A Silence So Loud
Let’s hope by this summer, or even autumn, the House Corrupt of Rupert Murdoch begins to fall. Just in time for the 2012 election, and Fox News’ ramp up of lies, damn lies, and false statistics…
Nick Davies reports:
On Saturday morning, the police arrested four journalists who have worked for Rupert Murdoch. For a while, it looked as though these were yet more arrests of people related to the News of the World but then it became clear that this was something much more significant.
This may be the moment when the scandal that closed the NoW finally started to pose a potential threat to at least one of Murdoch’s three other UK newspaper titles: the Sun, the Times and the Sunday Times.
The four men arrested on Saturday are not linked to the NoW. They come from the Sun, from the top of the tree – the current head of news and his crime editor, the former managing editor and deputy editor.
Nothing is certain. No one has been convicted of anything. The four who were arrested on Saturday – like the 25 others before them – have not even been charged with any offence. But behind the scenes, something very significant has changed at News International.
Under enormous legal and political pressure, Murdoch has ordered that the police be given everything they need. Whereas Scotland Yard began their inquiry a year ago with nothing much more than the heap of scruffy paperwork seized from the NoW’s private investigator, Glenn Mulcaire, Murdoch’s Management and Standards Committee has now handed them what may be the largest cache of evidence ever gathered by a police operation in this country, including the material that led to Saturday’s arrests.
They have access to a mass of internal paperwork – invoices, reporters’ expense claims, accounts, bank records, phone records. And technicians have retrieved an enormous reservoir of material from News International’s central computer servers, including one particularly vast collection that may yet prove to be the stick that breaks the media mogul’s back. It is known as Data Pool 3.
(click here to continue reading Mysteries of Data Pool 3 give Rupert Murdoch a whole new headache | Media | The Guardian.)
Sometimes That’s How It Works
and D.D. Guttenplan adds:
The US Department of Justice, on its website, helpfully offers links to the text of the Foreign Corrupt Practices Act (FCPA) in fifteen languages, from Arabic to Urdu. The English version is sixteen pages long, and probably ought to be in Rupert Murdoch’s iPad so he can skim through it during his flight this week from New York to London, where the British branch of his media empire made more headlines on Saturday.
…But as the Guardian’s Nick Davies, the reporter who broke the hacking scandal this summer, explained last week, what makes this handover particularly dangerous for the Murdochs is that this data, “which was apparently deliberately deleted from News International’s servers,” might also “yield evidence of attempts to destroy evidence the high court and police were seeking.” Destroying such evidence, or perverting the course of justice, as it’s known here, is a felony in Britain. But it is also a crime under the FCPA—§ 78m (b) 5, which states: “No person shall knowingly circumvent or knowingly fail to implement a system of internal accounting controls or knowingly falsify any book, record, or account.”
Although Davies’s reporting exploded the “rogue reporter” defense, until now the Murdochs have just about managed to maintain plausible deniability for themselves. But the traditional prosecution strategy of picking off the guilty underlings and then flipping them up the corporate ladder has gotten uncomfortably close to James Murdoch—and that was before the company started throwing employees off the train, which is how even longtime Murdoch minions like Trevor Kavanagh, the Sun’s former political editor, see this weekend’s arrests.
As the evidence mounts that much of Murdoch’s journalism was built on illegal invasions of privacy and corrupt relationships with police, three questions remain in urgent need of answers: Why should British authorities permit an in-house News Corporation committee, regardless of how fragrant its members may be, to serve as gatekeepers of the company’s records—especially when there is abundant evidence of efforts to destroy or delete incriminating evidence? In light of the latest arrests relating to corrupt payment to government officials, and bearing in mind actor Jude Law’s claim that his phone was hacked on his arrival at JFK airport, when will the Justice Department get serious about its own investigations? (There is also the lesser question of whether we are really to believe that methods which consistently delivered tabloid gold for editors and reporters in Britain would be too sleazy to tempt the high-minded hacks at the New York Post?)
And finally, what did the Murdochs know and when did they know it? Unlikely as it might have seemed in July, we may be about to find out. As more News Corp. executives come to believe they are being sacrificed to protect Rupert’s succession plan, the probability increases that someone who knows the answer will decide to cooperate with authorities. This gives the Justice Department, in particular, enormous leverage. In 2009 Siemens paid $800 million in fines for violating the FCPA—which also provides for possible prison sentences of up to five years. Amid the steady drumbeat of revelations from London it is important to keep an eye—and ear—on Washington. That’s where you’ll hear the sound of the other shoe dropping.
(click here to continue reading When Will the Justice Department Get Serious About Murdoch? | The Nation.)
A nice stiff fine would be nice, or even better, take away their FCC license…
Submerged Danger Object
Lois Beckett reports:
This weekend, five more journalists from a Rupert Murdoch-owned British tabloid were arrested as part of an ongoing bribery investigation.
The arrested journalists, all from the The Sun, were later released, and have yet to be charged with any crimes. (As the Wall Street Journal explained this summer, arrests in the U.K. are often made early in a criminal investigation, and may not be followed by any charges.)
But the arrests have once again raised questions about whether Murdoch’s News Corporation might face prosecution for bribery in the U.S. under the Foreign Corrupt Practices Act.
Reuters reported last week that U.S. authorities are “stepping up investigations” into the potential bribery by Murdoch employees. An FBI spokeswoman told ProPublica, “We’re aware of the allegations and we’re looking into it.”
As we noted during the unfolding of the phone hacking scandal this summer, the U.S. has stepped up prosecutions of companies for bribery of foreign officials in recent years, and the fines for these violations can be steep. Companies can face prosecution by the Justice Department if they record bribery payments, or be pursued by the Securities and Exchange Commission for fake record-keeping if they falsify documents to conceal the bribes.
The statute of limitations on civil Foreign Corrupt Practices Act charges is five years. The New York Times reported Saturday that it was not clear when the allegations that led to the Sun arrests had taken place, “though some of those arrested have told friends that they were questioned on events from almost a decade ago.”
(click here to continue reading New Arrests in Murdoch Bribery Scandal Raise Question of U.S. Charges – ProPublica.)