Category Archives: News

Introducing Amazon Brand Detector

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A browser extension that reveals Amazon brand and exclusive products while you shop on the site

Amazon has registered more than 150 private-label brands with the U.S. Patent and Trademark Office and carries hundreds of thousands of items from these house brands on its site.

A recent investigation by The Markup found that the online shopping behemoth often gives its own brands and exclusive products a leg up in search results over better-rated competitors. We also found Amazon is inconsistent in disclosing to shoppers that those products are Amazon-brand products or exclusives.

Few respondents in a 1,000-person national survey we commissioned recognized the best-selling Amazon brands as owned by the company, apart from Amazon Basics.

So we decided to add some transparency for Amazon shoppers. The Markup created a browser extension that identifies these products and makes their affiliation to Amazon clear.

Brand Detector highlights product listings of Amazon brands and exclusive products by placing a box around them in Amazon’s signature orange. This happens live while shoppers browse the website. 

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The selective staining is inspired by a lab technique in biology called an assay, which we also applied to web pages in a past investigation about Google. That investigation revealed that the tech giant’s search engine gave Google properties 41 percent of real estate on the first page of popular searches.

How Does It Work?

The browser extension uses various techniques developed and refined during our year-long investigation to identify Amazon brands and exclusive products (read more in our methodology).This includes checking a list of proprietary products we created and cross-referencing Amazon’s “our brands” filter. The extension is available for Chrome (and other chromium-based browsers) and Firefox browsers.

The extension sits in the background until the user visits Amazon’s portal in the United States (amazon.com), Australia (amazon.com.au), Canada (amazon.ca), Germany (amazon.de), India (amazon.in), Italy (amazon.it), Japan (amazon.co.jp), Mexico (amazon.com.mx), Spain (amazon.es), or the United Kingdom (amazon.co.uk) and searches for something. At that point, Brand Detector identifies Amazon brands and exclusives and highlights them on the search results page. (It does not extend the product page.) 

Because the “our brands” filter is not comprehensive, the extension also cross-references products against a list of proprietary electronics we found from Amazon’s best sellers section (which Amazon doesn’t include in the “our brands” filter) and performs partial text matching for phrases like “Amazon brand” and “Featured from our brands” and full text-matching for “AmazonBasics” and a few other brand names that didn’t tend to return false positives in our tests.

Even with these techniques, the extension may still miss some Amazon brand or exclusive products from time to time.

Amazon Brand Detector does not collect any data, in keeping with The Markup’s privacy policy. We won’t know how you used it, if at all, what you searched for or what you end up buying. 

The extension only works on desktop browsers, not mobile apps.

Cross-Extension Compatibility

The extension can work in conjunction with other extensions, such as Fakespot, which affixes a letter grade to any Amazon product based on the authenticity of reviews for that product. Users can use these extensions together to find Amazon brands and exclusive products and their Fakespot grades.

The extension also works with full-page screenshot extensions, like “Awesome Screenshot & Screen Recorder.” You can use these to capture an entire search page stained by the extension.

The Markup is not affiliated with these extensions, nor do we endorse them.

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Enhance your Amazon shopping by knowing which products are from Amazon’s own brands and exclusives.

This article was originally published on The Markup By: Leon Yin and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.


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Cryptocurrency-funded groups called DAOs are becoming charities – here are some issues to watch

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Cryptocurrency is becoming a more familiar way to pay for things.

One option is as part of a crowd, through a decentralized autonomous organization. In this relatively new kind of group, also called a DAO, decisions and choices are governed by holders of one kind of cryptocurrency token, such as ethereum or bitcoin. DAOs also use “smart contracts” that make decisions through online votes by all participants who wish to weigh in and other forms of automation.

DAOs are essentially clubs that harness both crowdfunding and cryptocurrency to operate in arenas from art to sports. They are also cropping up in philanthropy.

One good example is the Big Green DAO. Launched in late 2021, it’s tied to a decade-old food justice charity that had revenue in excess of US$9 million in 2019.

Big Green’s founder is Kimbal Musk, who is Elon Musk’s brother and a member of Tesla’s board. The DAO version of his nonprofit promises to “disrupt philanthropic hierarchies” by reducing overhead spending and shaving other expenses.

New terrain

Based on my research regarding crypto-assets, I believe that there are several considerations that donors and charities should keep in mind as these arrangements emerge.

First, DAOs have little if any formal infrastructure. Some states simply require one individual to be designated as the agent of record. Wyoming passed a law in 2021 – the first of its kind in the United States – that legally recognizes DAOs as legal entities. It still requires the DAO to be organized as a Wyoming-based limited liability company, with an individual identified as the registered agent.

In theory, at least, when combined with the quick nature of how DAO decisions are made, this means that nonprofits can achieve more and respond more quickly to changing circumstances, while spending less on administrative staff and other kinds of overhead.

Until now, most cryptocurrency donations to charities simply provided capital to eligible organizations that operate like any other standard nonprofit.

For tax purposes, donating cryptocurrency is like giving away stocks, bonds or other property, rather than donating money. This means, typically, that cryptocurrency donations actually provide donors with a larger tax benefit versus cash donations. If a donor were to instead liquidate their cryptocurrency prior to making a gift, they would first have to pay capital gains taxes, and they would have less money to give away.

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However, it’s unclear whether funds can legally flow to, through and out of a charitable decentralized autonomous organization.

Nonprofits are subject to regulatory enforcement and need to be chartered in a particular state. So far, it’s unclear how regulators, such as the Internal Revenue Service or state charity offices, will be able to monitor or audit these groups.

It’s also unclear whether the very nature of DAOs is compatible with charitable donations.

In most, if not all, instances of for-profit DAOs – or even DAOs organized for a specific one-time purpose, such as attempting to purchase an original copy of the U.S. Constitution – cash or appreciated property that is contributed to the organization is exchanged for governance tokens. The tokens essentially represent a fractional form of collective ownership.

This could be problematic. When donors make charitable contributions, they relinquish the money or asset they just gave to the charity. A basic condition for having a donation be eligible for favorable tax treatment by the authorities is that the donor gets nothing of value in return.

The authorities may eventually determine that the distribution of virtual tokens to donors, even if those tokens aren’t used for anything outside the scope of the nonprofit, violates this precondition.

Wild rides

The clearest risk with those gifts is probably their volatility.

Overall, the cryptocurrency’s total market value sank to $1.6 trillion on Feb. 3, 2022, down from $2.85 trillion three months earlier.

Charities either need to convert these donations into U.S. dollars right away, as they do with donated stocks, or gamble regarding their future value.

Despite all the operational, financial and legal obstacles nonprofit DAOs face, I’m excited about the opportunities with these crowd-managed charities funded by cryptocurrency donations because of their potential for a high degree of transparency paired with low overhead.

Sean Stein Smith, Assistant Professor of Economics and Business, Lehman College, CUNY

Originally published from The Conversation by Sean Stein Smith and republished under a Creative Commons license. Read the original article.


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Why are people calling Bitcoin a religion?

Read enough about Bitcoin, and you’ll inevitably come across people who refer to the cryptocurrency as a religion

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Bloomberg’s Lorcan Roche Kelly called Bitcoin “the first true religion of the 21st century.” Bitcoin promoter Hass McCook has taken to calling himself “The Friar” and wrote a series of Medium pieces comparing Bitcoin to a religion. There is a Church of Bitcoin, founded in 2017, that explicitly calls legendary Bitcoin creator Satoshi Nakamoto its “prophet.”

In Austin, Texas, there are billboards with slogans like “Crypto Is Real” that weirdly mirror the ubiquitous billboards about Jesus found on Texas highways. Like many religions, Bitcoin even has dietary restrictions associated with it.

Religion’s dirty secret

So does Bitcoin’s having prophets, evangelists and dietary laws make it a religion or not?

As a scholar of religion, I think this is the wrong question to ask.

The dirty secret of religious studies is that there is no universal definition of what religion is. Traditions such as Christianity, Islam and Buddhism certainly exist and have similarities, but the idea that these are all examples of religion is relatively new.

The word “religion” as it’s used today – a vague category that includes certain cultural ideas and practices related to God, the afterlife or morality – arose in Europe around the 16th century. Before this, many Europeans understood that there were only three types of people in the world: Christians, Jews and heathens.

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This model shifted after the Protestant Reformation when a long series of wars began between Catholics and Protestants. These became known as “wars of religion,” and religion became a way of talking about differences between Christians. At the same time, Europeans were encountering other cultures through exploration and colonialism. Some of the traditions they encountered shared certain similarities to Christianity and were also deemed religions.

Non-European languages have historically not had a direct equivalent to the word “religion.” What has counted as religion has changed over the centuries, and there are always political interests at stake in determining whether or not something is a religion.

As religion scholar Russell McCutcheon argues, “The interesting thing to study, then, is not what religion is or is not, but ‘the making of it’ process itself – whether that manufacturing activity takes place in a courtroom or is a claim made by a group about their own behaviors and institutions.”

Critics highlight irrationality

With this in mind, why would anyone claim that Bitcoin is a religion?

Some commentators seem to be making this claim to steer investors away from Bitcoin. Emerging market fund manager Mark Mobius, in an attempt to tamp down enthusiasm about cryptocurrency, said that “crypto is a religion, not an investment.”

His statement, however, is an example of a false dichotomy fallacy, or the assumption that if something is one thing, it cannot be another. There is no reason that a religion cannot also be an investment, a political system or nearly anything else.

Mobius’ point, though, is that “religion,” like cryptocurrency, is irrational. This criticism of religion has been around since the Enlightenment, when Voltaire wrote, “Nothing can be more contrary to religion and the clergy than reason and common sense.”

In this case, labeling Bitcoin a “religion” suggests that bitcoin investors are fanatics and not making rational choices.

Bitcoin as good and wholesome

On the other hand, some Bitcoin proponents have leaned into the religion label. McCook’s articles use the language of religion to highlight certain aspects of Bitcoin culture and to normalize them.

For example, “stacking sats” – the practice of regularly buying small fractions of bitcoins – sounds weird. But McCook refers to this practice as a religious ritual, and more specifically as “tithing.” Many churches practice tithing, in which members make regular donations to support their church. So this comparison makes sat stacking seem more familiar.

While for some people religion may be associated with the irrational, it is also associated with what religion scholar Doug Cowan calls “the good, moral and decent fallacy.” That is, some people often assume if something is really a religion, it must represent something good. People who “stack sats” might sound weird. But people who “tithe” could sound principled and wholesome.

Using religion as a framework

For religion scholars, categorizing something as a religion can pave the way for new insights.

As religion scholar J.Z. Smith writes, “‘Religion’ is not a native term; it is created by scholars for their intellectual purposes and therefore is theirs to define.” For Smith, categorizing certain traditions or cultural institutions as religions creates a comparative framework that will hopefully result in some new understanding. With this in mind, comparing Bitcoin to a tradition like Christianity may cause people to notice things that they didn’t before.

For example, many religions were founded by charismatic leaders. Charismatic authority does not come from any government office or tradition but solely from the relationship between a leader and their followers. Charismatic leaders are seen by their followers as superhuman or at least extraordinary. Because this relationship is precarious, leaders often remain aloof to keep followers from seeing them as ordinary human beings.

Several commentators have noted that Bitcoin inventor Satoshi Nakamoto resembles a sort of prophet. Nakamoto’s true identity – or whether Nakamoto is actually a team of people – remains a mystery. But the intrigue surrounding this figure is a source of charisma with consequences for bitcoin’s economic value. Many who invest in bitcoin do so in part because they regard Nakamoto as a genius and an economic rebel. In Budapest, artists even erected a bronze statue as a tribute to Nakamoto.

There’s also a connection between Bitcoin and millennialism, or the belief in a coming collective salvation for a select group of people.

In Christianity, millennial expectations involve the return of Jesus and the final judgment of the living and the dead. Some Bitcoiners believe in an inevitable coming “hyperbitcoinization” in which bitcoin will be the only valid currency. When this happens, the “Bitcoin believers” who invested will be justified, while the “no coiners” who shunned cryptocurrency will lose everything.

A path to salvation

Finally, some Bitcoiners view bitcoin as not just a way to make money, but as the answer to all of humanity’s problems.

“Because the root cause of all of our problems is basically money printing and capital misallocation as a result of that,” McCook argues, “the only way the whales are going to be saved, or the trees are going to be saved, or the kids are going to be saved, is if we just stop the degeneracy.”

[Explore the intersection of faith, politics, arts and culture. Sign up for This Week in Religion.]

This attitude may be the most significant point of comparison with religious traditions. In his book “God Is Not One,” religion professor Stephen Prothero highlights the distinctiveness of world religions using a four-point model, in which each tradition identifies a unique problem with the human condition, posits a solution, offers specific practices to achieve the solution and puts forth exemplars to model that path.

This model can be applied to Bitcoin: The problem is fiat currency, the solution is Bitcoin, and the practices include encouraging others to invest, “stacking sats” and “hodling” – refusing to sell bitcoin to keep its value up. The exemplars include Satoshi and other figures involved in the creation of blockchain technology.

So does this comparison prove that Bitcoin is a religion?

Not necessarily, because theologians, sociologists and legal theorists have many different definitions of religion, all of which are more or less useful depending on what the definition is being used for.

However, this comparison may help people understand why Bitcoin has become so attractive to so many people, in ways that would not be possible if Bitcoin were approached as a purely economic phenomenon.

Joseph P. Laycock, Assistant Professor of Religious Studies, Texas State University

Originally published from The Conversation by Joseph P. Laycock and republished under a Creative Commons license. Read the original article.

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Beijing Olympics may get points for boosting China’s international reputation, but Games are definitely gold for Xi Jinping’s standing at home

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The 2022 Winter Games in Beijing provide many benefits for China, and really don’t have any downsides for the country.

For China’s leader, Xi Jinping, the most important result of the Games will likely be their impact on his domestic audience, as Chinese media coverage of the Games will be highly nationalistic and laudatory, aimed at impressing the Chinese people. To this home audience, the spectacle of the Games reinforces government propaganda about China’s success and progress toward achieving the “Chinese Dream of the great rejuvenation of the Chinese nation.”

But I don’t predict the 2022 Games will have the same effect, either domestically or internationally, that the Beijing 2008 Summer Olympics had, partially because the Winter Olympics are smaller and the weather is harsher, and partially because 2008 was the first time China hosted the Olympics.

In 2008, stunning opening ceremonies including 5,000 syncopated dancers telling a stylized story of 5,000 years of Chinese history astonished the international audience. The power of that first time cannot be repeated. https://www.youtube.com/embed/T9PmD3K1eJc?wmode=transparent&start=0 CCTV+, a China state video news agency, issued video of rehearsals for the 2022 Olympics opening ceremony on Jan. 25, 2021.

Nonetheless, China has spared no expense to prepare, with a report from Insider pegging the total cost “in excess of US$38.5 billion, 24 times the country’s initial budget of $1.6 billion.” As with everything China does, when it wants to occupy the center stage internationally, it will put on a big show.

The domestic payoff of the Olympics matters because China will face a trying year in 2022. Xi is seeking an unprecedented third term as general-secretary of the Communist Party. The nation’s economy is slowing. International opposition to China’s human rights abuses in Xinjiang and Hong Kong and to its aggressive foreign policy is growing. Xi is hoping that the “bread and circuses” diversionary aspect of the Games will help him overcome the stresses of this year and advance his political standing.

Domestic standing is crucial focus

Chinese leaders care about improving the nation’s international status, but they’re already working from a position of relative strength. China’s rise internationally, especially since 2008, is undeniable. Its status as the number two power in the world is almost universally acknowledged.

As a scholar of Chinese politics and foreign policy, I believe that Xi wants the Games to impress the world.

But that is less important to him than the domestic effect of the Games.

China is not traditionally strong in winter sports. But the country has invested heavily in preparing increasingly competitive teams for these Games. The success of Chinese athletes at the Games will enhance China’s reputation and thus Chinese citizens’ sense of pride. In turn, this will mute competition from Xi’s opposition within the Chinese Communist Party.

FreeSki world champion Eileen Gu chose to compete for China – her mother is Chinese – and not the U.S., where she was born and is a citizen. Her choice may yield golds in areas where China is not a strong competitor.

Her decision also reverberates with Xi’s call on all ethnic Chinese worldwide to aid China’s development. Chinese domestic propaganda will highlight how she chose China over the U.S., and implicitly urge others to do the same.

Burying dissent

In the run-up to the August 2008 Summer Games, China faced widespread human rights criticism for its support for the Sudanese government’s crimes against humanity in Darfur and its suppression of massive protests by Tibetans.

The breathtaking opening ceremonies and the successful Games muted the criticisms. When the global financial crisis erupted the next month, the Games were taken by the Chinese people as a symbol of China’s ascendence, and the financial crisis as a sign of the United States’ decline.

Similarly, in the run-up to 2022, China’s human rights practices are under heavy fire, especially for its mass incarcerations in Xinjiang and suppression of basic rights in Hong Kong.

The Winter Games may not have the symbolic power of the 2008 Olympics. But human rights will likely not receive much attention despite full-page advertisements in The New York Times condemning China’s human rights record and urging U.S. companies to not buy ads on NBC, the television network carrying the Olympics in the U.S.

Among the elements which help Xi achieve the propaganda and political goals he wants: the threat from COVID-19.


No spectators from the general public will attend the events. Athletes, officials and journalists will be kept in a small geographic bubble to ensure that they will not bring COVID-19 to China nor spread it once there. Journalists will neither have the ability to interview ordinary Chinese people, nor any chance to investigate any non-Olympics-related news stories.

There may be individual acts of protest by some non-Chinese athletes against Chinese human rights practices. But those protests will not be shown on Chinese television, and the protesters will likely be forced to leave China. The Washington Post reported that in late January, Yang Shu, a member of China’s Olympic Organizing Committee, said in a press conference that “Any expression that is in line with the Olympic spirit I’m sure will be protected … Any behavior or speech that is against the Olympic spirit, especially against the Chinese laws and regulations, are also subject to certain punishment.”

With no spectators and a highly controlled environment for the athletes and foreign observers, there is little chance for significant demonstrations to break out.

What’s the payoff?

China spent billions to construct the sites for the events and it will use untold millions of gallons of water to manufacture artificial snow for the skiing competitions. Winter is the dry season in Beijing, and snowfall is rare despite the very cold temperatures.

The costs may produce some grumbling by environmentally and fiscally concerned Chinese which will quickly be suppressed. And if the Chinese team performs well, these complaints may be seen as unpatriotic.

For Xi Jinping and the rest of Chinese leadership, the gains of the Olympics are immediate, and the costs are diffuse and longer-term. In the end they will – through propaganda and the suppression of dissent – tell a story of triumph to their domestic audience, which makes holding the Olympic Games useful for their political purposes.

David Bachman, Henry M. Jackson Professor of International Studies, University of Washington

This article is republished from The Conversation under a Creative Commons license. Read the original article.


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Why a warming climate can bring bigger snowstorms

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The blizzard that buried Boston under nearly 2 feet of snow in January 2022 was historic, but not a surprise. Over a century of reliable weather records show many of the Northeast’s heaviest snowfalls have occurred since 1990 – including seven of the top 10 in both Boston and New York.

At the same time, winters in the Mid-Atlantic and Northeast have warmed by approximately 4 degrees Fahrenheit (2.2 C) since the late 1800s.

How can the spate of big snowstorms be reconciled with our warming climate? I’m an atmospheric scientist. Let’s look at an important law of physics and some theories that can help explain the changes.

Warmer air, more moisture

First, warmer air can hold more moisture than cold air.

Think of the atmosphere like a sponge. Air holds about 4% more water vapor for each additional degree Fahrenheit increase in temperature (that’s about 7% per degree Celsius). The physical law that explains this relationship is known as the Clausius-Clapyron relation.

This increased atmospheric moisture is helping to intensify the water cycle. The Northeast and Mid-Atlantic have become wetter – not just in winter, but in spring, summer and fall, too. In addition to more total precipitation over a season and year, the additional moisture also fuels extreme events, like more intense hurricanes and flooding rains. The Northeast has seen an increase of more than 50% in the heaviest precipitation events in recent decades, the largest increase of any region of the U.S.

In the early 1900s, winters across the Northeast typically averaged around 22 degrees Fahrenheit. Now, 26 degrees is the official new “normal” temperature, defined as the average over 1991-2020. A few recent winters have been over 30.

In the Northeast, then, we have an environment that has warmed yet is often still below freezing. Put another way, regions of the world that are cold enough for snow have warmed enough to now be visited by storms capable of holding and dropping more moisture. Rather than intense downpours like Louisiana has been seeing lately, the region gets heavy snow.

The warming ocean plays a role

The January blizzard was fueled by ocean waters in the western Atlantic that are warmer than normal. That’s also part of a consistent pattern.

The oceans have been absorbing more than 90% of the additional heat attributable to rising atmospheric greenhouse gases from human activities, particularly burning fossil fuels. The oceans now contain more heat energy than any time since measurements began six decades ago.

Scientists are studying whether global warming may be driving a slowing of the ocean conveyor belt of currents that transport water around the globe. Satellite imagery and ocean measurements show that warmer waters have “piled up” along the East Coast, a possible indication of a slowing of the Atlantic Meridional Overturning Circulation.

Moisture evaporated from ocean water provides much of the energy for both tropical and mid-latitude extra-tropical cyclones, known commonly as nor’easters.

The Arctic influences the snow pattern, too

While tropical storm systems are fueled primarily by warm water, nor’easters gain energy from sharp temperature gradients where cold and warm air masses meet. The frequency of cold air outbreaks is another aspect of climate change that may be contributing to recent increases in extreme snowfall events.

Recent research has suggested that a warming Arctic, including declines in Arctic sea ice and snow cover, is influencing behavior of the polar vortex, a band of strong westerly winds that forms in the stratosphere between about 10 and 30 miles above the Arctic every winter. The winds enclose a large pool of extremely cold air.

When the Arctic is relatively warm, the polar vortex tends to be weaker and more easily elongates or “stretches,” allowing extremely cold air to dip south. Episodes of polar-vortex stretching have markedly increased in the past few decades, leading, at times, to more severe winter weather in some places.

Scientists Are Very Worried About Antarctica’s Doomsday Glacier:

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What is the polar vortex? NASA explains.

Arctic amplification, the enhanced warming to our north, may, paradoxically, be helping to shuttle cold air to the Eastern Seaboard during polar vortex disruptions, where the cold air can interact with warmer, moisture-laden air from the warmer-than-normal western Atlantic Ocean. The most recent stretched polar vortex event helped to bring together key ingredients for the historic blizzard.

What’s ahead?

Global climate models project an increase in the most extreme snowfall events across large areas of the Northern Hemisphere with future warming. In some other parts of the world, like Western Europe, intensification of the hydrological cycle will mean more winter rain than snow as temperatures rise.

For the east coast of North America, as well as Northern Asia, winter temperatures are expected to still be cold enough for storms to bring heavy snow – at least through mid-century. Climate models suggest that extreme snowfalls will become rarer, but not necessarily less intense, in the second half of the century, as more storms produce rain.

The sharp increase in high-impact Northeast winter storms is an expected manifestation of a warming climate. It’s another risk the U.S. will have to prepare for as extreme events become more common with climate change.

Michael A. Rawlins, Associate Director, Climate System Research Center, UMass Amherst

This article is republished from The Conversation by Michael A. Rawlins, UMass Amherst under a Creative Commons license. Read the original article.


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Los Angeles’ long, troubled history with urban oil drilling is nearing an end after years of health concerns

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Los Angeles had oil wells pumping in its neighborhoods when Hollywood was in its infancy, and thousands of active wells still dot the city.

These wells can emit toxic chemicals such as benzene and other irritants into the air, often just feet from homes, schools and parks. But now, after nearly a decade of community organizing and studies demonstrating the adverse health impacts on people living nearby, Los Angeles’ long history with urban drilling is nearing an end.

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In a unanimous vote on Jan. 26, 2022, the Los Angeles City Council took the first step toward phasing out all oil and gas extraction in the city by declaring oil extraction a nonconforming land use. That came on the heels of a unanimous vote by Los Angeles County supervisors to phase out oil extraction in unincorporated county areas.

As environmental health researchers, we study the impacts of oil drilling on surrounding communities. Our research shows that people living near these urban oil operations suffer higher rates of asthma than average, as well as wheezing, eye irritation and sore throats. In some cases, the impact on residents’ lungs is worse than living beside a highway or being exposed to secondhand smoke every day.

LA was once an oil town with forests of derricks

Over a century ago, the first industry to boom in Los Angeles was oil.

Oil was abundant and flowed close to the surface. In early 20th-century California, sparse laws governed mineral extraction, and rights to oil accrued to those who could pull it out of the ground first. This ushered in a period of rampant drilling, with wells and associated machinery crisscrossing the landscape. By the mid-1920s, Los Angeles was one of the largest oil-exporting regions in the world.

A 1924 photo shows the oil derricks on Signal Hill. Water and Power Museum Archive
The view across The Pike amusement park and downtown Long Beach, California, in 1940 shows a forest of oil derricks in the background. Water and Power Museum Archive

Oil rigs were so pervasive across the region that the Los Angeles Times described them in 1930 as “trees in a forest.” Working-class communities were initially supportive of the industry because it promised jobs but later pushed back as their neighborhoods witnessed explosions and oil spills, along with longer-term damage to land, water and human health.

Tensions over land use, extraction rights and subsequent drops in oil prices due to overproduction eventually resulted in curbs on drilling and a long-standing practice of oil companies’ voluntary “self-regulation,” such as noise-reduction technologies. The industry began touting these voluntary approaches to deflect governmental regulation.

Increasingly, oil companies disguised their activities with approaches such as operating inside buildings, building tall walls and designing islands off Long Beach and other sites to blend in with the landscape. Oil drilling was hidden in plain sight.

Beverly Hills High School earned money from an oil well, hidden behind walls covered with flower drawings, that operated until 2017 but raised health concerns. Luis Sinco/Los Angeles Times via Getty Images

Today there are over 20,000 active, idle or abandoned wells spread across a county of 10 million people. About one-third of residents live less than a mile from an active well site, some right next door.

Since the 2000s, the advance of extractive technologies to access harder-to-reach deposits has led to a resurgence of oil extraction activities. As extraction in some neighborhoods has ramped up, people living in South Los Angeles and other neighborhoods in oil fields have noticed frequent odors, nosebleeds and headaches.

Closer to urban oil drilling, poorer lung function

The city of Los Angeles has no buffers or setbacks between oil extraction and homes, and approximately 75% of active oil or gas wells are located within 500 meters (1,640 feet) of “sensitive land uses,” such as homes, schools, child care facilities, parks or senior residential facilities.

Despite over a century of oil drilling in Los Angeles, until recently there was limited research into the health impacts. Working with community health workers and community-based organizations helped us gauge the impact oil wells are having on residents, particularly on its historically Black and Hispanic neighborhoods.

Oil drilling in Los Angeles.

The first step was a door-to-door survey of 813 neighbors from 203 households near wells in Las Cienegas oil field, just south and west of downtown. We found that asthma was significantly more common among people living near South Los Angeles oil wells than among residents of Los Angeles County as a whole. Nearly half the people we spoke with, 45%, didn’t know oil wells were operating nearby, and 63% didn’t know how to contact local regulatory authorities to report odors or environmental hazards.

Next, we measured lung function of 747 long-term residents, ages 10 to 85, living near two drilling sites. Poor lung capacity, measured as the amount of air a person can exhale after taking a deep breath, and lung strength, how strongly the person can exhale, and are both predictors of health problems including respiratory disease, death from cardiovascular problems and early death in general.

We found that the closer someone lived to an active or recently idle well site, the poorer that person’s lung function, even after adjusting for such other risk factors as smoking, asthma and living near a freeway. This research demonstrates a significant relationship between living near oil wells and worsened lung health.

People living up to 1,000 meters (0.6 miles) downwind of a well site showed lower lung function on average than those living farther away and upwind. The effect on their lungs’ capacity and strength was similar to impacts of living near a freeway or, for women, being exposed to secondhand smoke.

Using a community monitoring network in South Los Angeles, we were able to distinguish oil-related pollution in neighborhoods near wells. We found short-term spikes of air pollutants and methane, a potent greenhouse gas, at monitors less than 500 meters, about one-third of a mile, from oil sites.

When oil production at a site stopped, we observed significant reductions in such toxins as benzene, toluene and n-hexane in the air in adjacent neighborhoods. These chemicals are known irritants, carcinogens and reproductive toxins. They are also associated with dizziness, headaches, fatigue, tremors and respiratory system irritation, including difficulty breathing and, at higher levels, impaired lung function.

Vulnerable communities at risk

Many of the dozens of active oil wells in South Los Angeles are in historically Black and Hispanic communities that have been marginalized for decades. These neighborhoods are already considered among the most highly polluted, with the most vulnerable residents in the state.

A state app called Well Finder locates active oil wells, including in Los Angeles County. State of California

In its landmark vote in January, the City Council moved to draft an ordinance that would ban all new oil wells, and it ordered a study to determine how to phase out and decommission existing wells over the next five years.

The state, meanwhile, has proposed a 3,200-foot setback rule for new wells, but this has not yet gone into effect and does little to address health concerns for residents who live near existing wells. Gov. Gavin Newsom has also proposed to phase out oil extraction, but the proposal would allow oil wells to continue operating until 2045.

Our research shows why a variety of policies, including buffers, phaseouts and emissions controls in existing wells will need to be considered to protect public health and accelerate the transition to cleaner energy sources.

This updates an article originally published June 2, 2021.

Jill Johnston, Assistant Professor of Preventive Medicine, University of Southern California and Bhavna Shamasunder, Associate Professor of Urban and Environmental Policy, Occidental College

This article is republished from The Conversation by Jill Johnston, University of Southern California and Bhavna Shamasunder, Occidental College under a Creative Commons license. Read the original article.


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Tax-Dodging Billionaire Dynasties Could Cost US $8.4 Trillion: Report

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The wealth-hoarding by ultrarich families would be equivalent to over four Build Back Better plans

Over the next few decades, the richest American families could avoid paying about $8.4 trillion in taxes, or more than four times the cost of the stalled Build Back Better package, according to a report released Wednesday.

“We can fix our broken estate and gift tax system… or we can trust our democracy to a handful of trillionaire trust fund babies.”

Elon Musk Deciphered

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The Americans for Tax Fairness report—entitled Dynasty Trusts: Giant Tax Loopholes that Supercharge Wealth Accumulation—urges Congress to fix the federal tax code to address dynastic wealth.

The new analysis details how loopholes have made the payment of estate, gift, and generation-skipping taxes—collectively called wealth-transfer taxes—effectively optional for the “ultrawealthy” and thereby accelerate the “accumulation of dynastic wealth.”

“Ultrarich families use dynasty trusts—the term for a variety of wealth-accumulating structures that remain in place for multiple generations—to ensure their fortunes cascade down to children, grandchildren, and beyond undiminished by wealth-transfer taxes,” the report explains.

Some U.S. states, such as South Dakota, have even changed their laws on dynasty trusts to attract wealthy residents, as Chuck Collins of the Institute for Policy highlighted last year.

The new report notes that U.S. lawmakers aren’t planning to address the issue, even if the Senate passes a version of a House-approved package:

The Build Back Better (BBB) legislation now before Congress—otherwise a vehicle for significant progressive tax reform—does nothing to directly reverse this toxic accumulation of dynastic wealth. Moreover, some dynasty trust reforms that were included in the bill passed by the House Ways and Means Committee in September 2021 were stripped out before the House voted on the measure in November.

The BBB bill needs full support from Senate Democrats to pass. Sen. Joe Manchin (D-W.Va.)—one of the primary reasons the legislation hasn’t reached President Joe Biden’s desk—said Tuesday that it is “dead.”

However, Americans for Tax Fairness still uses the whittled-down BBB package to illustrate just how much money wealthy Americans can hoard for their families in the years ahead thanks to the U.S. tax system.

“The tax savings for the richest families could be about $8.4 trillion over the next 24 years or so if the current 40% estate tax rate remains in place,” the report states. “That’s the equivalent of more than four Build Back Better plans costing $1.75 trillion each over 10 years.”

The report adds that “about half of the $8.4 trillion is equivalent to the cost of the expanded child tax credit, which was included in the House-passed BBB bill and is estimated to reduce childhood poverty by 40%, for 24 years at $160 billion a year.”

“This hoarding of wealth is inexcusable,” declared the report’s principal author, Bob Lord, who practiced estate law for 30 years before joining Americans for Tax Fairness as tax counsel.

“The BBB legislation now before the U.S. Senate should be amended to close loopholes in the three components of America’s wealth transfer tax system: the estate, gift, and generation-skipping tax,” he asserted. “Effective reforms have already been developed—all that’s needed is for Congress to recognize the urgency to act now.”

The group’s new analysis and call for action come after Americans for Tax Fairness estimated last month that the 10 wealthiest billionaires in the United States have become approximately $1 billion richer collectively every day of the Covid-19 pandemic.

Wednesday’s report contains a warning about that group of ultra-billionaires, mentioning by name Amazon’s Jeff Bezos, Facebook’s Mark Zuckerberg, and Elon Musk of Telsa and SpaceX.

“As much as familiar fortunes have blossomed in the low-regulation, low-tax, wealth-worshiping environment of the previous 40 years,” the report says, “the next 40 and beyond could see the rise of economic dynasties that will make the old money look small.”

Along with closing dynasty-trust tax loopholes, Americans for Tax Fairness urges reforms that would “curb the year-to-year accumulation of wealth in existing trusts.” Specifically, it calls for a new income-tax bracket “on undistributed trust income in excess of $250,000 that is five percentage points higher than the maximum income-tax bracket for individuals.”

Noting a proposal from Sen. Elizabeth Warren (D-Mass.), the group also encourages U.S. lawmakers to “impose an annual 2% wealth tax on the portion of a dynasty trust’s holdings that exceed $50 million, and an additional 1% on dynasty trust accumulations in excess of $1 billion.”

“The choice is clear,” according to the report. “We can fix our broken estate and gift tax system and stop the concentration of an ever-larger share of America’s wealth inside enormous dynasty trusts, or we can trust our democracy to a handful of trillionaire trust fund babies.”

“Fortunately, we know what needs to be done,” the report concludes. “The sole remaining challenge is to summon the courage to stand up to the holders of dynastic wealth and their enablers.”

Originally published on Common Dreams by JESSICA CORBETT and republished under a Creative Commons license (CC BY-NC-ND 3.0)


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Starbucks Profits Soar by 31%—But It’s Raising Prices Anyway

One critic said the company’s explanation for the coming price hikes amounts to “word salad to hide corporate greed.”‘

Above: Photo collage Lynxotic /Pexels / Adobe Stock

Starbucks on Tuesday reported a 31% increase in profits during the final three months of 2021, but the massive Seattle-based coffee chain nevertheless announced plans to further hike prices this year, drawing outrage from critics who say the company is pushing higher costs onto consumers to pad its bottom line.

“Corporations are jacking up prices on consumers and using concerns about inflation as cover to do so.”

Starbucks CEO Kevin Johnson—who saw his compensation soar by 39% to $20.4 million in 2021—told investors during the company’s earnings call Tuesday that “supply-chain disruptions” and rising labor costs are to blame for the coming price increases, of which he suggested there will be several.

“We have additional pricing actions planned through the balance of this year, which play an important role to mitigate cost pressures including inflation,” said Johnson, who also touted the company’s “strong revenue growth” in the quarter.

Starbucks’ revenue grew to $8.1 billion at the tail-end of 2021, a 19% jump compared to the previous year.

To progressive observers, Starbucks’ announcement of price hikes fits a pattern of U.S. corporations—in sectors across the economy—raising costs for consumers while raking in record profits, boosting executive pay, and squeezing regular employees. Starbucks employees nationwide are increasingly fighting back against their low wages and poor working conditions by launching union drives.

Historian Andy Lewis argued that Starbucks’ explanation for the impending price increases amounts to nothing more than “word salad to hide corporate greed.”

The consumer advocacy group Public Citizen, for its part, responded with outrage to Starbucks increasing prices for customers after giving its CEO a nearly 40% raise last year.

During testimony before the House Energy and Commerce Committee on Wednesday, Rakeen Mabud of the Groundwork Collaborative noted that “in sector after sector, in company after company, corporations are jacking up prices on consumers and using concerns about inflation as cover to do so.”

“We see that in Kimberly-Clark taking advantage of the pandemic to raise prices on masks,” the economist said. “We see Proctor & Gamble using the fact that they sell essential goods that families depend on like diapers to raise prices in this moment of crisis. And we even see companies like McDonald’s raising prices on consumers even as they enjoy massive increases in sales.”

“So in short,” Mabud added, “this is a really broad-based problem—it’s unfortunately not limited to a specific sector of the economy.”

Originally published on Common Dreams by JAKE JOHNSON and republished under a Creative Commons license (CC BY-NC-ND 3.0)

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Is Momentum Shifting Toward a Ban on Behavioral Advertising?

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Data-driven personalized ads are the lifeblood of the internet. To a growing number of lawmakers, they’re also nefarious

Earlier this month, the European Union Parliament passed sweeping new rules aimed at limiting how companies and websites can track people online to target them with advertisements.

Targeted advertising based on people’s online behavior has long been the business model that underwrites the internet. It allows advertisers to use the mass of personal data collected by Meta, Google, and other tech companies as people browse the web to serve ads to users by sorting them into tens of thousands of hyperspecific categories.

But behavioral advertising is also controversial. Critics argue that the practice enables discrimination, potentially only offering certain groups of people economic opportunities. They also say serving people ads based on what big tech companies assume they’re interested in potentially leaves people vulnerable to scams, fraud, and disinformation. Notoriously, the consulting firm Cambridge Analytica used personal data gleaned from Facebook profiles to target certain Americans with pro-Trump messages and certain Britons with pro-Brexit ads. 

The 2016 U.S. presidential election and the Brexit vote, according to Jan Penfrat, a senior policy adviser at European digital rights group EDRi, were “wake-up calls” to the Europe Union to crack down. Lawmakers in the U.S. are also looking into ways to regulate behavioral advertising.

What Will the European Parliament’s New Regulations Do?

There’s been a long back and forth about how much to crack down on targeted advertising in the Digital Services Act (DSA), the EU’s big legislative package aimed at regulating Big Tech.

Everything from a total ban on behavioral advertising to more modest changes around ad transparency has at some point been on the table. 

On Jan. 19, the Parliament approved its final position on the bill. Included is a ban on targeted advertising to minors, a ban on tracking sensitive categories like religion, political affiliation, or sexual orientation, and a requirement for websites to provide “other fair and reasonable options” for access if users opt out of their data being tracked for targeted advertising. 

The bill also includes a ban on so-called dark patterns —“design choices that steer people into decisions they may not have made under normal conditions—such as the endless clicks it takes to opt out of being tracked by cookies on many websites.” 

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That measure is critical, according to Alexandre de Streel, the academic director of the think tank Centre on Regulation in Europe, because of how tech companies responded to the General Data Protection Regulation (GDPR), the EU’s 2016 tech regulation. 

In a study on online advertising for the Parliament’s crucial Committee on the Internal Market and Consumer Protection, de Streel and nearly a dozen other experts documented how “dark patterns” had become a major tool used by websites and platforms to persuade users to provide consent for sharing their data. Their recommendations for the DSA—which included more robust enforcement of the GDPR, stricter rules about obtaining consent, and the dark patterns ban—were included in the final bill.

“We are going in the right direction if we better enforce the GDPR and add these amendments on ‘dark patterns,’ ” De Streel told The Markup.

German member of European Parliament Patrick Breyer joined with more than 20 other MEPs and more than 50 public and private organizations last year to form the Tracking Free Ads Coalition. Though its push for a total ban on targeted advertising failed, the coalition was behind many of the more stringent restrictions. Breyer told The Markup the new rules were “a major achievement.”

“The Parliament stopped short of prohibiting surveillance advertising, but giving people a true choice [of whether to be targeted] is a major step forward, and I think the vast majority of people will use this option,” he said.

The EU will address digital political advertising in a separate bill that could potentially be more stringent around targeting and using personal data.

Despite passing the European Parliament, the DSA is far from settled. Due to the EU’s unique law-making process, the legislation must now be negotiated with the European Commission and the bloc’s 27 countries. The member states, as represented by the European Council, have adopted an official position considerably less aggressive—opting for only improved transparency on targeted advertising—and, according to Breyer, are “traditionally very open to [industry] lobbying.”

Whether the DSA’s wins against targeted advertising survive this process “will depend to a large degree on public pressure,” said Breyer. 

How Has Big Tech Responded?

So far, Big Tech companies have publicly tread lightly in response to the European push to limit targeted advertising. 

In response to The Markup’s request for comment, Google spokesperson Karl Ryan said that Google supports the DSA and that it shares “the goal of MEPs to continue to make the internet safer for everyone….” 

“We will now take some time to analyze the final Parliament text to understand how it could impact us and our different users,” he said. 

Meta did not respond to a request for comment.

But privately, over the last two years, Google, Facebook, Amazon, Apple, and Microsoft have ramped up lobbying efforts in Brussels, spending more than $20 million in 2020.

The advertising industry, meanwhile, has been public in its opposition. In a statement on the recent vote, Interactive Advertising Bureau Europe director of public policy Greg Mroczkowski urged policymakers to reconsider.

“The use of personal data in advertising is already tightly regulated by existing legislation,” Mroczkowski said, apparently referencing the GDPR, which regulates data privacy in the EU generally. He further noted that the new rules “risk undermining” existing law and “the entire ad-supported digital economy.”

On Wednesday, the Belgian Data Protection Authority found IAB Europe–which developed and administered the system for companies to obtain consent for behavioral advertising while complying with GDPR—in violation of that law. In particular, the authority found that the pop-ups that ask for people’s consent to process their data as they visit websites failed to meet GDPR’s standards for transparency and consent. The pop-up posed “great risks to the fundamental rights” of Europeans, the ruling said. The authority ordered IAB to delete data collected under its Transparency and Consent Framework and has six months to comply.  

“This decision is momentous,” Johnny Ryan, a senior fellow at the Irish Council for Civil Liberties, told The Markup. “It means that digital rights are real. And there is a significance for the United States, too, because the IAB has introduced the same consent spam for the CCPA and CPRA [California Consumer Privacy Act and California Privacy Rights Act].”

In a statement to Tech Crunch, IAB Europe said it “reject[s] the finding that we are a data controller” in the context of its consent framework and is “considering all options with respect to a legal challenge.” Further, it said it is working on an “action plan to be executed within the prescribed six months” to bring it within GDPR compliance.

Google and Meta may be preparing for whichever way the wind is blowing. 

Google is developing a supposedly less-invasive targeted advertising system, which stores general topics of interest in a user’s browser while excluding sensitive categories like race. Meta is testing a protocol to target users without using tracking cookies. 

A handful of European companies like internet security company Avast, search engine DuckDuckGo (which is a contributor to The Markup), and publisher Axel Springer see tighter rules around data privacy as a means to push the industry toward contextual ads or tech that matches ads based on a website’s content, and to therefore break the Google-Meta duopoly over online advertising.

What’s Happening in the U.S.?

On Jan. 18, Reps. Anna Eshoo (D-CA) and Jan Schakowsky (D-IL) and Sen. Cory Booker (D-NJ) introduced legislation to Congress to prohibit advertisers from using personal data to target advertisements—particularly using data about a person’s race, gender, and religion. Exceptions would be made for “broad” location information and contextual advertising. 

“The hoarding of people’s personal data not only abuses privacy, but also drives the spread of misinformation, domestic extremism, racial division, and violence,” Booker said in a statement announcing the bill in January.

While there is bipartisan desire to rein in Big Tech, there is no consensus on how to do it. The bill most likely to pass the divided Congress is designed to stop Amazon, Apple, Google, and other tech giants from privileging their own products. Congressional action on targeted advertising does not appear likely.

Still, it is possible the Federal Trade Commission will take action.

Last summer, President Biden issued an executive order directing the FTC to use its rulemaking authority to curtail “unfair data collection and surveillance practices.” In December, the FTC sought public comment for a petition by nonprofit Accountable Tech to develop new data privacy rules.

Meanwhile, many U.S. digital rights activists, such as nonprofit Electronic Frontier Foundation, are hopeful that new rules in Europe will force changes globally, as occurred after the GDPR. “The EU Parliament’s position, if it becomes law, could change the rules of the game for all platforms,” wrote EFF’s international policy director Christopher Schmon.

It’s still early days, but many see the tide turning against targeted advertising. These types of conversations, according to Penfrat at EDRi, were unthinkable a few years ago.

“The fact that a ban on surveillance-based advertising has been brought into the mainstream is a huge success,” he said.

This article was originally published on The Markup By: Harrison Jacobs and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.


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Newly Public Documents Allege Allstate Overcharged Loyal California Customers $1 billion

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A 2020 Markup investigation found the company pursuing similar goals in other states

A pair of newly public documents filed with a California administrative law judge show experts accusing the company of systematically overcharging customers it believed to be the most loyal around $1 billion over the past decade. 

This practice of charging higher premiums to customers an insurance company suspects are unlikely to defect to a competitor is termed “price optimization” and was the subject of a 2020 Markup investigation that found Allstate was attempting to use a new pricing algorithm for auto insurance in Maryland that would have unfairly targeted its highest-paying customers—and that the algorithm had been approved in several other states. 

Nearly every state, including California, bars insurers from setting car insurance rates on factors apart from the actual risk the drivers pose. Insurance regulators in 18 states and Washington, D.C., have explicitly declared price optimization illegal.

The new documents, which were initially filed in late October by the California Department of Insurance and Consumer Watchdog, a consumer advocacy group allowed by the state to intervene in the case and provide expertise, consist of written testimony from insurance industry experts who examined how Allstate set its prices. 

They allege that Allstate was engaging in price optimization by giving smaller than appropriate discounts to the least-price-sensitive among its customers with clean driving records who held multiple policies with the company or who had several decades of driving experience. 

Edward Cimini Jr., a senior casualty actuary with the California Department of Insurance, said he reviewed internal Allstate documents, documents the company submitted to the state describing its auto insurance pricing plan, and depositions of company employees and found that Allstate gave smaller discounts to drivers with more than 39 years of experience, a group he said is unlikely to shop around. “Since Allstate’s selections were not based on underlying costs, the final rates that Allstate charged these policyholders were actuarily unsound and unfairly discriminatory,” he said.

Allan Schwartz, an actuarial consultant hired by Consumer Watchdog to review Allstate’s pricing practices, estimated that Allstate overcharged California drivers who were owed discounts “about $1 billion.” 

“Those policyholders were known by Allstate to have a lower elasticity of demand and were more likely to renew with Allstate even though they were charged premiums in excess of those based upon an actuarially sound estimate of the cost of risk transfer,” he said. 

The company denies the allegations. “Allstate does not employ, and has never employed, price optimization in determining premiums in California because Allstate does not take into account an individual’s or class’s willingness to pay a higher premium relative to other individuals or classes,” Allstate spokesperson Ben Corey wrote in an email to The Markup. 

In its court filings, Allstate points out that in 2011 the California Department of Insurance reviewed and approved the 2011 plan without highlighting the issues now raised in the long-running class action that triggered this hearing. 

The company was sued in 2015 over alleged price optimization practices in California. Allstate moved to have the case thrown out, arguing in part that it wasn’t a matter for civil courts but rather for the state department of insurance. In 2016, the United States District Court for the Northern District of California put the case on hold and referred it to the authority of the Commissioner of the California Department of Insurance for its opinion, which triggered the administrative law proceeding. Last week, the parties agreed to enter voluntary mediation. 

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Two years ago, The Markup published an investigation revealing that a new method of calculating rates for car insurance customers that Allstate was trying to implement across the country attempted to charge higher rates to customers who were already paying a lot for their car insurance—essentially creating a “suckers list” of big spenders and squeezing even more money out of them. 

The investigation was based on details the insurer provided to regulators in Maryland as part of its 2014 filing there that revealed the current and proposed rate for policyholders in the state. Using statistical regressions, we found that the rating factor, called CGR, would charge more—and severely limit discounts—to big spenders. Maryland regulators rejected Allstate’s plan over price optimization concerns. We found Allstate was using similar algorithms in 10 other states, but we were not able to determine if they worked exactly the same way in those states because we lacked the data we had in Maryland. Allstate did not answer our questions about the algorithms.

Consumer Watchdog founder Harvey Rosenfield, who has long been critical of Allstate’s pricing practices, said that the company found a different method of achieving the same goals in California, which only allows insurers to use a limited number of approved factors—like driving record, type of car, or number of years behind the wheel—to determine how much customers have to pay in premiums. 

“What we’re contending is they took their knowledge of price elasticity and figured out a pretty straightforward way of doing it without saying so,” Rosenfield said. “Their actuaries selected relativities to set people’s premiums that punished people who Allstate knew were inelastic, who fit the profile of being less sensitive to price changes. They charged those people more.”

California isn’t the only place where Allstate has faced litigation over its use of price optimization. Shortly after the publication of The Markup’s Maryland investigation, the company was hit with a class action lawsuit in Texas that directly referenced The Markup’s reporting. That suit alleges that the company was “charging higher premiums to its more tenured policyholders than it charges otherwise identically-situated newer policyholders for the same or materially the same coverages.”

That case is still ongoing.

This article was originally published on The Markup By: Aaron Sankin and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.


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New Legal Filing Reveals Startling Details of Possible Fraud by Trump Organization

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A new legal filing by New York’s attorney general this week accused former President Donald Trump’s company of misleading lenders about the financial health of its landmark downtown Manhattan skyscraper, 40 Wall Street, while seeking to renew the building’s mortgage.

Though the Trump Organization called 40 Wall Street “one of the great success stories post 2008,” lender Capital One found the company’s estimates of the building’s worth so unbelievable that the bank declined to refinance the tower’s loan in 2015, the filing alleges.

“Capital One harbored great skepticism regarding the Trump Organization’s valuations,” says the filing, which was submitted by Attorney General Letitia James in response to Trump’s efforts to block her from questioning him and his children as part of an ongoing investigation by her office.

The new accusations offer startling details about possible financial fraud involving 40 Wall Street — one of the subjects of a 2019 ProPublica story that highlighted conflicting financial documents the Trump Organization had filed for the building.

ProPublica’s story documented how income, expense and occupancy numbers cited in the eventual refinance for 40 Wall Street and another Manhattan building sometimes didn’t match those the company had filed with city tax authorities. A lower valuation for the city would produce a lower tax bill, while a higher valuation for lenders would make it easier to get a new mortgage.

One expert said it appeared like the Trump Organization was keeping “two sets of books.”

“It feels like a set of books for the tax guy and a set for the lender,” said Kevin Riordan, a financing expert and real estate professor at Montclair State University, at the time.

In her filing, James asserts that Trump Organization employees, including Trump’s children, took part in a pattern of deception in which they misled lenders, insurers and the Internal Revenue Service by vastly overstating values for 40 Wall Street and a host of other Trump properties, including golf courses in Scotland, Los Angeles and Westchester and his buildings on Fifth and Park avenues.

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The Trump Organization on Thursday lashed out at James, a Democrat, via a statement emailed by a spokesperson, saying, “The only one misleading the public is Letitia James.

“She defrauded New Yorkers by basing her entire candidacy on a promise to get Trump at all costs without having seen a shred of evidence and in violation of every conceivable ethical rule,” the organization’s statement said. It asserted that James “has no case” and that the “allegations are baseless and will be vigorously defended.”

Alan Futerfas, a lawyer for Trump’s children Donald Jr. and Ivanka Trump, also criticized James, accusing her of making “repeated threats to target the Trump family” and ignoring legal protections for “the very people she is investigating.”

James is seeking to compel testimony and obtain documents from Trump, Donald Jr. and Ivanka, who she said have not cooperated with her investigation.

The filing says that property valuations formed the heart of statements of financial condition that the Trump Organization used to demonstrate its net worth. The statements, which James said contained inaccuracies, were compiled by an outside accounting agency from a data spreadsheet and backup material provided by the Trump Organization.

Trump’s personal guarantees to some banks and insurers required him to certify that his financial statements were correct, according to James’ filing. The documents say her office has evidence Trump was “personally involved in reviewing and approving” the statements.

If the company or its employees are found to have deliberately provided misleading valuations, they could face civil or criminal penalties. The company is under investigation by both James and Manhattan District Attorney Alvin Bragg.

With its classic Gothic Revival style and signature green spire, 40 Wall Street gave Trump a presence in the most famous financial district in the world. His company doesn’t own it, but rather purchased in 1995 the right to act as the landlord for its office and retail space. Finding tenants for that space, however, particularly in the building’s narrow tower, proved a challenge, especially after 9/11, when occupancy sagged and the entire financial district struggled, the ProPublica investigation found.

James’ filing says that as early as 2009, Capital One, which held the mortgage on the property, “raised substantial concerns about cash flow” at 40 Wall Street, prompting in-person meetings with Trump, longtime Trump Organization Chief Financial Officer Allen Weisselberg and others. Donald Trump Jr. was also involved in the discussions, the filing says.

The conversations led to a loan modification in 2010, with bank personnel harboring doubts about the Trump Organization’s representations of the building’s financial standing. During those discussions, the Trump Organization provided the bank with profit numbers for 2010 of $12.3 million, which bank personnel described as “very optimistic.”

More startling were the differences between valuations that appeared on Trump’s statements of financial condition and those prepared by appraisers for Capital One. The Trump Organization set the value of the building at $601.8 million in 2010, while the appraisals for Capital One done by Cushman & Wakefield set it at just less than one-third of that, $200 million.

Weisselberg shared one of the company’s higher valuations for the building with the bank in early 2015, boasting of “considerable capital investment” and “a much improved cash flow.” He wanted Capital One to restructure its loan and waive a principal payment of $5 million due in November.

But Capital One declined to refinance the mortgage, referencing its own internal estimate that the building was only worth $257 million a few months before.

That year, 40 Wall Street’s $160 million mortgage was a thorn in Trump’s side, representing his then-largest single debt as he launched his campaign for the presidency.

After Capital One’s rejection, the Trump Organization turned to Ladder Capital Finance, where Weisselberg’s son Jack was a director. Ladder commissioned its own appraisal. Though Ladder used the same Cushman & Wakefield team that had estimated the building was worth $220 million in 2012, the team this time more than doubled the value to $540 million, legal filings said. Ladder approved the refinance.

James’ filing said that evidence her office obtained suggests the 2015 Cushman valuation “appears to have used demonstrably incorrect facts and aggressive assumptions” to arrive at the higher estimate, which the document said “did not reflect a good faith assessment of value.”

On Thursday, Cushman & Wakefield defended its practices, saying it took “great issue with mischaracterizations concerning the work performed and believe they are not supported by the evidence.

“The referenced Cushman & Wakefield appraisals were undertaken and completed in good faith based upon the material information made available,” the company said in a statement emailed by a spokesperson. “We stand behind the appraisers and the referenced appraisals which reflect fair valuations based upon the underlying facts and market dynamics.”

In 2015, the Trump Organization’s statement of financial condition listed the value of the building as $735.4 million.

Ladder Capital and Capital One did not immediately respond to requests for comment Thursday. Allen Weisselberg and Jack Weisselberg could not immediately be reached.

ProPublica’s 2019 story found several instances of the Trump Organization reporting much lower expenses to its lender, Ladder Capital, than to city tax authorities — including 40 Wall Street’s insurance costs and ground lease. Jack Weisselberg declined to comment at the time on Ladder’s loans or his relationship with the Trump Organization. Executives with Ladder also declined to be quoted for the story then.

In 2019, former Trump lawyer Michael Cohen testified before Congress that the Trump Organization inflated valuations at times to appear more profitable and deflated them to achieve a lower real estate tax bill.

Originally published on ProPublica by Heather Vogell and republished under a Creative Commons License (CC BY-NC-ND 3.0)

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.Series: Trump, Inc. Exploring the Business of Trump


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5 things to know about why Russia might invade Ukraine – and why the US is involved

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U.S. President Joe Biden said on Jan. 19, 2022, that he thinks Russia will invade Ukraine, and cautioned Russian president Vladimir Putin that he “will regret having done it,” following months of building tension.

Russia has amassed an estimated 100,000 troops along its border with Ukraine over the past several months.

In mid-January, Russia began moving troops into Belarus, a country bordering both Russia and Ukraine, in preparation for joint military exercises in February.

Putin has issued various security demands to the U.S. before he draws his military forces back. Putin’s list includes a ban on Ukraine from entering NATO, and agreement that NATO will remove troops and weapons across much of Eastern Europe.

There’s precedent for taking the threat seriously: Putin already annexed the Crimea portion of Ukraine in 2014.

Ukraine’s layered history offers a window into the complex nation it is today — and why it is continuously under threat. As an Eastern Europe expert, I highlight five key points to keep in mind.

What should we know about Ukrainians’ relationship with Russia?

Ukraine gained independence 30 years ago, after the fall of the Soviet Union. It has since struggled to combat corruption and bridge deep internal divisions.

Ukraine’s western region generally supported integration with Western Europe. The country’s eastern side, meanwhile, favored closer ties with Russia.

Tensions between Russia and Ukraine peaked in February 2014, when violent protesters ousted Ukraine’s pro-Russian president, Viktor Yanukovych, in what is now known as the Revolution of Dignity.

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Around the same time, Russia forcibly annexed Crimea. Ukraine was in a vulnerable position for self-defense, with a temporary government and unprepared military.

Putin immediately moved to strike in the Donbas region of eastern Ukraine. The armed conflict between Ukrainian government forces and Russia-backed separatists has killed over 14,000 people.

Unlike its response to Crimea, Russia continues to officially deny its involvement in the Donbas conflict.

What do Ukrainians want?

Russia’s military aggression in Donbas and the annexation of Crimea have galvanized public support for Ukraine’s Western leanings.

Ukraine’s government has said it will apply for European Union membership in 2024, and also has ambitions to join NATO.

Ukrainian President Volodymyr Zelenskyy, who came to power in 2019, campaigned on a platform of anti-corruption, economic renewal and peace in the Donbas region.

In September 2021, 81% of Ukrainians said they have a negative attitude about Putin, according to the Ukrainian news site RBC-Ukraine. Just 15% of surveyed Ukrainians reported a positive attitude towards the Russian leader.

Why is Putin threatening to invade Ukraine?

Putin’s decision to engage in a military buildup along Ukraine is connected to a sense of impunity. Putin also has experience dealing with Western politicians who champion Russian interests and become engaged with Russian companies once they leave office.

Western countries have imposed mostly symbolic sanctions against Russia over interference in the 2020 U.S. presidential elections and a huge cyberattack against about 18,000 people who work for companies and the U.S. government, among other transgressions.

Without repercussions, Putin has backed Belarus President Alexander Lukashenko’s brutal crackdown on mass protests in the capital city, Minsk.

In several instances, Putin has seen that some leading Western politicians align with Russia. These alliances can prevent Western countries from forging a unified front to Putin.

Former German chancellor Gerhard Schroeder, for example, advocated for strategic cooperation between Europe and Russia while he was in office. He later joined Russian oil company Rosneft as chairman in 2017.

Other senior European politicians promoting a soft position toward Russia while in office include former French Prime Minister François Fillon and former Austrian foreign minister Karin Kneissl. Both joined the boards of Russian state-owned companies after leaving office.

What is Putin’s end game?

Putin views Ukraine as part of Russia’s “sphere of influence” – a territory, rather than an independent state. This sense of ownership has driven the Kremlin to try to block Ukraine from joining the EU and NATO.

In January 2021, Russia experienced one of its largest anti-government demonstrations in years. Tens of thousands of Russians protested in support of political opposition leader Alexei Navalny, following his detention in Russia. Navalny had recently returned from Germany, where he was treated for being poisoned by the Russian government.

Putin is also using Ukraine as leverage for Western powers lifting their sanctions. Currently, the U.S. has various political and financial sanctions in place against Russia, as well as potential allies and business partners to Russia.

A Russian attack on Ukraine could prompt more diplomatic conversations that could lead to concessions on these sanctions.

The costs to Russia of attacking Ukraine would significantly outweigh the benefits.

While a full scale invasion of Ukraine is unlikely, Putin might renew fighting between the Ukrainian army and Russia-backed separatists in eastern Ukraine.

Why would the US want to get involved in this conflict?

With its annexation of Crimea and support for the Donbas conflict, Russia has violated the Budapest Memorandum Security Assurances for Ukraine, a 1994 agreement between the U.S., United Kingdom and Russia that aims to protect Ukraine’s sovereignty in exchange for its commitment to give up its nuclear arsenal.

Putin’s threats against Ukraine occur as he is moving Russian forces into Belarus, which also raises questions about the Kremlin’s plans for invading other neighboring countries.

Military support for Ukraine and political and economic sanctions are ways the U.S. can make clear to Moscow that there will be consequences for its encroachment on an independent country. The risk, otherwise, is that the Kremlin might undertake other military and political actions that would further threaten European security and stability.

Tatsiana Kulakevich, Assistant Professor of instruction at School of Interdisciplinary Global Studies, affiliate professor at the Institute on Russia, University of South Florida

Originally published on The Conversation by Tatsiana Kulakevich, University of South Florida and republished under a Creative Commons license. Read the original article.


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Astronaut Says View From Above Reveals ‘Absolutely Fragile’ Planet Earth

photo / adobe / NASA

“It makes you want to cherish the Earth and protect it, the more you see it from space,” says a French astronaut calling for global cooperation to fight the climate crisis.

French astronaut Thomas Pesquet says the impacts of the climate emergency are clear from space—and worsening on his watch—and has expressed optimism that the kind of global cooperation that built the International Space Station can also be channeled to protect the planet he calls “an oasis in the cosmos.”

 “Through the portholes of the space station, we distinctly see Earth’s fragility.”

Pesquet, a European Space Agency astronaut, made to the remarks in an interview published Monday at CNN.

In November, Pesquet, completed a six-month mission aboard the International Space Station. It was his second tour at the ISS, following an earlier mission in 2016 and 2017.

From space, an astronaut has a unique view of “the fragility of planet Earth,” he told the outlet.

There’s simply “emptiness,” he said, “apart from this blue ball with everything we need to sustain human life, and life in general, which is absolutely fragile.”

“It makes you want to cherish the Earth and protect it,” he said, “the more you see it from space.”

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According to Pesquet, the view from space also reveals the impacts of humanity’s destruction of nature such as river pollution. But the “most visual visible effect” of the climate crisis, he said, is the retreat of glaciers.

Compared to his earlier mission, Pesquet told CNN that on his 2021 tour he “could see a net increase in the frequency and the strength of extreme weather phenomena like hurricanes, like wildfires.”

He also likened the “peaceful cooperation between countries that were not always friends” in maintaining the space station, and suggested that transferring “that model to the way we deal with the environment on Earth” could lead to planetary protection. 

“If we can make a space station fly,” said Pesquet, “then we can save the planet.”

On Instagram, Pesquet has captured many remarkable images from the station, documenting both Earth’s beauty and the impacts of the climate crisis.

In October, Pesquet described viewing the climate crisis from space and the increasing prevalence of destructive events viewable from above. “Definitely, the hurricanes, seen from space, and the forest fires, I had never seen that before, especially on my previous mission.”

He conveyed his space view of the planetary crisis to French President Emmanuel Macron last year. “Through the portholes of the space station, we distinctly see Earth’s fragility,” he said. “We see the damaging effects of human activity, pollution of rivers and air pollution.”

He and the other astronauts on the 2021 mission also witnessed wildfires ravaging various regions including California, which was “covered in a cloud of smoke, we saw the flames with our naked eyes.”

Worsening impacts of the climate crisis from his tour five years earlier were clear, he said: “The weather phenomena are accelerating at an alarming rate.”

Originally published on Common Dreams by ANDREA GERMANOS and republished under a Creative Commons License (CC BY-NC-ND 3.0)


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What is the best mask for COVID-19? A mechanical engineer explains the science after 2 years of testing masks in his lab

Photo: Adobe Stock

1. What changed in the CDC guidelines?

The CDC currently recommends that you “wear the most protective mask you can that fits well and that you will wear consistently.” The question, then, is what type of mask offers the best protection for you – by filtering the air you breathe in – and for those around you – by filtering the air you breathe out?

The CDC’s updated guidelines clearly lay out the hierarchy of protection: “Loosely woven cloth products provide the least protection, layered finely woven products offer more protection, well-fitting disposable surgical masks and KN95s offer even more protection, and well-fitting NIOSH-approved respirators (including N95s) offer the highest level of protection.”

From a performance standpoint, the N95 and KN95 masks are the best option. While supply chain limitations led to the CDC recommending people not wear N95s early in the pandemic, today they are easily obtainable and should be your first choice if you want the most protection.

The biggest change in the new guidelines has to do with cloth masks. Previous guidance from the CDC had said that some cloth masks could offer acceptable levels of protection. The new guidance still acknowledges that cloth masks can offer a small amount of protection but places them at the very bottom of the bunch.

N95 masks are made from a tangled web of tiny plastic fibers that are very effective at trapping particles. Alexander Klepnev via Wikimedia CommonsCC BY-SA

2. What’s the difference between N95, surgical and cloth mask materials?

The effectiveness of a mask – how much protection a mask provides the wearer – is a combination of two major elements. First, there’s the ability of the material to capture particles. The second factor is the fraction of inhaled or exhaled air leaking out from around the mask – essentially, how well a mask fits. 

Most mask materials can be thought of as a tangled net of small fibers. Particles passing through a mask are stopped when they physically touch one of those fibers. N95s, KN95s and surgical masks are purpose-built to be effective at removing particles from air. Their fibers are typically made from melt-blown plastics, often polypropylene, and the strands are tiny – often less than four thousandths of an inch (10 micrometers) in diameter – or approximately one third the width of a human hair. These small fibers create a large amount of surface area within the mask for filtering and collecting particles. Although the specific construction and thickness of the materials used in N95, KN95 and surgical masks can vary, the filter media used are often quite similar.

These fibers are very tightly packed together so the gaps a particle must navigate through are very small. This results in a high probability that particles will end up touching and sticking to a fiber as they pass through a mask. These polypropylene materials also often have a static charge that can help attract and catch particles. 

Cloth masks are typically made of common woven materials such as cotton or polyester. The fibers are often large and less densely packed together, meaning particles can easily pass through the material. Adding more layers can help, but stacking layers has a diminishing return and the performance of a cloth mask, even with multiple layers, will still typically not match that of surgical mask or N95.

3. How much does fit matter for masks?

Fit is the other major component in how effective a mask is. Even if the materials used in a mask were perfect and it removed all particles from the air that passed through it, a mask can offer protection only if it doesn’t leak.

When you breathe in and out, air will always take the path of least resistance. If there are any gaps between a mask and someone’s face, a substantial fraction of every breath will seep out through those gaps and the mask will provide relatively little protection

Many cloth mask designs simply do not seal well. They are not stiff enough to push against the face, there are gaps where the mask doesn’t even come in contact with the face and it is not possible to cinch them tightly enough against the skin to form a decent seal.

But leaking is a concern for all masks. Although the materials used in surgical masks are quite effective, they often bunch and fold on the sides. These gaps provide an easy route for air and particles to leak out. Knotting and tucking surgical masks or wearing a cloth mask over a surgical mask can both significantly reduce leakage.

N95 masks aren’t immune to this problem either; if the nose clip isn’t securely pushed against your face, the mask is leaking. What makes N95s unique is that a specific requirement of the N95 certification process is making sure the masks can form a good seal.

4. What is different about omicron?

The mechanics of how masks function is likely no different for omicron than any other variant. The difference is that the omicron variant is more easily transmitted than previous variants. This high level of infectiousness makes wearing good-quality masks and wearing them correctly to limit the chances of catching or spreading the coronavirus that much more critical.

Unfortunately, the attributes that make for a good mask are the very things that make masks uncomfortable and not very stylish. If your cloth mask is comfy and light and feels like you are wearing nothing at all, it probably isn’t doing much to keep you and others safe from the coronavirus. The protection offered by a high-quality, well-fitting N95 or KN95 is the best. Surgical masks can be very effective at filtering out particles, but getting them to fit correctly can be tricky and makes the overall protection they will provide you questionable. If you have other options, cloth masks should be a last choice.

Originally published on The Conversation by Christian L’Orange and republished under a Creative Commons License

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It Is ‘Strange,’ Says Greta Thunberg, That Biden Is Seen as a Climate Leader

Greta Thunberg’s passions erupt at cop26’s global greenwashing Fest

“The U.S. is actually expanding fossil fuel infrastructure,” the 18-year-old Swedish climate activist said in a new interview.

In an interview published in The Washington Post Magazine on Monday, Swedish activist Greta Thunberg said it is “strange” that some consider U.S. President Joe Biden a climate leader even as his administration fails to take the ambitious steps necessary to tackle the intensifying planetary crisis.

When asked whether she is “inspired” by Biden or other world leaders, Thunberg pointed out that “the U.S. is actually expanding fossil fuel infrastructure” under the current administration.

“I’ve met so many people who give me very much hope and just the possibility that we can actually change things.”

“Why is the U.S. doing that?” she asked. “It should not fall on us activists and teenagers who just want to go to school to raise this awareness and to inform people that we are actually facing an emergency.”

“People ask us, ‘What do you want?’ ‘What do you want politicians to do?'” added Thunberg, who helped spark a global, youth-led climate protest movement with a solo strike outside of the Swedish Parliament building in 2018. “And we say, first of all, we have to actually understand what is the emergency.”

“We are trying to find a solution of a crisis that we don’t understand,” she continued. “For example, in Sweden, we ignore—we don’t even count or include more than two-thirds of our actual emissions. How can we solve a crisis if we ignore more than two-thirds of it? So it’s all about the narrative.”

While Biden has touted his decision to bring the U.S. back into the Paris agreement, his pledge to cut the nation’s greenhouse gas emissions in half by 2030, and other initiatives as a show of leadership in the face of an existential threat to humanity, his administration has also approved oil and gas drilling permits at a faster rate than former President Donald Trump’s did.

During Biden’s presidency, according to a report released earlier this month by the consumer advocacy group Public Citizen, the Bureau of Land Management (BLM) has approved an average of 333 oil and gas drilling permits per month this year alone—40% more than it did over the first three years of Trump’s White House tenure.

“When it comes to climate change policy, President Biden is saying the right things. But we need more than just promises,” Alan Zibel, the lead author of the report, said in a statement. “The reality is that in the battle between the oil industry and Biden, the industry is winning. Despite Biden’s campaign commitments to stop drilling on public lands and waters, the industry still has the upper hand. Without aggressive government action, the fossil fuel industry will continue creating enormous amounts of climate-destroying pollution exploiting lands owned by the public.”

Thunberg’s interview with the Post came at the end of a year that saw planet-warming carbon dioxide emissions quickly rebound to pre-pandemic levels as the U.S. and other major nations continued to burn fossil fuels at an alarming and unsustainable rate.

As Glen Peters of the Center for International Climate Research noted Tuesday, “2021 saw the second-biggest absolute increase in fossil CO2 emissions ever recorded.”

Despite the failure of world leaders to act with sufficient urgency as the climate crisis fuels devastating extreme weather events across the globe, Thunberg said she is “more hopeful now” than she was when she kicked off her lonely school strike in 2018.

“In one sense, we’re in a much worse place than we were then because the levels of CO2 in the atmosphere are higher and the global emissions are still rising at almost record speed. And we have wasted several years of blah, blah, blah,” said Thunberg. “But then, on another note, we have seen what people can do when we actually come together.”

“I’ve met so many people who give me very much hope and just the possibility that we can actually change things,” she added. “That we can treat a crisis like a crisis.”

Originally published on Common Dreams by JAKE JOHNSON and republished under a Creative Commons license(CC BY-NC-ND 3.0).

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A Return to Robo-Signing: JPMorgan Chase Has Unleashed a Lawsuit Blitz on Credit Card Customers

Early in 2020, as the pandemic gripped the nation, JPMorgan Chase offered to help customers weather the crisis by taking a temporary pause on mortgage, auto and credit card payments. Chase’s CEO, Jamie Dimon, sounded sympathetic about a year later as he offered broader reflections on what was ailing the country. “Americans know that something has gone terribly wrong,” he wrote in a letter to shareholders. “Many of our citizens are unsettled, and the fault line for all this discord is a fraying American dream — the enormous wealth of our country is accruing to the very few. In other words, the fault line is inequality.”

But even as those words were published, the bank had quietly begun to unleash a lawsuit blitz against many of its struggling customers. Starting in early 2020 and continuing to today, Chase has filed thousands of lawsuits against credit card customers who have fallen behind on their payments.

Chase had stopped pursuing credit card lawsuits in 2011, in the wake of the last major economic downturn, after regulators found that the company was filing tens of thousands of flimsy suits, sometimes overstating what customers owed. Rather than being backed by extensive billing records to document the debts, according to the regulators, the suits were typically filed with a short affidavit from one of a half-dozen Chase employees in one office in San Antonio who vouched for the accuracy of the bank’s information in thousands of suits.

Chase “filed lawsuits and obtained judgments against consumers using deceptive affidavits and other documents that were prepared without following required procedures,” the Consumer Financial Protection Bureau concluded in 2015. At times, Chase employees signed affidavits “without personal knowledge of the signer, a practice commonly referred to as ‘robo-signing.’” According to the CFPB’s findings, there were mistakes in about 10% of cases Chase won and the judgments “contained erroneous amounts that were greater than what the consumers legally owed.”

Chase neither admitted nor denied the CFPB’s findings, but it agreed, as part of a consent order, to provide significant evidence to make its cases in the future. The company also agreed it would provide “relevant information and documentation maintained by [Chase] to support their claims” in cases — the vast majority of those it filed — in which customers did not respond to the lawsuit.

But that provision expired on New Year’s Day 2020. And since then the bank has gone back to bringing lawsuits much as it did before 2011, according to lawyers who have defended Chase customers.

“From what I can see, nothing has changed,” said Cliff Dorsen, a consumer-rights attorney in Georgia who represents Chase credit card customers.

Chase declined to make executives available for interviews. It said in a statement that the timing of the resumption of its credit card lawsuits was just a coincidence. “We have engaged with our regulators throughout this process,” said Tom Kelly, a bank spokesperson. “We continue to meet the requirements of the consent order.” (Kelly said Chase also filed some credit card lawsuits in 2019.)

Kelly declined to say how many suits it has filed in its blitz of the past two years, but civil dockets from across the country give a hint of the scale — and its accelerating pace. Chase sued more than 800 credit card customers around Fort Lauderdale, Florida, last year after suing 70 in 2020 and none in 2019, according to a review of court records. In Westchester County, in New York’s suburbs, court records show that Chase has sued more than 400 customers over credit card debt since 2020; a year earlier, the equivalent figure was one.

A similar surge is occurring in Texas, according to January Advisors, a data-science firm. Chase filed more than 1,000 consumer debt lawsuits around Houston last year after filing only seven in 2020, the analytics firm’s review of court records in Harris County shows. Chase instigated 141 consumer debt cases in Austin last year after filing only one such case in 2020, according to January Advisors, which is conducting research for a nationwide study ofdebt collection cases.

Today, just as it did before running afoul of the CFPB, Chase is mass-producing affidavits from the same San Antonio office where low-level employees generated hundreds of thousands of affidavits in the past, according to defense attorneys and court documents. Those affidavits are often the main piece of evidence that Chase uses to win its case while detailed customer records — and any errors they may contain — remain out of sight.

“Our clients deserve to see everything that Chase has in its files,” Dorsen said. “Instead, Chase gives us these affidavits and says: ‘You can trust us about the rest.’”

Before the robo-signing scandal a decade ago, Chase recovered about a billion dollars a year with its credit card collections business, according to the CFPB. Why would Chase stop suing customers for years, forgoing billions of dollars, only to ramp up its suits once key provisions of the CFPB settlement had expired?

Craig Cowie thinks he has an answer. “Chase did not think it could make money if it had to sue customers and abide by the CFPB settlement,” said Cowie, who worked as an enforcement attorney at the CFPB during the Obama administration and now teaches at the University of Montana Law School. “That’s the only explanation that makes sense for why the bank would have held back.”

Cowie, who did not work on the CFPB’s case against Chase, said he doesn’t know why the agency agreed to a time limit on some settlement provisions. He pointed out that such agreements are negotiated and the CFPB cannot just dictate the terms. The agency may have felt it had to let some provisions of the settlement expire to get Chase to agree to the deal, Cowie said.

The CFPB declined to comment.

For its part, Chase said it waited years to restart its lawsuits because it took that long to get the system working right. “We rebuilt the litigation program slowly and methodically to make sure we had the right controls in place,” said its spokesperson, Kelly.

At the time, the CFPB had found numerous flaws in Chase’s suits. The agency concluded that Chase used “unfair” legal tactics when it promised that its credit card account information was reliable and mistake-free. It wasn’t simply a matter of errors in calculating how much was owed; in some cases the company even got the customer’s name wrong. Chase would sometimes pass accounts with errors — including instances where customers had been victims of credit card fraud, others who had tried to settle their debts and even some who had died — on to outside debt collectors, who might then take action based on that information.

Once Chase won a victory in court, the bank could seek to garnish a customer’s wages or raid their bank accounts, and those customers would pay a further price: a stain on their credit report that could make it harder to “obtain credit, employment, housing, and insurance,” the CFPB wrote.

Those sued by Chase, then and now, might spot errors if the company provided full records in its court filings, consumer advocates say. Instead, Chase typically submits copies of a few credit card statements along with a two-page affidavit attesting that the bank’s records were accurate and complete.

Consumer advocates say they do not expect that the majority of Chase’s credit card records are tainted with errors. But if today’s error rate is the same 10% that the CFPB estimated in the past and the Chase lawsuit push continues, thousands of customers may be sued for money they don’t owe. And there is no easy way to check when Chase keeps so many of its records out of sight.

Chase said that its current system for processing credit card lawsuits is sound and reliable. “We quality-check 100% of our affidavits today,” the company said in a statement.

Credit card customers do not respond to collections lawsuits in roughly 70% of cases, according to research from The Pew Charitable Trusts. In those instances, the customer typically loses by default.

In the small percentage of cases where a customer gets a lawyer or otherwise fights back, Chase still has the advantage because it can access all of the customer’s account records easily, according to consumer lawyers. (The bank typically closes accounts of customers who have failed to pay their debts, leaving them unable to access their records online.) Chase usually shares the complete credit card account file only after a legal fight, according to attorneys and pleadings from across the country. “Chase has all the evidence and we have to beg to get it,” said Jerry Jarzombek, a consumer-rights attorney in Fort Worth, Texas, who is defending several Chase customers.

The result leaves many defendants in a bind: They don’t have enough information to know whether they should dispute the company’s claims. “Chase wants us to believe its records are reliable so we don’t need to see them,” Jarzombek said. “Well, I’m sorry. I’ve dealt with Chase for decades. I’d prefer to see what evidence they’ve actually got.”

The robo-signing scandal exposed Chase’s affidavit-signing assembly line. Before the settlement, Chase had about a half-dozen employees churning through affidavits stacked a foot high or taller, according to the former Chase executive who brought the practices to light at the time. Kamala Harris, who was then California’s attorney general and is now vice president, likened the process to anaffidavit mill.

The current operation involves roughly a dozen “signing officers” working from the same San Antonio offices as before and performing many of the same tasks, according to Chase employees and outside lawyers who have represented the company.

Chase used to prepare affidavits “in bulk using stock templates,” according to the 2015 CFPB findings. That is again happening today, according to two of Chase’s outside lawyers who requested anonymity because they were not authorized to discuss the process.

The lawyers said they typically send their affidavit requests in batches. The requests already contain the basic details of the customer’s account when they arrive in Chase’s San Antonio office, they said. An affidavit request that is sent one day can typically be processed and returned the next business day, the lawyers said.

Chase affidavits contain stock language that the “signing officer” has “personal knowledge of and access to [Chase’s] books and records.” That “personal knowledge” is limited, said one signing officer who declined to be named. Chase does not expect signing officers to perform a forensic review of an account but rather to follow computer prompts to complete the affidavit, said the employee. “We just work with what’s on the screen.”

Chase declined to discuss its process for creating affidavits, but the bank said it satisfies the rules set by courts in the places where it operates. “Judges, clerks and other judiciary staff are well versed in the court rules and laws in their jurisdictions,” said the statement by the bank’s spokesperson, Kelly. “Through our counsel, we provide the information those parties require in matters before them.”

Courts around the country have grown too accepting of what big banks and debt collectors say, according to consumer advocates. And the justice they dispense can feel as cursory and hurried as the suits that Chase files.

In Texas a decade ago, lawmakers pushed most credit card cases into the state’s version of small claims courts, known as justice courts. The rules of evidence are more lax there and the judge might not even be a lawyer. A retired basketball player presides over one suchcourtroom in Houston. “One of these judges said to me: ‘What’s the point of seeing a bunch of evidence? We already know these people borrowed the money,’” said Jarzombek, the Fort Worth attorney. “I said: ‘Why even have a trial, then? Let the banks take whatever they want.’”

In Houston, where Chase has more than 1,000 consumer credit suits on the docket, only one defendant in those cases has fought to a trial on her own, according to court records.

That person’s experience is instructive. Like many, Melissa Razo struggled financially during the early pandemic. A former restaurant manager, the 42-year-old Razo had gone back to school, the University of Houston, to study psychology, and she supported herself by doing typing for an online transcription service. That work suddenly dried up when the pandemic hit, and Razo began missing credit card payments. Her debt escalated. Chase sued her in January 2021, claiming she owed a total of about $8,500 on two credit cards.

Razo had a previous court experience stemming from an acrimonious divorce, where she had learned that a plaintiff needs facts and evidence to win. “Nothing I presented was good enough,” she recalled of the divorce case.

Using what she’d learned, Razo prepared for her day in court against Chase. She could not access her account anymore, she said, because the bank had shut it down. So in late June, as her hearing date approached, Razo pulled together as many of her credit card statements as she could find. They told a story of grocery runs and shopping at Target and Goodwill, along with missed payments and penalties.

Razo presumed Chase would have to back up its claims just as she had been expected to do in divorce court. She expected the company’s lawyers would have five years of statements and documents to show that she owed exactly what they said she owed. This was a trial, after all.

The trial lasted perhaps a minute, according to Razo. It boiled down to two questions. Was Razo present? the judge asked over Zoom. When she announced herself, the judge asked if she had a Chase credit card. Yes, Razo said, that was true. Then, she said, the judge ruled in favor of Chase.

Chase declined to comment on the case. The judge was not authorized to speak about the matter, according to a court clerk. And the justice courts do not transcribe their hearings, so ProPublica could not verify what was said. (The court’s docket did confirm that a judgment was entered in Chase’s favor after a judge trial.)

Razo’s courtroom experience, though, sounds typical, according to Rich Tomlinson, a lawyer with Lone Star Legal Aid. “I can’t recall ever seeing a live witness in a debt case,” said Tomlinson, who has represented hundreds of debtors in his career. “These trials are not like Perry Mason. They’re not even Judge Judy.”

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Originally published on ProPublica By Patrick Rucker,  The Capitol Forum and republished under a Creative Commons license CC BY-NC-ND 3.0).

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Top US Banks and Investors Responsible for Nearly as Much Emissions as Russia, Report Finds

Above: Collage by Lynxotic, Original Photo by Unsplash

“Wall Street’s toxic fossil fuel investments threaten the future of our planet and the stability of our financial system and put all of us, especially our most vulnerable communities, at risk.”

Fueling fresh calls for swift, sweeping action by President Joe Biden and financial regulators, a report published Tuesday reveals that if the planet-heating pollution of the 18 largest U.S. asset managers and banks is compared to that of high-emissions countries, Wall Street is a top-five emitter.

“Financial regulators have the authority to rein in this risky behavior, and this report makes it clear that there is no time to waste.”

The new report—entitled Wall Street’s Carbon Bubble: The global emissions of the U.S. financial sector—was released by the Center for American Progress (CAP) and Sierra Club. The analysis was done by South Pole, which replicated an approach it used earlier this year for a U.K.-focused effort commissioned by Greenpeace and the World Wide Fund for Nature (WWF).

Though likely a “gross underestimate,” as Sierra Club put it, because the analysis relies on public disclosures that exclude key data, the researchers found that “just the portions of the portfolios of the eight banks and 10 asset managers studied in this report financed an estimated total of 1.968 billion tons CO2e based on year-end disclosures from 2020.”

Putting that CO2e—or carbon dioxide equivalent, which is used to compare emissions from various greenhouse gases—figure into context, the report notes:

  • If the financial institutions (FIs) in this study were a country, they would have the fifth largest emissions in the world, falling just short of Russia;
  • Financed emissions from the 18 institutions covered in this report are equivalent to 432 million passenger vehicles driven for one year;
  • Financed emissions from the eight banks studied in this report are equivalent to 80 million homes’ energy use for one year; and
  • Financed emissions from the 10 asset managers studied in this report are equivalent to three billion barrels of oil consumed.

The banks analyzed are Bank of America, Bank of New York (BNY) Mellon, Citigroup, Goldman Sachs, JPMorgan Chase, Morgan Stanley, State Street, and Wells Fargo.

The asset managers included are BNY Mellon Investment Management, BlackRock, Capital Group, Fidelity Investments, Goldman Sachs Asset Management, JPMorgan Asset Management, Morgan Stanley Investment Management, PIMCO, State Street Global Advisors, and the Vanguard Group.

When Wall Street is factored into the list of the world’s top 10 countries responsible for the most annual greenhouse gas emissions, it falls after China, the United States, India, and Russia but ranks ahead of Indonesia, Brazil, Japan, Iran, and Germany, according to Climate Watch data.

As the new publication warns:

The findings of this report make clear that the U.S. financial sector is a major contributor to climate change. Given that the indirect emissions of the U.S. financial sector are just below the total emissions of Russia, it should be considered a high-carbon sector and treated as such. Therefore, if President Biden and his administration do not put in place measures to mitigate U.S.-financed emissions, the United States will almost certainly fall far short of its targets to achieve a 50% to 52% reduction from 2005 levels in 2030 and net-zero emissions economy-wide by no later than 2050.

The implications of falling short would be dire. Continued unfettered emissions supported by the financial industry would mean that the deadly wildfires, droughts, heatwaves, hurricanes, floods, and other extreme weather events that Americans and communities around the world are already experiencing will only become worse, and efforts to mitigate emissions will only become more challenging and costly.

Representatives from the groups behind the report echoed its call to action in a statement Tuesday.

“Climate change poses a large systemic risk to the world economy. If left unaddressed, climate change could lead to a financial crisis larger than any in living memory,” said Andres Vinelli, vice president of economic policy at CAP. “The U.S. banking sector is endangering itself and the planet by continuing to finance the fossil fuel sector.”

Vinelli added that “because the industry has proven itself to be unwilling to govern itself,” regulators including the U.S. Securities and Exchange Commission and Office of the Comptroller of the Currency “must urgently develop a framework to reduce banks’ contributions to climate change.”

Ben Cushing, Sierra Club’s Fossil-Free Finance campaign manager, agreed that “regulators can no longer ignore Wall Street’s staggering contribution to the climate crisis.”

“The U.S. banking sector is endangering itself and the planet by continuing to finance the fossil fuel sector.”

“Wall Street’s toxic fossil fuel investments threaten the future of our planet and the stability of our financial system and put all of us, especially our most vulnerable communities, at risk,” he said. “Financial regulators have the authority to rein in this risky behavior, and this report makes it clear that there is no time to waste.”

The report comes as financial institutions worldwide face mounting criticism for their contributions to the climate emergency—including at the COP26 climate summit in Scotland last month—and as the Koch-funded American Legislative Exchange Council (ALEC) is pushing model legislation that opposes fossil fuel divestment.

More than three dozen climate advocacy groups argued Monday that “what ALEC claims to be discriminatory action”—referring to divestment from major polluters—”is instead prudent action to ensure the stability of our financial system and economy.”

“We know from the Great Recession that the financial sector won’t take responsibility,” the organizations noted. “It’s up to regulators to protect people from the impact on climate and financial risk of fossil fuel investment.”

Originally published on Common Dreams by JESSICA CORBETT and republished under a  Creative Commons (CC BY-NC-ND 3.0)

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Know This, Trump’s Attempted Coup on Jan. 6 Was Just Practice

Above: Collage by Lynxotic, Original Photos by various

What are the institutions—public and civic—that could roll back this fast-approaching U.S.-style fascism with the snarling visage of serial criminal and constitutional violator, Donald J. Trump?

“Trump’s Next Coup Has Already Begun…” is the title of an article in the Atlantic, just out, by Barton Gellman, a Pulitzer Prize winner and author of many groundbreaking exposés. He describes the various maneuvers that Trump-driven Republican operatives and state legislators are developing to overturn elections whose voters elected Democrats from states with Republican governors and state legislatures. Georgia fit that profile in 2020—electing two Democratic senators in a state with a Republican legislature and governor.

Tragically, a majority of the U.S. Supreme Court Justices—three selected by Trump—has no problem with his usurpation of the American Republic.

Getting ready for 2024, the Georgia GOP legislature has stripped the election-certifying Secretary of State, Brad Raffensperger, of his authority to oversee future election certifications. The legislature has also given itself the unbridled authority to fire county election officials. With Trump howling his lies and backing his minion candidates, they created a climate that is intimidating scores of terrified election-precinct volunteers to quit.

Added to this are GOP-passed voter suppression laws and selectively drawn election districts that discriminate against minorities—both before the vote (purges, arbitrary disqualifications), during the vote (diminishing absentee voting, and narrowing dates for their delivery), and after the election in miscounting and falsely declaring fraud.

The ultimate lethal blow to democratic elections, should the GOP lose, is simply to have the partisan GOP majority legislators benefiting from demonically-drawn gerrymandered electoral districts, declare by fiat the elections a fraud, and replace the Democratic Party’s voter chosen electors with GOP chosen electors in the legislature.

Now take this as a pattern demolishing majority voters’ choice to 14 other GOP-controlled states, greased by Trumpian lies and routing money to his chosen candidate’s intent on overturning majority rule, add Fox News bullhorns and talk radio Trumpsters and you have the apparatus for fascistic takeovers. Tragically, a majority of the U.S. Supreme Court Justices—three selected by Trump—has no problem with his usurpation of the American Republic. All this and more micro-repression is broadcast by zillions of ugly, vicious, and anonymous rants over the Internet enabled by the profiteering social media corporations like Facebook.

Anonymous, vicious, violent email and Twitter traffic is the most underreported cause of anxiety, fear, and dread undermining honest Americans working, mostly as volunteers, the machinery of local, state, and national elections, with dedicated public servants. These people are not allowed to know the names behind the anonymous cowardly, vitriol slamming against them, their families, and children.

What are the institutions—public and civic—that could roll back this fast-approaching U.S.-style fascism with the snarling visage of serial criminal and constitutional violator, Donald J. Trump?

1. First is the Congress. Democrats impeached Trump over the Ukraine extortion but left on the table eleven other impeachable counts, including those with kitchen-table impacts (See Congressional Record, December 18, 2019).

All that is going on to deal with Trump’s abuses in any focused way on Capitol Hill, controlled by Democrats, is the House’s January 6th investigation. So far as is known, this Select Committee is NOT going to subpoena the star witnesses—Donald Trump and Mike Pence. So far, the Congress is feeble, not a Rock of Gibraltar thwarting the Trumpian dictators.

2. The federal courts? Apart from their terminal delays, it’s Trump’s Supreme Court and his nominees fill many chairs in the federal circuit courts of appeals. The federal judiciary—historically the last resort for constitutional justice—is now lost to such causes.

3. The Democratic Party? We’re still waiting for a grand strategy, with sufficient staff, to counter, at every intersection, the GOP. The Dems do moan and groan well. But where is their big-time ground game for getting out the non-voters in the swing states? Are they provoking recall campaigns of despotic GOP state legislators in GOP states having such citizen-voter power? Why aren’t they adopting the litigation arguments of Harvard Law School’s constitutional expert, Professor Larry Tribe? Where are their messages to appeal to the majority of eligible American voters who believe that the majority rules in elections? Why aren’t they urgently reminding voters of the crimes and other criminogenic behavior by the well-funded Trump and his political terrorists?

Bear in mind, the Democrats are well-funded too.

4. The Legal Profession and their Bar Associations. Aren’t they supposed to represent the rule of law, protect the integrity of elections, and insist on peaceful transitions of power? They are after all, not just private citizens; they are “officers of the court.” Forget it. There are few exceptions, but don’t expect the American Bar Association and its state bar counterparts to be the sentinels and watchdogs against sinister coup d’états under cover of delusional strongarming ideologies.

5. Well, how about the Universities, the faculties, and the students? Weren’t they the hotbeds of action against past illegal wars and violations of civil rights in the Sixties and Seventies? Sure. But that was before the Draft was eliminated, before the non-stop gazing at screens, and before the focus on identity politics absorbed the energy that fueled mobilizations about fundamental pursuits of peace, justice, and equality.

6. How about some enlightened corporate executives of influential companies? Having been given large tax reductions, sleepy law enforcement regulators, and a corporatist-minded federal judiciary, while the war contracts and taxpayer bailouts proliferate, why should they make waves to save the Republic? The union of plutocratic big business with the autocratic government is one classical definition of fascism.

7. The Mass Media. Taken together, they’ve done a much better job exposing Trumpism than has the Congress or litigation and the judiciary. However, their digging up the dirt does not come with the obvious follow-ups from their reporting and editorializing.

Covering the Ukraine impeachment, but not covering at least eleven other documented impeachable offenses, handed to them by credible voices, left them with digging hard but never hitting pay dirt. Trump has escaped all their muckraking as he has escaped all attempts by law enforcers who have their own unexplained hesitancies. If reporters do not dig intensely into just how Trump and his chief cohorts have escaped jail time and other penalties, their usual revelations of wrongdoings appear banal, eliciting “what else is new?” yawns by their public.

What’s left to trust and rely upon? Unorganized people organizing. What else! That’s what the farmers did peacefully in western Massachusetts in 1774 (See: The Revolution Came Early—1774—to the Berkshires) against the tyrant King George III and his Boston-based Redcoats?  By foot or by horse, they showed up together in huge numbers at key places. These farmers collectively stopped the takeover of local governments and courts by King George’s wealthier Tories. Their actions can teach us the awesome lessons of moral, democratic, and tactical grit—all the while having to deal with nature and their endangered crops.

What are our excuses?

Originally published on Common Dreams by RALPH NADER and republished under a Creative Commons license (CC BY-NC-ND 3.0)

With the Failure of Politics, People Are Waking Up to the Realization That They Have a World to Win

People everywhere are waking up to the realization that they must fight to organize the world in such a way that there is a sustainable future for humanity and the planet.

Above: Photo credit, NASA

Last month’s COP26 climate summit at Glasgow ended as a complete flop. While some have hailed as success the mere inclusion of the phrase “unabated coal should be phased down” in the final agreement, the fact of the matter is that the transition from fossil fuels to clean energy remains a distant dream. It should also be obvious to all that the climate deal reached at COP26 in no way prevents planetary temperature from crossing the 1.5 degrees Celsius threshold.

Under such a socioeconomic system, it is highly unlikely that the political establishment will dare to embark on a climate action course that might prove detrimental to powerful economic interests.

But let’s be blunt about rising global temperatures. Thanks to the failure of politics with regard to global warming, the critical threshold of 1.5 degrees Celsius will be reached or exceeded within the next couple of decades under all emissions scenarios considered, according to IPCCS’ latest findings. The only question is whether we can prevent the planet from getting even hotter—potentially passing 2 degrees or even 3 degrees Celsius.

Indeed, our national leaders have failed us on climate change, and we know the reasons why.  

I explained this in a recent Op-Ed for Al Jazeera English.

“First, leaders sit on climate negotiating tables with the intent to advance an agenda that serves above all their own national interests rather than the health of our planet.  Their mindset is still guided by the principles of “political realism” and political short-termism. This is why their words are not matching up with their actions.

Thus, Joe Biden can make a moral pronouncement to world leaders at COP26 in Glasgow that the US will lead the fight against the climate crisis “by example”, but, less than two weeks later, his administration auctions oil and gas leases in the Gulf of Mexico.

Second, the nation-state remains the primary actor in world affairs, so there are no international enforcement mechanisms with regard to pledges about cutting emissions. International cooperation, let alone solidarity, is extremely difficult to attain under the existing political order, and as leading international affairs scholar Richard Falk has argued, “Only a transnational ethos of human solidarity based on the genuine search for win/win solutions at home and transnationally can respond effectively to the magnitude and diversity of growing climate change challenges.”Third, “the logic of capitalism” guides the world economy. With profit-maximization as the ultimate motive, capitalism is toxic for the environment, especially in its neoliberal version, with a strong emphasis on deregulation and privatization.

Under such a socioeconomic system, it is highly unlikely that the political establishment will dare to embark on a climate action course that might prove detrimental to powerful economic interests.” But all is not yet lost. Climate activism is now a global movement, and it is surely our only way out of the climate conundrum. An estimated 100,000 people marched in Glasgow, and tens of thousands in other cities around the world, demanding bold action at the COP26 climate conference. Global warming demonstrations are filled with people of all ages and walks of life. Scores of scientists were arrested during the COP26 summit for carrying out various acts of civil disobedience.

To be sure, real leadership at the Glasgow summit was on display by the thousands of activists who took to the streets—not by the diplomats inside the halls of the Scottish Event Campus.

Moreover, we should not overlook the fact that some progress has indeed been made in the fight against global warming. The European Union is trying to make more than 100 cities carbon neutral by 2030. In Latin America and the Caribbean, in Asia and the Pacific, hundreds of climate projects have been introduced to combat fight the climate crisis.   

Progressive economists, like those at the Political Economy Research Institute (PERI) of the University of Massachusetts–Amherst, are taking real steps to help us combat global warming by producing highly detailed climate stabilization programs that drive sustainability while boosting employment. Indeed, Robert Pollin and some of his co-workers at PERI have brought the Green New Deal project to the forefront of public consciousness in scores of U.S. states. They are also hard at work now to spread it to other countries of the world.

Within the same context, organizations such as ReImagine Appalachia in the Ohio River Valley are laying the groundwork for a post-fossil fuel economy. Through both grassroots and grasstops initiatives, ReImagine Appalachia has engaged a wide variety of stakeholders in a shared vision of building a sustainable future based on clean and renewable energy sources and investments in the natural infrastructure to support “carbon farming,” but also  through the creation of good union jobs for low-wage workers and by ensuring a just transition for all towards an environmentally sustainable economy, including of course workers in the extractive industries. As Amanda Woodrum, Senior Researcher, Policy Matters Ohio, and Co-Director, Project to ReImagine Appalachia likes to say, this is the only way that “Appalachia stays on the climate table, otherwise it will be on the menu.”

In the state with the largest economy in the United States, a detailed project of building a clean-energy infrastructure and reducing emissions by 50 percent as of 2030 and achieving a zero-emissions economy by 2045 has received strong support by more than 20 major unions across the state, including the United Steel Workers Locals 5, 675 and 1945 (who represent workers in the fossil fuel supply chain). The latest union to endorse the California Climate Jobs Plan, outlined in Program for Economic Recovery and Clean Energy Transition in California by Robert Pollin and his co-workers at PERI, is the San Fransisco Region of the Inland Boatman’s Union.  

Indeed, labor activism in California is in the midst of a dramatic resurgence, with key labor union leaders and organizers such as, among others, Tracey Brieger, Dave Campbell, Norman Rogers, and Veronica Wilson, keen to continue the legacy of Tony Mazzocchi of the Chemical and Atomic Workers International Union. Mazzocchi was one of the earliest environmental activist leaders who advocated the idea of just transition for workers in carbon-intensive industries. His view, which is at the core of “Just Transition,” was that helping displaced workers should not be seen as philanthropy or welfare. According to Mazzocchi, those who had worked to “provide the world with the energy and the materials it needs deserve a helping hand to make a new start in life.”

There is no shortage of activism in today’s world. The Green New Deal Network, a coalition of 15 progressive organizations working together with the explicit aim of mobilizing grassroot power in order to advance the vision of the Green New Deal across key states, while also applying pressure at the federal level, is yet another case emblematic of the important shift taking place in a world where the conditions for the transition to a sustainable and just future are being so blatantly ignored by the political establishment.

People everywhere are waking up to the realization that they must fight to organize the world in such a way that there is a sustainable future for humanity and the planet. They know that they have a world to win.

Originally published on Common Dreams by C.J. POLYCHRONIOU and republished under a Creative Commons license (CC BY-NC-ND 3.0

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These Real Estate and Oil Tycoons Avoided Paying Taxes for Years

Here’s a tale of two Stephen Rosses.

Real life Stephen Ross, who founded Related Companies, a global firm best known for developing the Time Warner Center and Hudson Yards in Manhattan, was a massive winner between 2008 and 2017. He became the second-wealthiest real estate titan in America, almost doubling his net worth over those years, according to Forbes Magazine’s annual list, by adding $3 billion to his fortune. His assets included a penthouse apartment overlooking Central Park and the Miami Dolphins football team.

Then there’s the other Stephen Ross, the big loser. That’s the one depicted on his tax returns. Though the developer brought in some $1.5 billion in income from 2008 to 2017, he reported even more — nearly $2 billion — in losses. And because he reported negative income, he didn’t pay a nickel in federal income taxes over those 10 years.

What enables this dual identity? The upside-down tax world of the ultrawealthy.

ProPublica’s analysis of more than 15 years of secret tax data for thousands of the wealthiest Americans shows that Ross is one of a special breed.

He is among a subset of the ultrarich who take advantage of owning businesses that generate enormous tax deductions that then flow through to their personal tax returns. Many of them are in commercial real estate or oil and gas, industries that have been granted unusual advantages in the American tax code, which allow the ultrawealthy to take tax losses even on profitable enterprises. Manhattan apartment towers that are soaring in value can be turned into sinkholes for tax purposes. A massively profitable natural gas pipeline company can churn out Texas-sized write-offs for its billionaire owner.

By being able to generate losses — effectively, by being the biggest losers — these Americans are the most effective income-tax avoiders among the ultrawealthy, ProPublica’s analysis of tax data found. While ProPublica has shown that some of the country’s absolute wealthiest people, including Jeff Bezos, Elon Musk and Michael Bloomberg, occasionally sidestep federal income tax entirely, this group does it year in and year out.

Take Silicon Valley real estate mogul Jay Paul, who hauled in $354 million between 2007 and 2018. According to Forbes, he vaulted into the ranks of the multibillionaires in those years. Yet Paul paid taxes in only one of those years, thanks to losses of over $700 million.

Then there’s Texas wildcatter Trevor Rees-Jones, who built Chief Oil & Gas into a major natural gas producer over the past two decades. The multibillionaire reported a total of $1.4 billion in income from 2013 to 2018, but offset that with even greater losses. He paid no federal income taxes in four of those six years.

None of the people mentioned in this article would discuss their taxes or tax-avoidance techniques with ProPublica.

A spokesperson for Ross declined to accept questions. In a statement, he said, “Stephen Ross has always followed the tax law. His returns — which were illegally obtained and descriptions of which were released by ProPublica — are reflective of and in accordance with federal tax policy. It should terrify every American that their information is not safe with the government and that media will act illegally in disseminating it. We will have no further correspondence with you as we believe this is an illegal act.” (As ProPublica has explained, the organization believes its actions are legal and protected by the Constitution.)

A spokesman for Rees-Jones declined to comment. Paul did not respond to repeated requests for comment.

The techniques used by these billionaires to generate losses are generally legal. Loopholes for fossil-fuel businesses date back practically to the income tax’s birth in the early 20th century. Carve-outs for real estate and oil and gas have withstood sporadic efforts at reform by Congress in part because there has been widespread support for investment in housing and energy.

The commercial real estate and fossil fuel breaks have enabled some of the wealthiest Americans to escape federal income taxes for long stretches of time. Sometimes they amass such large losses that they cannot use all of them in a given year. When that happens, they fill up reservoirs of deductions that they then draw down bit by bit to wipe away taxes in future years. Before ProPublica’s analysis of its trove of tax data, the extent of this type of avoidance among the nation’s wealthiest was not known.

Typical working Americans do not generate these kinds of business losses and thus can’t use them to offset income or reduce income tax.

As long as there have been income taxes, there have been schemes to manufacture illusory losses that reduce taxes, and there have likewise been counterefforts by Congress and the IRS to rein them in. But ProPublica’s findings show these measures to prevent deduction abuses “aren’t doing what they are supposed to do,” said Daniel Shaviro, the Wayne Perry Professor of Taxation at New York University Law School. “The system isn’t working right.”

For decades, One Columbus Place, a 51-story apartment complex in midtown Manhattan, has looked like an excellent investment. Located a block off the southwest corner of Central Park, it’s adjacent to the Columbus Circle mall for shopping at Coach or Swarovski or for dining at the Michelin three-star restaurant Per Se.

Its 729 rental units have churned out millions of dollars in rental income every year for its owners, among them Stephen Ross. Mortgage records show its value has skyrocketed, jumping from $250 million in the early 2000s to almost $550 million in 2016.

Yet, for more than a decade, this prime piece of New York real estate was a surefire money-loser for tax purposes. Since Ross acquired a share in the property in 2007, he has recorded $32 million in tax losses from his stake in a partnership that owns it, his tax records show.

Tax losses from properties owned through a host of such partnerships are central to Ross’ ability, and that of other real estate moguls, to continue to grow their wealth while reporting negative income year after year to the IRS.

Their down-is-up, up-is-down tax life comes in large part from provisions in the code that amplify developers’ ability to exploit write-offs from what’s known as depreciation, or the presumed decline in the value of assets over time. Some of these rules apply only to the real estate business, letting developers take outsize deductions today to reduce their taxable income while delaying their tax bill for decades — and potentially forever.

Depreciation itself is a widely accepted concept. In most businesses, the depreciation write-offs come from assets, like machinery, that reliably lose their value over time; eventually, a machine becomes outmoded or breaks down.

When it comes to real estate, a common justification for depreciation relies on the idea that space in older buildings will tend to command lower rents than space in newer ones, eventually making it worthwhile for an owner to knock down a building and construct a new one. So, if a building initially cost investors $100 million, the tax code allows them, over a period of years, to deduct that $100 million.

But rather than losing value, real estate properties often rise in value over time, much like One Columbus Place has done for Ross and his business partners. (That value includes the cost of the land, which doesn’t generate depreciation write-offs.)

These depreciation write-offs, along with deductions for interest and other expenses, have helped many of the nation’s wealthiest real estate developers largely avoid income taxes in recent years, even as their empires have grown more valuable.

Former President Donald Trump, for whom Ross hosted a $100,000-a-plate fundraiser in 2019, is perhaps the best-known example of commercial real estate’s tax beneficiaries. As The New York Times reported last year, Trump paid $750 in federal income taxes in 2016 and 2017, and nothing at all in 10 of the years between 2001 and 2015. According to ProPublica’s data, Trump took in $2.3 billion from 2008 to 2017, but his massive losses were more than enough to wipe that out and keep his overall income below zero every year. In 2008, Trump reported a negative income of over $650 million, one of the largest single-year losses in the tax trove obtained by ProPublica.

New York-area real estate developer Charles Kushner, the father of Trump’s son-in-law, Jared Kushner, also avoided federal income taxes for long stretches of time. Though he reported making some $330 million between 2008 and 2018, Charles Kushner paid income taxes only twice in that decade ($1.8 million in total) thanks to deductions. (Kushner went to prison in 2005 after being convicted of tax fraud and other charges. Trump pardoned him last year.)

A spokesperson for Trump did not respond to questions about his taxes. (The Trump Organization’s chief legal officer told The New York Times last year that Trump “has paid tens of millions of dollars in personal taxes to the federal government” over the past decade, an apparent reference to taxes other than income tax.) Representatives for Kushner did not respond to repeated requests for comment.

Even relative to fellow real estate developers, though, Stephen Ross is exceptional. He didn’t start out in commercial real estate. He began his career as a tax attorney.

Ross, 81, grew up on the outskirts of Detroit, the son of an inventor with little business savvy. After getting a business degree from the University of Michigan, Ross decided to go to law school to avoid the Vietnam war draft. He then extended his education, earning a master’s degree in tax law at New York University.

He saw the tax code as a puzzle to solve. “Most people, when you say you’re a tax lawyer, they think you’re filling out forms for the IRS,” Ross once told a group of NYU students. “But I look at it as probably the most creative aspect of law because you’re given a set of facts and you’re saying, ‘How do you really reduce or eliminate the tax consequences from those facts?’”

After graduating, Ross went to work, first at the accounting firm Coopers & Lybrand, and later at a Wall Street investment bank, which fired him. Then, with a $10,000 loan from his mother, Ross went into business for himself, selling tax shelters.

In its early years, Ross’ Related Companies solicited investments in affordable-housing projects from affluent professionals like doctors and dentists with the promise that the deals would generate deductions they could use on their taxes to offset the income from their day jobs.

By the mid-1970s, such shelters had become big business on Wall Street. The losses frequently subsidized economically dubious investments in a range of industries. It wasn’t uncommon for firms to offer investors the chance to get $2 or $3 worth of tax savings for every $1 they put in.

As the decade wore on, regulators increasingly took notice. The IRS started programs to scrutinize loss-making businesses. Ross and some of his real estate partnerships were audited, according to a company prospectus, and in some cases, the IRS determined that the firm had been too aggressive in taking write-offs from the projects.

Lawmakers began to crack down, too. In 1976, Congress limited the tax losses investors could take if they borrowed money to invest in industries like oil and gas or motion pictures. But the change didn’t apply to the real estate industry, which successfully argued that without such tax shelters, investors wouldn’t back new low-income housing.

In 1986, Congress sought to rein in tax shelters once more as part of a major tax overhaul. This time the changes included rules to prevent affluent people from using the kind of investments Ross had been offering. The rules shrank who could offset their other income using business losses to only those who had important roles in the business, such as those who spent a certain number of hours on it; so-called passive investors were out of luck.

Several tough years followed for Ross and others in the industry, but the real estate lobby mounted a pressure campaign that yielded results in 1993, when Congress allowed real estate professionals once again to use losses generated from their rental properties to wipe out taxable income from things like wages.

After being pounded by the real estate crash of the early 1990s, the Related Companies reorganized itself with an infusion of cash from new investors. Related made use of new federal housing tax credits, as well as local tax breaks and tax-exempt public financing offered by New York City to propel development of affordable housing units. The firm also continued to branch out into more traditional office and luxury apartment deals.

In 2003, the $1.7 billion development of Time Warner Center catapulted Ross indisputably into the upper echelon of New York developers. Then the most expensive real estate project in the history of the city, the two shining glass towers beside Columbus Circle also helped elevate Ross into the the Forbes 400 for the first time in 2006.

Despite his growing fortune, Ross often owed no federal income tax. In the 22 years from 1996 to 2017, he paid no federal income taxes 12 times. His largest tax bill came in 2006, when he owed $12.6 million after reporting just over $100 million in income.

In the years since, Ross has used a combination of business losses, tax credits and other deductions to sidestep such bills. In 2016, for example, Ross reported $306 million in income, including $219 million in capital gains, $51 million in interest income and $5 million in wages from his role at Related Companies. But he was able to offset that income entirely with losses, including by claiming $271 million in losses through his business activities that year and by tapping his reserve of losses from prior years.

ProPublica’s records don’t offer a complete picture of the sources of each taxpayer’s losses, but they do provide some insight. That year, for example, in addition to losses from One Columbus Place, Ross recorded a loss of $31 million from a partnership associated with the Miami Dolphins. As ProPublica previously reported, professional sports teams provide a stream of tax losses for their wealthy owners. Ross also had a loss of $16.9 million from RSE Ventures, his investment company, which has owned stakes in restaurants, a chickpea pasta maker and a drone racing league.

After taking all of his losses, his records show that he would have owed a small amount of alternative minimum tax, which is designed to ensure that taxpayers with high income and huge deductions pay at least some taxes. But Ross was able to eliminate that bill, too, by using tax credits, which he’d also built up a store of over the years. That left him with a federal income tax bill of zero dollars for the year.

Since the early 2000s, when he had significant taxable income, Ross has turned to a conventional technique for creating tax deductions: charitable donations. He has made a series of multimillion-dollar contributions to his alma mater, the University of Michigan, which have earned him naming rights to its business school and some of its sports facilities. In 2003, a partnership owned by Ross and his business partners donated part of a stake in a southern California property to the school, taking a $33 million tax deduction in exchange. But when the university sold the stake two years later, it got only $1.9 million for it.

In 2008, the IRS rejected the claimed tax deduction. In court, the agency argued that the transaction was “a sham for tax purposes” and that Ross and his partners had grossly overvalued the gift. After almost a decade of legal wrangling, a federal judge sided with the IRS, disallowing the deduction, including Ross’ personal share of $5.4 million. The judge also upheld millions of dollars in penalties that the IRS imposed on the partnership for engaging in the maneuver. Both the tax attorney and the accountant who advised Ross on the deal pleaded guilty to tax evasion in an unrelated case. (In a 2017 article on the case, a spokesperson said Ross “was surprised and extremely disappointed by the actions of the two individuals, who have pled guilty, and has severed all dealings with them.”)

Ross’ core business, real estate, remains almost unmatched as a way to avoid taxes.

For most investors, losses are limited by how much money they stand to lose if the enterprise goes belly up, or how much money they have “at risk.” But not real estate investors. They can deduct the depreciation of a property from their taxable income even if the money they used to buy the place was borrowed from a bank and the property is the only asset on the line for the loan. If they buy a building worth $50 million, putting $10 million down and borrowing the rest, they can still deduct $50 million from their personal taxes over time, even though they’ve put much less of their own money into the project.

Savings related to depreciation and similar write-offs are supposed to be temporary; when you sell the assets, you owe taxes not only on your profits from the sale, but on whatever depreciation you’ve taken on the property as well. In tax lingo, this is known as “depreciation recapture.”

But two big gifts in the tax code, working together, can allow real estate moguls to push off those taxes forever.

First, commercial real estate investors can avoid paying taxes on their gains by rolling sale proceeds into similar investments within six months. This provision of the tax code, called the “like-kind exchange,” goes back to the years following the end of World War I and used to apply to other kinds of property owners. Now it’s available only to real estate investors, a provision that’s expected to cost the U.S. Treasury $40 billion in revenue over the next 10 years. Real estate moguls can “swap till they drop,” as the industry saying has it.

Then, there are even more tax benefits that can be used when they do meet their demise — at least to benefit their heirs. For starters, all the gains in the value of the moguls’ properties are wiped out for tax purposes (a process known by the wonky phrase “step-up in basis”). The tax slate is similarly wiped clean when it comes to the depreciation write-offs that were taken on the properties. The heirs don’t have to pay depreciation recapture taxes.

Real estate heirs then get another quirky benefit: They can depreciate the same buildings all over again as if they’d just bought them, using the piggy bank of write-offs to shield their own income from taxes.

As for Ross, after filing his taxes for 2017, he still had a storehouse of tax losses that ProPublica estimates exceeded $440 million. It was entirely possible that he’d never pay federal income taxes again.

If you’re looking to get richer while telling the tax man you’re getting poorer, it’s hard to beat real estate development. But the oil and gas industry provides stiff competition.

Privileged as the lifeblood of the economy, the energy sector has long been lavished with tax breaks. Provisions dating to the 1910s allow drillers to immediately write off a large portion of their investments, essentially subsidizing oil and gas exploration.

One special gift from U.S. taxpayers to oil drillers is called depletion. The idea is grounded in common sense: As oil (or gas or coal) is taken out of the ground, there’s less left to collect later. That bit-by-bit depletion — analogous to depreciation — becomes a tax write-off. Each year, oil investors get to deduct a set percentage of the revenue from the property.

But investors can keep on deducting that set amount indefinitely, even after they’ve recouped their investment, a benefit that had its critics almost from the beginning. The idea was “based on no sound economic principle,” groused the Joint Committee on Taxation in 1926. Yet only in the 1970s was the depletion provision meaningfully curtailed, and then mainly for the largest oil producers. Congress left it in place for independent operators like wildcatters, long venerated as a cross between plucky entrepreneurs and cowboys.

Today the ranks of billionaires are filled with these independent operators. They get the best of both worlds: legacy tax breaks from the days when oil exploration was a crapshoot and current technology that makes the business much less speculative.

These tax breaks have long outlived their initial purpose of encouraging drilling, said Joseph Aldy, a professor of the practice of public policy at the John F. Kennedy School of Government at Harvard University. Now “we’re just giving money to rich people.”

Billionaires in the industry collect enough deductions to dwarf even vast incomes. Of the 18 billionaires ProPublica previously identified as having received COVID-19 stimulus checks last year — they were eligible because their huge tax write-offs resulted in reported incomes that fell below the middle-class cutoffs for receiving payments — six made their fortunes in the oil and gas industry.

One was Trevor Rees-Jones, who rode the shale fracking boom to build a fortune of over $4 billion while shrinking his federal income taxes to nothing.

His tax returns show huge income, over a billion dollars in total from 2013 to 2018, but even more enormous deductions. In 2013, for instance, Rees-Jones’ company, Chief Oil & Gas, made a major move, acquiring 40 natural gas wells in Pennsylvania’s Marcellus Shale for $500 million. Hundreds of millions in write-offs for that acquisition flowed to Rees-Jones’ taxes.

A spokesman for Rees-Jones declined to comment.

Another Texan, Kelcy Warren of the pipeline giant Energy Transfer, shows how the industry’s tax breaks, when blended with others that are more broadly available, can turn a wildly profitable company into a tax write-off for its owner, even as he reaps billions of dollars in income.

Warren, who co-founded Energy Transfer in the 1990s, is worth about $3.5 billion, according to Forbes. He built the company on a plan of aggressive expansion, through both acquisitions and building pipelines. “You must grow until you die,” he has said.

Warren’s aggressive strategy has allowed him to amass billions of dollars in income, only a small portion of which is taxed. (Representatives for Warren did not respond to requests for comment.)

Energy Transfer is publicly traded, but it’s structured as a special kind of partnership, called a master limited partnership. Only public companies in oil and gas, as well as a few other industries, can take this form.

Partnerships work differently than corporations. A corporation is a separate entity from its investors: The corporation pays taxes on its profits, and the investors pay taxes on the dividends they receive. By contrast, partnerships, including master limited partnerships, don’t generally pay taxes. Only the investors (the partners) pay taxes on their share of the partnership’s profits.

But when Energy Transfer sends regular cash distributions to its partners, these payments are, in most cases, considered a “return of capital” rather than a profit. They come tax free.

Warren’s stake in Energy Transfer — he is the primary general partner and holds hundreds of millions of units of the publicly traded limited partnership — has long entitled him to receive hundreds of millions of dollars in distributions every year, which have helped fund an outsize lifestyle. In addition to a 23,000-square-foot home in Dallas, which boasts a 200-seat theater, a bowling alley and a baseball field, he also has a fleet of private planes, an entire Honduran island, and an 11,000-acre ranch near Austin that has giraffes, javelinas and Asian oxen.

From 2010 to 2018, Warren was entitled to receive more than $1.5 billion in cash distributions, according to ProPublica’s analysis of company filings. During that time, Warren also disclosed an additional $500 million in income from other sources on his tax returns.

But in six of the nine years, he told the IRS he’d lost more money than he’d made. In four of them, he paid nothing.

Warren was able to wipe out his income tax liabilities because Energy Transfer provided him with huge deductions, not only from depletion and other tax breaks specific to oil and gas, but also from the way his company is allowed to account for depreciation.

After Energy Transfer builds a new pipeline, its value becomes an asset, one that will degrade over time, and thus produces depreciation deductions. All of that is standard. What’s unusual is that the tax code has long allowed Energy Transfer and its peers to treat the pipeline as if it lost more than half its value immediately. This “bonus depreciation” can wipe out billions in profits; indeed, in 2018, Energy Transfer reported $3.4 billion in profits in its annual public filing while simultaneously delivering big tax losses to its partners.

Lawmakers from both parties have supported bonus depreciation on the theory that the tax break, which is available across many industries, boosts spending on new equipment and juices the economy. But Trump and Republicans took the idea to its extreme in 2017 with two key changes that benefited aggressive companies like Energy Transfer in particular.

Under the new tax law, the “bonus” rose from 50% to 100%. In other words, for tax purposes, a shiny new pipeline becomes worthless upon completion. Second, the new law contained an even greater perk: It extended to the purchase of used equipment. This means that when a big company like Energy Transfer buys the assets of a smaller one, the value of all the smaller company’s equipment can be written off immediately.

Warren’s tax data reflects the benefits of this to individual owners. He entered 2018 already having built up an $82 million store of losses, and by the end of the year, he had increased it to over $130 million, ProPublica estimates.

Warren is a major Republican donor, having given $18 million to federal and state Republicans since 2015. Most of that went to supporting Trump, who was once an Energy Transfer investor.

Warren’s closeness to the Trump administration seemed to pay off. Days after taking office in 2017, Trump ordered the Army to reconsider a decision to block Energy Transfer’s Dakota Access Pipeline, whose planned path under a reservoir and near the Standing Rock Sioux Reservation had sparked strong opposition. Two weeks later, the pipeline was approved. Energy Transfer boasted record profits in the years that followed.

The company’s biggest quarter ever came last year. The reason? A $2.4 billion windfall from the worst winter storm to hit Texas in decades. Hundreds of Texans died. Utilities scrambled and prices for natural gas soared. San Antonio’s largest utility later accused Energy Transfer of “egregious” price gouging and sued to recoup some payments. The city’s mayor called Energy Transfer’s actions “the most massive wealth transfer in Texas history.” No company profited more, reported Bloomberg. (A spokesperson for Energy Transfer responded that the company had merely sold gas “at prevailing market prices.”)

It was a characteristic victory for Warren, who once said, “The most wealth I’ve ever made is during the dark times.”

Nobody knows just how many of the ultrawealthy are able to completely wipe out their income tax bills using business losses. The IRS publishes all sorts of reports analyzing the traits of taxpayers at different income levels, but its analysis typically starts with people who report $0 or more in income, thus excluding anyone who reported negative income.

But while the scope of the problem isn’t known, policymakers are well aware of techniques taxpayers use to game the system. Congress periodically seeks to tighten tax loopholes (often when it has ambitious spending initiatives it needs to pay for). For his part, President Joe Biden put forward plans this spring that would have axed a variety of oil and gas tax breaks, including percentage depletion. Master limited partnerships, the corporate form that Energy Transfer uses, were on the chopping block. In real estate, the special like-kind exchange carve-out was slated for elimination. The plans would have killed even the step-up in basis, the crucial provision that enables titans in both industries to reap huge deductions without worrying about a future income tax bill.

But as in the past, lobbyists for these industries rallied to preserve their privileged status, and these proposals were dropped.

A novel reform proposal still survives. Recent versions of Biden’s Build Back Better plan have contained a provision that would prevent wealthy taxpayers from using outsize losses from their businesses to wipe out other income in the future.

However, even if this proposal makes it into law, older losses that predate the legislation would still have a privileged status, immune to the new limitations. The biggest losers, it appears, will once again emerge unscathed.

Originally published on ProPublica by Jeff ErnsthausenPaul Kiel and Jesse Eisinger and republished under a Creative Commons License (CC BY-NC-ND 3.0)

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.Series: The Secret IRS Files Inside the Tax Records of the .001%

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How Steve Bannon Has Exploited Google Ads to Monetize Extremism

by Craig Silverman and Isaac Arnsdorf

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

Almost a year ago, Google took a major step to ensure that its ubiquitous online ad network didn’t put money in the pocket of Steve Bannon, the indicted former adviser to Donald Trump. The company kicked Bannon off YouTube, which Google owns, after he called for the beheading of Anthony Fauci and urged Trump supporters to come to Washington on Jan. 6 to try to overturn the presidential election results.

Google also confirmed to ProPublica that it has at times blocked ads from appearing on Bannon’s War Room website alongside individual articles that violate Google’s rules.

But Bannon found a loophole in Google’s policies that let him keep earning ad money on his site’s homepage.

Until Monday, the home page automatically played innocuous stock content, such as tips on how to protect your phone in winter weather or how to improve the effectiveness of your LinkedIn profile.

The content likely had no interest for War Room visitors, especially since it was interrupted every few seconds by ads. But the ads, supplied through Google’s network, came from such prominent brands as Land Rover, Volvo, DoorDash, Staples and even Harvard University.

Right below that video player was another that featured clips from Bannon’s “War Room” podcast, which routinely portrays participants in the Jan. 6 Capitol riot as patriots and airs false claims about the 2020 election and the COVID-19 pandemic.

The video player running Google ads amid innocuous clips disappeared from Bannon’s website on Monday, after ProPublica inquired with Google, Bannon and advertisers. The change was not Google’s doing: Google spokesperson Michael Aciman said the player did not break the company’s rules. He said Google’s policies were effective in preventing ads from ending up on sites with “harmful content.”

“We have strict policies that explicitly prohibit publishers from both promoting harmful content and providing inaccurate information about their properties, misrepresenting their identity, or sending unauthorized ad requests,” Aciman said. “These policies exist to protect both users and advertisers from abuse, fraud or disruptive ad experiences, and we enforce them through a mix of automated tools and human review. When we find publishers that violate these policies we stop ads from serving on their site.”

A spokesperson for Bannon, who was indicted this month for stonewalling Congress’ bipartisan investigation into the Jan. 6 insurrection, declined to answer questions for this article.

Zach Edwards, the founder of Victory Medium, a consulting firm that advises companies on online advertising, said the digital ad industry, including Google, is rife with loopholes and bad behavior, and its complexity prevents advertisers from understanding what they’re funding. “A lot of times ad buyers just shrug their shoulders and are like, ‘It’s video ads, what can you do?’” he said.

Of Bannon’s dodge and Google’s acquiescence to it, Edwards added, “Nothing about this is aboveboard.”

The vast majority of online ads aren’t purchased through direct relationships with the sites on which they appear. Instead, brands use automated ad exchanges like Google’s that rely on real-time auctions to automatically place ads in front of people who fit a brand’s target audience. As long as Google keeps the War Room website in its network, and as long as brands don’t specifically block it from their ad buys, Bannon’s site can keep collecting money. Warroom.org draws between 450,000 and 1 million visits a month, according to traffic tracker SimilarWeb.

And Google takes a cut of each dollar from ads it places on the War Room site.

“For most advertisers, having an ad placed on a Steve Bannon-affiliated outlet is the stuff of nightmares,” said Nandini Jammi, the co-founder of Check My Ads, an ad industry watchdog. “The fact that ad exchanges are still serving ads should tell brands that their vendors are not vetting their inventory, and I wouldn’t be surprised if advertisers who have found themselves on War Room request refunds.”

Companies contacted by ProPublica said they didn’t intend to advertise on War Room’s site and would take steps to stop their ads from appearing there. Land Rover called the ad “an error.” Harry Pierre, a spokesperson for Harvard’s Division of Continuing Education, said the school is working with its ad buyer to update its list of unwanted websites. Adobe said its ad was a violation of its brand safety guidelines. “We worked with the ad partner to remove the ads from the site,” a spokesperson said.

DoorDash also blamed a third-party vendor. “DoorDash’s mission is to empower local communities and provide access to opportunity for all, and we stand against the spread of disinformation that undermines those principles,” the company said in a statement.

Spokespeople for Volvo did not respond to requests for comment.

Meanwhile, Google may have banned a different site affiliated with Bannon. Until recently, the site Populist Press earned money via Google’s ad network. The site, styled to imitate the Drudge Report, was prominently linked on the War Room homepage and draws roughly 5 million visits a month, according to SimilarWeb.

According to an online disclosure from a former advertising partner, Populist Press is affiliated with August Partners, a Colorado company registered to Amanda Shea, whose husband, Tim Shea, was a partner of Bannon’s in We Build the Wall initiative. Bannon and allies used We Build the Wall to solicit money to fulfill Trump’s campaign promise of a wall on the U.S.-Mexico border. Federal prosecutors accused Bannon, Tim Shea and other associates of misusing the money, and Trump pardoned Bannon before leaving office. An attorney for Tim Shea, who is awaiting trial, declined to comment, and Amanda Shea did not respond to a request for comment.

At some point during the week of Nov. 15, Populist Press stopped showing Google ads — and it stopped being promoted on the War Room homepage. Aciman, the Google spokesperson, declined to comment on whether Google had banned Populist Press, but said that the site “is not monetizing using our services.”

Bannon’s “War Room” podcast draws a massive audience, with more than 100 million total downloads across more than 1,000 episodes, available on platforms including Apple’s. A sort of far-right “Meet the Press,” it’s the go-to talk show for pro-Trump influencers and Republican hopefuls. Frequently using violent imagery, Bannon and his guests promote new ways of trying to overturn the election, such as demanding “audits” of the 2020 ballots. Since February, Bannon has inspired thousands to take over local-level Republican Party committees, unlocking influence over how elections are run from the ground up.

On his podcast in 2020, Bannon called for the beheading of Fauci and FBI director Chris Wray. On the eve of Jan. 6, Bannon said, “We’re on the point of attack” and “all hell will break loose tomorrow.” Bannon was also reportedly involved in the Trump team’s command center on the day of the riot, which is part of congressional investigators’ interest in his testimony and records. Since the insurrection, Bannon has taken up the cause of people held on charges related to the Capitol riot.

In addition to his podcast, Bannon has spun a complex web of political and business ventures. He co-founded a training academy for right-wing nationalists that got mired in a legal dispute with the Italian government over control of a medieval monastery near Rome. A media company he launched with Guo Wengui, a fugitive Chinese billionaire on whose yacht Bannon was arrested in 2020, was part of a $539 million settlement with the Securities and Exchange Commission in September for illegally marketing digital currency. Before advising Trump, Bannon had a wide-ranging career in finance and movies, and his pardon from Trump lifted a $1.75 million lien against his house in Laguna Beach, California.

Bannon’s megaphone is not just influential. It’s also lucrative. His show and website have promoted fellow election fraud evangelist Mike Lindell’s MyPillow business, as well as a cryptocurrency investing newsletter called TheCryptoCapitalist. (The marketers of an unproven COVID-19 treatment that Bannon promoted were sued by the Justice Department and the Federal Trade Commission in April. The chiropractor behind the treatment denies the government’s accusations.) The War Room site also contains ads from MGID, a network that places content ads that look like links to related articles and sometimes promote dubious health or financial products.

It’s not clear how much money Bannon makes from online ads. But industry data shows that the links placed by MGID are much less profitable than the video ads facilitated by Google. (MGID did not respond to a request for comment.)

The issue is that major brands likely have no idea that they’re advertising on the site of one of the biggest perpetrators of bogus election fraud claims. That disconnect between brands and where their ads and money end up is a failure of digital advertising and a concern for consumers, according to industry experts.

“Over the past few years, consumers have become really vocal about buying from brands that are aligned with their values,” said Jammi of Check My Ads. “When they find out a brand is funding toxic content, that matters to them.”

A similar scenario has played out with ads that aired during Bannon’s podcast airing on a right-wing website called Real America’s Voice. In March, for instance, an ad for prescription coupon company GoodRx appeared on Bannon’s show.

“We take the trust and reputation of our brand very seriously and have strict advertising standards in place, which include not participating in heavily editorialized news programming,” the company said in an emailed statement to ProPublica. “This placement was an error in the media buying policies.”

Bannon’s show also airs on Pluto TV, a streaming service owned by ViacomCBS that is available on Roku and other devices. This month, the show on Pluto featured ads for such major companies as Men’s Wearhouse, Lexus and Procter & Gamble, according to monitoring by the liberal watchdog Media Matters. As with the Google video ads on the War Room website, these ads are not placed directly, and companies were at a loss to explain why they had appeared on Bannon’s show. (Bannon’s podcast is available in the Google Podcasts app, but the company does not place ads in it.) A Lexus spokesperson said the company’s ad was briefly on Bannon’s site and taken down. A spokesperson for Procter & Gamble did not respond to a request for comment.

“Our marketing spend follows targeted customers, rather than choosing specific programs we want to appear alongside,” said Mike Stefanov, a spokesperson for Tailored Brands, which owns Men’s Wearhouse. “The team continually refines the criteria used, but the appearance of advertising on a specific program does not necessarily mean the company agrees with or endorses the views espoused.”


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“They’re Lying”: Lots of Climate Misinformation Detected During Testimony of Big Oil CEOs

Above: Photo Collage / Lynxotic / Adobe Stock

“There is no longer any question: These companies knew and lied about their product’s role in the climate crisis, they continue to deceive, and they must be held accountable.”

Fossil fuel executives who testified Thursday at a U.S. House of Representatives hearing focused on decades of coordinated industry misinformation refused to pledge that their companies will stop lobbying against efforts to combat the climate emergency driven largely by their businesses.

That joint refusal came in response to a challenge from Rep. Carolyn Maloney (D-N.Y.), chair of the House Committee on Oversight and Reform—who at the end of the hearing announced subpoenas for documents the fossil fuel companies have failed to provide.

Earlier in the hearing, Maloney had asked if the Big Oil CEOs would affirm that their organizations “will no longer spend any money, either directly or indirectly, to oppose efforts to reduce emissions and address climate change.”

Advocates for climate action pointed to the moment as yet another example of major polluters impeding planet-saving policy.

“The silence, non-answers, and repeated deflections from Big Oil’s Slippery Six exposed once and for all that the fossil fuel industry won’t back off its commitment to spreading climate disinformation and lobbying against climate action in order to protect their bottom line,” Richard Wiles, executive director of the Center for Climate Integrity, said in a statement.

“For the first time ever, fossil fuel executives were confronted under oath with the evidence of their industry’s decadeslong efforts to deceive the American people about climate change,” Wiles continued. “They not only refused to accept responsibility for lying about the catastrophic effects of their fossil fuels—they refused to stop funding efforts to spread disinformation and oppose climate action.”

“There is no longer any question: These companies knew and lied about their product’s role in the climate crisis, they continue to deceive, and they must be held accountable,” he added. “Today’s hearing and the committee’s ongoing investigation are important steps in those efforts.”

Maloney and Rep. Ro Khanna (D-Calif.), who chairs the panel’s Subcommittee on the Environment, had threatened to subpoena the industry leaders—collectively dubbed the #SlipperySix—if they declined to join the hearing, entitled, “Fueling the Climate Crisis: Exposing Big Oil’s Disinformation Campaign to Prevent Climate Action.”

The historic event included testimony from four industry executives—ExxonMobil CEO Darren Woods, BP America CEO David Lawler, Chevron CEO Michael Wirth, Shell Oil president Gretchen Watkins—and leaders from industry trade groups: American Petroleum Institute (API) president Mike Sommers and U.S. Chamber of Commerce president and CEO Suzanne Clark.

Kyle Herrig, president of the watchdog group Accountable.US, warned that “lawmakers should be wary of testimony from executives who have consistently put their industry’s bottom line over the health of the climate and the American people, no matter their rhetoric.”

Geoffrey Supran and Naomi Oreskes, a pair of climate misinformation scholars at Harvard University, have warned of a “fossil fuel savior frame” that “downplays the reality and seriousness of climate change, normalizes fossil fuel lock-in, and individualizes responsibility.”

Both Oreskes and Fossil Free Media director Jamie Henn observed the presence of such framing during the hearing. Henn said that “it’s striking how much all these Big Oil execs come across as hostage-takers: ‘You need us. You can’t live without us. You’ll never escape.”

The fossil fuel witnesses’ initial remarks and responses to lawmakers’ questions were full of industry talking points. They advocated for “market-based solutions” like carbon taxes while failing to offer specifics. They also highlighted carbon capture, utilization, and storage (CCUS) technology and hydrogen—both of which progressive green groups have denounced as “false solutions”—as key to reaching a “lower-carbon future.”

While suggesting a long-term need for oil and gas, the executives claimed to believe in anthropogenic climate change and said fossil fuel emissions “contribute” to global heating. Some critics called them out for using that term, rather than “cause” or “drive.”

Using the the word “contribute” rather than cause, saidHuffPost environment reporter Chris D’Angelo, “downplays/dismisses the science, which shows they are the primary driver… Frankly, it’s climate denial—the very topic of this hearing.”

After inquiring about how long all four executives had been in their current roles, the panel’s ranking member, Rep. James Comer (R-Ky.), asked whether they had ever signed off on a climate disinformation campaign. They all said no—which experts and activists promptly disputed.

While progressives on the panel grilled the executives, Republicans repeatedly apologized to the CEOs for Democrats’ supposed “intimidation” efforts. Blasting the GOP lawmakers’ actions as “pathetic,” Henn said that “they really do see themselves as servants to Big Oil.”

The panel’s GOP members also tried to redirect attention to planet-heating activities of other countries, particularly China, and complained about President Joe Biden’s move to block the controversial Keystone XL pipeline, even inviting Neal Crabtree, a welder who lost his job when the project was canceled, to testify.

“The GOP’s strategy at this hearing is clear: It will not attempt to claim Big Oil *didn’t* mislead on climate,” tweeted climate reporter Emily Atkin of the HEATED newsletter. “Instead, the GOP is claiming Democrats are wasting time by focusing on climate change, and that it isn’t important to ‘everyday Americans.'”

Thanking Atkin for spotlighting the Republicans’ strategy, ClimateVoice noted that new polling shows the U.S. public does care about the issue. According to survey results released this week, a majority of Americans see climate as a problem of high importance to them and support Congress passing legislation to increase reliance on clean electricity sources.

Maloney, in her closing remarks Thursday, lamented that the hearing featured “much of the denial and deflection” seen in recent decades. She also called out the companies for not turning over requested documents, refusing to “take responsibility” for their contributions to the climate crisis, and continuing to fund groups like API. The chair vowed that her committee will continue its investigation.

Originally published on Common Dreams by JESSICA CORBETT and republished under Creative Commons License (CC BY-NC-ND 3.0

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