ReportWire

Tag: Trade regulation

  • Alex Jones ordered to pay $473M more to Sandy Hook families

    Alex Jones ordered to pay $473M more to Sandy Hook families

    HARTFORD, Conn. — Infowars host Alex Jones and his company were ordered by a judge Thursday to pay an extra $473 million for promoting false conspiracy theories about the Sandy Hook school massacre, bringing the total judgment against him in a lawsuit filed by the victims’ families to a staggering $1.44 billion.

    Connecticut Judge Barbara Bellis imposed the punitive damages on the Infowars host and Free Speech Systems. Jones repeatedly told his millions of followers the massacre that killed 20 first graders and six educators was staged by “crisis actors” to enact more gun control.

    “The record clearly supports the plaintiffs’ argument that the defendants’ conduct was intentional and malicious, and certain to cause harm by virtue of their infrastructure, ability to spread content, and massive audience including the infowarriors,” the judge wrote in a 45-page ruling.

    Christopher Mattei, a lawyer for the Sandy Hook families, said he hopes the award sends a message to conspiracy theorists who profit from lies.

    “The Court recognized the ‘intentional, malicious … and heinous’ conduct of Mr. Jones and his business entities,” Mattei said in a statement.

    On his show Thursday, Jones called the award “ridiculous” and a “joke” and said he has little money to pay the damages.

    “Well, of course I’m laughing at it,” he said. “It’d be like if you sent me a bill for a billion dollars in the mail. Oh man, we got you. It’s all for psychological effect. It’s all the Wizard of Oz … when they know full well the bankruptcy going on and all the rest of it, that it’ll show what I’ve got and that’s it, and I have almost nothing.”

    Eight victims’ relatives and the FBI agent testified during a monthlong trial about being threatened and harassed for years by people who deny the shooting happened. Strangers showed up at some of their homes and confronted some of them in public. People hurled abusive comments at them on social media and in emails. Some received death and rape threats.

    Six jurors ordered Jones to pay $965 million to compensate the 15 plaintiffs for defamation, infliction of emotional distress and violations of Connecticut’s Unfair Trade Practices Act.

    Jones, who lives and works in Austin, Texas, has bashed the trial as unfair and an assault on free speech rights. He says he will appeal the verdicts. He also has said he doesn’t have the money to pay such huge verdicts, because he has less than $2 million to his name — which contradicted testimony at a similar trial in Texas. Free Speech Systems, meanwhile, is seeking bankruptcy protection.

    Jones said Thursday that he has only a “couple hundred thousand dollars” in his savings account.

    Jones’ lawyer, Norm Pattis, wrote in a text message to the The Associated Press, “To paraphrase Karl Marx, the verdict was tragedy, this latest ruling is farce. It makes our work on appeal that much easier.”

    Bellis found Jones and Infowars’ parent company liable for damages without a trial last year, as a consequence for what she called his repeated failures to turn over many financial documents and other records to the plaintiffs. After the unusual “default” ruling, the jury was tasked only with deciding on the amount of compensatory damages and whether punitive damages were warranted.

    Jones says that he turned over thousands of documents and that the default ruling deprived him of his right to present a defense against the lawsuit.

    The punitive damages include about $323 million for the plaintiffs’ attorney fees and costs and $150 million for violations of the Unfair Trade Practices Act.

    In Connecticut, punitive damages for defamation and infliction of emotional distress are generally limited to plaintiffs’ legal fees. The Sandy Hook plaintiffs’ lawyers are to get one-third of the $965 million in compensatory damages under a retainer agreement.

    But there is no cap on punitive damages for violations of the Unfair Trade Practices Act. The plaintiffs had not asked for a specific amount of punitive damages, but under one hypothetical calculation they said such damages could be around $2.75 trillion under the law.

    In a similar trial in Texas in August, Jones was ordered to pay nearly $50 million to the parents of another child killed in the Sandy Hook shooting for calling the massacre a hoax. A forensic economist testified during that trial that Jones and Free Speech Systems have a combined net worth as high as $270 million.

    Jones hawks nutritional supplements, survival gear and other products on his show, which airs on the Infowars website and dozens of radio stations. Evidence at the Connecticut trial showed his sales spiked around a time he talked about the Sandy Hook shooting, leading the plaintiffs’ lawyers to say he was profiting off the tragedy.

    In documents recently filed in Free Speech Systems’ bankruptcy case in Texas, a budget for the company for Oct. 29 to Nov. 25 estimated product sales would total $2.5 million, while operating expenses would be about $740,000. Jones’ salary was listed at $20,000 every two weeks.

    On Wednesday, Bellis, the Connecticut judge, ordered Jones to not move any of his assets out of the country, as the families seek to attach his holdings to secure money for the damages. Jones, meanwhile, has asked the judge to order a new trial or at least reduce the compensatory damages to a “nominal” amount.

    A third and final trial over Jones’ hoax claims is expected to begin around the end of the year in Texas. As in Connecticut, Jones was found liable for damages without trials in both Texas cases because he failed to turned over many records to the plaintiffs.

    Source link

  • Alex Jones trial moves to punitive damages phase

    Alex Jones trial moves to punitive damages phase

    HARTFORD, Conn. — Infowars host Alex Jones is facing the possibility of having more penalties heaped onto the amount he already owes for spreading conspiracy theories about the Sandy Hook Elementary School shooting, as the punitive damages phase of his Connecticut trial is set to begin Friday in a lawsuit filed by the victims’ families.

    A jury last month ordered Jones and his company, Free Speech Systems, to pay nearly $1 billion in compensation to the Sandy Hook families for the harm they suffered when he persuaded his audience that the 2012 shooting that killed 26 people was a hoax perpetrated by “crisis actors.”

    The jury also said punitive damages should be awarded. That amount will be determined by Judge Barbara Bellis following evidentiary hearings set for Friday and Monday.

    The plaintiffs’ lawyers, in court filings, suggested punitive damages could total $2.75 trillion based on one hypothetical calculation, but have not asked for a specific amount.

    “Justice requires that the Court’s punitive damages award, punish and deter this evil conduct,” attorneys Alinor Sterling, Christopher Mattei and Joshua Koskoff wrote in a motion. “Only a punitive damages assessment of historic size will serve those purposes.”

    Jones’ lawyer, Norm Pattis, is arguing that any punitive damages should be minimal, in part because the $1 billion compensatory damages award is the functional equivalent of punitive damages due to its extremely large amount.

    “Few defendants alive could pay damages of this sum,” Pattis wrote. “Indeed, most defendants would be driven into bankruptcy, their livelihood destroyed, and their future transformed into the bleak prospect of a judgment debtor saddled for decades with a debt that cannot be satisfied. To regard this as anything other than punishment would be unjust.”

    Pattis did not return a message seeking comment. Mattei declined to comment.

    All the plaintiffs, including relatives of eight of the shooting victims and an FBI agent who responded to the school, gave emotional testimony during the trial, describing how they have been threatened and harassed for years by people who believe the shooting didn’t happen.

    Strangers showed up at some of their homes and confronted some of them in public. People hurled abusive comments at them on social media and in emails. And some said they received death and rape threats.

    Jones was found liable last year for damages to the families for defamation, infliction of emotional distress and violating Connecticut’s Unfair Trade Practices Act. Although punitive damages are generally limited to attorneys’ fees for defamation and infliction of emotional distress, there are no such limits for punitive damages under the Unfair Trade Practices Act.

    In a calculation in a plaintiffs’ court filing, they said Jones’ comments about Sandy Hook were viewed an estimated 550 million times on his and Infowars’ social media accounts from 2012 to 2018. They said that translated into 550 million violations of the Unfair Trade Practices Act.

    “If each of the 550 million violations were assessed at the $5,000 statutory maximum, the total civil penalty would be $2,750,000,000,000 ($2.75 trillion),” their attorneys wrote.

    They also said punitive damages for violations of the unfair trade practices law typically are multiple times more than compensatory damages.

    As for legal fees, the plaintiffs and their lawyers have a retainer agreement stipulating the law firm, Koskoff, Koskoff & Bieder, will get one-third of any compensatory damages recovered from Jones and Free Speech Systems. The firm says its legal costs in the case have been nearly $1.7 million so far.

    Jones has said on his Infowars show that it doesn’t matter how large the damages awards are, because he doesn’t have $2 million to his name and he wouldn’t be able to pay the full amounts.

    That contradicted testimony at a similar trial in Texas in August, when a jury ordered Jones to pay nearly $50 million to the parents of one of the children killed in the Sandy Hook shooting due to his lies about the massacre.

    A forensic economist testified that Jones and Free Speech Systems, Infowars’ parent company, have a combined net worth as high as $270 million, which Jones disputes. Free Speech Systems filed for bankruptcy protection in the middle of the trial in Texas, while a third trial over the hoax conspiracy is planned around the end of the year.

    Jones hawks nutritional supplements, survival gear and other products on his show. Evidence at the Connecticut trial showed his sales spiked around the time he talked about the Sandy Hook shooting — leading the plaintiffs’ lawyers to say he was profiting off the tragedy.

    In documents recently filed in Free Speech Systems’ bankruptcy case, a budget for the company for Oct. 29 to Nov. 25 estimated product sales would total $2.5 million, while operating expenses would be about $740,000. Jones’ salary was listed at $20,000 every two weeks.

    Jones has vowed to appeal all the verdicts against him related to Sandy Hook.

    Source link

  • Sparkling fish, murky methods: the global aquarium trade

    Sparkling fish, murky methods: the global aquarium trade

    LES, Indonesia — After diving into the warm sea off the coast of northern Bali, Indonesia, Made Partiana hovers above a bed of coral, holding his breath and scanning for flashes of color and movement. Hours later, exhausted, he returns to a rocky beach, towing plastic bags filled with his darting, exquisite quarry: tropical fish of all shades and shapes.

    Millions of saltwater fish like these are caught in Indonesia and other countries every year to fill ever more elaborate aquariums in living rooms, waiting rooms and restaurants around the world with vivid, otherworldly life.

    “It’s just so much fun to just watch the antics between different varieties of fish,” said Jack Siravo, a Rhode Island fish enthusiast who began building aquariums after an accident paralyzed him and now has four saltwater tanks. He calls the fish “an endless source of fascination.”

    But the long journey from places like Bali to places like Rhode Island is perilous for the fish and for the reefs they come from. Some are captured using squirts of cyanide to stun them. Many die along the way.

    And even when they are captured carefully, by people like Partiana, experts say the global demand for these fish is contributing to the degradation of delicate coral ecosystems, especially in major export countries such as Indonesia and the Philippines.

    There have been efforts to reduce some of the most destructive practices, such as cyanide fishing. But the trade is extraordinarily difficult to regulate and track as it stretches from small-scale fishermen in tropical seaside villages through local middlemen, export warehouses, international trade hubs and finally to pet stores in the U.S., China, Europe and elsewhere.

    “There’s no enforcement, no management, no data collection,” said Gayatri Reksodihardjo-Lilley, founder of LINI, a Bali-based nonprofit for the conservation and management of coastal marine resources.

    That leaves enthusiasts like Siravo in the dark.

    “Consumers often don’t know where their fish are coming from, and they don’t know how they are collected,” said Andrew Rhyne, a marine biology professor at Roger Williams University in Rhode Island.

    STUNNED BY CYANIDE

    Most ornamental saltwater fish species are caught in the wild because breeding them in captivity can be expensive, difficult and often impossible. The conditions they need to reproduce are extremely particular and poorly understood, even by scientists and expert breeders who have been trying for years.

    Small-scale collection and export of saltwater aquarium fish began in Sri Lanka in the 1930s and the trade has grown steadily since. Nearly 3 million homes in the U.S. keep saltwater fish as pets, according to a 2021-2022 American Pet Products Association survey. (Freshwater aquariums are far more common because freshwater fish are generally cheaper and easier to breed and care for.) About 7.6 million saltwater fish are imported into the U.S. every year.

    For decades, a common fishing technique has involved cyanide, with dire consequences for fish and marine ecosystems.

    Fishermen crush the blue or white pellets into a bottle filled with water. The diluted cyanide forms a poisonous mixture fishermen squirt onto coral reefs, where fish usually hide in crevices. The fish become temporarily stunned, allowing fishermen to easily pick or scoop them from the coral.

    Many die in transit, weakened by the cyanide – which means even more fish need to be captured to meet demand. The chemicals damage the living coral and make it more difficult for new coral to grow.

    LAX ENFORCEMENT

    Cyanide fishing has been banned in countries such as Indonesia and the Philippines but enforcement of the law remains difficult, and experts say the practice continues.

    Part of the problem is geography, Reksodihardjo-Lilley explains. In the vast archipelago of Indonesia, there are about 34,000 miles (54,720 kilometers) of coastline across some 17,500 islands. That makes monitoring the first step of the tropical fish supply chain a task so gargantuan it is all but ignored.

    “We have been working at the national level, trying to push national government to give attention to ornamental fish in Indonesia, but it’s fallen on deaf ears,” she said.

    Indonesian officials counter that laws do exist that require exporters to meet quality, sustainability, traceability and animal welfare conditions. “We will arrest anyone who implements destructive fishing. There are punishments for it,” said Machmud, an official at Indonesia’s marine affairs and fisheries ministry, who uses only one name.

    “NO REAL RECORD-KEEPING”

    Another obstacle to monitoring and regulating of the trade is the quick pace that the fish can move from one location to another, making it difficult to trace their origins.

    At a fish export warehouse in Denpasar, thousands of fish a day can be delivered to the big industrial-style facility located off a main road in Bali’s largest city. Trucks and motorbikes arrive with white Styrofoam coolers crammed with plastic bags of fish from around the archipelago. The fish are swiftly unpacked, sorted into tanks or new plastic bags and given fresh sea water. Carcasses of ones that died in transit are tossed into a basket or onto the pavement, then later thrown in the trash.

    Some fish will remain in small rectangular tanks in the warehouse for weeks, while others are shipped out quickly in plastic bags in cardboard boxes, fulfilling orders from the U.S., Europe and elsewhere. According to data provided to The Associated Press by Indonesian government officials, the U.S. was the largest importer of saltwater aquarium fish from the country.

    Once the fish make the plane ride halfway around the world from Indonesia to the U.S., they’re checked by the Fish and Wildlife Service, which cross-references the shipment with customs declaration forms.

    But that’s designed to ensure no protected fish, such as the endangered Banggai Cardinal, are being imported. The process cannot determine if the fish were caught legally.

    A U.S. law known as the Lacey Act bans trafficking in fish, wildlife, or plants that were illegally taken, possessed, transported, or sold – according to the laws in the country of origin or sale. That means that any fish caught using cyanide in a country where it’s prohibited would be illegal to import or sell in the U.S.

    But that helps little when it’s impossible to tell how the fish was caught. For example, no test exists to provide accurate results on whether a fish has been caught with cyanide, said Rhyne, the Roger Williams marine biology expert.

    “The reality is that the Lacey Act isn’t used often because generally there’s no real record-keeping or way to enforce it,” said Rhyne.

    LOCAL RESPONSE

    In the absence of rigorous national enforcement, conservation groups and local fishermen have long been working to reduce cyanide fishing in places like Les, a well-known saltwater aquarium fishing town tucked between the mountains and ocean in northern Bali.

    Partiana started catching fish – using cyanide — shortly after elementary school, when his parents could no longer afford to pay for his education. Every catch would help provide a few dollars of income for his family.

    But over the years Partiana began to notice the reef was changing. “I saw the reef dying, turning black,” he said. “You could see there were less fish.”

    He became part of a group of local fishermen who were taught by a local conservation organization how to use nets, care for the reef and patrol the area to guard against cyanide use. He later became a lead trainer for the organization, and has trained more than 200 fellow aquarium fishermen across Indonesia in use of less harmful techniques.

    Reksodihardjo-Lilley says it this type of local education and training that should be expanded to reduce harmful fishing. “People can see that they’re directly benefitting from the reefs being in good health.”

    For Partiana, now the father of two children, it’s not just for his benefit. “I hope that (healthier) coral reefs will make it possible for the next generation of children and grandchildren under me,” He wants them to be able to “see what coral looks like and that there can be ornamental fish in the sea.”

    A world away in Rhode Island, Siravo, the fish enthusiast, shares Partiana’s hopes for a less distructive saltwater aquarium industry.

    “I don’t want fish that are not collected sustainably,” he says. “Because I won’t be able to get fish tomorrow if I buy (unsustainably caught fish) today.”

    ———

    Associated Press video journalist Kathy Young reported from New York. Marshall Ritzel contributed to this report from Rhode Island. Edna Tarigan contributed from Jakarta.

    ———

    Follow Victoria Milko on Twitter: @thevmilko

    ———

    The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content.

    Source link

  • US businesses propose hiding trade data used to trace abuse

    US businesses propose hiding trade data used to trace abuse

    A group of major U.S. businesses wants the government to hide key import data — a move trade experts say would make it more difficult for Americans to link the products they buy to labor abuse overseas.

    The Commercial Customs Operations Advisory Committee is made up of executives from 20 companies, including Walmart, General Motors and Intel. The committee is authorized by U.S. Customs and Border Protection to advise on ways to streamline trade regulations.

    Last week — ahead of closed-door meetings starting Monday in Washington with senior officials from CBP and other federal agencies — the executives quietly unveiled proposals they said would modernize import and export rules to keep pace with trade volumes that have nearly quintupled in the past three decades. The Associated Press obtained a copy of the proposal from a committee member.

    Among the proposed changes: making data collected from vessel manifests confidential.

    The information is vitally important for researchers and reporters seeking to hold corporations accountable for the mistreatment of workers in their foreign supply chains.

    Here’s how it works: Journalists document a situation where laborers are being forced to work and cannot leave. They then use the shipping manifests to show where the products end up, and sometimes even their brand names and whether they’re on a shelf at a local supermarket or a rack of clothes at a local mall.

    The proposal, if adopted, would shroud in secrecy customs data on ocean-going freight responsible for about half of the $2.7 trillion in goods entering the U.S. every year. Rail, truck and air cargo is already shielded from public disclosure under U.S. trade law.

    “This is outrageous,” said Martina Vandenberg, a human rights lawyer who has filed petitions with CBP seeking to block shipments of goods suspected of being made by forced labor.

    “Every year we continue to import and sell millions of dollars in goods tainted by forced labor,” said Vandenberg, president of the Washington-based Human Trafficking Legal Center. “Corporate America should be ashamed that their answer to this abuse is to end transparency. It’s time they get on the right side of history.”

    CBP said it would not comment on ideas that have not been formally submitted by its advisory committee but said that the group’s proposals are developed with input gathered in public meetings.

    But one of CBP’s stated goals in creating what it has dubbed a “21st Century Customs Framework” is to boost visibility into global supply chains, support ethical sourcing practices and level the playing field for domestic U.S. manufacturers.

    Reports by the AP and other media have documented how large quantities of clothing, electronics and seafood make their way onto U.S. shelves every year as a result of illegal forced labor that engages 28 million people globally, according to the International Labor Organization. Much of that investigative work — whether into clothing made by Uyghurs at internment camps in China’s Xinjiang region, cocoa harvested by children in the Ivory Coast or seafood caught by Philippine fishermen toiling in slave-like conditions — starts with shipping manifests.

    “Curtailing access to this information will make it harder for the public to monitor a shipping industry that already functions largely in the shadows,” said Peter Klein, a professor at University of British Columbia, where he runs the Hidden Costs of Global Supply Chains project, an international collaborative between researchers and journalists.

    “If anything, CBP should be prioritizing more transparency, opening up records of shipments by air, road and rail as well.”

    In its 34-page presentation, the business advisory panel said its goal in further restricting access to customs data is to protect confidential business information from “data breaches” that it says “have become more commonplace, severe and consequential.”

    The group also wants CBP for the first time to provide importers with advance notice whenever it suspects forced labor is being used. Activists say such a move puts whistleblowers overseas at risk of retaliation.

    GM declined to comment, referring all inquiries to the Customs Operations Advisory Committee. Neither Intel nor Walmart responded to AP requests for comment.

    In August alone, CBP targeted shipments valued at more than $266 million for inspection due to suspected use of forced labor, including goods subject to the recently passed Uyghur Forced Labor Prevention Act. Additionally, last month the U.S. Department of Labor added 32 products — among them acai berries from Brazil, gold from Zimbabwe and tea from India — to its list of goods possibly made with child or forced labor, making them targets for future enforcement actions.

    The proposal to make vessel data confidential comes as American companies are under increasing pressure from consumers to provide greater transparency regarding their sourcing practices, something reflected in the ambitious language found in many corporate social responsibility statements.

    But Vandenberg said the proposed restrictions are in line with less-touted litigation and lobby efforts by major companies to water down enforcement of the U.S. ban on forced labor.

    She cited a brief filed last week by the American Chamber of Commerce, the world’s largest business federation, in a case now before a federal appeals panel in Washington. At issue is whether tech companies can be held responsible for the death and injury of children in the Democratic Republic of Congo forced to mine cobalt that ends up in products sold in the U.S.

    The lawsuit was brought by families of dead and maimed children against tech giants Alphabet (the parent company of Google), Apple, Dell Technologies, Microsoft and Tesla under what’s known as the U.S. Trafficking Act, which allows victims to sue ventures that benefit financially from forced labor. The case was dismissed last year after a district judge found the companies lacked sufficient ties to the tragic working conditions in the DRC.

    The Chamber of Commerce, in asking the appeals panel to uphold that decision, said the serious global problem of forced labor is best addressed by private industry initiatives, Congress and the executive branch — not U.S. courts.

    Such suits “often last a decade or more, imposing substantial legal and reputational costs on U.S. companies that transact business overseas,” the Chamber of Commerce wrote in a friend-of-the-court filing.

    The mismatch in rules governing disclosure of trade data for different forms of transportation goes back to 1996, when lobbying by the airline industry reversed a law passed by Congress that same year that for the first time required air freight manifests be made public.

    In 2017, Scottsdale, Arizona-based ImportGenius — a platform used to search shipping data — was among companies that unsuccessfully sued the federal government seeking to obtain aircraft manifests.

    “Suppressing information about goods coming into our country is breathtakingly stupid,” said Michael Kanko, CEO of ImportGenius. “From discovering imports of human hair linked to forced labor, to understanding the flow of PPE during the pandemic, to tracking importers of tainted, deadly dog treats, public access to this data has empowered journalism and kept consumers safe. We need more transparency in trade, not less.”

    ———

    AP Writer Martha Mendoza contributed to this report.

    Follow Goodman on Twitter: @APJoshGoodman

    Source link