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January 26, 2009

Keep Those White Hands to Yourself

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Here's the question, if a person purchases or otherwise acquires stolen goods, are they responsible for relinquishing those goods when the theft is discovered so that they may be returned to their rightful owner? Has the recipient committed a crime? Edward Martinovich, Esq. of Imhoff Associates has a very handy little article right up top at The Google on this very subject.

When stolen property is purchased and law enforcement personnel conclude their investigation at your doorstop, not only can the police immediately seize the goods that were paid for, but you may also be charged with a criminal offense. The criminal charges of buying or receiving stolen property or possession of stolen property generally involves taking possession of property with knowledge that it has been obtained through theft, embezzlement, fraud, larceny or extortion by someone else. Therefore, generally speaking, conviction depends on two factors: gaining control of the item and knowing it was stolen at the time it was received. The criminal intent may be inferred if these two factors can be proven.

..........What complicates the legal situation even further is the fact that the police cannot always determine whether one buyer is part of the illegal operation or just an innocent buyer. Consequently, the laws in this area tend to be quite strict and usually favor the original owner/victim.

So ....... when John Thain gave early bonuses amounting to a couple of billion to "his people" at Merrill Lynch, knowing that it was going down the tubes, or when Shittipoop's new corporate jet was ordered or
Mr. Fuld sold his house for $10 to his innocent wife didn't they steal the cash from Susie Q Public and Dakota Feinstein. Bernie's friends and relatives, when encousraged by the FBI had to return at least some of their Chanukah geld .
Ariana

From Bob Herbert

A stark example of this unholy collaboration between the G.O.P. and the very wealthy was on display in the pages of this newspaper on Jan. 18. The Times’s Mike McIntire wrote an article about the first wave of federal bailout money for the financial industry, which was handed over by the Bush administration with hardly any strings attached. (Congress, under the control of the Democrats, should never have allowed this to happen, but the Democrats are as committed to fecklessness as the Republicans are to tax cuts.)

The public was told that the money would be used to loosen the frozen credit markets and thus help revive the economy. But as the article pointed out, there were bankers with other ideas. John C. Hope III, the chairman of the Whitney National Bank in New Orleans, in an address to Wall Street fat cats gathered at the Palm Beach Ritz-Carlton, said:

“Make more loans? We’re not going to change our business model or our credit policies to accommodate the needs of the public sector as they see it to have us make more loans.”

How’s that for arrogance and contempt for the public interest? Mr. Hope’s bank received $300 million in taxpayer bailout money.

The same article quoted Walter M. Pressey, president of Boston Private Wealth Management, which Mr. McIntire described as a healthy bank with a mostly affluent clientele. It received $154 million in taxpayer money.

“With that capital in hand,” said Mr. Pressey, “not only do we feel comfortable that we can ride out the recession, but we also feel that we’ll be in a position to take advantage of opportunities that present themselves once this recession is sorted out.”

Take advantage, indeed. That, in a nutshell, is what the plutocracy is all about: taking unfair advantage.

Good thing that Andrew Coumo wasn't wasted in the senate.

Photo note: White hands grasping - a metaphorophoto

Addendum: From Maureen, who also took up the topic:

Senator Levin said that the financiers will not be able to change their warped mentality, but will have to be reined in by Geithner’s new leashes. “I have no confidence that they intend or desire to change,” Levin told me. “These bankers got away with murder, and it’s obscene that close to nothing is being asked of financial institutions. I get incensed at the thought that a bank that’s getting billions of dollars in taxpayer money is out there buying fancy new airplanes.”

Posted by Dakota at January 26, 2009 01:39 PM