Intimate Memoirs – BONUS POST

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The Bonus Book of the Week is “Intimate Memoirs” by Georges Simenon, published in 1981. This tome’s intended readers were his four adult children. The author detailed: his and his family members’ lives through all their changing of residences, vacations, the dysfunctionalities in his relationships with others (wives, mistresses, governesses, household help, publishing and movie personnel, etc.), and his daughter’s writings.

Born in 1903, Simenon grew up in Belgium, and served in the military in both WWI and WWII. As a teenager, he began writing. He got rich in a short time, penning via typewriter each year, about six dime novels (eventually numbering dozens in his lifetime, some of which were made into movies) about a police detective named Maigret– whose character was partly based on his father.

By summer 1940, he had a wife and son, at which time they rented a chateau surrounded by a vegetable garden and poultry farm in a coastal sub-prefecture town in France. He was supposed to sign in every day at the police station. A couple of benign German officers were posted on the outskirts of the town.

For the rest of the war, the family stayed in French coastal towns, renting homes with farms for a year or two, then moving on. Basically, they were on vacation, except for one incident that reminded them that a war involving religious persecution was taking place elsewhere.

One day, a Vichy commissioner buttonholed the author and aggressively called him a Jew, demanding that the author prove otherwise, by showing the birth certificates of his parents, grandparents, and great-grandparents. By war’s end, many non-Jewish wealthy people had become wealthier through profiteering, while the peasants suffered the hardships of rationed goods.

The author wrote of powerful, money-grubbing people, “Sometimes there are indeed fatalities. And aren’t the worst brutes the ones that get the most applause? I no longer look on all this as an outsider. When I first got to Lakeville [Connecticut in the USA] I was told ‘Here you have to belong…'”

Read the book to learn everything you ever wanted to know, both happy and sad, about what the author wanted his children to know.

ENDNOTE: Speaking of the worst brutes, here’s a little ditty in connection therewith (This is the song Donald Trump is singing now):

THE ULTIMATE BULLY

sung to the tune of “The Boxer” with apologies to Simon and Garfunkel.

I am a super-rich man
all-powerful and bold.
I’ve-always-had HIGH resistance
to acknowledging my failures and broken promises.
At-bullying, I’m the best.
My base hears what it wants to hear
and cheers on the unrest.
mm hm, hm hm hm hm hm hm, hm
When I left my home and my family
I was not in THE least coy,
I had to teach my attorneys
dangers of beCOMing a-PR-sensation. I-wasn’t scared.
Making deals, seeking out
the easy suckers and easy girls
looking FOR the
ways I could use them in my World.

lie-le-lie, lie-le-lie-lie, lie-le-lie, lie-le-lie
lie-le-lie-lie-lie-le-lie-le-le-le-lie

Paying minimal workers’ wages
I start handing out the jobs
and pad my coffers.
One-after-another bankRUPtcy
to disappear through.
As a first resort,
I’ve made smearing, scapegoating and suing,
a na-tion-al sport.

la-la-la-la-la-la-la-la

lie-le-lie, lie-le-lie-lie, lie-le-lie, lie-le-lie
lie-le-lie-lie-lie-le-lie-le-le-le-lie

Now I’m huddling with my attorneys
and wishing I was golfing at Mar-a-Lago.

But the New York City renters are in need of me,
you can’t indICT me. You’re all DOPES.

I hire the best doxers
and go to legal extremes,
so you CARry a reminder
that anytime I-can lay you down
or cut you while I lash out
in my anger with no shame.
You’ll be bleeding,
you’ll be bleeding,
and the-spiter-in-me remains.

mm-hmm

lie-le-lie, lie-le-lie-lie, lie-le-lie, lie-le-lie
lie-le-lie-lie-lie-le-lie-le-le-le-lie
lie-le-lie, lie-le-lie-lie, lie-le-lie, lie-le-lie
lie-le-lie-lie-lie-le-lie-le-le-le-lie…

Misfire

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The Book of the Week is “Misfire, Inside the Downfall of the NRA” by Tim Mak, published in 2021. This volume told the all-too-frequent story of alpha-male executives with hubris syndrome, who use their employer as their personal piggy bank, and bankrupt them. That of the National Rifle Association (NRA) was just the latest in a series of such scandals in recent decades.

As it began to go belly up, the NRA had 76 people on its board of directors, a few of whom were celebrities. They received no salary, but took ridiculous advantage of their expense accounts, and at the same time, and, in an obvious conflict, some were tasked with overseeing the NRA’s finances.

A power vacuum that started in the late 1980’s allowed Wayne LaPierre to assume the most powerful executive position in the organization by 1991. His colleagues– the NRA’s officers, and executives of its outside communications agency — manipulated him in order to form a cult of personality around him. This way, they, too, could partake of all the first-class travel, shopping and host of other aspects of a luxury lifestyle through their outsized salaries and expense accounts.

After the Sandy Hook elementary-school shooting in December 2012, the NRA became even more sociopathic, throwing up distractions in its messaging. It was already aggressively– as it had been since 1977– defeating every bit of firearms-restriction-legislation it possibly could using not only its money, but also its ability to influence politicians and voters through its network of priceless, powerful contacts; even to its own financial and reputational detriment. It argued that politicians should seek to improve America’s mental health system, and that everyone in the country had a right to own a firearm for the purpose of self-defense!

Countless, cowardly politicians have caved under pressure to the NRA’s demands; they voted against even weak proposed laws that would restrict gun acquisitions and gun usage, that would hardly have made a dent in sales of firearms, because they wanted to get reelected. As is well known, the NRA was a monster-sized lobbyist and political donor. It had a mean-spirited cancel-culture: publicly shaming its ex-employees on social media if they criticized it, even years after their employ.

Beginning in April 2019, a decades-long power struggle resulted in an orgy of litigation between and among the NRA, its communications agency, and its law firm, whose main go-to executive had become besties with LaPierre. That executive, too, was availing himself of the benefits derived from financial crimes of excess typical of these kinds of organizations.

Read the book to learn all about it. Wayne LaPierre has been just one (of those countless who are actually caught!) of a few poster boys whose financial crimes borne of excessive greed have been exposed, but sooo few organization leaders such as he, are punished for their misdeeds. Here are a few others, who were actually punished (and the year in which they went to jail):

2005, Dennis Kozlowski

2005, Bernie Ebbers

2006, Jack Abramoff

2007, Richard Scrushy

2012, Bernie Madoff

And here is the song they sing when caught:

I TOOK IT EASY

sung to the tune of “Take It Easy” with apologies to the Eagles.

Well, I got out on BAIL.
You can’t put me in JAIL.
I got SEVen sins on my mind.
Whistleblowers betrayed me.
Prosecutors flayed me.
My lawyers are close friends of mine.

I took it easy.
I took it easy.

Don’t believe the evil liars who say I’m guil-ty.

I live it up while I still can.
I hid my assets. Then it hit the fan.
I found a place to make my millions.
I took it easy.

Well I’m STILL your leading male.
I’m just too great to fail.
My claques, flacks and sycophants all aGREE.
I DID nothing wrong.
I’ll delay this CASE so long you’ll give up on punishing me.

Come on, payyy me,
my bonus and sa-alary.
I have no doubt that friends in high places are gonna SAVE me.

TaxPAYERS lose. I win.
You’ll never catch ME again.
So eat your heart out. Look at ME grin.
I took it easy.

Well, I got out on BAIL.
You can’t put me in JAIL.
I got NO remorse on my mind.
No matter how much you hover,
you’ll NEVER recover, all the money you say is not mine.

I took it easy.
I took it easy.
Don’t believe the evil liars who say I’m guil-ty.
Come on, payyy me,
my bonus and sa-alary.
I have no doubt that friends in high places are gonna SAVE me.

Oh, I got it easy.
YOU’RE the one who’s slea-eazy…

If I Plead the Fifth, Man

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This is the song Donald Trump is singing now.

IF I PLEAD THE FIFTH, MAN

sung to the tune of “If I Were A Rich Man” from the musical Fiddler on the Roof, with apologies to the estates of Zero Mostel and Jerry Bock.

If I plead the Fifth, man,
yah dee yah dee yah dee yah
dee yah dee yah dee yah dum

All day long I’d keep things mum,
because I’m a victimized man.

I wouldn’t have to-rehearse hard,
yah dee yah dee yah dee yah
dee yah dee yah dee yah dum

if I pled a biddy biddy Fifth,
because I’m a victimized man.

I’ve built a biz with prah-per-ties by the dozen.
I’ve done great things for this town!

My fine accountant had IN-teg-ri-ty, I know.

There was one set of books just going up,
and one with numbers going down,
and one more with values, I won’t show.

I’ve filled my companies with greens and towers and clubs
and a school to play and learn,
recording just as profitably as I can,

and each great ca-ching bling bling ca-ching
would be written down just-for-me,
as if to say here is a wonderful man. Oh!

If I plead the Fifth, man,
yah dee yah dee yah dee yah
dee yah dee yah dee yah dum

All day long I’d keep things mum,
because I’m a victimized man.

I wouldn’t have to-rehearse hard,
yah dee yah dee yah dee yah
dee yah dee yah dee yah dum

if I pled a biddy biddy Fifth,
because I’m a victimized man.

I saw my REAL estate ful-filling my birthright
with lots of proper bonds and loans,
supervising deals to my heart’s delight.

YOU’RE accusing me and
you’re acting like a witch hunter.
Oh, what an unfair thing you’re doing,
harassing my family day and night.

All the great people came to work with me.
They asked to help ME with building.
They knew I was the expert.
They loved the Trump name.
Oh PLEASE help us.
YOU’RE posing accusations that are wrong in my eyes.

lah eeh eeh a rah rah

And here we have a big, big difference, because I know you’re WRONG.

When you’re me, they’re jealous of all you do.

If I plead the Fifth, I’d assert my RIGHTS,
and run for president again,
and maybe be-able-to build my WALL.

But I won’t discuss my books with prah-se-cu-tors seven hours every-day.
They’re doing the most unjust thing of all. Oh!

If I plead the Fifth, man,
yah dee yah dee yah dee yah
dee yah dee yah dee yah dum

All day long I’d keep things mum,
because I’m a victimized man.

I wouldn’t have to-rehearse hard,
yah dee yah dee yah dee yah
dee yah dee yah dee yah dum

So who made this evil, evil scheme?
You decree I can’t have the American Dream.
Would you leave my family and me alone?
You’re taking an outrageous tone!

It’s My Panel – BONUS POST

IT’S MY PANEL
sung to the tune of “It’s My Party” with apologies to the estate of Lesley Gore; this is the song Nancy Pelosi is singing now:

It’s my panel and
I’ll decry if I want to,
decry if I want to,
decry if I want to.
You would decry too,
if it were up to you.

We all know what Banks and Jordan would do.
They’d spread Trump’s every line,
with McCarthy holding their hands
when they’re supposed to be mine.

It’s my panel and
I’ll decry if I want to,
decry if I want to,
decry if I want to.
You would decry too,
if it were up to you.

Conspiracies abounding,
we need to get a life.
Updating status for a while,
till you’re in MY reality show,
I’ve got no reason to smile.

It’s my panel and
I’ll decry if I want to,
decry if I want to,
decry if I want to.
You would decry too,
if it were up to you.

Tweeting and posting up the wazoo.
Our attention whoredom never ends.
Oh what a political surprise.
Election day,
we’ve got new “friends.”

It’s my panel and
I’ll decry if I want to,
decry if I want to,
decry if I want to.
You would decry too,
if it were up to you.

Oh, it’s my panel and
I’ll decry if I want to,
decry if I want to,
decry if I want to.
You would decry too,
if it were up to you.

Serpent on the Rock

The Book of the Week is “Serpent on the Rock” by Kurt Eichenwald, published in 1995.

This volume contained an egregious error. It appeared in an anecdote about a member of the Belzberg family, Canadian Orthodox-Jews. In the late 1970’s, Belzberg was acquiring a large quantity of stock of the retail brokerage named Bache, so one of Bache’s executives met with him, to find out his intentions.

As the meeting ended, the author wrote that Belzberg shook hands with the Bache executive. That was obviously a fictionalized detail of the story, because Orthodox Jews do not shake hands with, or touch others, except for close family members.

Anyway, in the second half of the 1970’s, tax shelters became trendy in the securities industry. In the 1980’s, Bache (with a shady reputation in the first place) sold tax shelters in the form of limited partnerships of various kinds (oil and real estate were the most common) and reaped fat fees of as much as 8%. On a bunch of them, printed marketing communications illegally contained material omissions and misstatements.

Bache’s clients were clearly unsophisticated, because anyone with a minimal knowledge of finance should have seen that the objectives of the investment were contradictory: “income, growth and safety” (!)

Brokers dispensed with the printed prospectuses (which contained disclaimers required by law), and focused on verbally selling the money-losing financial instruments to their clients. They lied about the projected financial returns (14 to 15%, when they were pretty sure there would actually be disastrous losses). They called the investments “safe”– a word that should NEVER be used on Wall Street. The proper lingo should be “low-risk” and only when that’s the truth. The limited partnerships were “high-risk.”

One man, Jim Darr, became particularly powerful in the Direct Investment Group, and engaged in a boatload of excessively greedy, unethical activities and white-collar crimes that made him fabulously wealthy. In 1983, he flew all the way to a small thrift bank in Arkansas to get a home loan of $1.8 million to purchase a mansion in Connecticut. At that time, there were plenty of local lenders he could have approached.

Another sleazy character, Clifton Harrison, after pulling his last act of unbelievable thievery, gave the excuse, “I’ve just been borrowing some money against future fees.” Read the book to learn more about the various individuals who shaped Bache’s history, and what became of them.

ENDNOTE: The above shenanigans happens every few years in the United States. The line from the movie “That Thing You Do” describes it perfectly: A very common tale, boys, a very common tale. Here is a brief elaboration of the last forty years:

Steps of the American Politico-Economic Cycle

  1. An extremely pro-business president comes to power.
  2. Excessive deregulation ensues.
  3. Shady financial instruments and money-making vehicles spike in popularity (tax shelters, savings and loan associations, goodwill valuations, junk bonds, derivatives, dot-com stocks, stock-options-repricing, subprime mortgages, payday lenders, for-profit colleges, the PACE program, etc., etc., etc.)
  4. Out-of-control greed ensues.
  5. Profiteers of all political persuasions dispense with ethical behavior.
  6. The bubble bursts. A financial crash ensues.
  7. Lawsuit time!
  8. The impoverishment rate accelerates for the middle class and the poor.
  9. Election time. “It’s the economy, stupid.” Whether true or not (usually not!), campaign-propaganda convinces voters that the president is solely responsible for their personal financial situations.
  10. The reelected president, or one from the same party, continues some of the same hog-wild policies, or the new president reverses what he can. Re-regulation ensues.
  11. Time for another round of Survival Roulette (See this blog’s post, “Blind Ambition”).
  12. Opposition-propagandists pull strings to reverse what the new president reversed. They make voters impatient for improvement, even though undoing the damage takes years and years.
  13. Election time. Repeat steps 1-12.

The Real Cost of Fracking / The Buffalo Creek Disaster / A Trust Betrayed – BONUS POST

The first Bonus Book of the Week is “The Real Cost of Fracking, How America’s Shale Gas Boom is Threatening Our Families, Pets, and Food” by Michelle Bamberger and Robert Oswald, published in 2014.

Through the decades, monster-sized American corporations have mastered the game of political machinations, public relations and propaganda in doing tremendous harm to Americans (and getting away with it!), and in defending themselves against environmental-damage lawsuits, and premises-liability, personal-injury and wrongful death lawsuits. These corporations tend to be energy companies. See the following posts in this blog for several other examples (in no particular order):

  • Klondike
  • The Law of the Jungle
  • Sons of Wichita
  • Fateful Harvest
  • The World According to Monsanto
  • Superpower: One Man’s Quest…
  • The Oil Road
  • In the Name of Profit
  • Killers of the Flower Moon, and
  • Let the People In (see boldfaced paragraphs)

American companies that do fracking is the same story. The authors loosely define fracking as “unconventional drilling” for gas and oil, and hydraulic fracturing. The fracking industry has successfully convinced landowners (through omissions, half-truths and outright lies in their pitches) that they (the owners of small farms) could make big bucks from leasing their land for the purpose of fracking (when it turned out to be the other way around, most every time).

There are three major reasons it takes so long for the public to catch on to companies that damage the earth and people and can destroy communities and/or a way of life:

  • The companies put political pressure on the EPA and state-politicians to shut up;
  • The companies have the damaged parties sign non-disclosure agreements; and
  • The companies pay hush money to, or threaten any other parties who might give them bad publicity.

“Proving proximate cause for illness is complex because the water, soil and air have multiple chemicals of varying toxicities, and [have] hardly any pre- and post-drilling testing of air, and water, soil, people and animals.”

The consequences of fracking have far-reaching potential to contaminate the nation’s food supply, when cows, chickens and other food-animals are exposed to fracking toxins.

Sadly, Pennsylvania is only one of several states that has sold out to the pro-fracking interests. The authors had hours of discussions with those very adversely affected by the litany of unpronounceable toxins very likely produced by fracking. Beginning in September of 2009, those owners of small farms developed the following health problems: rashes, burning eyes, sore throats, headaches, nosebleeds and unpleasant gastrointestinal symptoms.

The victims’ farm animals and pets had trouble reproducing, or they died. Air pollution resulted from dust, dirt and noise from heavy earth-moving vehicles and tanker trucks. In spring 2010, one family’s only water supply was terminated by the fracking company.

In addition, the family lost their livelihood breeding horses and dogs. They couldn’t afford to buy bottled water for the horses. The fracking company graciously offered to incinerate the horse’s corpse. One of their dogs also died even though it was drinking bottled water and was barely two years old. The suspected reason was that it drank wastewater that was poured on the family’s property.

Further, tests sufficiently specific to provide evidence of proximate cause between:

the family’s health problems, their animals’ deaths, and the drop in their property’s value due to contamination; and

the fracking company’s toxic practices

were prohibitively expensive.

Also, apparently, the company wasn’t legally required to disclose which toxins were produced by its operations, because it didn’t– when the leasing documents were signed with the landowners.

In central Arkansas, fracking wastewater was recycled when it was injected into deep wells, causing small earthquakes. Other states that allowed fracking at the book’s writing included: Ohio, Texas, Louisiana, Colorado, North Dakota and New York.

Read the book to learn a wealth of additional details on fracking, its adverse effects, of the complicated laws governing (or not governing) land in Pennsylvania and New York State at the book’s writing, and the authors’ suggestions for how to regulate the oil and gas industry to strike a balance between extracting needed fossil fuels and public health and safety; and sensible energy policy.

The second Bonus Book of the Week is “The Buffalo Creek Disaster, The Story of the Survivors’ Unprecedented Lawsuit” by Gerald M. Stern, published in 1976.

“If the government ever did knock on my door, I’d probably expect harm and harassment instead of help.”

-The [Caucasian] author’s attitude when he was a federal civil-rights attorney, personally visiting unannounced, helpless black families in Southern States, to inquire whether they required assistance with registering to vote, or with being protected, during the Civil Rights movement in the 1960’s.

In West Virginia coal country in the 1950’s, one dam overflowed. Then two more dams were built. The construction of the third dam– built cheaply– was subpar pursuant to civil engineering standards. The dam-builder was the Buffalo Creek Mining Company. Its holding company Pittston Company knowingly allowed a burning pile of coal waste-products to obstruct the stream, so that sooner or later, a tidal wave would flood the area.

In February 1972, it happened. More than 125 people drowned and hundreds were left homeless in a valley when the third dam broke, causing a stream to overflow in Middle Fork Hollow.

The possible causes of action in the ensuing class action suit included involuntary manslaughter and criminal negligence, but “psychic impairment” was a relatively new concept that had yet to be commonly litigated. It was known as “shell shock” in WWI. The new label for it after the Vietnam War was “Post-Traumatic Stress Disorder” (PTSD).

In April 1972, the author and his public-interest law firm, Arnold & Porter began to represent people harmed by the flood. They had to take the case on contingency, a rarity, only because those survivors couldn’t afford to pay the lawyers with any other fee structure. There occurred the usual frustrations, uncertainties and wrenches in the works that complicated the case, making it more expensive and time-consuming. Just a few included:

  • the fact that the wife of and daughter of, and the rival himself of the recently elected United Mine Workers Union’s president were murdered;
  • Once the lawyers decided whom to sue and in which court, it was hard to guess which of three judges would be assigned to the case (bringing up the cliche, “good to know the law, better to know the judge”);
  • At that time, there was a limit of $110,000 that could be awarded to each personal injury / wrongful death victim in the state of West Virginia; and
  • The disaster occurred less than two months prior to the West Virginia gubernatorial election.

Read the book to learn of the slew of additional details on the case and the fate of the stakeholders.

Yet one more largely similar disaster case was documented in the third Bonus Book of the Week, “A Trust Betrayed, The Untold Story of Camp Lejeune and the Poisoning of Generations of Marines and Their Families” by Mike Magner, published in 2014.

Like the fracking and coal-country stories, this story involved contaminated water, too. However, it was not a monster-sized corporation’s, but the United States government’s, negligence and secrecy that harmed people.

This story also differed in that the residents of the community were fluid– living there only months or a few years, compared to the fracking and coal-country victims. So they didn’t immediately connect the harm done to them with their drinking water, and communication among them was more scattered.

At the dawn of the 1980’s, an under-resourced water-testing lab at Camp Lejeune (where U.S. Marines were stationed) in North Carolina began to get an inkling that wells that provided drinking-water contained toxins such as THM’s, TCE, PCE, pesticides, PCB’s, VOC’s and benzene.

New federal clean-water laws were going into effect, so the Navy had to comply. The water was supposed to be tested regularly for grease, oil and suspended solids. If results showed contamination above a certain level, the lab was supposed to tell the EPA, but it didn’t handle cleanup.

The lab’s five (alarming) test-results between October 1980 and February 1981, were sent to Naval Facilities Engineering Command, Atlantic Division, where they disappeared into a black hole; not necessarily because there was a cover-up at that time, but merely due to bureaucracy– the lab workers thought the Navy knew what they were doing and would do the testing and regulating.

Camp Lejeune’s base commanders didn’t want to know whether individual wells were polluted. They hoped the base had sufficient clean wells to dilute the water from the contaminated ones. Shutting down any of the wells would produce a water shortage for the whole base during the summer, when demand for water was highest. Besides, water-testing was expensive.

Starting in the 1960’s and for decades thereafter, the military families and employees who lived in a certain geographic area on the base saw a disproportionate number of miscarriages, birth defects, and in later years, cancer. The suspected sources of pollution (or legal-defense scapegoats) included a dry cleaners, fuel tanks and a pumping station that exuded gallons and gallons of fuels and chemicals (through spills, leaks and inadequate safety practices) all the time.

In spring 1985, the crisis started to hit the fan, when the Navy was compelled to notify the residents that their drinking water might be unsafe (when in reality, for decades, it definitely had been).

Read the book to learn lots of additional details of what happened then (hint: the usual federal and state inter-agency (and military-branch) fighting, finger-pointing, report-writing, excuses for delays in the form of follow-up-research, and all manner of bureaucratic secrecy and shenanigans; after which the victims and taxpayers were the ones who paid the price).