."

When the person having the questions hurled at him/her is at the podium, they typically at least get to know which news organization is asking the question.

Mark, if you want to be considered the Helen Thomas of the pack, I'm afraid I'm going to have to know who I'm calling on: http://en.wikipedia.org/wiki/Helen_Thomas

Since you invited the comparison to a press conference, or a deposition, or a Congressional hearing, the least you can do is give me an identity to work with here. These days are behind us: http://en.wikipedia.org/wiki/Inquisition.

- Dave

[leveymg]

60. GOOGLE me

Mark Levey, Mark G. Levey, leveymg

[CorpGovActivist]

63. Nice to Meetcha, Mark G. Levey - Now...

Who?
What?
When?
Where?
Why?
How?
Cui bono?

And when a potential source points you to where you can find the answers to your first set of questions, my advice on how to earn that source's trust and respect is to read up, then come back with your follow-ups.

I've dealt with too many lazy MSM "journalists" who want it spoonfed to them, without being willing to invest a modicum of their own time - so that they don't waste mine.

- Dave

[leveymg]

64. I was once told that the ability to answer questions directly with

100 words is worth far more than to reference 10,000.

I will read everything you link, and get back to you.

As I said in my PM, this is an effort to help you move the game forward, not to throw roadblocks in your way.

[CorpGovActivist]

65. As I Wrote Back...

... I am willing to do this by phone.

I know this stuff inside, out, backwards.

The story checks out.

- Dave

[leveymg]

73. I'll PM you again

about setting up an interview.

[CorpGovActivist]

75. Sounds Like a Plan

I look forward to the chance to talk.

Sincerely,

- Dave

[stop the bleeding]

82. Jeeze wish I could be there for that interview

but I guess we will have to wait and see what Mark and Dave say after they are done.

I feel like something good/some movement forward can come out of Mark and Dave working together on this.

wish I could do more than be a cheerleader on the sidelines.

I did spend the better have of this afternoon reading parts I, II, III and now IV - I feel a whole lot better about the veracity of this story - especially based on MSM links and the SEC filings.

Today is Wednesday - we will see any major developments between now and Friday???


thanks again btw

[CorpGovActivist]

85. May I Rot in Hell...

... if I'm not telling the truth.

- Dave

[stop the bleeding]

90. and may Cheney and company rot in hell

if you are ;):toast:

[CorpGovActivist]

91. I Guess That Settles It!

:rofl:

; )

- Dave

[CorpGovActivist]

92. Mark and I Will Have a Good Meeting...

... now that we've found some common ground.

; )

"wish I could do more than be a cheerleader on the sidelines."

See the ways you can help on the placeholder page: http://www.HALwhistleblowers.org/

- Dave

[CorpGovActivist]

67. Too Few Modern Journalists Grasp...

... the concept of strategic ambiguity, as applied to ongoing prosecutions: http://en.wikipedia.org/wiki/Strategic_ambiguity

Rather than hurl Molotov cocktails when they don't get the answer they would consider to be forthright - at least in public - the more seasoned journalists learn to read between the lines, and take stuff on background (in preparation for when it breaks big).

THAT'S how "scoops" happen, more often than not. A seasoned journalist has it all down, in the can, ready to file at the push of a button - once the embargo is lifted.

- Dave

[CorpGovActivist]

56. Mark: Please Check Your PM

Thanks!

"Please feel free to PM your response to me, if you prefer."

- Dave

[Tuesday_Morning]

30. Love the title of this thread, Dave n/t

[CorpGovActivist]

33. LOL...You Should Hear...

... some of the "pint-influenced working titles" that my friends have come up with for the book!

; )

- Dave

[havocmom]

32. .

[GliderGuider]

37. Question

Should we be revisiting the deaths of Dr. David Kelly in England and John Kokal at Foggy Bottom in light of this?

[Buttercup McToots]

39. Good Question

David?

[CorpGovActivist]

46. Let Me State - Categorically and For the Record...

... that my own religious upbringing precludes suicide.

The likes of James Addison Baker, III are dangerous when cornered. They're cornered, but not so dangerous as they imagine themselves to be.

- Dave

[GliderGuider]

48. Thanks.

You seem to have your ducks in a row, and I wouldn't expect you to become a statistic. Others may not have been so perceptive or cautious, and may have paid the price.

It would be nice to see those two hanging threads unravel and hang someone who deserves it, though.

[CorpGovActivist]

50. Some Whistleblowers Have Taken...

... extremely prudent precautions, including the ability to "speak from the beyond," should they meet with an untimely demise.

- Dave

[GliderGuider]

66. Speaking of untimely demises...

I realize the discussion has focused primarily on Hallibuton and Cheny but you've also linked to the Nigerian gov't.
These people do not simply commit a little white collar crime, cook some books, and see that their mistresses are well cared for. They are also implicated in the assassination of Ken Saro Wiwa and other Nigerian activists with the oft-alleged support of, if not order from, Shell Oil. Although Wiwa's death was 10+ years ago, do you think that current investigations into Halliburton and KBR can lead to prosecutions on that front?

I'll understand if this is outside the scope of what you know for certain.

And I'll take this opportunity to thank you most profoundly for all you're doing. Please pass it on to your buddies.

On edit: Confusing Halliburton Inc. with Haliburton, ON. My bad.

[CorpGovActivist]

69. My Buddies Are Legion ...

... and we all appreciate the thanks.

As for the Faustian bargain that the current Nixon-Ford retreads have made with the Nigerian thugocracy, it calls to mind similar devil's bargains they made with:

* Saddam Hussein

* OBL

* Ferdinand Marcos

* Manuel Noriega

* Shah Pahlavi

... and the list goes on. They justify this failed policy of collaborating with "unsavory" elements by saying that it's the expedient thing to do.

A real Republican once said: "No man is justified in doing evil on the ground of expedience." -- Teddy Roosevelt

The fascists in today's Executive Office of the President are unworthy to be in the same universe with Teddy.

- Dave

[Blackhatjack]

81. Extremely prudent of them, and don't forget the import of ....

...making sure there are copies of critical docs outside the reach of the United States entities.

There is no greater protection for a whistleblower than to have multiple copies that could surface and would surface if something untoward happens to them.

To paraphrase Vito Coreleone of Godfather fame, "...if something should happen to my son, if he were to have an accident ...I am a very superstitious man... and I will hold some of the people in this room accountable"

This could apply to those who might consider silencing a whistleblower, except playing the role of Vito would be one or more foreign journalists.

[CorpGovActivist]

83. Let Me Reveal a Method

Are you familiar with USB flash drives?

http://images.google.com/images?hl=en&q=flash+drives

Many of those come in the same neon colors as:

http://images.google.com/images?svnum=10&hl=en&lr=&q=fishing+lures

Hidden, in plain sight, dangling off fishing rods, or tucked in tackle boxes in many locations, could be countless of these inexpensive flash drives - just waiting.

My grandfather taught me how to fish, too.

; )

- Dave

[Blackhatjack]

88. I like this idea, but the real danger to them is someone set to reveal if

you meet an untimely end. Granted having multiple sources around makes it more difficult to find them all, but the real protection is someone out there just awaiting the signal to disclose.

Or as was used in a drama recently, if I do not send the signal at the appointed time they will disclose.

[CorpGovActivist]

89. That's the Point...

... those fishing rods and tackle boxes get retrieved, in the event "something" happens.

- Dave

P.S. For advanced counterintelligence points, the person who saves the data entrusts the flash drives to someone else, and doesn't actually know where they're hidden.

[IdesOfOctober]

95. Priceless...

... save some of it for the book.

Ides

[CorpGovActivist]

87. Or, to Quote from Godfather III...

"Finance is a gun. Politics is knowing when to pull the trigger."

http://www.imdb.com/title/tt0099674/quotes

; )

"Don't fire until..."

http://en.wikipedia.org/wiki/Israel_Putnam

- Dave

[Tuesday_Morning]

58. Dick Cheney Fitted for New Halliburton Uniform - Striped Jumpsuit

via Kpete
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x2539455

November 1, 2006 at 10:59:40

Dick Cheney Fitted for New Halliburton Uniform - Striped Jumpsuit

by Evelyn Pringle

http://www.opednews.com


The US Securities and Exchange Commission is conducting a formal investigation into whether Halliburton made improper payments to government officials in Nigeria in connection with the construction and expansion by TSKJ of a natural gas liquefaction complex and facilities at Bonny Island in Rivers State, Nigeria.

more....

[CorpGovActivist]

59. Dick Cheney Is the Spiro T.

Agnew of this Administration. The Nixon-Ford retreads did not learn the appropriate lessons during their exile.

They are, accordingly, doomed to repeat the history they did not learn.

- Dave

[Buttercup McToots]

78. Soooo

It's starting...

[CorpGovActivist]

79. Ye Will Surely Hear...

... the horn blast and signal.

: )

- Dave

[stop the bleeding]

84. right now I hear the drum growing louder

sounds awesome - WTG Dave

[CorpGovActivist]

86. Love Your Avatar, BTW...

... I forgave much with Episode III, too.

; )

- Dave

[Blackhatjack]

77. Is there a thread #5 ?? n/t

[CorpGovActivist]

80. The Pattern I'm Holding to...

... is a new thread each day. Tomorrow will begin "Part V," for the benefit of those on dial-up.

But that doesn't mean that follow-ups to what's out there so far aren't welcome.

- Dave

[bleever]

96. Pardon me if I missed it,

but where does "Sealed v. Sealed" fit in? I know what it is; I just want to know where to put it.

Thanks.

[CorpGovActivist]

97. Which One?

; )

- Dave

[bleever]

98. Okay,

I can take that for an answer, now that I think about it.

[CorpGovActivist]

99. It's a Viable Answer...

... what? You think he's the only prosecutor that knows how to use that rule?

; )

- Dave

[Buttercup McToots]

100. Good Nicht...

All take care of them selves...
Ye here?

[CorpGovActivist]

102. Always...

... dulcimer dreams!

: )

- Dave

[Blackhatjack]

101. Sealed Indictments Leave Footprints For Those Lucky Enough To Find Them...

... really there are so many people privvy to what is contained in a 'sealed' filing that eventually the information comes to light. Often the filing is marked 'sealed' but the individuals who were present in the courtroom are not always under a duty to remain silent. People like the recording clerk, the bailiff, the attorneys, the parties, any witnesses, etc.

There are cases where only the presiding judge, prosecutor, and clerk will be aware of a 'sealed' indictment. However, the members of the grand jury returning the indictment were present when the 'true bill' was established. So even in those cases, there are many in the know.

However, knowing where to look is the key --every sealed case file has a number which is assigned when it is recorded officially in the Office of the Clerk, or with the individual charged with maintaining court files in that jurisdiction. You usually will see one party or the other named, and the unnamed party referred to as a "Doe" or some other designation to preserve the identity. It is very rare to find a sealed file in which the names of all the parties have been withheld.

The key point is that the public has the right to know that 'something' was filed, just not what it was or who filed it. Plus, there has to be an official 'filed date' for purposes of establishing certain legal deadlines and statutes of limitation.

[CorpGovActivist]

103. All Good Points...

... and I know you know the reasons why this is done, in those rare times when it is truly called for.

I wonder if Dick Cheney's planning on changing his last name to Sealed anytime soon?

; )

- Dave

[Blackhatjack]

104. Sealed Indictments Allow Law Enforcement To Continue Investigation w/o ...

.... tipping off 'targets' that they are being observed. No other way to get to the top of a conspiracy than to follow the leads to the top. Grab a lower level transgressor, and the jig is up. Everybody above him knows where to cut the lines that connect them, evidence is destroyed, etc.

In this case, we could have the scenario where the 'targets' believe they have escaped indictment in one investigation, only later to learn that another investigation has had them under the spotlight for some time --and their 'goosed was cooked long ago', they just did not know it.

The sealed indictment also would allow individuals 'cooperating' with prosecutors to continue working without their cover being blown.

[CorpGovActivist]

105. Paging KKKarl Rove...

... your roast goose is ready.

"In this case, we could have the scenario where the 'targets' believe they have escaped indictment in one investigation, only later to learn that another investigation has had them under the spotlight for some time --and their 'goosed was cooked long ago', they just did not know it.

The sealed indictment also would allow individuals 'cooperating' with prosecutors to continue working without their cover being blown."

- Dave

[liberalla]

107. Yes! It sounds perfectly delicious and delectable...

Hmmm... What goes with goose?

I'm feeling absolutely giddy!

[CorpGovActivist]

124. Suckling Pig...

... as in all those Corporatist earmarks!

: )

- Dave

[PerfectSage]

108. Questions?

You should include this link in every daily thread as useful background info for anyone new to your threads, Dave.

http://www.sec.gov/Archives/edgar/data/45012/000126947606000011/shameonvirginiasenators.htm

Trying to wrap my puny intellect arround today's thread...

... Question 1 Does the potential scope of this investigation have the potential to bring down the Bush administration/neocons or at least lameduck them for 2 years.

2. So far there is a FCPA, tax evasion and 'other' investigations of Halliburton. Is other more than SIGAR? http://www.sigir.mil/

3. You mentioned the 'American Jobs Creation Act' and the 'State Street Bank'links. Is that how Halliburton repatriated tax evaded profits back to the US?

4. How does Cheney get nailed personally? I'd guess tax evaded money from kbr was finding it's way back into his election/reelection campaign funds. 2nd guess is kbr was bribing Cheney with tax evaded money for government contracts.

5. I'm still not getting the Cheney T Agnew thread? From Wikopedia: 'Agnew had hoped to be the Republican Party's presidential nominee in the 1976 election, before the Watergate scandal broke out. Privately, Agnew blamed Nixon for releasing the accusations of bribes and tax evasion in order to divert attention from the growing Watergate scandal that was engulfing Nixon's administration'

Cheney is Bush's 'divert attention' plan? Or just a dumb schmuck who got too cocky and forgot the cya principle?

6. The misdirected emails you acidentally received? Where they all tax evasion investigation related or where there some other and fcpa related?


When I woke up yesterday morning and I was still in bed and still in that aplha brain wave state: I was thinking the dems should at least win the house... ...and all they need is a nice juicy scandal/investigation to lameduck Bush for the next 2 years. The delicious irony was finding your thread yesterday afternoon.

:toast:

[CorpGovActivist]

125. Let's Move This to Thread V...

... see the latest entry in my DU journal (cut and run).

- Dave

[lala_rawraw]

109. Dave

First thank you for your courage. Second, I am so focused on another topic right now, that I cannot seem to process anything else. Perhaps you mentioned this elsewhere, but is this the bribe scandal involving Nigeria and several EU countries as well as one Japanese country? I know Cheney is now being looked at in France for bribery charges in Nigeria. But i think this was before you joined them.

[Buttercup McToots]

110. Good Mornin All!

And what will today bring us?;)

David, What is Ides up tae? He has been awfully quiet fer the last wee while...
Mischief, me thinks...?:evilgrin:

[CorpGovActivist]

127. Mischief ...

... always!

; )

- Dave

[lala_rawraw]

142. Did I say one country from Japan? that was supposed to be company

gawd, remind me not to type when tired:(

[leveymg]

116. Here's a 06/04 report to the French investigation. Cheney named.

LaLa - Contact me.

Here's reference in The Nation (06/18/04) to the H slush fund and the original

French investigation:

http://www.thenation.com/doc/20040705/ireland
article | posted June 18, 2004 (web only)
Dick Cheney and the $5 Million Man
Doug Ireland


The Securities and Exchange Commission has finally opened a formal investigation into allegations that Halliburton (in partnership with French petro-engineering company Technip) funneled $180 million into a slush fund to pay bribes in the construction of a $6 billion Nigerian gas refinery--a scandal that French authorities have been probing for a year (for background, see Doug Ireland, "Will the French Indict Cheney?" December 29, 2003).

The energy conglomerate formerly headed by Dick Cheney disclosed the SEC probe (as it was required to do by law for any legal action potentially affecting the company's stock) on June 11. The timing of the disclosure was no accident--it was a Friday, the last day of the interminable Reagan funeral ceremonies, and Wall Street was thus closed. The national press corps focused on little else but the burial, so the SEC investigation got scant attention in the weekend papers (even the New York Times ran only a brief AP dispatch on its website). Although the US media have shown little interest in the story, the investigation of the Halliburton Nigeria scandal by France's most celebrated investigating magistrate, Judge Renaud Van Ruymbeke, has continued making headlines in Paris--where the latest revelations bring the scandal right to the front door of Halliburton's Houston headquarters.

The Journal du Dimanche (JDD, a large Sunday paper) revealed on June 13 that Judge Van Ruymbeke's investigation has uncovered how Albert "Jack" Stanley, the president of huge Halliburton subsidiary Kellogg Brown & Root (KBR) at the time of the alleged bribery, received so-called "commissions" of 3 percent of the deal from the slush fund. The total amount Stanley received is some $5 million, according to reports in the International Herald Tribune and elsewhere. The Nigerian oil minister at the time, Dan Entete, got $2.5 million, reported the JDD. The slush fund was set up with Halliburton money by a London lawyer, Jeffrey Tesler--who worked for Halliburton at the same time he was financial adviser to the notoriously corrupt late Nigerian dictator Gen. Sani Abacha--as a shell-company front called TriStar, which Tesler established in the British tax haven of Gibraltar. Stanley, the 5 Million Dollar Man, is a close friend and associate of Dick Cheney.


SNIP



Mark

[CorpGovActivist]

126. TSKJ/Bonny Island, and Other Nigerian Misadventures...

... http://www.google.com/search?hl=en&lr=&q=tskj+halliburton+nigeria

"First thank you for your courage."

They're cowards, thugs, bullies, and fascists.

"Second, I am so focused on another topic right now, that I cannot seem to process anything else."

Tunnel vision on a research topic? Say it ain't so! (I can relate.)

: p

"Perhaps you mentioned this elsewhere, but is this the bribe scandal involving Nigeria and several EU countries as well as one Japanese country?"

The "consortium" that comprised TSKJ was made up of: "Technip, Kellog, Snamprogetti and Japanese gas corporation (TSKJ)."

Kellogg = Kellogg, Brown & Root, a.k.a. Halliburton/KBR

"I know Cheney is now being looked at in France for bribery charges in Nigeria."

That French judge is "onto them," let me tell ya!

"But i think this was before you joined them."

The bribes? Yes.

The coverup? No.

- Dave

[DemoTex]

128. You SMELL that? Do you SMELL that? Scandal, son!

You smell that? Do you smell that? Scandal, son! Nothing else in the world smells like that. I love the smell of scandal in the morning.

Apologies to the script of Apocalypse Now.

[stop the bleeding]

130. yes, it smells like .................. Victory :)

great picture btw both the movie and the one in your post

[elehhhhna]

129. Gig 'em , Dave!

:patriot:

[CorpGovActivist]

132. Frog Giggin'?

You must be from up near Arkansas!!!

LOL.

- Dave

[elehhhhna]

137. Dunno!

It's something the Aggies here say, constantly.

From Chicago, the birthplace of dirty politics, and danged proud of it!

[CorpGovActivist]

138. Vote Early...

... vote often, and help a Daley stuff a ballot box when you're done?

; )

- Dave

[elehhhhna]

139. i see dead people

[CorpGovActivist]

140. Haley Joel Osment for ChiTown Election...

... Commissioner?

:rofl:

- Dave

[elehhhhna]

141. check your pms

[Generic Other]

131. My question: Am I going to get more mileage out of this picture?

Please tell me my wildest dreams are going to come true! I've been waiting for so long.

[CorpGovActivist]

133. I Can Guarantee...

... that you will, if you'll license it to www.HALwhistleblowers.org and www.BushBunglesBrigade.org.

: )

- Dave

[Generic Other]

134. How do I do that?

I would be honored!! :)

[CorpGovActivist]

135. You Tell Me What's Fair ...

... licensing agreements typically convey whatever rights the creator (in this case, you) wishes to convey.

If you'd like to sell copies of that silkscreened onto merchandise, the agreement could include selling the image here: shop.BushBunglesBrigade.org (posters, mugs, t-shirts, etc.).

; )

Benjamin Franklin created a wise system to ensure that starving artists didn't have to stay that way!

http://en.wikipedia.org/wiki/Copyright_Clause

http://en.wikipedia.org/wiki/Benjamin_franklin

http://en.wikipedia.org/wiki/US_Patent_and_Trademark_Office


- Dave

[radfringe]

136. Carl Strock, Another Bush "Brownie" Heading Construction in Iraq and Afghanistan

Carl Strock, Another Bush "Brownie" Heading Construction in Iraq and Afghanistan
by Rob Kall | November 2, 2006
http://www.opednews.com/articles/opedne_rob_kall_061102_carl_strock_2c_another.htm

Besides Rumsfeld, there is another total loser Bush Appointee playing a major role in compouding the incompetence and failure in Iraq and Afghanistan.

When Bush cut the funding to pay for upgrading the levees in New Orleans, Carl Strock was his point man for defending the move. When a whistleblower, Connie Greenhouse, reported inappropriate contracts with Halliburton, Strock demoted her.

So, what would you expect Bush to do with a superb shill willing to lie and cover up for Bush's failures and bad judgments?

Put him in charge of the rebuilding of Iraq and Afghanistan. What the heck. He's already covered up and protected Haliburton.

Lt. Gen. Carl Strock, commander of the US Army Corps of Engineers is the very same man who demoted Connie Greenleaf, the former Army Corps of Engineers' top contracting official-turned whistle-blower, after shining light on questionable Haliburton contracts.