people versus corporations

james armstrong james36armstrong at hotmail.com
Sun May 15 19:24:03 BST 2011








CORPORATIONS CONDEMNED –

Action to restore the rights of people against companies.

                                                                                                                   
James Armstrong

 

SUMMARY


 

1       
Setting a
Renewable, variable, termination date (RVTD) , and activating it, for each
corporation  will restore  equity between people and privileged
corporations .

 

2       
An Assembly of the
people chosen by lottery is needed to strengthen government agisnt the attacks
of corporations

 

3       
The fiscal
deficit  was caused by speculation by corporations
who are able and the appropriate source of repaying the debt. Only this course
can restore corporate integrity.

 

4       
The arguments
for corporations not people repaying the deficit-

 

-        
corporations
harvest the greatest share of GDP

-        
corporations are
rich enough to pay off the deficit with impunity

-        
corporations are
more mature than people and so better able to pay

-        
People’s welfare
takes precedence over corporate 
privilege

-        corporations are
more resilient than people

 

5       
The action
required is for HMG to  allocate shares
of the debt to corporations and send each an invoice. 

6       
Massive
law-breaking by corporations has been identified by Office of Fair Trading,
by   Financial Services Authority and by Crown
Court in UK.  By EU
Commission in E.U. and by the Federal Authorities in USA (£million fines listed)

7       
Jarvis
Engineering escaped massive fines by voluntary Administration 

8       
. The case for
setting and implementing  a universal
Variable and Renewable Termination Date. To regain control of the corporate
sector. 

9       
Rigging the
Housing Market as an example of unlawful corporate monopoly practice.

 

ACTION  .   Take HMG and Corporate house-builders to
court for  breech of the human rights
convention, article 8  - the right  to enjoy family life. This is breeched by the  rigged malfunctioning house supply  market , the actions of the corporations in amassing
and  controlling available bulk  permissioned land , and the failure of HMG to
prosecute this.

 HMG  further restrict supply by  maintaining  a planning regime which becomes restrictive
and onerous  in the conditions where   market conditions have been destroyed.,  where there is an endemic failure in house
supply and where self supply by self-build is shut out by the  monopoly landbanks of the giant corporate  house-builders, and where needy people
have  no prospect of  obtaining housing  even those privileged by  inclusion on waiting lists.

 .  

                                                                                                                       May 2011 

 

 

 

 

What needs to be done, 

- to
control all corporations  so they behave
in future

presently they shrug off massive
fines . By an oversight we forgot to set a limit to their ‘life’.

Setting a renewable variable
termination date (RVTD) to reward or punish every existing and new corporation  will restore equity between people and out of
control companies.   

-to control governments so they are

 daily answerable to
people 

Presently
after  you vote M.P.s in,  you have no say on any  particular policy.

A people’s assembly chosen
by lottery can set M.P.’s  agenda, 

decide on election dates and
on subjects needing a referendum, or an enquiry, control lobbying and sack M.P.
crooks. This is no new idea- direct assemblies &  people’s tribunes were

 the basis of democracy 2,500 years ago.   

- to pay
off corporate-caused debt

   so speculation by bankers  doesn’t pay

presently companies,
especially banks, are immune from the ultimate  consequences of speculation and free to put
the  currency and our savings at risk.
Reducing their credit creation, limiting their age, size and amalgamations  and making them accountable is the
programme.  Levying the whole cost of
corporate speculation  on the corporate
sector –ONLY- 

is the first step to
reintroduce ethics in corporations.  

Allowing  banks to issue limitless credit puts the  UK currency at risk. 
HMG should not rely on predatory banks to fund the national debt.    May 2011   
james36armstrong at hotmail,com

   companies not people must pay.  

There
is no need to cut services or jobs or pensions. 

 It’s a preposterous try on, maybe the final
surrender -“Economists and business
leaders should not let Osborne get away with Tea Party statements about Britain
risking bankruptcy and having no choice but to suffer” says Will Hutton in the
Observer, 10 APRIL’11  

There is no justification for increasing taxes.

To even suggest people should pay for the debts incurred by
financial gamblers is treason. It
amounts to  an elected government selling
out the people to the banking mafia, making 
us and  our children permanent
debt slaves. Companies only, those responsible
first, and the others picking up the balance, 
but not  people -  must pay. 

On top
of student loans, huge mortgages needed to pay high house prices, increased VAT
and taxes and reduced pensions repaying company debt will  tip us into slavery.    

       companies only
 should and can pay
easily, both those responsible  and those others who  share
their privileged honorary existence.   It
will be good for their and our moral welfare.                      


 

COMPANIES
ARE EXPENDABLE AT OUR WILL.

That’s
what they were designed for !

Companies
were invented circa 1700 as a shield to facilitate trade and commerce so that people
would not lose all their  money when a speculation
failed but they remain a two way deal –with society, not executives or
shareholders  having the major stake in
their good behaviour. Now is the time for society to take stock and for  the people 
to call in this favour.    

Nationally
and globally these honorary type of ‘people’ have outgrown and daily grossly
abuse their privilege. They are more mature than any person or government,
more  rich than you or me,  have a simultaneous presence in countries
overseas, avoid and evade  taxes in £billions
 and are immune from  the laws which put criminals in jail. These
dishonourable ‘honorary’ people now daily advise (really control) government. They
draft legislation, form powerful associations, sponsor political parties, avoid
tax and break the law. While you vote once in five years, they are permanently installed
in the corridors of Whitehall and Brussels. We absentmindedly tolerate these self-replicating, cannibals.

 

 

ONLY CROOKS INCUR MULTI- 
£MILLION FINES.

Bankers
-Goldman Sachs were fined $550 million in USA and £17million by F.S.A. Then BBC consults them as
financial experts!. 

Microsoft
fined e53million by E.U., Shell, B.P., Railtrack,(Woolworths), Hasbro (toys) ALL
FINED OVER £1MILLION EACH by O.F.T. : 104 construction firms ‘named’ for fraudulently
rigging bids for public contracts to build schools, hospitals etc

 So you didn’t know? SIMONS CONSTRUCTION fined
£838,000, by OFT  yet Simons are the Charles Street, (Dorchester) developers.   


            

                    THE SIZE OF EACH
SECTOR…

 

In 2007, the total surplus 
in the gross domestic product is £343, 934 million 

              (Annual Abstract Table 16.2) Using
the surplus of the 2007 GDP as a measure of wealth 

THE
ABSURDITY OF CHARGING PEOPLE , OR GOVERNMENT AND 

ABSOLVING  CORPORATIONS BECOMES APPARENT. 

 

THE REASONS WHY COMPANIES SHOULD PAY  

 

The share of wealth argument  

(Annual
Abstract, GDP- Income Table 16.2  (2006)-income
share of GDP 

The corporate
sector harvests £248,316 m .,  72 % of
the U.K.
nation’s surplus. Government 4% and Households 
£82,112m ( 24%)    So the choice is between people and
corporations paying.    

Clearly Corporations  harvest nearly three quarters of the  nation’s wealth and have the greatest stake
in  the nation’s economy. and dependence on
its future stability.

THE ARGUMENT- why companies should pay.

 

 

The 
ability to pay argument.

Corporations  individually outrank people - in some cases -governments  in wealth.

Just one bank,
Messrs Barclays, has a gross capitalization 
equivalent to  24% of the Gross
Domestic Product of UK  of £1,300
billion. ( £1.3 trillion)

 

The maturity argument

A typical
government is in office in UK  for ten years. Ministers may be in position
for 2 or 3 years. One hundred years, or two hundred and sometimes three hundred
years is the span of established companies. 
Control of corporate life-span is needed for democracy’s survival.    

                  The culpability argument

The banks are  responsible for manufacturing 95% of the money
supply-not the banknotes but as debt and credit. Over-availability of
credit  caused a rampant increase in
house prices.  Irresponsible mortgage
lending, (combined with high house prices)caused lack of confidence.Manufacture
of unfathomable and insubstantial packages 
of mortgages, their misdescription as assets  and 

th blind trading
of them  inevitable led to alack of trust
in the system by speculatorspeculators prominent  among whom were banks There was  a run on Northern Rock bank which specialized
in trading  mortgages. Clearly the
corporate sector caused the crisis at every stage.   Corporations should pay.

     

The Primacy Argument 

Corporations are
a construct and exist only at the grace and convenience of the people.

When they become
harmful the structure needs amendment . It is appropriate to sacrifice
inanimate insensitive corporations 
before living  sentient
people.  








 

The resilience argument

Cutting  child care affects child welfare

Cutting
education  leaves a worse educated
population

Cutting health
care is detrimental to  people’s health

Cutting
pensions  affects  people’s    
quality of life

 

IN CONTRAST,
PASSING ALL THE BURDEN OF FISCAL DEBT TO COMPANIES, AS EVIDENCED BY THEIR
RESILIENCE TO REPEATED AND MASSIVE FINES, WOULD NOT AFFECT THEM.       

 

C OMPANIES ARE ABLE AND SHOULD BE WILLING 

     There are some
1,237,000 incorporated companies trading in UK.

 One, SANTANDER, with  a capitalisation of £75billion-  could alone pay off  Portugal’s
sovereign debt 

HM Treasury  should send each corporations an
invoice for their  share  of this bagatelle, or people’s welfare will be
sacrificed   -

                 To pay off Corporations’
gambling debts. 

 

 

  COMPANIES
ARE TOO MANY, TOO MATURE, TOO BIG, TOO POWERFUL 


  TOO RICH.AND TOO UNETHICAL 

 MANY OF
THEM  PURSUE GOALS WHICH ARE  ANTI-SOCIAL ON A

 NATIONWIDE
SCALE. 

THE EFFECT IS THAT DAILY WE EXPERIENCE FROM THEM MAJOR

ASSAULTS ON PUBLIC WELFARE .   

THE MEANS ARE TO HAND TO REDUCE THEIR SHARE OF THE  NATIONAL ACTIVITY .

 By default we have
allowed them to prey on people, strangle individual initiative and capture the
benefits produced by individuals . 

   An important  means by which they do this is by acting on
politicians and political parties to  use
parliamentary powers to capture the institutions, public corporations and
public services  which were set up  at the expense of / for the benefit of
people.

These resources of property and services are then converted
to assets to be used and abused for profit not for public welfare.  So people lose twice. People lose control of
a public resource, and the public aims of the resource are diverted  and subordinated and sacrificed to the aims
of profit and generating  executive
rewards.






Corporations
are out of control.  The measures needed
to  bring them into control are set out. 

 

CONCLUSIONS  (from the table opposite) 

Other corporate
misdemeanors established by FSA often don’t result in fines. 

Other such  major misdemeanors  perhaps of the order of 10:1  would not be detected   

 

Add to these fines the
hundreds  imposed in UK
by Office of Fair Trading amounting to further £millions and we conclude :

 

1 serial  wrongdoing on a major scale is being carried
out by spiv  banks, building societies
insurance companies and financial operators who abandon  integrity . 

 

2 The amounts of the misdemeanors
and of the fines establishes the ability of the corporate sector  to carry the entire burden of the fiscal
deficit.

 

3 We also conclude that it is
inadvisable and imprudent for government to 
rely on the corporate sector to further national aims for people’s
welfare.   

 

4 
The integrity of incorporation and trust as  the basis of public life is at risk. The
frequency of fines and the secrecy surrounding EU contributions  and 
who gets £m CAP handouts  points
to stepping  up corporate  control and government transparency and
accountability..

 

 

 

 

 

 

         LAW-BREAKING ON A MASSIVE SCALE

 

FINANCIAL
SERVICES AUTHORITY    FINES IMPOSED ON
COPORATIONS -      2011       15                      2008                   22                     (Annual totals -£millions)

2010       89                      2007                     5

2009       35 
                    2006                   13

 

                      Allocation of  Fines of £1million or over   (£million)       

2011

           1.4  
Norwich and Peterborough
BS       1.2
Barclays Capital Securities

7.7     Barclays Bank                               2.8 Royal Bank
of Scotland

 

2010

 2.8  
Scottish Equitable                   
    17.5 Goldman Sachs

1.6    Societe Generale                          5.6 Zurich
Insurance

33.0  
J P Morgan                                2.8 “Simon Eagle”

4.0    Waterflood Securities                  1.4    Getco Europe  

1.7 Kensington
Mortgage Co               2.4     Standard Life 

 

2009 

2.4 Barclays
Capital                                   8.0 UBS AG

1.6 HSBC                                                   1.4 Morgan Stanley

5.3 AON  Ltd 

 

2008

7.4 Alliance
and Leicester BS                     5.6 Credit Suisse

1.0 HFC Bank

 

2007

1.3  Norwich
Union  Ins.                               1.0 Nationwide BS

               £ 245,000 only       Carphone Warehouse

                £ 150,000 only       Merryl Lynch 

                £ 750,000 only      Guardian  Assurance         Source .  
FSA web site 

 

           FINES IMPOSED BY OFFICE OF FAIR TRADING 

On Matel (the toymakers)                                                                  
£5million

 

On giant tobacco
manufacturers                                                    
£225million

 

On 8 recruitment agencies                                                             
£ 39million   

 

On 103 construction firms (for
rigging bids for public contracts) £ 129million 

 

These  are the ones found guilty and punished.   How many went unpunished?

How many went undetected.?        Many more were fined less than
£1milllion. 

 

THE £3m FINE IMPOSED ON NETWORK RAIL IN THE  HIGH COURT , 13 May 2011

 

THE CRIME 

 

Death of six passengers and one by-stander.

 

THE  EVENT 

Rail crash at Potters Bar 

 

THE CAUSE 

Criminally negligent maintenance of the track and points 

 

THE GUILTY PARTY 

- Two  private corporations,  Railtrack   
and Jarvis

 

THE GREAT ESCAPE 

When it was apparent that Jarvis Engineering were likely to be fined,
the company went into voluntary administration.    

 

THE  CORPORATE SCAM

Since Network Rail, the successor to Railtrack,  is publicly owned , the innocent party- the
victim – is landed with the bill for fines incurred by the criminal neglect of
the Jarvis corporation. 

 

THE LESSONS

In the event of a corporation going into voluntary administrationwhen a
court case is pending the directors of the company should be put on trial as
persons –incurring if appropriate the normal penalties of persons if found
guilty- in this case imprisonment.

 

 

 

 

 

 

 

 

 

 

 

THE APPROPRIATENESS OF FIXING A RVTD IN SUCH CASES.

The ability of a company to
exercise the power of voluntary liquidation 
makes the case for the state  to
apply the much less onerous sanction of reducing the life-span of an existing
company for malpractice using a  Renewable
Variable Termination Date.. 

At present Companies House has
the reserve sanction  of forcing a
company into liquidation.

 

 

 

THE JARVIS STORY

Jarvis Engineering was  the giant company responsible for maintaining
the track at Potters Bar

Where, in May 2002, a train
traveling at 100 m.p.h. left the track killing six passengers and one
by-stander..

It had admitted joint liability for
the crash after a humiliating apology after trying to blame a saboteur with
“informed “ engineering knowledge.

 

The people killed                                           The
Jarvis Directors  2006   

 

Austen Kark,                                                  
Steven Norris,M.P.   Chairman

Emma Knights                                               
R Entwhistle   CEO

Jonael Schickler                                             
John O’Kane   Financial
Director                            

Alexander Ogunwusi,                                      Elizabeth
Filkin

Chia Hsin Lin                                                   Prof. Brian Nellit

Chia Chiun Wu.                                              
Christopher Rew  

Agnes Quinlivan                                              
Michael Houghton

                                                                
         Kjeil Karlsen

                                                                         
Patrick M Chale

                                                                         
Andrew martin

                                                      
                    Geoff  Mason

                                                                          
Adrian O’Shea

                                                                          
Bernard Washbrook

 

 

Jarvis Group turnover     2004            £1,076m

Profit                                                  £71m

Profit after tax                                    £41m

Shareholders no.                                7,281

No. of shares                                      144m

 

(95% of shares were held by those
holding 25,000 shares or more.)

 

Jarvis was accused of failing in
the administration , maintenance and inspection of the track ….. but Office of
Rail Regulation dropped its pursuit of the case after the company went into
administration last year 2010.   By that
time the faults of the company were well` established.

 

Network Rail   has been fined £3m by St
  Albans Crown Court for failings over the Potters
Bar crash. 

Network Rail has no shareholders
and its debt is guaranteed by the Government,  This means that ANY FINE IMPOSED WILL COME OUT
OF THE PUBLIC PURSE..

A Network Rail spokesman said “We
have been sentenced for failings that contributed to this accident and we
accept the liabilities we inherited from Railtrack.” see D Tel.14May 2011

 


 

SETTING AND ACTIVATING A  RENEWABLE VARIABLE TERMINATION DATE FOR EACH
REGISTERED CORPORATION RESTORES CONTROL BY REGULATORY AGENCIES OVER THE
CORPORATE SECTOR WHICH DAILY AND VITALLY THREATENS PEOPLE AND DEMOCRACY TO-DAY
IN UK AS IT DID IN AFRICA AND WEST INDIES  IN COLONIAL TIMES. 

 

THE ORIGIN OF CORPORATIONS  – THEY ARE TOO MATURE  

Some three hundred years ago
groups of people   were given the
privilege of  a corporate identity to
shield individuals from the ultimate consequences when a trade speculation
failed.  

Now there are some  1 million plus companies registered in UK
(compared with the adult population of some forty million) but we have
forgotten to give them another human attribute- mortality- with the effect that
they threaten and act to dominate individual humans and suborn their defence of
democratic government.    

Companies can capture and use the
resources of millions of  people  to the company’s benefit and to the peoples’
distress.  What  was drawn attention to by Conrad (in Heart of
Darkness) and by Sir Roger Casement 
applying to the Belgian Congo - a non industrial colony in 1800’s,  is now upgraded to exploit the people of UK
in 2011, and to do so with immunity ..  

 

 

 

THEY ARE TOO BIG 

The Banks are too big to
fail.  HMG, acting like irresponsible
spendthrifts, relies on borrowing to fund day to day activities.  Issuing bonds , and paying interest on them ,
postpones till to morrow paying for to-days expenditure.

HMG thus sets the example to
profligate spenders. And puts its existence in hock to the  financial sector who buy, at interest
government ‘paper (bonds –debts).  This
unnecessarily exaggerates the power of the 
corporations and betrays the integrity of the people- the people who
take responsibility to pay off the debts of the government, and to  bail 
out defaulting financiers.

Funding expenditure by debt
to  corporations is completely
unnecessary.

It is also not prudent since
corporations  are of such wealth and
power they  can now manipulate sovereign
states by threatening their currency. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSING , AN EXAMPLE OF A  RIGGED MARKET                   J Armstrong  May 2011

There is a housing crisis in UK.

In the private ‘for sale’ sector,
house prices are out of reach of  couples
even when both are bringing in average or above salaries. 

In the public sector, local
authorities are no longer funded to build council houses.

Millions of council houses have
been sold off and are no longer available. 

Waiting lists are
unrealistic.  Of the 5million on waiting
lists in England
there is no prospect of many being 
provided.  For others waits  of ten years are usual. 

        For both private and government
assisted houses , (so called affordable homes), 

at a time when there is a huge
unfilled demand, construction of new houses has fallen to a record low
achieving 1920’s levels. 

Concurrently population growth,
and increased family formation  are
accompanied by government immigration policies significantly increasing net
immigration to 150,000 pa.

Sustained over  twenty years. 

 
         Government  accedes to this situation.   The evidence- 

1 The high  and rising house price stimulate the
financial sector by increasing demand for ever larger mortgages.

 
This chimes with  government
economic policy of  increased consumption   achieved by accessibility of credit – for
mortgages and via associated borrowing on credit cards and finance for consumer
purchases.

2 The financial sector of the UK
economy accounts for some 32 per cent of GDP, and is the chosen sector of
growth by HM Treasury (compare manufacturing at 12 % and the  next biggest, the  wholesale and retail trade at 14 %

 House builders (“Home-builders” is  corporate and government spin) benefit from
this situation.

Giant corporate house builders
such as Taylor- Wimpey- Persimmon  make
more profit from the increase in value of their undeveloped  landbanks than from building houses.

It pays such house-builders to
restrict the number of houses built. This increases the shortfall, maintains
the high price of new houses and safeguards the 
greater increase in the value of the undeveloped land in their massive
landbanks which yields more profit than building hoiuses. 

Their  exclusive control of land with planning
permission is like the nineteenth century enclosure movement with all its
misery, brought up to date and refined to concentrate on the core high value
permissioned development land.    

THE RESULT.  Government policy has been tuned to meet the
needs of the  financial sector , the
giant corporation in construction and in finance. The needs of 5 million people
desperate for houses-  an  essential human need for homemaking, has not
only been ignored, but is made infinitely worse in order to make profits for
corporations. 

This is a prime example of the
power of corporations, the subversion of government and the abandonment of
peoples’ welfare as the prime motivation of government.    

The  ARGUMENT FOR CHANGE     

5million waiting lists and out of
reach prices caused by government policy is a breach of article 8 of the human
rights convention, which acknowledges the right to family life. Because of the
enclosure of all bulk permissioned 
land  and the unpunished monopoly
activities of house building corporations with controlling market shares  and 
with the restrictive Planning regime self supply of new houses is
effectively banned.   The total market
has been rigged.

ACTION TO ARRAIGN HMG  AT THE HAGUE
IS INDICATED.  The process itself will
encourage HMG and regulatory agencies to act to restore market conditions for
house supply.   

 .

   

 

 

 

 

                           

  


 

 

 

 

 

 

 

 

 

 

 		 	   		  
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