Barnum & Bailey’s 8-Year Vendetta

For those readers who disbelieve that people hack and stalk journalists for their work, here’s the mother of all cases – Barnum & Bailey’s 8 year vendetta against Janice Pottker. I blogged it before but wanted to re-post this section from the Salon article in which it was described, because it shows that what was done to Ms. Pottker was only the tip of the iceberg. Barnum & Bailey’s behavior toward contract workers and animals was even worse.

Mind you, Ms. Pottker would never even have known had B&B not got into a fight with someone else.

Ergo, bloggers and journalists who don’t have political backing are better advised to forget their injuries, stay away from those who’ve injured them, and allow the fates..or the furies... to step in…

Surprisingly, they often do.

Jeff Stein:

“If Jan Pottker’s reporting on the circus turned up enough dirt to lead Ken Feld to launch a vendetta against her, according to a sworn statement by Joel Kaplan, the private security man and wire-tapper for a Feld Entertainment subsidiary, there were worse things going on than Pottker or even PETA could have imagined.

Angry that Feld had failed to pay him, Kaplan first sent a threatening letter to Feld saying, in essence, according to three sources who read it, “I’m the last man you want to piss off.” When that didn’t work, he gave an astounding deposition, under oath, about his duties at the company, which later made its way into the Pottker case file.

“What I did [was] illegal. Immoral, unethical, a long list,” Kaplan testified on April 22, 1998. “Very long list. Do you want some of those?”

“Yes,” Feld’s lawyer said. What followed was a long list of charges against the circus that would seem to stretch credulity, and which is not backed up by any specific evidence from Kaplan. But Kaplan swore to it all under penalty of perjury.

“We had … sexual assaults; pedophiles on the show; we had, you know, thefts; we had people we basically threw out of the buildings; we had people that didn’t even have clothes on their backs.” Later, Kaplan added, “We had people, pedophiles, taking kids in, the performers, taking them into trailers. We had some vendors who raped a few and the concessionaires in the building, and it was on and on and on.”

In Kaplan’s telling, the circus sounds more like Sodom and Gomorrah than Barnum & Bailey. But Kaplan had only begun. “We knew that drugs were actually coming (in) from the show side, working men, the performers,” he added after a break. “Mr. Feld was told that.” But they were not allowed to test the performers, he said. He also claimed that the working men were selling drugs to the food and concession vendors.

Kaplan continued with stories of “despicable living conditions,” and drug problems that led to tragedy. “We had two people die on the train, from overdoses.”

Many employees were “undocumented aliens,” Kaplan went on. “We had criminals, people with extensive warrants out for their arrest working as working men under assumed names.” As director of security for the concessions arm of the circus, Kaplan said he was closely involved in that. “[W]e started doing criminal checks in the later years.”

And when sick employees filed for workman’s compensation, he bugged their rooms, put electronic tracking devices on their cars, surveilled, harassed and otherwise helped the company outlast hard-pressed claimants until they’d take any crumb that the company offered, he testified.

And that was just the treatment of people. “We had some real problems with the elephants,” Kaplan testified. “I was told [by the circus veterinarian] … that about half of the elephants in each of the shows had tuberculosis and that the tuberculosis was an easily transmitted disease to individuals, to human beings. The circus, the elephants, were transported all throughout Florida, which is illegal to do that in the State of Florida.”

From  “The Greatest Vendetta on Earth,”  Jeff Stein.

Authority and Authoritarianism

There’s a negative connotation to authority in modern thought. All forms of proper authority are derided as authoritarianism.

Well, they are not.

If the FBI does its job and goes after criminals and scamsters,  following duly constituted procedures, some people seem to think that’s “authoritarianism.” I think a previous post of mine on the FBI got that reaction.

I can’t think why.  Why is it libertarian to not want the police to do their jobs? And to let crime go unpunished?  The FBI failure is why we have this huge financial fraud that’s hurting millions of innocent people. No sympathy for those people?

No, wanting the FBI to do their job is just wanting authority to function as it should.

On the other hand, if  the military descends on civilians and abuses them, that’s authoritarianism and brutality.

If parents go on power trips with their children, bossing them around for the sake of bossing, that’s authoritarianism.

When they lay down rules that help the household function, give the children guidelines and discipline them accordingly, in good faith, that’s authority.

If a boss micro-manages, acts arbitrarily, plays favorites, sides with the powerful employees against the weak, throws his weight around and abuses his power, that’s authoritarianism.

If he sets rules, sees that they’re followed correctly, takes feedback and offers correction as it’s needed, and intervenes to prevent abuse – that’s authority.

 Some libertarians seem to have a hard time with that.  Some of them seem to think that  do what you want, whenever is libertarianism.  To me, this seems like a pretty dire mistake.  Liberty always included rules – the rules of ethics. If nothing more, do unto others, etc. And usually rules of order, as well. Rules about how to go about things (like rules about searches and seizures)

To me, confusion between the two is the reason for so many things being out of kilter.

Good Friday thoughts

The denial of the crucifixion – in a metaphoric sense – is behind our problems in a very central way.

One can deny Christianity as a dogma, all day long. It will not matter.

But one cannot deny the truths of Christianity – in so far as they are truths.

The truth of the crucifixion is the truth of justice or karma, the truth that not one tittle of the law can be done away with.

The law exists side by side with grace, which supplants it, in the New Testament.

But the law itself cannot be done away with.

The law (judgment, justice) forms one pillar of the divine. The other pillar is formed by mercy.

Neither exists by itself.

Our age has convinced itself that mercy can exist without judgment or justice. Indeed, we dislike judgment altogether and confuse it with judgmentalism.  But that is better termed condemnation.

This denial is part of what I see as a fundamental problem of economics today. The separation of risk and reward, of consequences (judgment) from actions.

Jesus Christ, however you conceive him, could not escape them – that is the truth of the crucifixion.

An uncomfortable truth for moderns.

This has nothing to do with dogma…or priests….or orthodox belief. This is a practical truth.
Judgment (cause and effect) and mercy (chance, the serendipitous, the whole-that-is-more-than-the-parts)
can be seen in quite non-religious terms.

But I, for one, have no quarrel with couching them in religious terms.
And on Good Friday, why not?
Why should I be so unseated from tradition?
My history and my tradition are as much a part of the ecology of my soul as the sky or ocean or rainwater is part of the ecology of the physical world.

Jerry Mander on the Globo-Mafia

From an interview with Jerry Mander, a noted critic of globalization:

“London: Some people feel that now that communism has collapsed, free-market capitalism may be next. After all, the economy can’t continue to grow forever — at some point, an exponential curve has to either level off or crash.

Mander: I think that if I say “Yes, we have to rethink capitalism,” then it gets reduced to, “Oh, he’s anti-capitalist.” It’s not capitalism in particular that has to be rethought, it’s the whole economic structure. The global economy is not capitalism. I have a master’s degree in economics, and I know this is not capitalism. What we have now is a centrally controlled economy. The only capitalism that takes place is among the people who have no part in the real benefits of the system — you know, t he people at the lower rungs have some capitalism going with small stores and so on. But, basically, the great part of the system doesn’t function in a capitalist manner. It’s not a socialist manner either. It’s some kind of hodge-podge of connections that have been put together for greasing the skids of advanced development and growth and corporate benefit.

Free trade? Free market? We don’t have either of those either. We have some kind of combination. What we have is a corporate take-over of the rules and a lot of corporate authority.

London: Corporatism?

Mander: Yes, a corporate economy — an economy that is good for corporations. It’s not capitalism exactly, and it’s not socialism exactly, and it’s not anarchy either. It’s a different of system of organization in which corporations exercise the control and reap the benefits…”

—  Excerpted from the Perils of Globalization.

Other April Tenths…

“Today is Good Friday, April 10, the 100th day of 2009. There are 265 days left in the year.

On this date in 1912, the RMS Titanic sets sail from Southampton, England, on its ill-fated maiden voyage.

In 1790, President George Washington signs into law the first United States Patent Act.

“In 1866, the American Society for the Prevention of Cruelty to Animals is incorporated.

In 1925, the novel “The Great Gatsby,” by F. Scott Fitzgerald, is first published.

In 1932, German president Paul Von Hindenburg is re-elected in a runoff, with Adolf Hitler coming in second.

In 1957, Egypt reopens the Suez Canal to all shipping traffic. (The canal had been closed due to wreckage resulting from the Suez Crisis.)”

More here at Vindy.com

Good Friday, 2009

 Reconciliation

Siegfried Sassoon, November 1918

“When you are standing at your hero’s grave,
Or near some homeless village where he died,
Remember, through your heart’s rekindling pride,
The German soldiers who were loyal and brave.
Men fought like brutes; and hideous things were done;
And you have nourished hatred harsh and blind.
But in that Golgotha perhaps you’ll find
The mothers of the men who killed your son.”

The Psychopathology of CEOs

From a website linking psychopathology and social organization:

“Some observers believe that there is a psychological continuum between psychopaths (who tend to be professionally unsuccessful) and narcissistic entrepreneurs (who are successful), because these two groups share the highly developed skill of manipulating others for their own gain…….

In general, the successful psychopath “computes” how much they can get away with in a cost-benefit ratio of the alternatives.  Among the factors that they consider as most important are money, power, and gratification of negative desires.  They are not motivated by such social reinforcement as praise or future benefits.  Studies have been done that show locking up a psychopath has absolutely no effect on them in terms of modifying their life strategies.  In fact, in is shown to make them worse.  Effectively, when locked up, psychopaths just simply learn how to be better psychopaths…………..

When two individuals interact with each other, each must decide what to do without knowledge of what the other is doing.  Imagine that the two players are the government and the public.  In the following model, each of the players faces only a binary choice: to behave ethically either in making laws or in obeying them.

The assumption is that both players are informed about everything except the level of ethical behavior of the other.  They know what it means to act ethically, and they know the consequences of being exposed as unethical.

There are three elements to the game.  1) The players, 2) the strategies available to either of them, and 3) the payoff each player receives for each possible combination of strategies.

In a legal regime, one party is obliged to compensate the other for damages under certain conditions but not under others.  We are going to imagine a regime wherein the government is never liable for losses suffered by the public because of its unethical behavior – instead, the public has to pay for the damages inflicted by the government due to unethical behavior.

The way the payoffs are represented is generally in terms of money.  That is, how much investment does each player have to make in ethical behavior and how much payoff does each player receive for his investment.

In this model, behaving ethically, according to standards of social values that are considered the “norm,” costs each player $10.00.  When law detrimental to the public is passed, it costs the public $100.00.  We take it as a given that such laws will be passed unless both players behave ethically.

Next, we assume that the likelihood of a detrimental law being passed in the event that both the public and the government are behaving ethically is a one-in-ten chance.

In a legal regime in which the government is never held responsible for its unethical behavior, and if neither the government nor the public behave ethically, the government enjoys a payoff of $0. and the public is out $100 when a law detrimental to the public is passed.

If both “invest” in ethical behavior, the government has a payoff of minus $10. (the cost of behaving ethically) and the public is out minus $20. which is the $10. invested in being ethical PLUS the $10. of the one-in-ten chance of a $100. loss incurred if a detrimental law is passed.

If the government behaves ethically and the public does not, resulting in the passing of a law detrimental to the populace, the government is out the $10. invested in being ethical and the public is out $100.

If the government does not behave ethically, and the public does, the government has a payoff of $0. and the public is out $110 which is the “cost of being ethical” added to the losses suffered when the government passes detrimental laws. Modeled in a Game Theory Bi-matrix, it looks like this, with the two numbers representing the “payoff” to the people – the left number in each pair – and government – the right number in each pair.

Government

No Ethics Ethical
No Ethics -100, 0 -100, -10
Society/People
Ethical -110, 0 -20, -10

In short, in this game, the government always does better by not being ethical and we can predict the government’s choice of strategy because there is a single strategy – no ethics – that is better for the government no matter what choice the public makes.  This is a “strictly dominant strategy,” or a strategy that is the best choice for the player no matter what choices are made by the other player.

What is even worse is the fact that the public is PENALIZED for behaving ethically.  Since we know that the government, in the above regime, will never behave ethically because it is the dominant strategy, we find that ethical behavior on the part of the public actually costs MORE than unethical behavior.

In short, psychopathic behavior is actually a POSITIVE ADAPTATION in such a regime.

The public, as you see, cannot even minimize their losses by behaving ethically.  It costs them $110. to be ethical, and only $100. to not be ethical.

Now, just substitute “psychopath” in the place of the government and non-psychopath in the place of the public, and you begin to understand why the psychopath will always be a psychopath.  If the “payoff” is emotional pain of being hurt, or shame for being exposed, in the world of the psychopath, that consequence simply does not exist just as in the legal regime created above, the government is never responsible for unethical behavior.  The psychopath lives in a world in which it is like a government that is never held responsible for behavior that is detrimental to others.  It’s that simple.  And the form game above will tell you why psychopaths in the population, as well as in government, are able to induce the public to accept laws that are detrimental.  It simply isn’t worth it to be ethical. If you go along with the psychopath, you lose. If you resist the psychopath, you lose even more…………

The psychopath never gets mad because he is caught in a lie; he is only concerned with “damage control” in terms of his ability to continue to con others. Societies can be considered as “players” in the psychopath’s game model. 

The past behavior of a society will be used by the psychopath to predict the future behavior of that society.  Like an individual player, a society will have a certain probability of detecting deception and a more or less accurate memory of who has cheated on them in the past, as well as a developed or not developed proclivity to retaliate against a liar and cheater.  Since the psychopath is using an actuarial approach to assess the costs and benefits of different behaviors (just how much can he get away with), it is the actual past behavior of the society which will go into his calculations rather than any risk assessments based on any “fears or anxieties” of being caught and punished that empathic people would feel in anticipation of doing something illegal.

Thus, in order to reduce psychopathic behavior in society and in government, a society MUST establish and enforce a reputation for high rates of detection of deception and identification of liars, and a willingness to retaliate.  In other words, it must establish a successful strategy of deterrence.

…..That is, identifying and punishing liars and cheaters must be both immediate and predictable that it will be immediate.

And here we come to the issue: concerning the real-world, human social interactions on a large scale, reducing psychopathy in our leaders depends upon expanding society’s collective memory of individual players’ past behavior.

  Laura Knight-Jadczyk

My Comment

Of course, I don’t agree that this is capitalism. It’s criminality and the absence of genuine capitalism. It’s monopoly.  In a genuine free-market regime, laws would be enforced swiftly and sociopathy wouldn’t work, because it would be punished immediately.

Risk and reward wouldn’t be separated, as they are today.

Nonetheless, I do like the analysis and find it a  compelling account of what society here (and elsewhere) has become.

The writer just lacks the historical and theoretical framework to understand that what she calls capitalism is only the diseased tumor produced by the state feeding on the free market.

Robert Higgs On Transcending Red And Blue Barbarism

“During the painful years of the Bush regime, we had to endure the slings and arrows of the brown shirts who compose the so-called Republican base. Now that Obama has ascended the throne, the brown shirts of the left are emerging as the more conspicuous barbarians.  Thank God it is not the case, as far too many people suppose, that we must be on one of these sides or the other. We can transcend this disgusting political spectrum, placing ourselves neither on the left nor on the right – nor even in the so-called “independent” zone somewhere between them – but rather rising above the entire line and insisting that red-state savagery and blue-state savagery are equally despicable and intolerable. I daresay that the future of our civilization hinges on whether a sufficient number of us will choose this transcendence…”.

A great piece by Robert Higgs at Lew Rockwell.

Turning Beach Sand Into Gold – The Goldcor Swindle

Perhaps the most famous scam of all was Goldcor, which also had links to other crimes – drug-running and penny-stock hustling…in Florida, of all places. Florida was also the center of mortgage-hustling and land speculation, not just recently but historically.

And the Florida crime circuit, like Madoff’s, had its New York outlet.

According to this piece, Fool’s Gold, by Craig Malisow:

“In 1987, Jerold Weinger was the CEO of a Wall Street brokerage firm crushed under an avalanche of coke.

One of the firm’s partners, six brokers and a receptionist were arrested in a massive U.S. Drug Enforcement Administration Wall Street sweep called Operation Closing Bell. A ninth employee was arrested in the firm’s Florida office. Partner Wayne Robbins ultimately pleaded guilty to drug charges, and seven of the eight others either pleaded or were found guilty of possession, distribution or conspiracy to distribute cocaine, according to the DEA’s New York office…..

“The firm had been in trouble even before the 1987 busts, according to a New York Times investigation, which revealed that the U.S. Securities and Exchange Commission charged the firm with stock manipulation once in 1976 and twice in 1981. The firm settled each charge without admitting guilt, but was ultimately suspended from underwriting “over-the-counter” stocks for two and a half years……

The final blow came in 1991, when the National Association of Securities Dealers fined the firm $1.4 million for manipulating stock prices. The firm was booted out of the association, and its top officer, Michael Leeds, was banned from the industry….”

Lila here:

So you see, drug dealing and stock fraud were connected way back in the 1980s. About when Bernie Madoff began running his scam. And apparently, the SEC could and did move against some players successfully. Why not on Madoff then?

Especially when Weinger was no small potato. He was connected to another big-time operator, Joel Nadel.

The Malisow piece describes one of Nadel’s most infamous schemes:

“The SEC had already banned Nadel from the stock market 20 years earlier, but now the commission accused him of accepting bribes to tout worthless penny stocks in his bogus newsletters.

The New York Times, the Boston Globe and several Florida newspapers ran stories on Nadel in the late 1980s and early 1990s, culminating with his participation in the Goldcor scandal.

In Nadel’s newsletters, including one from the fictitious “Royal Society of Liechtenstein,” he praised a company called Goldcor, whose founders said they invented a process to turn a 20-mile strip of black volcanic Costa Rican beach sand into gold.

“The sands that are removed from the beach are replenished by tidal action only after a few days,” wrote Nadel, who was not a partner in Goldcor. The scam was so elaborate that, according to The Washington Post, Goldcor’s principals flew prospective investors to Costa Rica in Learjets so they could visit the company’s laboratories and watch white-coated scientists turn sand into gold.

In April 1991, the government froze $6.6 million of Nadel’s assets; in August, Goldcor President Richard Brown was found in his home with a bullet behind his left ear; in November, a federal judge ordered Goldcor representative Carl Martin to refund $10.8 million to investors. An estimated 3,000 investors lost at least $50 million in the scam.”

The most interesting part of this little history is that the Royal Society of Liechtenstein was sold off, changing its name to the Oxford Club, which has been since then a part of Agora Inc. (Update, April 8, 2010: It merged with a pre-existing newsletter, The Passport Club (according to Agora’s website).

The Brown death was never seriously investigated, say some SEC officials, who believe it was a murder.

What’s even more interesting is that Nadel’s Chief Operating Office, Mark Ford, who was also banned from selling stocks directly as a result of the settlement with the SEC, changed his name to Michael Masterson, and followed the Royal Society of Liechtenstein to Agora Inc., as part of Oxford Club and as a consultant).


John Gatto on The Bartleby Project

Thanks to Sunni Maravillosa  for posting this great piece, The Bartleby Project,  by John Gatto.

The Bartleby Project

By the end of WWII, schooling had replaced education in the US, and shortly afterwards, standardized testing became the steel band holding the entire enterprise together. Test scores rather than accomplishment became the mark of excellence as early as 1960, and step by step the public was brought, through various forms of coercion including journalism, to believe that marks on a piece of paper were a fair and accurate proxy for human quality. As Alexander Solzhenitzyn, the Nobel Prize winning Russian author, said, in a Pravda article on September 18, 1988, entitled “How to Revitalize Russia:”

No road for the people [to recover from Communism] will ever be open unless the government completely gives up control over us or any aspect of our lives. It has led the country into an abyss and it does not know the way out.

Break the grip of official testing on students, parents and teachers, and we will have taken the logical first step in revitalizing education. But nobody should believe this step can be taken politically—too much money and power is involved to allow the necessary legislative action; the dynamics of our society tend toward the creation of public opinion, not any response to it. There is only one major exception to that rule: Taking to the streets. In the past half-century the US has witnessed successful citizen action many times: In the overthrow of the Jim Crow laws and attitudes; in the violent conclusion to the military action in Vietnam; in the dismissal of a sitting American president from office. In each of these instances the people led, and the government reluctantly followed. So it will be with standardized testing. The key to its elimination is buried inside a maddening short story published in 1853 by Herman Melville: “Bartleby the Scrivener.”

I first encountered “Bartleby” as a senior at Uniontown High School, where I was unable to understand what it might possibly signify. As a freshman at Cornell I read it again, surrounded by friendly associates doing the same. None of us could figure out what the story meant to communicate, not even the class instructor.

Bartleby is a human photocopy machine in the days before electro-mechanical duplication, a low-paid, low-status position in law offices and businesses. One day, without warning or explanation, Bartleby begins to exercise free will—he decides which orders he will obey and which he will not. If not, he replies, “I would prefer not to.” To an order to participate in a team-proofreading of a copy he’s just made, he announces without dramatics, “I would prefer not to.” To an order to pop around the corner to pick up mail at the post office, the same: “I would prefer not to.” He offers no emotion, no enlargement on any refusal; he prefers not to explain himself. Otherwise, he works hard at copying.

That is, until one day he prefers not to do that, either. Ever again. Bartleby is done with copying. But not done with the office which employed him to copy! You see, without the boss’ knowledge, he lives in the office, sleeping in it after others go home. He has no income sufficient for lodging. When asked to leave that office, and given what amounts to a generous severance pay for that age, he prefers not to leave—and not to take the severance. Eventually, Bartleby is taken to jail, where he prefers not to eat. In time, he sickens from starvation, and is buried in a pauper’s grave.

The simple exercise of free will, without any hysterics, denunciations, or bombast, throws consternation into social machinery—free will contradicts the management principle. Refusing to allow yourself to be regarded as a “human resource” is more revolutionary than any revolution on record. After years of struggling with Bartleby, he finally taught me how to break the chains of German Method schooling. It took a half-century for me to understand the awesome instrument each of us has through free will to defeat Germanic schooling, and to destroy the adhesive which holds it together—standardized testing…..”

by John Gatto

My Comment

I once wrote the libretto for a one-act opera about Bartleby composed by a friend of mine at Catholic University.  Unlike John Gatto, I always related to Bartleby and understood it because my first education was in India.

Education in the liberal arts was terribly rote-like in India in the 1980s. Long lists of figures to memorize. Map boundaries that had to be drawn from recollection. Senseless lists of obscure kings and their completely fungible achievements.  Venkatappa I built 40 highways, 500 hospitals and 35 colleges. Krishnayya III built 35 roads, 502 colleges, 25 temples. Chandravarma XX conquered the Marathas or Rajputs or whoever in 807 AD…etc., etc. Not much in the way of ideas. The whole thing was like a long catalog. Lists of the building materials (limestone, gypsum, white marble) used for various famous mosques, monuments, temples – none of which I’d ever seen, since traveling in India was difficult and expensive for middle-class families. Nehru’s Five-Year Plans, every dam and hydel project, with the exact monetary figure for each one.

We’d copy the whole thing onto a large piece of brown wrapping paper and then memorize it in sections until we could reel it off without a flaw.  Some of the girls took a few – shall we say – chemical stimulants to pull off this feat. The week after our exams, we would all be flat on our backs with exhaustion, fifteen pounds lighter, and hardly any more enlightened than before our labors.  The next term, we’d go back to “bunking” class (playing truant) for the first few weeks to make up for this torture.

There  was also a lot of long-hand copying of notes, because photocopy machines were nonexistent in our college and books were precious when you were living in a hostel. I copied scores of T. S. Eliot poems into a long notebook. In another I copied essays about Jane Austen. We took notes copiously in the classroom, although our lecturers were often less informed about things than we were. When things got boring, the more practical girls took to crocheting long scarves or eating lunch surreptitiously.

The whole thing was calculated to destroy any intelligence or interest in the subjects we were studying. It was a long, medieval exercise in mental gymnastics.

Amazingly, many of us ended up no worse intellectually than people who had had the finest undergraduate training.

But it was in spite of what we went through, not because.