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Nader writes: "If it turns out that the West, Texas explosion is the result of a 'terrorist act,' expect federal law enforcement officials and the mass media to fly to Texas from Boston. But until then, don't expect much."

Ralph Nader being interviewed during his 2008 presidential campaign, 08/01/08. (photo: Scrape TV)
Ralph Nader being interviewed during his 2008 presidential campaign, 08/01/08. (photo: Scrape TV)



Boston, Texas and Corporate Criminal Justice

By Ralph Nader, Reader Supported News

25 April 13

he Boston Marathon bombings killed three and injured more than 180. The West, Texas industrial explosion killed at least 14 and injured more than 180. Guess which one drew the greater media and law enforcement response?

If it turns out that the West, Texas explosion is the result of a "terrorist act," expect federal law enforcement officials and the mass media to fly to Texas from Boston. But until then, don't expect much.

One reason -- our two tier criminal justice system. One tier for individuals. Another for corporations.

Case in point -- the April 2010 Massey Energy Upper Big Branch coal mine disaster that killed 29 miners in West Virginia. In December 2011, the Department of Labor found that Massey's "unlawful policies and practices" were the "root cause of this tragedy." But in the same month, the Justice Department said it would not criminally prosecute the company. Instead, the Justice Department entered into a "non prosecution agreement" with Massey.

David Uhlmann is the former head of the Justice Department's Environmental Crimes Section.

He was disturbed by Justice Department's failure to criminally prosecute Massey. He says he would have criminally charged the company. After all, he says, he has charged many a major corporate criminal for far less human damage. Uhlmann, currently a professor of law at the University of Michigan Law School, says that the Massey non prosecution agreement is part of an expanding pattern.

"The deal with Massey continues a disturbing trend whereby corporations can avoid criminal prosecution by entering deferred prosecution or non-prosecution agreements," Uhlmann wrote in an opinion piece in the New York Times in December 2011. "They create the appearance that justice can be bought."

Instead of securing guilty pleas in clear cut cases of corporate criminality, the Justice Department caves to the demands of corporate criminal defense attorneys and enters into deferred and non-prosecution agreements.

Just this week, the Justice Department and the Securities and Exchange Commission (SEC) each entered into a non-prosecution agreement with Ralph Lauren Corporation after alleging that the company bribed its way into markets in Argentina.

Uhlmann will be appearing on a panel at a full day conference May 3 at the National Press Club sponsored by the Corporate Crime Reporter. At the conference, Uhlmann will make the argument that deferred and non-prosecution agreements undermine corporate criminal liability. The title of the conference: Neither Admit Nor Deny: Corporate Crime in the Age of Deferred Prosecutions, Consent Decrees, Whistleblowers and Monitors. Uhlmann will argue that deferred and non-prosecution agreements should not be used in major corporate crime cases.

High level federal enforcement officials -- including the Securities and Exchange Commission's newly appointed Director of Enforcement and the chief of the Criminal Division at the Justice Department -- will appear at the conference to defend their use.

The Houston Chronicle reported last week that for years before the explosion that destroyed the West Fertilizer Co. facility, "neighbors had repeatedly called state authorities with complaints about leaks, the odor of ammonia and concerns about a nearby middle school and nursing home."

The Chronicle also reported that "inspectors in West, Texas found large quantities of anhydrous ammonia stored in 'unauthorized' tanks that failed to meet safety standards." Also, according to the report by the U.S. Pipeline and Hazardous Materials Safety Administration agency's representatives, "at the time of the inspection (the company) was unable to produce a copy of their security plan."

As the Corporate Crime Reporter points out, in his first response to the Boston Marathon bombing, President Obama offered his prayers and said that said that "any responsible individuals, any responsible groups will feel the full weight of justice."

In his first response to the West, Texas explosion, President Obama offered his prayers. Nothing about "the full weight of justice" for those responsible for the West, Texas explosion. Let's hope that changes when the president travels to Waco today to attend the memorial service for those lost and injured in the deadly explosion at the fertilizer plant.

Last week, the Fox news affiliate in Oklahoma City KOKH Fox 25 ran this headline -- "Police Find No Evidence of Crime in West, Texas Explosion." And that's even before any investigation of corporate criminal culpability.

The May 3 corporate crime conference at the National Press Club will highlight this double standard.

To give voice to those, like David Uhlmann, who would vigorously investigate and criminally prosecute major corporate criminals. Not rush to judgment -- and let the powerful and complicit off the criminal hook.



Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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+74 # Vardoz 2011-10-30 16:35
As many as possible should call the Obama hotline and their reps and DEMAND and end of brutality to peaceful unarmed protesters. Lets clog the lines! 202-456-1111. We have got to speak out against this behavior and also tell reps in those states if they don't do something about htis they will be OUT! If a Republican gets is there will be much more blood of innocent people spilled. Of that you can be sure!
 
 
+30 # jon 2011-10-30 20:56
If it were not for a bunch of protestors putting their lives on the line 30 and 40 years ago, he would certainly NOT be the President of the USA, today.

He should be reminded of this fact that he demonstrates that he has forgotten, through his ignoring the police state tactics going on during HIS watch.

SHAME on you Mr. President.

Signed,

One of your most ardent supporters since day one.
 
 
+5 # NanFan 2011-10-31 09:10
I just call the White House, got through immediately, and was treated with full respect.

I, too, encourage you to pick up your phones and call immediately to ask Mr. Obama to do the right thing, to ask him to speak out in favor of peaceful protests and against police brutality that has NO place in a democratic America.

The World is watching, and "WE cannot wait" for him to do the right thing. It must be now.

To President Obama, I beg you to do what you promised: be WITH the people, FOR the people, and be fearless about using your executive power to stop the madness NOW.

Sincerely,

Another of your most ardent supporters since day one.

N.
 
 
0 # NanFan 2011-10-31 09:12
P.S. Go to my article in "Writing for Godot" on this site, titled "The Truth: Will We Know It If We're Shown It."

In this article, this is exactly what I am addressing.

Thank you for your support.

N.
 
 
+7 # Adoregon 2011-10-31 12:35
The police are the low paid Praetorian guard for the elite. Think of them as well trained dobermans able to walk on their hind legs. They are tools.

The "cheating" by planting evidence and using infiltrators/ag ent provocateurs is SOP for U.S. government agencies.
Ask Native Americans.
Ask Iraqis.
Ask Afghans.

Do you actually think all IEDs are planted by Al Qaeda and Islamic extremists?

Realize we are confronting a collection of amoral sociopaths who will do anything to beat back genuine democracy.

Never forget the Kent State murders on 4 May 1970.
 
 
+29 # MidwestTom 2011-10-30 16:46
If Obama was an actual leader he would be attacking the bankers and the games they play rather than attacking the people trying to highlight the problem by protesting. Instead he has created the internal Army he promised when campaigning for the Presidency; people just did not realize that the Homeland Army he wanted was to control the citizens who opposed him and his Wall Street supporters. I am afraid that OWS has to get MUCH bigger be fore anything is done.
 
 
+20 # jon 2011-10-30 20:23
"Instead he has created the internal Army"

And the legal basis for this was the Patriot Act, which, you might recall, was brought to us George and Dick.
 
 
+7 # LML 2011-10-31 02:59
Quoting jon:
"Instead he has created the internal Army"

And the legal basis for this was the Patriot Act, which, you might recall, was brought to us George and Dick.


And? Your are saying that he had to keep it?
 
 
0 # KittatinyHawk 2011-10-31 08:33
I was wondering for the past years where these terrorists are. 800,000 are without power in NJ alone right now...what an opportune time again. funny how these terrorists are goo Media bs..but still have not seen them in how many of the disasters in USDA no less worldwide. Terrorists have some Morals to only kill when everything in safe. Civilized Terrorists and Murdering USA Politicians...t urn about, eh!
 
 
+44 # Barbara K 2011-10-30 16:53
It is truly an outrage that the police officers sworn to protect us would attack us. This has to end. We thought of police officers as our heroes. Not so much any more. To have injured a young Marine who served 2 tours in Iraq had a right to be safe on the American streets. Those doing their Constitutional right, have the right to be safe. Protect these marchers, they stand for the 99% of us, they are us.

NEVER VOTE REPUBLICAN
 
 
+10 # Glen 2011-10-31 06:03
One more time with feeling, Barbara: This is all happening under a democratic president and there are democrats in congress. There are democrats in local governments where these demonstrations are occurring.

It's all of them, Barbara.
 
 
+6 # Barbara K 2011-10-31 10:33
LoL, with feeling? I watch the Senate daily and see who is voting for us and who is voting against us. The Republican/teab aggers have vote NO on every single Bill that they couldn't just outright stop since Obama took office. I'm glad to see him going around Congress to at least get some things done. If it were not for the Rs, we would already be on the mend in this country. They have over 300 Bills blocked in the Senate. These Bills would have had us in a much better place by now, but they don't want it that way. They want to make this country and the economy as bad as they can make it and they don't give a crap what is happening to the citizens. They even refer to us as the "lesser ones" in their speeches. To them we are nothing unless we are millionaires. They are beholding to the devils who bought their seats.
( is that feeling enough? ) I can go on. I've been watching for a long time.
 
 
+1 # Glen 2011-10-31 13:29
This thread is speaking specifically about the demonstrations. Where are the democrats in protesting the behavior of the police? Where is either party?

As for congress, take a look back to the George W. administration. Review just how much the democrats handed to them. Most of what you see is entertainment, regardless. The show is directed by that 1% we're all protesting.
 
 
+1 # Barbara K 2011-10-31 17:13
Exactly, and why are they demonstrating? Read my post again, it has to do with why they are in the streets in re: to our Congress, it is just one reason, I know, but there it is in detail.
 
 
+1 # Glen 2011-11-01 11:51
My point is that how folks vote is not necessarily going to make any difference. The protests have nothing to do with congress per se, but those who run this country (and are running it into the ground) on Wall Street and related industry. These folks own congress, democrat and republican. As I said, democrats have willingly handed republicans most of what they have wanted.

What you see is not necessarily the reality.
 
 
+6 # rjbinky 2011-10-30 17:14
That's a Pieta' for our time, isn't it? It's a sobering article and a sad photo, and Vardoz's comments are quite relevant, but somewhere in that we all have to say "Forgive them, because they don't know what they're doing."
 
 
+28 # in deo veritas 2011-10-30 18:51
forgive-hell! That is up to God. What we have to do is remember! When we forgive we tend to forget and they do it to us again!
 
 
+25 # RagingLiberal 2011-10-30 22:03
No, RJ, these are Police. They DO know what they do. They are in our streets 24/7, more than most of us, they have seen the poverty, the suffering, the homelessness caused by our Corporatocracy, yet they CHOOSE to follow orders, even though they are attacking their own communities, their own neighbors and friends. They are sending them to ER's across the country, bleeding and broken, and rounding up stragglers to take to Jail. They KNOW what they do, and they do it anyway.
 
 
+6 # cdcl44@yahoo.com 2011-10-31 06:31
The time may come when police officers who have family and friends in the Occupancy will switch sides.
 
 
+5 # NanFan 2011-10-31 09:16
Quoting cdcl44@yahoo.com:
The time may come when police officers who have family and friends in the Occupancy will switch sides.


We can only hope that this will be the case, as no amount of "shame on you" seems to be doing the job.

N.
 
 
+12 # Timaloha 2011-10-30 18:01
Of course I detest and decry all forms of police abuse and brutality, but this quote is untrue: "Given that police originated in this country as the patterollers - hunters of escaped slaves - the role of police brutality as a form of social control becomes clear." For example, the Boston Police Department traces its origins to 1635, a time when the South's "peculiar institution" had yet to develop and escaped slaves were a non-issue.
 
 
+11 # in deo veritas 2011-10-30 18:54
Though they didn't originate that way that is what they were expected to be in any state after the new Fugitive Slave Law was passed in 1850. Some went along with it and many law officers in the North were not willing to enforce it. Of course even the courts went along with it when they learned fees were higher when the runaways were returned. Some have always had a price.
 
 
+7 # readerz 2011-10-30 20:49
Remember the documentary about the DeWolf family? Slavery in Bristol, R.I., was condoned by Thomas Jefferson; they did their research well, even though it was about their own family and it made them sick. There was slavery in the north, yes indeed, as the DeWolfs found out: it was the slaves that built all those quaint stone walls throughout New England. Slaves were never a "non-issue" in New England.
 
 
+1 # KittatinyHawk 2011-10-31 08:47
Point is what? There are slaves today...
Everyone knows there were slave in North than as the land expanded, slaves went with..south, NorthWest and Southwest.
And many were treated well, many were treated horrendously.
Thomas Jefferson and our Forefathers never said they had no Slaves or House Persons. It is in their memoirs. Many were trusted friends. It was with the growth did Power come and the Slaves treated poorly even killed.
Police didnot cause Slavery Merchants did. Bounty hunters were hired, local thugs to go bring back runaways. I do not remember North being quite so adamant as the South, or as cruel. But Slavery was wrong, and we can thank those Christians who believed those that were not of our color were Heathens and therefore, should be treated as such. Again not a Police Agenda. Police role had already started in Europe, most were to quell uprisings but upsurps, protect the well to do/Political some branched into security, money protection etc. We had the jolly constables most were Volunteer or Appointed in Colonies with Volunteers who later started Fire Brigades, Citizen Brigades etc. Crime was not so large, everyone knew each other. those who did something wrong was treated more with Puritan Cruelty and Mockery than enforcement as we know it.
 
 
-1 # Kootenay Coyote 2011-10-31 09:37
Timaloa, you think there were no slaves in 1635? Wrong.
 
 
+19 # rsnfan 2011-10-30 18:32
Maybe we need to vote to decrease police pay.
If they are part of the 1% they don't need any money.
 
 
+28 # dorianb@fuse.net 2011-10-30 18:56
Police brutaliy is never appropriate and not acceptable. The occupiers have a right to protest. Why doesn't President Obama or the state Governor put a stop to this violence now?
 
 
+15 # Abigail 2011-10-30 19:26
President Obama will never put a stop to the violence of the Police Departments. That would mean taking a stand, and President Obama never takes a stand. He just compromises his position away.
 
 
+16 # soularddave 2011-10-30 20:39
Agents provocateur are dangerous to any protest movement. They're essentially a false flag operation, and a media event. As the movement progresses, the stakes to the 1% go up, and the counteroffensiv e by the police will escalate.

Eventually they will resort to hurting one of their own, in order to change the game. Don't let this happen without photo or video evidence. Be quick to protect the evidence, and be ready to offer copies to the media, the courts, and to lawyers for the defense of those of us who will be arrested.
 
 
+4 # KittatinyHawk 2011-10-31 08:53
Trash from opposition always shows up and tries to undermine everything...th is is Historical Fact. That is why I warned months ago to watch the Wolves in Sheep Clothing. You say Peaceful and a band of thugs decide to take down the barricades..not good , undermines your whose plan. That is their intention some are cops who plant themselves, other Citizen Untied, TPEERS, GOP thugs.
Even Oakland I get different stories from my friends. supposedly Peaceful than a gorup start shoving the cops, that is not Peaceful.
I think reviews of all Brutality must be looked into, and then start seeing if the same faces in Oakland than went to Denver up to NY because they will, they are on someone's dime setting up to instigate and get publicity.
Take them out...put them in public shackles for what they are. But stay Peaceful, stay warm
 
 
+5 # Barbara K 2011-10-31 10:15
We were warned and I passed it along, a few months ago that the Koch Bastards were hiring teabaggers to go to these marches (started with the ones in Wisconsin) and to stir up trouble. That is most likely happening now too. We need to watch for them and kick them out immediately. Too bad we can't get rid of the Koch Bastards too, they may be quite comfortable at Guitmo, a a similar place.

NEVER VOTE REPUBLICAN !!
 
 
+11 # readerz 2011-10-30 20:46
Privately paid security guards, many of whom are off-duty cops, are never really off-duty. In some states, if something happens on private business property, but outside of a building, it is considered part of a private "driveway" or "parking lot," and not part of police jurisdiction, including: pedestrians at businesses being run-over by vehicles, or handicapped spaces far away from access doors. And these security forces are in place, on the payroll of business already, loyal to their paychecks. That is why the police aren't "getting it" that they, too, are part of the 99 percent. Non-violent protesters cannot buy such security forces; we would not be allowed to. Which leads me to wonder: why are these businesses allowed to hire security guards with police badges and guns?
 
 
+4 # KittatinyHawk 2011-10-31 08:55
Cops have regs about hours on job or doing part time work on same job. This is for mental health, fatigue etc. Perhaps a good look, pictures and get names have this reviewed. Many of these types have problems already. Racial, Spouse abuse, sprawlers, drunk driving. Profile them.
 
 
+5 # lamancha 2011-10-31 01:49
Perhaps this is a pure flight of fantasy, but Pres. Obama needs to denounce police brutality in the national media and warn all police depts's in the U.S. that they risk harsh retribution and possible inervention by the Marines, National Guard or Army Corp. unless they remove their riot gear and stay far away from peaceful demonstrators exercising their 1st amendment rights. He must also warn all jurisdictons that engage in unlawful maiming and intimidation of the occupier movement that they face severe reprisals including dismissals & hefty fines up & down the lines of command. The nations police have evidently gone beserk, a police state imbroglio is all too evident and apparently, only our supreme commander can put a stop to it, since our cities mayors and police commissioners have failed to enforce 1st amendment rights, to condemn, enjoin, curtail & intervene with the rank & file
 
 
+5 # KittatinyHawk 2011-10-31 08:59
Yes he does since he seems to want us to think he has gotten rid of dictators/Kille rs in other Countries but here he is allowing us to be brutalized.
Nations we are no better than you, we are being watched daily, listened to, our accounts, lives are all being accounted for by Big Brother. We have Dictators in charge here and they want your Country, your riches, your Land....Do not believe OBama and the USA. We are not to be trusted. Nazis are alive and well here.
YOu see us destroying our water, our air, land. You see us killing our Animals. You see us poisoning towns. You see us selling our jobs overseas. We are Prisoners just like you. Democracy is a Dream. Nazis, Fascists are the Voice in our System not Democratic Ideals. We Kill anything, anyone for whatever reason the Man Tells us to. You are next, first your Leaders than You
 
 
+3 # Lute 2011-10-31 05:40
Don't expect action from a feckless Obama. He is owned by Wall Street and other vested interests. As Cornel West out of Princeton said: "He is a black mascot for Wall St." That -- coming from a black man -- is about as close as can be to "Obama is a House Negro for Wall St." Thus it is up to we the people to take back our rights. We will get no help -- none at all -- from the powers that be, including the feckless Obama.
But remember: We the People voted in all these cretinous, traitorous politicians, including feckless Obama, who is a slave working for Wall St.
 
 
+1 # KittatinyHawk 2011-10-31 09:01
I feel sorry for his children. Another confused generation whose role model says one thing and does the opposite while Mommy sits there and okays GE/Monsanto Chemicals on food.
 
 
+3 # fredboy 2011-10-31 07:00
Key lessons:
Most important, Scott Olsen is a man of courage and remarkable character. He and the other true OWS patriots remind us that such qualities still exist among us.
Second, yes, each OWS group will be infiltrated by "plants"--under cover cops, people trying to distort the message, and saboteurs. Stay true, know your colleagues, and identify the others.
Third, rubber bullets, tear gas, and batons are NOT "NON-LETHAL" as reported. All have been and can be lethal. In fact, many police and military are taught lethal applications. Believe me, if you teach safeguards to prevent death, many see this as direct lethal instruction.
Stay safe. Stay true. And begin framing your message.
 
 
+3 # Okieangels 2011-10-31 08:48
We have to remember it's not like this everywhere. Oklahoma City has a very small protest movement, but the police have been very polite. (And this, in a "red state.") The Albany police refused to make arrests.
 
 
+4 # Ellisdtripp 2011-10-31 09:08
To answer those who are asking why nothing is being done about this by the president, the answer is "because we are a police state and the President does not occupy the seat of power." I witnessed the anti-war demonstrations of the 60s/70s. One should always expect the police to crack skulls. To go to a demonstration without a helmet and a gas mask is naive. The state - which these days it a corporate oligarchy - can legally use violence against the people and does. There is no interest in anyone's first amendment rights on the part of our alleged government and elected officials. Wear protective gear. If they start beating you, fall to the ground and curl up in a ball to protect your torso wrapping your arms wrapped around your head. If you can position your back against something so they can't kick you in the kidneys, so much the better. Under no circumstances should we be violent toward the police. This would damage the legitimacy of what we are striving for. Document events with phone cams and put this before the entire world. Civil disobedience while wearing protective headgear is the best strategy.We cannot let these soulless blackhearted SOBs de-legitimize us because of violence on our part. Think Ghandi. Without violence on our part this can be a powerful movement.
 
 
+5 # KittatinyHawk 2011-10-31 09:09
Watch Out World the Powers to be in this Country are Playing Risk and they are coming after You.
They pretend to help you but they are giving you poisoned candy. Stop taking anything from American Business and their Partners. Your Land is goin to be their Land....
They kill you and your children, they kill us and our children with no food, no clean water, no housing, no jobs, no health care. They Poison our air, Our Water, Our Food, Our Bodies with disease.
they take our homes, our land, our rights.
They go in pretending to protect you, to help you, they pretend to give you money for rebuilding but they are buying you out.
One Day you will no longer be Iraq, Iran, Libya ... you will Be MonsantoLand, KochLand, GELand. Beware the Powers of the USA are playing with their Puppet Politicians to wipe you out just like your leaders. You will either work for them or die of some new disease, or dumping their chemicals, bad food seeds. Welcome to Democracy the New Wave
 
 
+3 # Barbara K 2011-10-31 10:26
You are so correct Kitantiny, we fight daily to protect our Earth and all her inhabitants, then the greedy bloodsuckers come along and destroy what we've spent decades protecting. The Republicans, (yes, I watch the Senate) have voted NO on every Bill they couldn't just outright block since Obama took office. That is no way to treat the American people, but they don't care. They just want to destroy Obama and they don't care how many of us they take down doing it. They would be perfectly happy to have us begging and dying in the streets. I have 2 great Senators in Michigan, but I really empathize with the states who have the rotten ones. Controlling the police is a local thing and that is where we need to focus. We've been recalling the teabagging Governor and 38 legislators in my county alone, other counties are doing recalls too. We are getting a royal screwing here in Michigan. Lansing is welcoming OWS, even put out Porta-Johns for them. I hope some more come to Lansing.
 

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