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Raymond J. Learsy

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France's 75% Millionaires Tax and America's Insidiously Crafted Two Tiered Law Enforcement

Posted: 08/12/2012 9:55 am

France's newly elected Socialist President Francois Hollande has vowed to impose a 75% tax on anyone's income above a million Euros equivalent to $1.24 million. Clearly there is growing concern among the upper echelons of the France's business class as Hollande presses forward his 'manifesto of patriotism' to 'pay extra tax to get the country back on its feet again' ("Indigestion for 'les Riches," New York Times, August 8, 2012).

The political rationalization for Hollande's initiative is to provide political cover for the deep cuts that the government may need to make to France's extensive social and welfare programs.

Yet the motivating force can be ascribed to a far more destructive impulse imbued with the class animosity dating back to the Revolution. Significantly, Hollande has been quoted, "I don't like the rich." Voila!

And that goes to the root of Europe's visceral response to the growing backlash against the wealthy, be it to France's everyman's historically uncomfortable relationship to money and class distinctions, on to the cultural pervasiveness of that heavily laden German word "Neid," freely translated as 'envy.'

It has always stood in sharp contrast to one of America's great strengths and core to its culture of economic advancement and opportunity. The celebration of the self-made man. Here a Steve Jobs or a Bill Gates is both honored and regaled as having achieved the American dream, a dream that can be shared and dreamt by all Americans for themselves or their children. All of which really brings us to the heart of the issue, the growing backlash in this country against the wealthy.

In these United States, government agencies, peopled too frequently with those who are beholden to -- or revolving door alumni of -- the very industries they are meant to regulate, do their work braying about financial settlements they have achieved from a plethora of civil fraud actions. Left unsaid is that given the massive wealth of the companies involved, these settlements appear little more than a slap on the wrist.

The oversight agencies are seemingly unaware that their task is of a much higher order. Their mission is first and foremost to keep in place the intrinsic values of what has made America great. For the Justice Department, the SEC, the CFTC to achieve a moneyed civil settlement, paid out of the pockets of a company's shareholders does not make up for the universal outrage at company managements walking away, not only scot-free to loot again, but with their perverse bonuses based in measure on fraudulent earnings in tact, and without fear of claw back.

It is an issue that gnaws at the American sense of fair play. It has conveyed to Americans of all means and background that the playing field has become fundamentally corrupted, a playing field not always perfect, but good enough to be cherished and to be recognized as one of the key impulses to American greatness and achievement. That our system has descended into a maelstrom of crony capitalism that no longer speaks to the American dream nor can be counted upon to enhance America's destiny.

It is clear that the playing field has become fundamentally corrupted to the advantage of the purveyors of crony capitalism. That this is not the America that gave us the pride in the accomplishment of a Microsoft, a Google, an Apple, an Oracle, a Starbucks, an Estee Lauder, a DreamWorks, the list could go on for pages. That now even the extraordinary achievement of a Facebook can be brought to heel through the greed of its bankster-organized IPO costing investors billions of losses, to the benefit of those who were insiders. That it has become a system of special privilege and access. Those on the inside hold all the chips while Main Street goes down the drain.

Ironically, or perhaps propitiously on the very day the New York Times regaled us with the "Indigestion for les Riches" another article, "Fraud Cases Often Spare Individuals," focusing on "More civil penalties than ever but few criminal charges" raising the issue that while collections have supposedly been a boon to taxpayers, resurrecting questions about the paucity of indictments at companies getting the stiffest penalties. Senator Jack Reed (D-R.I.), chairman of a subcommittee that oversees securities regulation, is quoted: "A lot of people on the Street are wondering how a corporation can commit serious violations of securities laws and yet no individuals seem to be involved and no individual responsibility was assessed."

If the rule of law is not applied equally, whereby a teenager harboring a pack of marijuana gets jail time while executives who cashed in millions peddling fraudulent financial instruments remain untrammeled, the very edifice of America begins to crumble.

 
 
 

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01:50 PM on 08/16/2012
The problem is that these packages of securities were put together in a legal fashion. The prospectus clearly disclosed the risks, and specified exactly what types of debt were included. Lawyers reviewed the papers. If the documentation was factually correct, then it is ridiculous for financially sophisticated players like hedge funds and insurance companies to say they were cheated.

The truth is, they didn't do due diligence, and they didn't examine the securities they were buying. They had a staff of lawyers and accountants who could have examined this stuff before they purchased it, but they chose to take it at face value.
11:22 AM on 08/14/2012
We should send these millionaires green cards, we could use their money, plus the bonus they would only have to pay 35% here. Win win increase our tax base.
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jsgaetano
Legum servi sumus ut liberi esse possimus
09:45 PM on 08/13/2012
This would be an automatic fix for corporate malfeasance. Stopping a corporation's executive staff from plundering the company every year, they'd instead have to be compensated with equity in the company. When most of their wealth is tied up in the company they work for, they'll stop treating their job like playing at a casino, and instead think about the long-term stability of the company. America should emulate this- a top tier income tax bracket of 75% is what made America an economic powerhouse.
08:42 PM on 08/13/2012
Leave it to the solialist to run the Rich out of their country. Thousands ar elevating the country. " U.K. Prime Minister David Cameron angered the French last month when he said he would "roll out the red carpet" to wealthy French citizens and firms who wanted to move out and pay their taxes in Britain, where the top rate is 50% on incomes over US$235,000. "

US could be next.
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Badfinger1
The fist of Goodness..lol
07:09 PM on 08/13/2012
...It is time for the "Fist of Goodness"....sans skylight.. too esoteric?
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PRONESE
Somewhat Opinionated Curmudgeon
03:46 PM on 08/13/2012
75%
http://www.youtube.com/watch?v=8TwwEGjoRMo
R/ PRONESE
02:23 PM on 08/13/2012
The "Masters of the Universe" in Wall Street are the OWNERS of the For-Profit Prison system in the USA.
They finance the Judges who send petty criminals to do hard time in the For-Profit Prison system. They finance the Congressmen who write the laws that the Judges use to send the petty criminals to the For-Profit Prison system.
They finance the campaigns of the Prosecutors who use the laws to bring before the Judges the petty criminal who will be sentenced to hard-time in the For-Profit Prison system.
They finance the companies who will contract work out to the For-Profit Prison system where the petty criminal will be forced to labor for 5 cents/hour to build product, or else.
You don't bite the hand that feeds you.
02:07 PM on 08/13/2012
What is to become of the welfare state that is France once they run their golden geese out of the country?
04:50 PM on 08/13/2012
what is to happen to the golden geese once all their ports of call no longer want them?

Perhaps they can float along in the pacific on an island of gold no one will take to sell them a sailboat.

As the saying goes no man is an island.
05:21 PM on 08/13/2012
There will ALWAYS be someone to take them and there fortunes with open arms. 
08:43 PM on 08/13/2012
Grease? Oh I meant Greece.
mgpayne
Trying to make sense of it all
01:55 PM on 08/13/2012
Look at France $1.24 million is rich. US $250,000 for married couple is riich. I think I like France's numbers better.
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vipersdad
01:46 PM on 08/13/2012
There is a quote that I think is especially apt here: I don't normally quote this person, as I often find myself in disagreement with his writings, but in this case I think he was a visionary:

The ideas of the ruling class are in every epoch the ruling ideas, i.e. the class which is the ruling material force of society, is at the same time its ruling intellectual force. The class which has the means of material production at its disposal, has control at the same time over the means of mental production, so that thereby, generally speaking, the ideas of those who lack the means of mental production are subject to it. The ruling ideas are nothing more than the ideal expression of the dominant material relationships, the dominant material relationships grasped as ideas.


Oh - the writer was Karl Marx in 1845 (German Ideology)
12:55 PM on 08/13/2012
highly recommend a book called "the rich get richer and the poor get prison" by Jeffrey Reiman if any of these points speak to you
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Lazyrenowriter
12:46 PM on 08/13/2012
"You can fight in the courts or fight in the streets." I forget where this quote comes from, but parts of America have been doing this for decades - the gangs . The courts are not perceived of as being interested in justice, but rather as a means of providing privilege to the rich and powerful while stripping the rights from the poor. The main purpose of plea bargains has been for many years, in many jurisdictions, just a way to utilize threats and coercion to impose the will of the prosecutor who would rather work to cover up abuses either in his department or within police forces. Meanwhile more laws are being passed to force more people into a corner. As long as the courts are over-burdened this will just be a growing problem. How many laws exist just to protect those in position of authority from the people ?
01:12 PM on 08/13/2012
It's a money maker for the the legal profession and psych services professionals. A kid gets busted smoking pot, the lawyer makes his/her 1500-2500, the drug councilor gets her 800 or so and the kid gets an expunged record after 3 years.
mgpayne
Trying to make sense of it all
01:53 PM on 08/13/2012
I was often told growing up that courts & laws were the first thing to go when dictators take over.
T-Haight
What was wrong with federalism?
12:05 PM on 08/13/2012
You'll get no complaint from me that there is crony calitalism afoot in this country (think any tax law or a few Solyndras), but I can't see how that links up with corporate fraud.

The reason why those CIVIL penalties are paltry is because they are CIVIL actions. The reason they are CIVIL actions is because the SEC (or the equivalent regulator for the specific industry) knows they don't have nearly enough evidence to secure a CRIMINAL prosecution. Usually, the regulator doesn't even have enough evidence to secure a CIVIL conviction, but the company pays the small fine without admitting wrongdoing to avoid having its name muddied in the press.

How any of this is related to a breakdown in societal values is a mystery to me. It seems more like Mr. Learsy wanted to write an article about how we need to prosecute bankers to ensure societal harmony, but that this was the best argument he came up with. It needs work if he intends to take it on the road.
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ImmanuelGoldstein
Founder of the "Brotherhood"
02:47 PM on 08/13/2012
The problem with these CIVIL penalties is that they are inadequate to deter wrongdoing. When the penalty is a tiny fraction of the money made by the violation it's hardly a deterrent.
T-Haight
What was wrong with federalism?
04:45 PM on 08/13/2012
You're correct, but that's largely due to the subject rules and laws.
 
If something is actually wrong and intollerable, there should be (and usually is) a criminal statute that prohibits it.  That's not remotely what's going on here.  The problem is all the gray areas, where nobody can quite agree on what's right and wrong, and that have been left to regulators to write up regulations on.  Regulators have zero credible criminal charges, and even the regulatory ones they bring up in civil court are questionable.
 
A lot of things are outrageous but legal.  The ones the author is complaining about fit squarely in this camp.
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Jaroslaw
11:52 AM on 08/13/2012
I should also add the outrageous salaries companies pay are deducted from gross income as well, and the the recipient can hide most of it in tax shelters, often lobbied for by the same rich interests.......