Saturday, October 29, 2011

Broken System: LIRR Pension Scam is the latest Public Employee / Union Criminal Abuse

Endless corruption in the public employee sector: LIRR, NYPD ticket fixing scandal; Congressman Rangel, Congressman Meeks, Dept. of Energy / Solyndra ... it is just unending.

http://www.nationalreview.com/corner/281597/public-employees-busted-retirement-scheme-nathaniel-botwinick

Public Employees Busted in Retirement Scheme

Employees of the Long Island Railroad (LIRR) have defrauded that organization of over $1 billion over the last seven years. In as many as 500 cases, LIRR employees falsely claimed disability benefits to supplement their pensions, employing a sophisticated scheme involving special “facilitators” and doctors operating “disability mills.” Eleven defendants have been named so far, including a former president of the railroad union; each has been charged with conspiracy to commit health-care fraud and mail fraud.

There were three doctors who participated in this scheme, and in return they received cash payments between $800 and $1,200 — along with millions in health-insurance fees for unnecessary procedures. These procedures, which included X-rays, MRIs, and physical therapy, were used to bolster their patients’ files for later claims. Afterwards, they provided patients with falsified medical assessments, claiming that it would be impossible for them to continue working. The LIRR employees would then immediately retire with both their regular and disability pensions.

The LIRR employees also collaborated with a few “facilitators,” who helped falsify disability applications and coordinated with the doctors’ offices. One of these facilitators, Joseph Rutigliano, was a former LIRR union president who had also falsely claimed disability benefits. Before retiring, he worked over 500 hours of overtime and took no sick days, yet applied for disability benefits due to back pain immediately upon retirement. His condition did not prevent him from playing golf several times a month.

Other brazen disability claims included that of Gregory Noone, who collected $105,000 a year; he claimed that “he suffered severe pain when gripping and using simple hand tools and pain in his knees, shoulder, and back from bending or crouching.” Yet this pain did not slow down his post-retirement tennis and golf games. Similarly, Steven Gagliano’s “severe and disabling pain in [his] back, shoulder and legs,” which rendered him “occupationally disabled,” did not prevent him from participating in a 400-mile bike trip across northern New York.

The structure of the LIRR’s pension system encouraged this massive scam. As early as age 50, a LIRR employee can retire and collect a LIRR pension, but has to wait until the age of 65 before he or she can claim a federal Railroad Retirement Benefit (RRB). However, if the employee is declared disabled immediately upon retirement, then that employee is entitled to both the LIRR pension and the RRB. This allows for the collection of an income equal to his or her previous base salary. In other words, the system created the incentives for deception by employees.

The high rate of disability claims at the LIRR relative to Metro North, a comparable regional railroad that does not have retirement at 50, illustrates this situation: Seventy-nine percent of LIRR employees over 50 claimed disability benefits, while only 15 percent of Metro North employees did.

Thus, while the LIRR scandal is a story of fraud, the real lesson lies in the dangers for abuse in entitlement systems.



The NY Post is also all over this LIRR story ...

Constituents Not Happy w/ OWS being supported by local NYC politicians

Elected local pols such as Scott Stringer, Margaret Chin and Daniel Squadron, all do nothing left-leaning politicians, come under fire from Downtown Residents, as does Community Board 1.

The above are supposed to represent people living in the area, not the Zuccotti Park squatters.


Wall Street’s Community Board Sides Against Its Residents

I wrote last week about how Wall Street–area residents were beginning to stir against their occupiers. Last week, over the objections of these residents, the members of Community Board 1 passed a resolution recommending that the Wall Street Occupiers be allowed to remain in Zuccotti Park indefinitely.

Here is a statement that Linda Gerstman, one of those residents, made to the Community Board:

We live in a community that was finally rebounding from September 11th. My fellow neighbors and I chose to live here despite many inconveniences (like limited car access) due to national security.

The protesters have driven our neighborhood into the proverbial toilet (pun intended). Not only does the occupation impact the park and the adjacent streets – where it smells like rotting food and raw sewage – but also impacts us blocks away.

Barricades have been erected in order to block their access to landmarks and terrorist targets. These barricades also prohibit residents from walking freely in their own neighborhood.

Children are frightened, the elderly are forced to walk blocks out of their way to fill a prescription, and our sidewalks are soiled because dogs don’t have access to the curbs.

Local retailers and restaurants are reporting drops in foot traffic and sales. Real EstateBrokers are seeing decreased activity in terms of responses to listings – which has a direct impact on our property values. Several of my neighbors have fled the neighborhood and are selling their apartments.

Our building has been burgled three times by protesters – once to wedge all access doorsopen (likely for future break-ins), once to hang a protest banner from a window and once to vandalize our building in the name of “art”. So now, not only are we significantly inconvenienced, we are now in fear of our safety and security.

Quite frankly, we are not interested in a “good neighbor policy”. These occupiers are not our neighbors. Our neighbors don’t beat on drums while children are napping, our neighbors do not verbally attack people on their way to work, our neighbors do not break in and vandalize buildings, our neighbors do not urinate and defecate in the street. The occupiers need to vacate our neighborhood.

This is our home. We are not the enemy. Many of the protesters go home at night to their homes in outside neighborhoods and live peacefully while our home life has become unbearable.

I support free speech, free expression, and equal justice for all, but it shouldn’t be at the expense of innocent bystanders. An unfortunate consequence of this is that these individuals are clearly stating that their rights should be taken more seriously than our rights. And that isn’t a fair tradeoff. Why should our basic rights of living peacefully in our homes be trampled on by those who don’t reside in the neighborhood, create unsanitary conditions, cause undue safety issues, and commit crimes. Where is the justice in that?

The question the elected officials must ask themselves is whether they stand for the individuals who have knowingly decided that the law does not pertain to them and side with out of towners or enforce the law and adequately protect those that put them in office. The answer to this question will be apparent in their actions and the members of the community will judge you in this light on election day.

Margaret Chin, who represents the Financial District in the New York City Council, andDaniel Squadron, who serves the same role in the New York State Senate, have been among the leading advocates of their district’s continued occupation. It’s not clear what will change (other than the weather), until and unless someone decides to run against them.

Occupy Wall Street -to real Homeless people - the 99% excludes You !

The 300-500 wussy, free-loader anarchists, leftists and assorted professional complainers were enjoying a free lunch - literally - with gourmet meals provided free by symptathetic chefs.

That is, until unwanted rabble, who most likely thought that they too were part of the 99%, started showing up for some free grub.

The protestors, it seems, don't care much for the homeless and ex-cons showing up in Zuccotti Park for some free food. The Nerve of the Homeless to think that this "movement" would be truly representing them too !

Listen Up You Vagrants - Get Thee to a Soup Kitchen Instead !


Instead of sharing, OWS "will provide directions to local soup kitchens for the vagrants and other freeloaders who have been descending on Zuccotti Park".

Hey, aren't they all Freeloaders down there ??


Sunday, October 9, 2011

Obama Pivots Again - To His Re-Election Campaign

Forget about the economy, forget about jobs, President Hopey Dope has given up hope and is out electioneering and fundraising pretty much full time.

Maybe he should just spend more time on the golf course ...


Bruce Krasting says his "pass my jobs bill" is all about getting re-elected by trying to buy some 2012 votes - and he's probably right: http://www.zerohedge.com/contributed/politics-money-and-ows

Michael Goodwin: Aimless Obama Walks Alone

And Scandals are Lurking out there: Solyndra, and Fast & Furious. When Does AG Eric Holder (he of the Marc Rich pardon, the New Black Panther Party whitewash and assorted other fiascos, get perp-walked, or at least fired ?? http://www.nypost.com/p/news/opinion/editorials/no_justice_from_justice_QBY3tMJGtJbaI5DjVLoTDM

Kyle Smith: Why is Obama making bad bets w/ our money ?

Saturday, September 24, 2011

UN Theater of the Absurd Week is now over

Thanks, and good riddance ! My regard for this fine institution is even below my regard for the current occupant of the White House and Congress.

As noted by Israel's Netanyahu, only in the corrupt cesspool known as the United Nations,

Well, this is an unfortunate part of the U.N. institution. It's the -- the theater of the absurd. It doesn't only cast Israel as the villain; it often casts real villains in leading roles: Gadhafi's Libya chaired the U.N. Commission on Human Rights; Saddam's Iraq headed the U.N. Committee on Disarmament.

You might say: That's the past. Well, here's what's happening now -- right now, today. Hezbollah-controlled Lebanon now presides over the U.N. Security Council. This means, in effect, that a terror organization presides over the body entrusted with guaranteeing the world's security.

You couldn't make this thing up.


Lowlights:

Abbas (aka "Arafat in a suit") & Palestinian Rejectionist Theater:


and

Achmedinijad, the apocalyptic leader of Iran.


Mahmoud Ahmadinejad is not a world leader worthy of the world stage. He is the evil leader of an Iranian death cult. A new U.N. report indicates that he is making progress in building nuclear weapons. He has predicted the arrival of the Twelfth Imam and called for wiping Israel “off the map.” He aspires to be a mass murderer beyond the scale of history’s great dictators. He deserves to be in prison, or an insane asylum. His speech on Thursday before the United Nations General Assembly was further proof, if any more were needed.

Did you see Ahmadinejad’s apocalyptic address, or read the full text? You should. It’s instructive. Unfortunately, you won’t find Ahmadinejad’s full speech reprinted in the major newspapers. It was pitifully covered by the mainstream media. It should have been carefully analyzed.



Highlights:


An Excerpt:

Today I hope that the light of truth will shine, if only for a few minutes, in a hall that for too long has been a place of darkness for my country. So as Israel's prime minister, I didn't come here to win applause. I came here to speak the truth. (Cheers, applause.) The truth is -- the truth is that Israel wants peace. The truth is that I want peace. The truth is that in the Middle East at all times, but especially during these turbulent days, peace must be anchored in security. The truth is that we cannot achieve peace through U.N. resolutions, but only through direct negotiations between the parties. The truth is that so far the Palestinians have refused to negotiate. The truth is that Israel wants peace with a Palestinian state, but the Palestinians want a state without peace. And the truth is you shouldn't let that happen.


Also read:



In this theater of the absurd, a United Nations dominated by third world thugs and grievance mongers, it is the useless Abbas that gets a standing ovation for his wooden, rejectionist speech, while Netanyahu's words of truth, hope and compromise, are met with largely a stony silence.

Sunday, September 18, 2011

Mark Steyn on Obama's joke of a jobs "bill"

http://www.nationalreview.com/articles/277492/pass-jobs-bill-mark-steyn

‘Pass This Jobs Bill!’
There is no bill, it won’t “create” any jobs, and it will be paid for with money we don’t have.

The president has taken to the campaign trail to promote his “American Jobs Act.” That’s a good name for it: an act. “Pass this bill now!” he declared 24 times at a stop in Raleigh, N.C., and another 18 in Columbus, Ohio, and the act is sufficiently effective that, three years into the Vapidity of Hope, the president can still find crowds of true believers willing to chant along with him: “Pass this bill now!”

Not all supporters are content merely to singalong with the prompter-in-chief. In North Carolina, a still-devoted hopeychanger cried out, “I love you!”

“I love you, too,” said the president. “But . . . ”

Oh, no, here it comes: conditional love. “But, if you love me, you’ve got to help me pass this bill!” You’d be surprised how effective this line is: I tried it on Darlene in the back of my Ford Edsel when I was 17 and we didn’t get home till two in the morning.

Pass this bill now, or I’ll say “Pass this bill now!” another two dozen times! With this latest inspiration, Obama has taken the post-modern phase of democratic politics to a whole new level. “Pass this jobs bill”? Simply as a matter of humdrum reality, there is no bill, it won’t “create” any jobs, and it will be paid for with money we don’t have. But the smartest president in history has calculated that, if he says the same four monosyllables over and over, a nonexistent bill to create nonexistent jobs with nonexistent money will be yet another legislative triumph in the grand tradition of his first stimulus (the original Dumb and Dumberto the sequel’s Stimulus and Stimulusser).

The estimated cost of the non-bill is just shy of half a trillion dollars. Gosh, it seems like only yesterday that Washington was in the grip of a white-knuckle, clenched-teeth showdown over whether a debt-ceilingdeal could be reached before the allegedly looming deadline. When the deal was triumphantly unveiled at the eleventh hour, it was revealed that our sober, prudent, fiscally responsible masters had gotten control of the runaway spending and had carved (according to the most optimistic analysis) a whole $7 billion dollars of savings out of the 2012 budget. The president then airily breezes into Congress and in 20 minutes adds another $447 billion to the tab. That’s what meaningful course-correction in Washington boils down to: Seven billion steps forward, 447 billion steps back.

This $447 billion does not exist, and even foreigners don’t want to lend it to us. A majority of it will be “electronically created” by the Federal Reserve buying U.S. Treasury debt. Don’t worry, it’s not like “printing money”: We leave that to primitive basket cases like Zimbabwe. This is more like one of those Nigerian e-mail schemes, in which a prominent public official promises you a large sum of money in return for your bank-account details. In the case of Ben Bernanke and Timothy Geithner, one prominent public official is promising to wire a large sum of money into the account of another prominent public official, which is a wrinkle even the Nigerians might have difficulty selling.

But not to worry. On Thursday night, the president told a Democratic fundraiser in Washington that the Pass My Jobs Bill bill would create 1.9 million new jobs. What kind of jobs are created by this kind of magical thinking? Well, they’re “green jobs” — and, if we know anything about “green jobs,” it’s that they take a lot of green. German taxpayers subsidize “green jobs” in their wind-power industry to the tune of a quarter of a million dollars per worker per year: $250,000 per “green job” would pay for a lot of real jobs, even in the European Union. Last year, it was revealed that the Spanish government paid $800,000 for every “green job” on a solar-panel assembly line. I had assumed carelessly that this must be a world record in terms of taxpayer subsidy per fraudulent “green job.” But it turns out those cheapskate Spaniards with their lousy nickel-and-dime “green jobs” subsidy just weren’t thinking big. The Obama administration’s $38.6 billion “clean technology” program was supposed to “create or save” 65,000 jobs. Half the money has been spent — $17.2 billion — and we have 3,545 jobs to show for it. That works out to an impressive $4,851,904.09 per “green job.” A world record! Take that, you loser Spaniards! U.S.A.! U.S.A.!

So, based on previous form, Obama’s prediction of 1.9 million new jobs will result in the creation of 92,000 new jobs, mostly in the Federal Department of Green Jobs Grant Applications.

Just to put it in perspective, the breezy $447 billion price tag for the Pass My Jobs Bill jobs bill is about 20 times higher than the most recent Greek government deficit currently threatening the stability of the entire eurozone. Indeed Greece’s projected 2011 deficit — $24 billion at last count — is little more than half of just one of Obama’s boutique, niche “green jobs” programs. As Churchill almost said, never in the field of human con tricks has so much been owed by so many to so little effect.

Fortunately, there is no “American Jobs Act.” Indeed, the other day, tired of waiting for Obama to turn his telepromptered pseudo-bill into a typewritten actual bill, the Texas congressman Louie Gohmert waggishly introduced an “American Jobs Act” all of his own. But back on the campaign trail the chanting goes on, last week’s election results in Nevada and New York notwithstanding. America has the lowest employment since the early Eighties, the lowest property ownership since the mid-Sixties, the highest deficit-to-GDP ratio since the Second World War, the worst long-term unemployment since the Great Depression, the highest government-dependency rate of all time, and the biggest debt mountain in the history of the planet. And the president has just announced to the world that he’s checked the more-of-the-above box. The Pass My Jobs Bill jobs bill proclaims that this is all he knows and all he wants to know.

In my new book, I point out that Big Government leaves everything else smaller — and, when it’s bigger than anything ever attempted, the everything else is going to be way smaller. Maybe if you’re a “public service” worker or a tenured professor at Berkeley or a green-jobs racketeer or a New York Times columnist married to an heiress, you can afford Obama. But, if you’re not, look at your home, look at your savings, and figure out what’ll be left after another four years of “stimulus.”

“I love you!” squeals the Obammybopper in North Carolina. “I love you, too,” says Obama. “But . . . ”

But: You gotta take this half-trillion-dollar bill, and the next one, and the one after that. Like Al Gore says in Love Story, love means never having to say you’re sorry.

— Mark Steyn, a National Review columnist, is the author of After America: Get Ready for Armageddon. © 2011 Mark Steyn

The Solyndra Scandal - and it is a scandal

The more that slowly comes out, the uglier this looks ...





Solyndra Scandal Widening

My column this weekend is about the Solyndra scandal, and why I think it should be investigated as a criminal fraud. That would include a significant securities fraud angle: President Obama’s speech at Solyndra on May 26, 2010, was grossly misleading at a time when it was known that independent auditors had issued dire warnings about the failing solar-panel business’s chances of survival and when Solyndra’s Obama-connected backers were trying to sell the company’s stock on market.

Now there’s more: The Daily Caller reports that Solyndra actually sought a second federal loan in the astronomical sum of $469 million (which would have aggregated to well over $1 billion in taxpayer financing, for a company that was gushing red ink and was careening toward inevitable bankruptcy). The Daily Caller got the info from Solyndra’s SEC filing — and the site reports that the filing does not make clear whether the company got the second loan … and that Solyndra did not return the Daily Caller’s call to inquire.

One other thing: I did a ton of research for my column, and Andrew Stiles has done the best reporting you’ll find anywhere. There are links to it on the home-page (start here) and I highly recommend it to anyone who wants to understand what the controversy is all about.


The Solyndra Fraud
The solar-energy company was a con game.

The Solyndra debacle is not just Obama-style crony socialism as usual. It is a criminal fraud. That is the theory that would be guiding any competent prosecutor’s office in the investigation of a scheme that cost victims — in this case, American taxpayers — a fortune.

Fraud against the United States is one of the most serious felony offenses in the federal penal law. It is even more serious than another apparent Solyndra violation that has captured congressional attention: the Obama administration’s flouting of a statute designed to protect taxpayers.

Homing in on one of the several shocking aspects of the Solyndra scandal, lawmakers noted that, a few months before the “clean energy” enterprise went belly-up last week, the Obama Energy Department signed off on a sweetheart deal. In the event of bankruptcy — the destination to which it was screamingly obvious Solyndra was headed despite the president’s injection of $535 million in federal loans — the cozily connected private investors would be given priority over American taxpayers. In other words, when the busted company’s assets were sold off, Obama pals would recoup some of their losses, while you would be left holding the half-billion-dollar bag.

As Andrew Stiles reported here at NRO, Republicans on the Oversight and Investigations subcommittee say this arrangement ran afoul of theEnergy Policy Act of 2005. This law — compassionate conservatism in green bunting — is a monstrosity, under which Leviathan, which can’t run a post office, uses your money to pick winners and losers in the economy’s energy sector. The idea is cockamamie, but Congress did at least write in a mandate that taxpayers who fund these “investments” must be prioritized over other stakeholders. The idea is to prevent cronies from pushing ahead of the public if things go awry — as they are wont to do when pols fancy themselves venture capitalists.

On the Energy Policy Act, the administration’s malfeasance is significant, but secondary. That’s because the act is not a penal statute. It tells the cabinet officials how to structure these “innovative technology” loans, but it provides no remedy if Congress’s directives are ignored.

The criminal law, by contrast, is not content to assume the good faith of government officials. It targets anyone — from low-level swindlers to top elective officeholders — who attempts to influence the issuance of government loans by making false statements; who engages in schemes to defraud the United States; or who conspires “to defraud the United States, or any agency thereof, in any manner or for any purpose.” The penalties are steep: Fraud in connection with government loans, for example, can be punished by up to 30 years in the slammer.

Although Solyndra was a private company, moreover, it was using its government loans as a springboard to go public. When the sale of securities is involved, federal law criminalizes fraudulent schemes, false statements of material fact, and statements that omit any “material fact necessary in order to make the statements made . . . not misleading.” And we’re not just talking about statements made in required SEC filings. Any statement made to deceive the market can be actionable. In 2003, for example, the Justice Department famously charged Martha Stewart with securities fraud. Among other allegations, prosecutors cited public statements she had made in press releases and at a conference for securities analysts — statements in which she withheld damaging information in an effort to inflate the value of her corporation and its stock.

That’s exactly what President Obama did on May 26, 2010, with his Solyndra friends about to launch their initial public offering of stock. The solar-panel company’s California factory was selected as the fitting site for a presidential speech on the virtues of confiscating taxpayer billions to prop up pie-in-the-sky clean-energy businesses.

By then, the con game was already well under way. Solyndra had first tried to get Energy Act funding during the Bush administration, but had been rebuffed shortly before President Bush left office. Small wonder: Solyndra, as former hedge-fund manager Bruce Krasting concluded, was “an absolute complete disaster.” Its operating expenses, including supply costs, nearly doubled its revenue in 2009 — and that’s without factoring in capital expenditures and other costs in what, Krasting observes, is a “low margin” industry. The chance that Solyndra would ever become profitable was essentially nonexistent, particularly given that solar-panel competitors backed by China produce energy at drastically lower prices.

Yet, as Stiles reports, within six days of Obama’s taking office, an Energy Department official acknowledged that the Solyndra “approval process” was suddenly being considered anew. Eventually, the administration made Solyndra the very first recipient of a public loan guarantee when the Energy Act program was beefed up in 2009 — just part of nearly a trillion dollars burned through under the Obama stimulus.

For a while after Solyndra tanked, the administration stonewalled the House subcommittee’s investigation, but we now know that minions in the Energy Department and the Office of Management and Budget had enormous qualms about the Solyndra loan. They realized that the company was hemorrhaging money and, even with the loan, would lack the necessary working capital to turn that equation around. Yet they caved under White House pressure to sign off in time for Vice President Joe Biden to make a ballyhooed announcement of the loan in September 2009. An OMB e-mail laments that the timing of the loan approval was driven by the politics of the announcement “rather than the other way around.”

Why so much pressure to give half a billion dollars to a doomed venture? The administration insists it had nothing whatsoever to do with the fact that Solyndra’s big backers include the George Kaiser Family Foundation. No, of course not. George Kaiser, an Oklahoma oil magnate, just happens to be a major Obama fundraiser who bundled oodles in contributions for the president’s 2008 campaign. Solyndra officers and investors are said to have visited the White House no fewer than 20 times while the loan guarantee was being considered and, later, revised. Kaiser, too, made several visits — but not to worry: Both he and administration officials deny any impropriety. You’re to believe that the White House was just turning up the heat on OMB and DOE because Solyndra seemed like such a swell investment.

Except it didn’t seem so swell to people who knew how to add and subtract, and those people weren’t all at OMB and DOE. Flush with confidence that their mega-loan from Uncle Sam would make the company attractive to private investors, Solyndra’s backers prepared to take the company public. Unfortunately, SEC rules for an initial public offering of stock require the disclosure of more than Obama speeches glowing with solar power. Companies that want access to the market have to reveal their financial condition.

In Solyndra’s case, outside auditors from PricewaterhouseCoopers (PWC) found that condition to be dire. “The company has suffered recurring losses from operations, negative cash flows since inception, and has a net stockholders’ deficit,” the PWC accountants concluded. Even with the gigantic Obama loan, Solyndra was such a basket case that PWC found “substantial doubt about its ability to continue as a going concern.”

The “going concern” language is not boilerplate. As Townhall finance maven John Ransom explains, it is a term of art to which auditors resort when there is an extraordinary need to protect themselves and the company from legal liability. Angry investors who’ve lost their shirts tend to scapegoat the loser company’s accountants. In truth, even if the accountants affixed a neon “going concern” sign to the company’s financial statements, investors would have no one but themselves to blame. But it is unusual: The language is absent from the statements of many companies that actually end up going bankrupt. Auditors reserve it for the hopeless causes — like Solyndra.

With no alternative if they wanted to make a play for market financing, Solyndra’s backers disclosed the auditors’ bleak diagnosis in March 2010. The government had thus been aware of it for two months when President Obama made his May 26 Solyndra speech — the speech Solyndra backers were clearly hoping would mitigate the damage.

As president, Obama had a fiduciary responsibility to be forthright about Solyndra’s grim prospects — in speaking to the American taxpayers whose money he had redistributed, and to the American investors who were about to be solicited for even more funding. Instead, he pulled a Martha Stewart.

The president looked us in the eye and averred that, when it came to channeling public funds into private hands, “We can see the positive impacts right here at Solyndra.” He bragged that the $535 billion loan had enabled the company to build the state-of-the-art factory in which he was then speaking. He said nothing about how Solyndra was continuing to lose money — public money — at a catastrophic pace. Instead, he painted the brightest of pictures: 3,000 construction workers to build the thriving plant; manufacturers in 22 states building an endless stream of supplies; technicians in a dozen states constructing the advanced equipment that would make the factory hum; and Solyndra fully “expect[ing] to hire a thousand workers to manufacture solar panels and sell them across America and around the world.”