Container leasing rates have soared, with some trade routes experiencing price increases of at least 50% since the start of the year. For instance, the one-way leasing rate for a 40-foot-high cube container from Ningbo to Savannah has surged to $1,500 from $800 in January, and from Shanghai to Long Beach, it has risen from $1,000 earlier this year to $1,500.

However, the issue is not just the need for containers, but a need for empty containers. Containers are concentrated in the wrong areas due to high demand and the reluctance to ship empty containers back to other ports. This is driven by disruptions in long-haul and intra-Asia services, mainly due to vessel diversions around southern Africa and increased export demand from Asia. Ports in China, Taiwan, and Singapore are especially hard-hit, with severe shortages at key locations such as Ningbo, Dalian, Guangzhou, and inland hubs like Wuhan and Chongqing.

Ocean carriers have responded by prioritizing equipment for their most significant and most loyal customers, often favoring long-haul over intra-Asia services. Some carriers have implemented priority surcharges, restricted equipment for contracted clients, charged guaranteed space premiums, and adjusted volume allocations. Meanwhile, significant investments are being made in new container orders to alleviate the shortages, with companies like China International Marine Containers (CIMC) seeing a fivefold increase in sales in the first quarter.

Staxxon‘s revolutionary foldable container could be a game-changer in addressing these distribution challenges. These empty containers can be folded, enabling more efficient transportation and storage. Instead of shipping empty containers, one at a time back to their point of origin, which is often cost-prohibitive, carriers can transport as many as five empty folded and bundled Staxxon containers in the space of a single standard container. This innovation can significantly reduce logistics costs and improve the availability of containers where and when they are most needed, helping to balance the global supply and demand more effectively.

According to George Kochanowski, Staxxon CEO, “It has been well known that using Staxxon folding containers would bring considerable benefits to the intermodal shipping world if one were to reduce the footprint of empty containers and meet the rigors of the ISO standards. With Staxxon’s commitment to introduce our 40-foot high cube container this fall, the shipping world will finally get the opportunity to realize these benefits.”

Richard Danderline, Staxxon CFO commented “Increases in transportation costs for imported goods has been a key driver of global inflation since the shipping crises of 2022. Introducing Staxxon folding containers into the supply chain provides an opportunity to break the cycle of transportation-related inflation.”

By implementing Staxxon’s foldable containers into the supply chain, the industry can mitigate the impact of misplaced containers, reduce the cost of repositioning empty containers, and enhance operational efficiency, ultimately leading to a more resilient and responsive supply chain.

By Skyler Romero  LA Journal Staff Writer  

A wellness company accused of sex trafficking, forced labor and money laundering has moved to stop the federal government from intervening in a Los Angeles County Superior Court lawsuit against one of  its most prominent accusers.

Attorneys for OneTaste Inc.  claimed that prosecutors in the Eastern District of New York seek to violate their client’s right to discovery by asking that the case be stayed pending their own criminal investigation of the company.

Founded in 2004, OneTaste bills itself as an education and wellness company focused on teaching a practice known as orgasmic meditation.

Last October, the company sued a former member of its program, Ayries Blanck.  It had previously settled her claims that the company had forced her to partake in sexual acts with staff, supervisors and customers, ac­ cording to the opposition filed on Fri­  day. On&Taste Incorporated v. Ayries Blanck, et al., 22STCV33093 (filed Oct. 7, 2022).

“The company decided to settle the claim rather than-go through the cost of litigation, as many cases are settled,” Edwin F. McPherson, who represents OneTaste, said in a phone interview Friday. He suggested that the government has not made it clear whether she is involved in the investigation.  I’ve  never heard of – and criminal lawyers that I know have never heard of – the government coming  in, trying to stay a case against someone who they can’t even say if it’s a witness or not — which is a little bit odd, since they’ve already got indictments, so at some point they’re going to have to tell the secret as to whether or not she’s a real witness or just a potential witness,” said McPherson of McPherson LLP in Los Angeles, who represents OneTaste.

Despite agreeing as part of the settlement not to disparage the company further, the opposition motion said, Blanck continued to make the claims in public, which became the subject of multiple high-profile print exposés and documentaries, including one on Netflix. “Blanck has conveyed a completely false and defamatory account of One­ Taste (and others) in the media,” the opposition read. “Every claim that Blanck has made, whether paid for her story or not, is demonstratively false. Each time that Blanck has participated in a story that is derogatory of OneTaste, OneTaste and its thousands of participants have been further substantially injured.”

In an answer to OneTaste’s lawsuit against her, Blanck listed affirmative defenses including failure to state a claim, statute of limitations and unclean hands. She is represented by Joshua A. Waldman and Rosamund M. Lockwood of Burkhalter Kessler Clement & George LLP in Irvine, who could not be reached for comment by phone or email by press time on Friday.

 In May, U.S. Attorney Breon S. Peace of the Eastern District of New York filed a highly redacted motion to intervene and stay the case against Blanck.

In Thursday’s opposition to that motion; McPherson said it stemmed from a criminal investigation by the district into OneTaste initiated by Blanck’s accounts in 2018.

The investigation has since resulted in indictments for former OneTaste CEO and co-founder Nicole Daedone as well as former head of sales Rachel Cherwitz on forced labor charges ­ although not for the company itself, the opposition noted.  

“It doesn’t make a lot of sense to us, because people who worked for this company were paid, so we don’t know what forced labor is,” McPherson said on Friday. “In any event, those are the charges against these two women, but the company has not been charged yet, and the U.S. attorney’s office is trying to get this case stayed, I guess because they don’t want anybody to question their potential witness.

McPherson called the district’s assertions that Blanck is a potential fact witness in the federal investigation speculative and vague. “EDNY does not state how Blanck might be a witness, or against whom she might be a witness, or, perhaps more importantly, why, after over five years of investigating, the government cannot figure out whether Blanck actually is a witness, or how many other potential witnesses there might be (whose cases EDNY will presumably try to get stayed as well),” he wrote in the filing. “This attempt is not even close to the showing re­ quired to warrant intervention, let alone a stay.”  

A hearing on the government’s motion to intervene is set for July 19. [email protected]

In 2016, an anonymous source working at Mossack Fonseca, a Panamanian law firm, leaked a huge database of records exposing companies using the country as a tax shelter. Many powerful international figures were implicated, including the prime ministers of Georgia, Iceland, Iraq, Saudi Arabia, Qatar, and Sudan. But there was a notable lack of Americans on the list. That’s because Americans don’t have to hide their wealth offshore. States like Delaware and Nevada offer the same advantages as countries like Panama here in the United States. Delaware is the sixth smallest state in the country, with a population of around 900,000, but over a million businesses are incorporated there, including over 60% of Fortune 500 companies.  Delaware makes almost half its tax revenue from a $300 per year licensing fee on limited liability companies (LLCs) incorporated in the state. Delaware has no corporate income tax, and allows company owners to remain anonymous. Residency in the state is not required to incorporate a company there. All that’s needed is a Delaware address to receive corporate documents. A single address in Wilmington is the home to over 250,000 companies, including General Motors, Apple, Google, and Walmart. While some in Congress have tried to outlaw such loopholes, well-paid lobbyists representing big corporate interests have thus far prevented any meaningful change. While some companies flock to Delaware because of the lack of regulation, others seek Delaware’s strong, well-developed body of case law. Corporate lawyers love the state because there is so much legal precedent, making it easy to predict the outcome of a lawsuit. Delaware even has a special court system, the Court of Chancery, designed specifically to deal with business disputes. Earlier this year, President-Elect Joe Biden was criticized for his relationship with Chancellor Andre Bouchard, who is the head justice on the Court of Chancery. Shirley Shaw, a New York businesswoman, took out ads in key swing states condemning Biden for supporting the court, which she claimed was “too male, too white and anything but open.” Her anger with Bouchard arose out of a 2016 ruling, in which the court ordered the sale of TransPerfect, a company co-founded by her son, Phil Shawe. Shawe and his ex-fiance, Liz Elting, started the company as students at NYU. After a breakdown in their personal relationship, Elting sued Shawe in an attempt to sell her portion of the company. After the two were unable to come to an agreement, the Court of Chancery, in a four to one ruling, ordered that the entire company be liquidated. This surprising move caused many, including former New York Mayor Rudolph Giuliani, to question whether Delaware would be able to retain its position as the best place to incorporate a business. It’s time for Delaware to reform its corporate secrecy laws and reduce corruption. However, even if this occurs, it won’t stop other states from becoming tax havens to secure lucrative tax revenue. States like Nevada and Wyoming are already emerging as alternative business hubs. Transparency, along with the removal of corrupt figures, is the only thing that can stop Delaware’s Court of Chancery from continuing on its path of crookedness.On a state integrity investigation conducted in 2015 in partnership with Global Integrity, Delaware received a failing score.

Global Integrity

Global Integrity is a worldwide organization that researches and provides data on government corruption and use of public resources, then uses their evidence to shape policy and practice, while remaining committed to open governance. In 2015, The Center for Public Integrity partnered with them to conduct an inspection of all fifty United States. This report assesses the systems in place to deter corruption in our government at the state level. Delaware ranked 48th out of 50. Below are details on their lowest scoring categories.

Public Access to Information

Delaware scored a 46/100 in this category. While Delaware’s Freedom of Information Act does state that citizens have the legal right of access to government information, they only scored a 50/100 in consistency of actually providing the information to the public. There are many exemptions to the law, including the entire judiciary, state lawmakers, and any staff member working for the caucus of either the Democratic or Republican parties. Calendars and email of the Governor and all state legislators are not available to the public. Members of the public must submit a written request for information, and wait for a response from an understaffed office with few resources. If denied, they can appeal to the Attorney General’s office, but they do not prioritize these requests. Their score on reasonable timelines for response to requests was 25/100.

State Pension Fund Management

Not only is there no law in place to mandate that Delaware’s state pension fund is managed transparently, but there is also no requirement that Delaware’s Board of Pension Trustees include any experts in investment policy. Members of the Board are also not required to file annual financial disclosures, so this information can neither be audited, nor accessed by the public.

Ethics Enforcement Agencies

Delaware does have a state ethics office, the Public Integrity Commission, but it is only tasked with overseeing the executive branch. It is funded by the Department of State, making it subject to political negotiations. It is underfunded, with a budget of $188,500 in 2013 (for comparison, Rhode Island’s ethics agency had a budget of $1.5 million that year) and has just two full-time employees. The results of its audits are subject to privacy laws that render them inaccessible to the public.

Judicial Accountability

Perhaps the most frightening discovery of all is the level to which the judiciary branch of Delaware’s government is accountable only to itself.  The courts operate largely in secrecy, deciding for themselves what information is accessible to the public and what is private. There are no laws in place to protect against nepotism, cronyism, or patronage, and state judges are not required to disclose any gifts received by family members or with a value of less than $250 in their annual reports. The judiciary investigates and penalizes its own members when they are accused of wrongdoing, and there is no legal process in place to evaluate the performance of state judges. In reading the full report, it is easy to see that Delaware has much room for improvement when it comes to transparency of government, and these laws must be updated to increase accountability for our state officials. The Delaware government must work for its citizens; there is currently too much opportunity for corruption within the system,In 2014, the carefully-crafted house of cards built by Richard T. Callery, M.D. came tumbling down when a police officer discovered while on the witness stand that the drug evidence in his case had been tampered with. Dr. Callery had been the Chief Medical Examiner (CME) and head of the Office of the Chief Medical Examiner (OCME) since 1997, and licensed by the Board of Medical Licensure and Discipline since 1989. Several units of the Forensic Sciences Lab, including the Controlled Substances Unit, fell under his supervision as the Delaware state CME. The 2014 discovery of evidence tampering triggered a state investigation into the department, which produced some unsettling information regarding Dr. Callery’s negligence and mismanagement of his duties to the state of Delaware and its justice system. The official report on the eventual suspension of his license details the corruption Dr. Callery displayed by running a private practice in conjunction with his official state duties to Delaware. He was required to work a minimum of 37.5 hours per week at the OCME, and billed the state of Delaware for all of this time while spending much of it working in his private practice. The approximate cost to the state for illegally billed hours was $100,000.  78% of the phone calls Dr. Callery took while working at the OCME from September 2012 to March 2013 were related to his private practice, and he held meetings in OCME conference rooms. He performed 173 exams or autopsies for the state of Rhode Island from 2008-2011 and billed them $166,665 for his time while taking no sick or vacation days from his role with Delaware. As part of his job, Dr. Callery was provided with a state-owned vehicle to be used for work-related travel. He used this vehicle for personal travel and his private practice, while still billing his private clients for travel expenses. It was discovered by using the GPS tracker on the vehicle that it was only parked on the OCME premises for 54 total hours in 2009, 56 hours in 2010, and 17.5 hours in 2011. The investigation into evidence tampering produced two more potential cases, and resulted in the OCME being discredited.  This caused the dismissal of criminal cases, reduced charges due to lack of proper evidence, and thousands of people seeking to overturn their convictions in the wake of the scandal. The board alleged that Dr. Callery’s private practice operation led him to become negligent in his duties as CME, as his long absences and high level of distraction caused him to be unable to properly supervise his team. Dr. Callery argued that the OCME was a mess when he inherited it in 1997, and he had worked hard to gain and attain its accreditation, and for twenty years there were no problems. Though the investigation uncovered potential evidence tampering, no one under his supervision was fired or charged with a crime. He stated that he did not agree with the suspension of his license, and he had done a good job and had nothing to be ashamed of. Nevertheless, the board suspended his medical license as of September 17, 2019. He will have the opportunity to earn it back after eighteen months, in March 2021.While many Delawareans remain concerned about widespread corruption at the state level, local governments are also rife with government employees eager to exploit their offices for personal gain. Harrington City, a small town of 3,500 around 20 minutes south of Dover, recently lost two of its top executives, after explosive revelations by former City Planner Jeremy Rothwell. Rothwell accused the Mayor, Anthony Moyer, and City Manager, Don Williams, of taking advantage of lax oversight to use the local government to further their own interests. Although Williams originally denied the charges, a report by the state Public Integrity Commission, using the preponderance of evidence standard, found wrongdoing by both of the men. “It is more likely than not that Mr. Moyer and Mr. Williams both engaged in conduct that would constitute violations of the State Code of Conduct,” the report concluded. Although only the last page of the eleven-page report was publicly available, it detailed widespread corruption by the mayor and city manager’s office.  Both engaged in a pattern of inappropriate, and at times illegal, behavior. Moyer allegedly abused his office to exact personal concessions from other organs of the city government in regard to a property he owned, known locally as the “Quillen Building.” According to local tax records available on the Kent County website, the building, located at 40 Commerce Street, is owned by Moyer Real Estate, which purchased the property for $620,000. It later fell into a state of disrepair. According to Rothwell, the building had chipped paint and other maintenance issues, but was not cited for any code violations, allegedly because Moyer pressured city inspectors against issuing a citation. The state investigation into the matter could not substantiate these allegations, but it did determine that Moyer tried to charge the city for replacing the driveway and sewer line in front of his property. Williams, for his part in the scandal, was accused of failing to report Moyer’s malfeasance. The state investigators said he had a “conflict of interest” regarding Moyer, but the nature of that conflict is not explicitly discussed in the publicly released portion of their report. He also took a week-long trip to Nashville for a work-related conference, for which he billed the city. However, the conference only lasted four days, and the other three days were spent vacationing. Williams later offered to reimburse the government for the cost of the trip. Williams was immediately fired by the city council, although he later tried unsuccessfully to appeal this decision. Under state law, Moyer, as an elected official, could not be fired by the council, which mostly manages city finances, employees, zoning, and other small-scale regulatory matters. He retained his job until retiring in August for what he claimed were unrelated health reasons. The corruption in Harrington City might seem small when compared to what is going on at the state or national level, but it is just one example of a much larger problem in local governments all around the state. Across Delaware, from large cities like Wilmington to tiny towns like Harrington City, government officials are taking advantage of the goodwill of their constituents and exploiting the powers delegated to them. Greater oversight and active participation from the citizenry is the only effective way of preventing future abuse.Former California Representative Duncan Hunter was sentenced to 11 months in prison for misuse of campaign funds after a long investigation into him and his wife’s spending activity. President Trump has since pardoned him. 

Who Is Duncan Hunter

Hunter is an American politician who served as a U.S Representative for California’s 50th congressional district from 2013 to 2020. He was born in San Diego, California, and obtained his degree at San Diego State University. Hunter joined the United States Marine Corps shortly after the September 11th terrorist attacks. He spent time at the Officer Candidates School in Quantico. After his graduation, he served as second lieutenant and did multiple tours in Iraq. Hunter was honorably discharged in 2005 and started a residential development company following his discharge. However, he was soon called back for duty in Afghanistan and promoted to captain. The Hunter family has a history in politics and Hunter’s father was a member of Congress and helped his son succeed him.

The Investigation

The investigation into Hunter began when hundreds of thousands of dollars from campaign funds were discovered missing. Soon they would be found to have been spent by Hunter and his wife on personal and lavish expenses. Hunter’s home that was allegedly bought with the campaign funds was sold when the allegations came out. Other charges such as their children’s school payments and restaurant charges were under suspicion. Hunter’s wife, Margaret acted as his campaign manager and quickly became the center of the investigation. The FBI looked into former aides, lawmakers, and multiple women in Washington who Hunter had questionable relationships with. Throughout the investigation process, Hunter denied the allegations that him and his wife used the campaign money for personal expenses saying “Nah, I know the rules…And if I did, it was an accident and I paid it back.” 

Hunter Pleads Guilty

Hunter and his wife were charged with 60 criminal counts of campaign fund related transgressions. After months of denying allegations, Hunter pled guilty to misuse of campaign funds. Hunter’s wife, Margaret, took a plea deal and testified against her husband. It was revealed that for years the Hunter family relied on campaign funds for many of their personal expenses. These expenses include vacations, groceries, and medical bills. Hunter’s 11 months sentence was set to begin on January 4th, 2021 at a West Texas prison camp, however on Tuesday, December 22nd, 2020, President Trump pardoned him.   Sources: https://www.politico.com/story/2018/02/08/duncan-hunter-campaign-funds-fbi-397621 https://www.cnbc.com/2019/12/03/duncan-hunter-pleads-guilty-to-misuse-of-campaign-funds.html https://www.cnn.com/2020/12/22/politics/trump-pardons/index.html https://en.wikipedia.org/wiki/Duncan_D._Hunter  OPINION  Dear Friends, In my view, there is one word that defines Chancellor Andre Bouchard’s career, it is: CORRUPTION. And as this story below confirms, at least he is consistent. My sources say Andre Bouchard is set to kiss his Skadden and other friends goodbye with a slew of golden parachutes, seemingly, in my opinion, financed by TransPerfect workers — per usual, his rulings are expected to have nothing to do with the merits or the law. Law360 quotes this line on Bouchard: “We expect that those rules will be ignored by Delaware and the soon to be ex-Chancellor [Andre G. Bouchard] in a final insult to this profitable company he tried to destroy, making millions for his friends along the way.” What more damage did the lame duck Chancellor Bouchard inflict on the 6,000 workers that called for a government investigation into his relationship with Skadden? Stay tuned to the Coastal Network for up to the minute coverage. Respectfully Submitted, Judson Bennett, Coastal Network https://www.law360.com/articles/1348398/transperfect-says-ross-aronstam-shirked-its-client-duties TransPerfect Says Ross Aronstam Shirked Its Client Duties By Lauren Berg Law360 (January 25, 2021, 10:36 PM EST) — TransPerfect Global Inc. sued Ross Aronstam & Moritz LLP,  and name partner Garrett D. Moritz, Monday in Delaware Chancery Court, accusing its former counsel of malpractice after it hid information from TransPerfect on the orders of its court-appointed custodian. Ross Aronstam’s representation of TransPerfect during a bitter Chancery Court sale process in 2017 was compromised by its responsibilities to retired Skadden Arps Slate Meagher & Flom LLP partner Robert B. Pincus, the translation company’s appointed custodian, who directed the firm to hide billing information from its clients at TransPerfect, according to the complaint. TransPerfect said it paid Skadden substantial fees for the custodial work, but when the company’s owners and officers demanded detailed invoices from Pincus and his firm, they never received them. A TransPerfect shareholder responded by filing a complaint in Chancery Court seeking the invoices, the suit says. Shortly before that filing, Pincus retained Ross Aronstam to represent TransPerfect and instructed the firm to “oppose all efforts” by the company’s owners and officers to find out more about the fees, according to the complaint. “Despite [Ross Aronstam]’s clear duty to TransPerfect, their client, [Ross Aronstam] negligently, recklessly or willfully followed [Pincus’] instructions, which were directly contrary to the interests of TransPerfect and solely operated to the benefit of [Pincus] and Skadden,” the suit says. Ross Aronstam didn’t make any effort to inform TransPerfect of its conflict, according to the suit, nor did it resign or seek guidance from the court. Even though the court eventually ordered Pincus to provide TransPerfect with the detailed invoices and billing information, TransPerfect says it still suffered harm because the court ordered production of disclosures only for bills for May 2019 and onward. The bills for the time period when Ross Aronstam represented TransPerfect had already been submitted and paid without the company having the right to review them, according to the suit. “Defendants were not just neglectful,” TransPerfect said. “They disloyally breached their fiduciary and ethical duties to TransPerfect, which arise from separate facts, gave rise to separate injuries and requires the award to TransPerfect of separate, equitable remedies.” The suit seeks $50,000 in compensatory damages, litigation costs and interest. The suit comes after TransPerfect filed a similar complaint in New York state court against Ross Aronstam, accusing the firm of malpractice and breach of fiduciary duty. The company said that then prompted the law firm to go to the Delaware court, claiming TransPerfect was violating the sale process by going to an outside court. The firm is asking the court to hold TransPerfect in contempt, an issue on which the court has yet to rule, according to the company. “The suit filed today belongs in New York Supreme Court and is nothing more than coerced tomfoolery because under Delaware’s rules the Chancery Court may not hear a case that only seeks money damages,” Martin Russo, an attorney for TransPerfect, told Law360 in a statement Monday. “We expect that those rules will be ignored by the soon to be ex-Chancellor [Andre G. Bouchard] in a final insult to the profitable company he tried to destroy, making millions for his friends along the way.” A representative for Ross Aronstam did not immediately respond to a request for comment. Back in 2015, Pincus was tapped as custodian to sell TransPerfect to take the company’s warring co-CEOs Elizabeth Elting and Philip Shawe out of the equation – a solution created by a judge as the most equitable way to protect the financial future of the company. That decision stemmed from what was essentially a business divorce between Elting and Shawe, who started TransPerfect out of a dorm room at New York University in 1992, and were at one point engaged to be married before breaking up in 1997, according to court records. While their romantic ties appeared to fall apart, their business relationship did not, and over the years the translation company grew into a global powerhouse in the industry with 92 offices in 86 cities worldwide, court records show. But the co-CEOs’ professional dealings eventually fractured into a morass of litigation in both Delaware and New York, with Elting seeking to have the company dissolved because of the endless corporate battles. The case went before the Chancery Court for a six-day trial in 2015, and during post-trial arguments, Chancellor Bouchard warned the pair to come to some sort of settlement or he would be forced to write an opinion that makes both sides look “small-minded, petty and vindictive.” Then in May 2016, Shawe made a $300 million offer to buy out Elting’s 50% stake in the company, before he won a stay in August 2016 to appeal the company’s sale. That same month, Shawe was ordered to pay $7.1 million to Elting to reimburse her for the legal fees she ran up while battling him for sanctions over claims that he destroyed or withheld evidence, directed subordinates to enter Elting’s office and photograph or take documents and files, and then lied to the court about it. In February 2017, the Delaware Supreme Court upheld the Chancery Court’s right to appoint a custodian to oversee the sale of TransPerfect. Then in September 2017, Shawe sued Pincus for allegedly warning that Shawe could be barred from bidding for TransPerfect or competing with it after the forced sale, claiming the sanctions threats were unconstitutional. The following month, Shawe said he was slated to buy out Elting’s shares, with the purchase approved by the Chancery Court in February 2018 and upheld by the state Supreme Court in May 2018. When TransPerfect sued Pincus in Nevada state court in 2019, accusing him of improperly billing for his services, Pincus said the company should be sanctioned and held in civil contempt because it flouted the Chancery Court’s orders by bringing the suit in Nevada. The Chancery Court ordered the company and Shawe to pay a $30,000-per-day contempt-of-court sanction, prompting TransPerfect to drop the suit. TransPerfect is represented by Frank E. Noyes II and Douglas Capuder of Offit Kurman PA and Martin Russo. Counsel information for Moritz and Ross Aronstam was not immediately available. The case is TransPerfect Global Inc. v. Ross Aronstam & Moritz LLP et al., case number 2021-0065, in the Court of Chancery of the State of Delaware. –Additional reporting by Matt Chiappardi, Vince Sullivan, Jeff Montgomery, Reenat Sinay and Kevin Penton. Editing by Breda Lund.In April of 2019, Crystal Martin, an associate registrar at the Delaware State University Office of Records and Registration, plead guilty to taking bribes to assist out of state students to fraudulently qualify for in-state tuition. Parents paid Martin to forge documents falsely claiming that they lived in the state of Delaware in order to save on tuition at the university. Like many universities that receive state funding, Delaware’s state schools charge lower tuition rates for students who come from the state. The thought is that local families, whose tax dollars subsidize such schools, should get a discount over students from families that pay taxes in a different state. Martin’s position in the Office of Records and Registration, which oversees student enrollment at the school, gave her knowledge of the procedure by which residency documents were verified. She was able to exploit these procedures to help the families effectively steal from the university. Martin worked with Stephen Williams, a resident of New Jersey, who found out of state families and convinced them to pay him to get their children in-state tuition. He then forwarded their information to Martin, who forged the required documents. Martin cost the University $3,000,000 between 2013 and 2017, when she lost her job. In all, she earned $70,000 for her cut of the scam. “Individuals who accept bribes while serving in a public capacity risk undermining trust in those institutions,” wrote David Weiss, United States Attorney for the District of Delaware, who prosecuted the case. Martin, who faced a possible 10-year sentence for her crimes, was sentenced to serve only 15 months in prison for the scheme. Williams was sentenced to over three years in prison, plus another three years on probation, and forced to pay over $3 million in restitution to the college. What is so surprising about this case is that Delaware State University’s out of state tuition costs aren’t even that high in the first place. At $16,904 per year, the university charges out of state students substantially less than the average state-affiliated college, which charges $21,184 per student. Penn State University, in neighboring Pennsylvania, charges more than twice as much, at $35,984 per student. Even Pennsylvania residents pay $18,454 per year at the school, more than they’d pay in out of state tuition at Delaware State. William’s involvement is even more baffling. She charged a mere $300 to some families, while saving students potentially tens of thousands of dollars over the course of their four years at the school. She earned an average of just $17,500 per year from the scam, less than the typical worker makes at a minimum wage job. The Crystal Martin bribery scandal is just one controversy surrounding Delaware State University. The school recently agreed to reform its Title IX policy, which concerns how the university responds to sexual assault allegations, after a protest by victims who claimed their attackers were being let off the hook by the school.OPINION Dear Friends, Isn’t it interesting that both former Chief Justice Leo Strine and Chancellor Andre Bouchard will both have departed their honorable appointments well before their terms were up. Both of these jurists are grotesquely overrated, in my opinion, and their logical decisions indicated, especially in the notorious TransPerfect case, extreme bias, subjectivity and conflicts of interest, rather than clean, open, reasonable, and fair adjudication. Under Chancellor Bouchard’s tenure, his bias, irregularities, and appearances of impropriety, creating the “tonque in cheek” name of Bouchard’s Court by some attorneys, calling it the Court of “Inequity,” where there is concern about favoritism. I remember famous litigator, liberal Professor Alan Dershowitz (a Democrat), who was hired to represent Shirley Shawe in the TransPerfect case, after having experienced Chief Justice Leo Strine’s absolute bias, and rude ignorance during the appeal.  I was appalled. Furthermore, Strine’s decision was totally flawed and represented a “Taking” under the 5^th Amendment. Both Strine and Bouchard worked for the notorious law firm of Skadden Arps. Check out their reputation, folks! It is my belief that these seemingly incompetent and biased judges have hurt Delaware and I am glad they are gone. Good riddance! My friends in Delaware, what do you think is coming next? Now that Strine is gone and Bouchard is fleeing in April? Will equity be returned to Delaware? As always, tell me what you think! Your feedback is important, welcome, and appreciated. Respectfully Submitted, JUDSON Bennett-Coastal Network COASTALNETWORK.COMPhoto Creator: KEVIN LAMARQUE | Credit: REUTERS THE NEW AMERICA—YOU WON’T LIKE IT! Opinion Dear friends,  Yesterday, the swearing in of Joseph Biden as the 46^th President of the United States, was for me an extremely sad day. I supported Donald Trump from the very beginning with my heart and soul. He did so much good for this country, it is still mind-boggling that he lost to an empty suit like Joe Biden It should not have happened, but it did and now I am very concerned that the economy will eventually tank, our taxes will be increased, our borders will be open, our national security compromised, our freedoms will diminish, and hope for the future will be threatened. Biden indicated his agenda by immediately signing 15 executive orders – all hurting the American people – reversing many of Trump’s good operations and starting the march toward restrictive Socialism.  Folks, we are going to have a few years enveloped by hard times, especially if you are a conservative, which I am. Biden is without a doubt, one of the most corrupt politicians in US history. Everything about him is fake and from 1972 on, when he cheated in his first election by bribing the head of the teamsters union–Frank Sheeran–the man who killed Jimmy Hoffa, his betrayal of a good friend and adulterous behavior and lies in his marriage regarding Jill Stevenson–also suborned and supported by her, should all have prevented him from being President. His terrific and heinous portrayal of Curtis Dunn as a drunk driver when Biden’s first wife Nelia ran into his truck–100% her fault, yet Biden falsely claimed this good man was drunk to gain political sympathy when he was not at fault and had not been drinking! What kind of evil man does this?  Throughout Biden’s career there have been kickbacks, favors, and corruption that are mind-boggling. I am from Delaware and I know everything about this man. When you realize the depth of his corruption in peddling his office to China, Ukraine, and Russia for millions of dollars through the operation of his drug addict son Hunter, not only as a US Senator but as Vice President of the United States, proven by direct testimony of Hunter’s business partner and the validated laptop (now in the possession of the FBI) that belonged to Hunter Biden–exposing the kickbacks. Biden actually has run a long term crime operation benefiting not only himself, but his entire family. This is now your President of the United States whose apparent platform and that of the Progressives surrounding him is about moving this country into a Socialist society. Realizing and knowing all of this with the strong belief that the overwhelming irregularities in the election played a huge part in Trump’s defeat make it ever harder to accept the results. Joe Biden will never be my President and I believe his administration will fail–showing the American people the huge mistake of electing him. Unfortunately, even after the defeat, Trump was in a perfect position to make a comeback in 2024, but right-wing radicals, induced and infiltrated by some Antifa members, chose to invade the Capitol Building and killed a police officer. Indeed, that horrible event destroyed and compromised our entire movement, hurt Trump’s future chances, got him impeached, and has made us suspect in the eyes of the world. Furthermore, unrealistic lies and expectations, internet conspiracy theories, actually promoted by certain members of the GOP, future threats of violence and insurrection, will do us no good. It must stop, as it only hastens and allows more authoritarianism to develop. There is no way a violent take-over of the government will succeed and it will only result in death and incarceration.  If indeed such an event were successful, what then? Replacing one authoritarian government with another? Indeed, I understand the frustration and the desire to fight back. Most of us feel that way inside, I sure as hell know how I feel about the whole situation, and indeed if things do get bad enough, and the left proceeds to take away our freedoms, that could develop into severe consequences for many people in the long run. Regardless, we have the opportunity to take back the House and Senate in 2022 and elect a Conservative President in 2024. In my opinion, a peaceful, well-organized operation starting now to target officials in order to win back our country is the way to go—it can be done.  The past 4 years have been interesting and I have made many new friends and yes lost some as well. So be it. My future purpose through the Coastal Network will be to promote Capitalism and conservative ideals, expose corruption, follow every aspect of the Biden administration, and work towards making America Great again! I don’t believe it can happen with the proposed agenda of Joe Biden and the Democrat controlled House and Senate, and I intend to work toward turning it back around through specific elections. We can do it. One important thing to remember and indeed might be our only salvation are the powerful words printed on our currency, “IN GOD WE TRUST”. As always, your feedback, is welcome and appreciated.   Respectfully Yours, JUDSON Bennett-Coastal Network CoastalNetwork.comOPINION Dear Friends, The notorious Skadden Arps law firm, formerly involved in suspicious and illegal lobbying irregularities and fined by the U.S. Government, is now overshadowed by the accusations of unethical billing practices in little Delaware during and after the controversial TransPerfect case, and the news has reached a Spanish Newspaper! The article mistakenly refers to our Chancery Court as our Supreme Court, but you’ll get the drift. The bottom line is that Chancellor Bouchard, in my view, possibly colluded with his former partner Robert Pincus and his former law firm Skadden Arps, allowing incessant billing with no itemization or accounting, and to rub salt in the wounds, wouldn’t even let CEO Philip Shawe see the bills or be given a reasonable explanation as to why. Such in your face arrogance of, in my opinion, the worst Chancellor in Delaware history, is beyond understanding. Finally after being sued in Federal Court, apparently Bouchard has relented. Now Bouchard is resigning with 5 years left on his term, a good protection move, before possibly being accused of grotesque malfeasance. Folks, in my view, good riddance, and apparently there are some Spaniards who agree with me. It’s outrageous that it’s so bad that the news reached Barcelona, Spain, where TransPerfect has 600 employees. Please read the article in the Spanish newspaper, translated into English for your review, and send me your feedback. Respectfully Submitted, Judson Bennett, Coastal Network CoastalNetwork.com https://cronicaglobal.elespanol.com/business/skadden-practicas-facturacion-poco-eticas_434061_102.html Skadden Arps Law Firm Suffers Legal Setback at Delware / CG

Skadden Arps law firm overshadowed by unethical billing practices

The Supreme Court of Delware, in the United States, has ruled that the law firm will have to make public the records of its invoices from the Transperfect case

JENNIFER MOLINA 19.01.2021 18:42 h. Updated: 19.01.2021 18:43 h. 3 min The Supreme Court of Delware , in the United States , has ruled that the Skadden Arps law firm  will have to make public the records of its bills from the Transperfect case . It is one of the most controversial business litigations in recent years, since thousands of workers were at risk around the world , and more than 600 in Barcelona . This law firm, appointed by the judge to pilot the forced sale of Transperfect , has uploaded today more than 15 million dollars in advisory concepts in the sale of the technology multinational . These are unjustifiably expensive invoices (it amounts to 3.5 million dollars), which paradoxically have not stopped arriving after the sale of the company in 2017.

Suspicious billing practices

The handling of this case has not only overshadowed the name of Skadden Arps . It has also brought with it the good reputation of what was previously one of the leading states for business creation in the United States . The alleged relationship between the Delaware Supreme Court with Judge André Bouchard at the head and the Skadden law firm with Robert Pincus as judicial administrator has undermined the credibility of the State judicial system and has negatively impacted on its public perception. The change of course in the TransPerfect case decreed by the state judicial authority is joined by the vision of experts and citizen associations who consider that this firm could have articulated unethical billing practices during the management of the case .

Opaque methods

In this sense, the prestigious lawyer specialized in legal fees disputes and member of the Professional Responsibility Committee of the New York City Bar, David H. Paige , has described Skadden’s practices as “the continued charging of high amounts for objectionable services, coupled with unjustifiably high fees, inefficiencies and lack of transparency ”. For his part, Chris Coffey, director of the Citizens for a Pro-Business Delaware platform, assured that “Skadden has refused to apply the minimum standards of transparency protected by a judicial system that invites opaque practices and that often leaves Skadden to act at will. ”. Coffey concluded by noting that the association he represents will continue to “expose the reprehensible and unethical behavior of Skadden Arps until the courts place on them the responsibilities that TransPerfect employees deserve.”While top cabinet positions are appointed based on merit, it is common practice for the president to appoint large donors to lesser roles in the administration. Louis DeJoy is one such appointee.  President Trump made the Republican fundraiser from North Carolina the new Postmaster General. The Postmaster General leads the United States Postal Service. Under Dejoy’s watch, the Postal Service was embroiled in scandal for its handling of the 2020 elections. The agency was criticized for unacceptable delays at a time when many people were using mail in ballots to vote. Now, new allegations have come to light against Dejoy himself. A bombshell report from the Washington Post exposed Dejoy for demanding employees of his company, New Breed Logistics, donate to Republican candidates of his choosing in violation of federal election laws. Dejoy allegedly reimbursed the employees for their expenses by issuing them a bonus in the amount of their donation.  This process is known as “straw donations,” where an individual pays another to donate to a political campaign. While the law restricts people from donating more than $2,800 to any one candidate, unscrupulous individuals use straw donations to circumvent that limit. The practice is prohibited by the Federal Election Commission (FEC). If the allegations are true, Dejoy also violated additional rules by using his company to make political donations. Companies are allowed to donate to Political Action Committees (PAC), but not to individual politicians. Conservative political commentator Dinesh D’Souza was sentenced in 2014 to five years of felony probation for a similar scheme in New York. He was later pardoned by President Trump, who said D’Souza was “treated very unfairly by our government.“ Whether Dejoy will be prosecuted remains to be seen, but is unlikely, considering that the FEC currently does not have enough members to meet the required four-person quorum. The agency traditionally has three Democrat commissioners and three Republicans, but gridlock in Congress has meant there are only three members total. As the organization is the only agency allowed to rule on election law violations, Dejoy will be off the hook at least until another commissioner is confirmed by the Senate. The statute of limitations is another obstacle preventing Dejoy from being held accountable. The statute of limitations, which is five years in this case, regulates the time between when an offense happened and when charges are brought. Dejoy’s actions are alleged to have occurred between 2000 and 2014, meaning that Dejoy cannot be issued a fine. However, he still could be prosecuted in criminal court if the allegations against him are proven beyond a reasonable doubt. President Trump weighed in on the situation, saying Dejoy should be fired if he did in fact engage in straw donations. President-elect Joe Biden also criticized Dejoy, but will have to keep him as Postmaster General, as the president is unable to remove someone from that position. That power lies in a six-member USPS Board of Governors, all of whom were Trump appointees. They are unlikely to remove Dejoy, a staunch Republican, unless further evidence comes to light implicating him in the scandal.OPINION  OPINION: Skadden Unethically Charges $3.5 Million More in Fees in the TransPerfect Case that ENDED TWO YEARS AGO!!! Fraudulent Billing Apparently About to be Rubber Stamped by Judicial Extremist Andre Bouchard Just Before He Retires From His Perch on Delaware’s Chancery Court—Corruption? Dear Friends, Just when you think it can’t get more outrageously corrupt in Delaware, the Good Ole Boy cronies raise the bar on deceit yet again!!! Will they continue to get away with it? This is ON TOP OF the $15 million the notorious law firm of Skadden Arps already paid themselves from TransPerfect’s corporate coffers—approved and sanctioned by Delaware’s Chancellor Andre Bouchard. Folks, it is hard to fathom how $3.5 million worth of work was ever done in this case period, much less a closing-kiss goodbye to Chancellor Bouchard’s former employer—Skadden Arps? I’ve been covering this situation for seven years, and this case never fails to leave me in a state of disbelief! Thank God Andre Bouchard is retiring, and in my view, in disgrace. Would love to hear your thoughts on this $3.5 million extra golden parachute. Please read the disconcerting article below and send me your thoughts. Respectfully yours, Judson Bennett-Coastal Network   https://www.businesswire.com/news/home/20210114005772/en/Expert-Analysis-Determines-Skadden-Arps-Law-Firm-Engaged-in-Unethical-Billing-Practices-Citizens-for-a-Pro-Business-Delaware  

Expert Analysis Determines Skadden Arps Law Firm Engaged in

Unethical Billing Practices: Citizens for a Pro-Business Delaware

Although the Chancery Court ruled to unseal the firm’s bills, Skadden Arps sends TransPerfect an additional $3.5 million in unwarranted and highly questionable fees January 14, 2021 11:12 AM Eastern Standard Time WILMINGTON, Del.–(BUSINESS WIRE)–Nearly three years after the court-ordered sale of TransPerfect, Delaware’s Court of Chancery has finally reversed it prior erroneous order from one year ago and ruled that Skadden Arps’ must unseal their most recent billing records, which now total close to $3.5 million on top of the more than $15 million already charged to the company. Throughout multiple motions in 2020, the Chancery Court has slowly ruled in favor of transparency in the case proceedings and billing records. Today, over the strenuous objections of Skadden the court stated that “any future fee petitions of the Custodian and/or his counsel and any Billing Records filed with the Court shall not be filed under seal.” The new ruling is a huge step towards transparency and accountability in the Chancery Court and its appointment of custodian Robert Pincus, a former senior partner at Skadden Arps. The shocking new $3.5 million in bills are only for services rendered in the last year alone despite the auction of TransPerfect having concluded in November of 2017. The inflated and questionable billings are being hotly contested by TransPerfect after a firm that specializes in legal fee auditing found that Skadden had overbilled TransPerfect by more than $1.7 million. The report of David Paige, Esq., legal standards of billing expert and member of the Professional Responsibility Committee of the Association of the Bar of the City of New York characterized Skadden Arps’ overbilling as “the continued submission of large numbers of generally objectionable billing practices identified in the Analyzed Bills, combined with the unreasonably high rates, inefficiencies and lack of transparency [which] necessitates a series of across-the-board reductions to account for these issues.” He further goes on to state that in his experience, “a firm that rejects transparency and objective fee analyses simply does not want to be questioned.” Paige also notes that Skadden is arguing that their “bills be paid in full even if unreasonably incurred, allegedly because of TransPerfect’s unpleasant conduct. In other words, it is proposed that the court need not engage in an objective fee analysis because TransPerfect somehow ‘deserves’ to be punished by a higher fee.” Said Citizens for a Pro-Business Delaware Campaign Manager Chris Coffey, “As we have seen at nearly every step in this case, Skadden Arps has refused to meet bare minimum standards of transparency, hoping to bank on a court system that invites confidentiality and often allows them to do as they please. The report from billing expert David Paige just confirms what we’ve known all along – there’s nothing Skadden won’t do to earn an extra buck, billing three times the market rates even if it means ignoring industry standards and ethics.” “Skadden’s parting salvo, incoherently charging an additional $3.5 million for the work they did to protect their own secret bills, is just par for the course. Well, the thousands of hardworking TransPerfect employees who have seen their company spend millions of dollars on an illogical forced sale that was completed years ago are not a feeble foe. We will continue to expose Skadden Arps’ reckless and unethical behavior until the courts force the accountability that TransPerfect’s employees deserve.”OPINION Dear Friends, There has not been much more disgusting and disconcerting TV visuals in my view, than the Portland, Oregon riots, the looting and burning in many major cities, clearly organized by BLM and Antifa, and now the recent assault on the Capitol Building by extreme right wing, where the sacred halls of our Democratic Republic were vandalized, our elected officials threatened and terrorized, and people were killed, including a Capitol Police officer! Both incidents and situations I found equally disturbing. Violence, mob rule, and anarchy are not acceptable in our country under any circumstances! However, the Impeachment of President Donald J. Trump in the House of Representatives on January 13, 2021 was the most vile and disgusting display of hypocrisy, authoritarianism, corruption, and political punishment that I have witnessed in my entire life. Folks, this was not just a fallacious attack on Donald Trump with only days left in his Presidency, this was an attack on every voter who supported Donald Trump and his platform which gave us hope for a future of prosperity. I watched every disgraceful minute of it on TV and it literally made me sick to my stomach. The rhetoric of these insipid, ignorant politicians without evidence, without a hearing, or without constitutionally, required, due process was outrageous. What I found even more disgusting was the absurd rhetoric of Republican Liz Cheney and several others who have disgraced their oath of office by not seeking the truth and helping promote a despicable sham on the American people. Folks, here is the rub for me: hundreds of thousands of Trump supporters, who felt disenfranchised by perceived voter fraud in the November election, because the evidence was not allowed to be presented came to Washington, DC to peacefully protest and to hear President Trump speak — exercising his 1^st amendment rights. I heard every word of his speech and there was not one word about inciting violence or attacking the Capitol Building. He specifically stated to the crowd, “to peacefully protest and make your voices heard”. Unfortunately, when thousands of people congregate, there is always an element of bad actors. If there had been a proper police presence, properly organized, this never could have happened! Regardless, there is not, was not any realistic evidence, presented that constituted an Impeachable offense, by the President of the United States. It was a grotesque circus, a despicable sham presented by dishonest people and some gutless Republican politicians who have betrayed honesty and legality. This Impeachment was an attack on us as Americans! The future is in doubt, however, the reality of what is about to come, under the administration of the most dishonest and corrupt politicians in United States history in Biden and Harris, will implode because Socialism does not work and things are going to get very bad — very quickly. The hope and the distinct possibility is that we as conservatives and purveyors of the truth who understand the benefits of capitalism and democracy, will take back the Congress in the mid-term elections. Indeed it is in range. The Republican defectors will face primaries and will be defeated. The Trump movement, the Trump platform is still huge. Unfortunately, Donald Trump will no longer be its leader, at least as a candidate. I am thinking Niki Haley as our future President. Folks the Orwellian atmosphere of “1984” is upon us and it is about to become a reality. It is time to reorganize with a strong political strategy that is viable. God help us if this Impeachment goes forward with Trump being found guilty after he has left office which may actually be unconstitutional. The nation will never heal and the destruction of America could become irreparable. As always, whether right or left, agree or disagree, your feedback is welcome and appreciated. Respectfully Submitted, JUDSON Bennett-Coastal Network Coastalnetwork.com As the United States continues to discuss race relations and policing in the wake of the death of George Floyd, it is important to not only analyze the problem at a national level, but as a systemic issue in the states as well. In Delaware, corruption and mismanagement have created an environment in which policing disproportionately targets people of color, and rather than address the issue, Governor John Carney has made the system worse.

Delaware Police Shootings

Since 2005, Delaware police have shot 56 people, and 48% of the victims have been Black. This is concerning considering that only 21% of the state population is Black. Many of these shootings have happened in situations where the use of force was questioned. In January of this year, Delaware police fatally shot Brandon Roberts, a Black man who suffered from mental illnesses including bipolar disorder. Roberts was having a mental breakdown when the police were called, and while he was holding a knife, the violent response from the police has garnered major criticism. This was a situation that likely did not have to end with death if the police who arrived were better trained to de-escalate the situation. Regardless, the police were cleared in the shooting. Laws frequently grant police immunity in cases like this, and Delaware state laws make punishing officers for alleged brutality notoriously difficult. One of the most unfortunate of these incidents is the 2015 fatal shooting of Jeremy McDole, a 28-year old paralyzed Black man. McDole, who was paralyzed from the waist down and confined to a wheelchair, was gunned down by Officer Joseph Dellose from the Wilmington Police Department and his three colleagues. Footage from the scene and an incident report showed that Officer Dellose shot at McDole two seconds after ordering him to put his hands up, triggering his fellow officers to turn their weapons on the victim. Although the report heavily criticized Dellose’s actions, he was not charged with any crime. The loophole in McDole’s case and that of 30 other victims of police lies in the 70-year old Delaware law that permits officers to use deadly force if and when they believe it is necessary. This archaic law is highly subjective and technically justifies unnecessary acts of brutality committed by police in the pretext of “feeling threatened.” The Attorney General Office and Police Union in Delaware have done little to protect citizens and victims from the brutal acts of the police force. In fact, they have sided with all the perpetrators in the reported incidents, citing the archaic law as their justification for failing to prosecute involved police. Besides a rigid attachment to the old law, falsification of reports in some of the investigations has also plagued the force.

Failed Government Response

Governor John Carney’s administration has been accused of failing Delaware’s Black residents. Under Carney, Black people make up 60% of the inmates in Delaware prisons. Meanwhile, only 15% of state judges are Black. This leads to disproportionate punishments for Black offenders compared to white offenders. In 2019, Carney and the all-white Board of Pardons pardoned Barry Croft, a white man arrested for felonious firearms, burglary, and assault charges. After his pardon, Barry Croft was recently arrested in connection with the October plot to kidnap Michigan Governor Gretchen Whitmer. Under Carney’s watch, Black inmates are forced to remain in prison, often for lesser offenses. This is particularly troubling given the COVID-19 pandemic, which Carney has also been accused of mishandling. Prisoners are not given adequate supplies to remain safe during the pandemic. Delaware has an issue with its criminal justice system, and Governor John Carney is making it worse. Police are allowed to use lethal force without fear of repercussion against Black residents, and they are allowed to work in instances in which they fail to even consider other de-escalation methods. Meanwhile, Black residents in Delaware are given harsh prison sentences while dangerous white offenders are pardoned. It is a system that impacts the lives of Delawareans and is one that needs to be addressed.Photo Creator: Erin Scott | Credit: REUTERS OPINION Dear Friends, It is necessary for me to state that from the very beginning, even during the primaries, I was totally on board with President Donald Trump. He offered prosperity like America has never seen before. He lowered taxes, he did away with obstructive regulations that allowed businesses to prosper, he corrected the trade deficit, and he lowered unemployment to the best it has been in many years. America’s middle class began to move upwards like never before. Indeed, prosperity reigned. However, from the very beginning the Democrats with the help of the Obama administration, the FBI, the CIA, and corrupt legislative operatives created the Russian hoax, and the Ukrainian debacle-leading to a vicious and wrongful impeachment of the President! Then came the Corona Chinese Virus that Communist China unloaded on the United States, killing 350,000 people in the US alone. Why did Trump lose the election? Here are the reasons and it is mind-boggling. First of all, Donald Trump is no politician; he is a New Yorker, and worked in his father’s construction business. He is crude, rude, and sometimes says things that infuriate people. Many people on both sides of the aisle find him obnoxious and hated him from the get-go. The “Never Trumpers” were a partial factor in the loss! On the other hand, having met him on several social occasions at Mar-a-Lago, I found him to be extremely charming, interesting, and humorous. I will quote a good friend of mine, a beautiful woman, who worked for him for 10 years had this to say about The Donald, “Trump was very professional, extremely brilliant and innovative, never hit on me, however sometimes when things didn’t go his way, he had the emotional stability of a 12-year-old.” Isn’t that interesting, when you look back at the first debate where Trump seemed out of control? Then his behavior would again revert back to brilliance and charm. No doubt, he was the best President in my lifetime, yet his demeanor has always worried me. Another issue that has me upset about my President is the fact that he created expectations for the million people that came to Washington DC to support him, that VP Mike Pence could and should send Electors back to their various State Legislatures, thus overturning the election. Folks, there is absolutely no way Mike Pence had the constitutional authority to do what the President asked him to do. Prior to the President’s speech, Pence actually told the President what he had to legally do and Trump excited the crowd anyway. Pence was a loyal partner with Donald Trump in every way, shape, and form! No way did this man of great character and integrity deserve the bad rap he has been given. To Trump’s credit, he did not urge or instigate the thousands of people there to create havoc in the Capitol Building. To blame him for the actions of a few nut cases, who have destroyed so many things, killing a Capitol Police officer, and devastating Trump’s future and that of our conservative credibility is unreasonable to the point of absurdity. To invade the sacred halls of the Capitol Building, vandalizing, terrifying  legislators, and actually killing a cop has put us back in a significant way! Why did the people come to DC to protest? The reason why is the number one reason Trump lost—election fraud! Folks, there is no doubt in my mind that millions of votes were illegally cast, altered, and double-voted. The evidence was overwhelming with thousands of documented and certified witnesses, including video evidence, exclusions of legal Republican witnesses, and illegal voting through wrongful voting-law changes, contrary to various state laws. Secretaries of State cannot arbitrarily change the rules. It must be done through the legislature. There were enough votes compromised, that Trump actually won the election! However, much to my amazement and chagrin, Trump couldn’t find a lawyer that could write a proper legal brief to actually get the cases heard in Federal Court! To me and to millions of others, we feel that we were robbed. We have been violated! That is why the people demonstrated in DC. My God, why did they have to go inside the Capitol Building? How would that be productive or positive? They killed a cop—Party over! Handled differently, the Republicans take back the house in 2022 and Trump is in position to win the Presidential election in 2024—not now folks! So now, the entire country is a virtual powder keg. There are 75 million pissed off Trump voters. It appears we are already losing our freedoms, especially the 1^st amendment, our right to free speech! Speech is free as long as you agree with the left. When you don’t, it is censored, jobs are lost, and conservatives are discriminated against! Soon they will be coming for your guns. Now, new articles of Impeachment are being drawn up by Nancy Pelosi to take out Trump with just days left in his term. Talk about division, talk about violence? Folks, it is my concern that if Trump is impeached, the streets will run red with blood! Make no mistake, the Trump movement is alive and his base is strong. His platform was the best I have ever seen. Maybe, after 4 years of grotesque socialism, dissolution of our freedoms, and loss of prosperity under the corrupt Biden administration —we patriots will vote a Trump like dude back in or maybe Trump himself as President and take back our country. If it gets really bad, then you might actually see an armed revolution that will force a return to capitalism and democracy. Indeed “big brother” is watching us and we are moving slowly into a George Orwell world of oppression as he wrote about in his novel “1984.” I have witnessed in 6 short months, fear, anarchy, sedition, corruption, a pandemic, the destruction of a Presidency, a stolen election, a raid on the capitol building, censorship, and more—hell why not a full scale revolution as well? Is that next? What a year 2020 was. Good riddance, but now what? The left has got all the power and they have told us what they are going to do! God help us. Respectfully Submitted,   JUDSON Bennett-Coastal NetworkOPINION

Dear Friends,

I realize I have beaten this dead horse significantly, however the articles keep coming out about Chancellor Andre Bouchard’s interesting exit from his powerful and unique post as Delaware’s Chancellor barely seven years into his term. The Law360 article below by Jeff Montgomery  praises Bouchard, but toward the end describes the TransPerfect debacle which I believe is why Bouchard is running for the hills. 

The article is worth a read. Please send me your feedeback. Bouchard will be gone in April and the challenge of finding someone much better should, contrary to the propaganda below, not be that hard. In my view, the needed improvement is obvious. An improved candidate, properly vetted, who rules without bias and conflicts of interest, would be a start,  and good for Delaware!

Respectfully Submitted,

JUDSON Bennett-Coastal Network

https://www.law360.com/delaware/articles/1341163/bouchard-s-surprise-exit-opens-uncertain-void-on-chancery?nl_pk=cb536973-ec1c-4e78-9ea8-276d9cc905aa&utm_source=newsletter&utm_medium=email&utm_campaign=delaware Bouchard’s Surprise Exit Opens Uncertain Void On Chancery By Jeff Montgomery Law360 (January 5, 2021, 8:13 PM EST) — Delaware has opened 2021 facing a looming vacuum at the top of its nationally important Court of Chancery and no clear prospect of who will fill it after the surprise retirement announcement by Chancellor Andre G. Bouchard, who is not even seven years into his 12-year term. Chancellor Bouchard’s move on Dec. 29 will close out a widely praised career involving key rulings on a court that dates to 1792. He is scheduled to step down April 30. Those familiar with the process said time is tight for soliciting, choosing and confirming a replacement. Although Vice Chancellor J. Travis Laster ranks as the court’s most experienced official, his 12-year appointment ends in early October, and there has been no public indication by him or other members of the court of readiness to take the helm for a full term. “I think he is going to be sorely missed,” Peter B. Andrews of Andrews & Springer LLC, a Wilmington-based complex commercial litigation firm, said of Chancellor Bouchard. “I haven’t thought about it, and it’s very disturbing to me, because I don’t know who is prepared” to take the seat. In the late December announcement released by the court, Chancellor Bouchard, 60, cited an interest in moving on after 34 years as either advocate or jurist in the state’s globally known business law and equity court. The announcement noted the chancellor’s statement that “it was time to step back, enjoy more time with his family, and pursue other interests.” Gov. John Carney’s office did not immediately respond to a question regarding the activation of the state’s Judicial Nominating Commission, which has the task of vetting candidates for judicial seats and providing names of potential nominees. Lucian A. Bebchuk, Harvard Law School’s James Barr Ames professor of law, economics and finance and director of Harvard’s Program on Corporate Governance, said in an email Monday that “Chancellor Bouchard was the fourth in a line of incredible jurists who served as chancellors.” Bebchuk referred to the late Chancellor William T. Allen as well as former Chancellors William B. Chandler III, now a partner at Wilson Sonsini Goodrich & Rosati PC, and Leo E. Strine Jr., who went on from Chancery to serve a term as Delaware’s chief justice. Lawrence Hamermesh, professor emeritus at Widener University Delaware Law School, praised Chancellor Bouchard for his “practicality and stewardship” at the head of the court. He also said the approach to the search for a successor “all depends, of course, on who moves where and what openings have to be filled, and when.” In interviews with Law360, members of the legal community were quick to praise the chancellor, a 1986 Harvard Law School graduate who practiced in corporate and commercial law for 28 years before taking the bench. His private practice included the co-founding in 1996 of Lamb & Bouchard PA, a prominent boutique law firm that soon became Bouchard & Friedlander PA when Stephen Lamb became a vice chancellor. The firm became Friedlander & Gorris in 2014, when Bouchard became chancellor in May of that year. A. Thompson Bayliss of Abrams & Bayliss LLP said that Chancellor Bouchard “gave up a lucrative spot as a partner in private practice to become a public servant” at a time when service on the Chancery Court bench had become more demanding than ever. Members of the court have increasingly cautioned that court schedules are jammed, with trials already being scheduled well into 2022. During the chancellor’s tenure, a string of multiyear, multibillion-dollar cases involving 10-day trials have moved through the court, with jurists writing opinions of 100 or 200 pages and more. The chancellor’s job carries enormous prestige but pays a current annual salary of $196,738, well within the upper average for attorney salaries across all specialties. Vice chancellors currently receive $185,444. “Despite the challenges of a burgeoning caseload, increasingly complex cases, a flood of expedited matters, a pandemic, and the glare of a white-hot spotlight, Chancellor Bouchard was always prepared, always courteous and always inspired confidence that justice and equity would ultimately prevail,” Bayliss said. Both Chancellor Bouchard and Vice Chancellor Laster have handled some of the seven-member court’s toughest cases and penned some of its most far-reaching and closely watched decisions in recent years. Early in the chancellor’s term, he wrote a landmark decision on disclosure-only settlements in merger and acquisition litigation when deciding the In re Trulia Inc. case. Trulia followed an explosion of suits challenging deals that were quickly settled for therapeutic disclosures and fees. Chancellor Bouchard’s decision included notice of an intent to reject settlements unless disclosures are “plainly material” and liability releases “narrowly circumscribed.” Bebchuk said the chancellor’s work “reflects a first-rate legal mind, a deep understanding of the both the nuances of doctrine and the rich institutional and economic texture within which it needs to operate, an appreciation of the importance of Delaware law to the corporate landscape, and a strong commitment to ensuring that this law retain its quality and fit to the changing environment.” Hamermesh pointed to the chancellor’s oversight of a smooth expansion of the court from five jurists to seven in 2018, noting that “he dealt adroitly and successfully with the challenge of increased burdens on the court due to a shift in nature of the litigation — fewer low maintenance cases (quick and dirty M&A class action settlements, most notably) and more heavy-burden contract interpretation cases.” Still on the chancellor’s docket is the Byzantine, multiyear, global litigation surrounding SoftBank Group’s attempt to jettison a $3 billion tender offer for shares of office-sharing venture WeWork. The dispute included the formation of dueling special committees of WeWork’s board, with one aligned with WeWork’s founder seeking enforcement of the deal and another, closely controlled by SoftBank, backing the walkaway. In one WeWork-related decision in August, Chancellor Bouchard found that SoftBank’s management cannot block the earlier, hostile WeWork-aligned panel from seeing the privileged information of WeWork’s management, including communications with Skadden Arps Slate Meagher & Flom LLP. The decision emphasized that management cannot pick and choose among director factions when responding to discovery requests. Francis G.X. Pileggi of Lewis Brisbois Bisgaard & Smith LLP, who closely tracks and chronicles the court’s decisions, said, “Chancellor Bouchard had a profound impact on Delaware jurisprudence and his service to the State will benefit Delawareans for generations to come. Many of his decisions have had national and international importance and will be studied by lawyers and law students for many years to come.” The chancellor’s departure announcement emerged as litigation continued in a bitter fight between the co-founders of global translation company TransPerfect Global Inc. over a Chancery Court-ordered sale of the business. Disputes between TransPerfect co-founders Philip Shawe and Elizabeth Elting simmered and burned through much of Chancellor Bouchard’s time on the court, and expanded into disputes over the court’s jurisdiction and the actions and billings of a court-appointed custodian, represented by Skadden. Shawe’s objections to the chancellor’s rulings, the actions of the custodian and opposing legal counsel and the court’s alleged failure to fully disclose, without strings, fees charged for custodial operations gave rise to a flock of suits. Direct public criticism and attacks on Chancellor Bouchard — including radio and television advertising — by groups aligned with Shawe led to an unprecedented call by 19 corporate law professors and 47 corporate lawyers from Delaware and throughout the United States to end the personal criticism of the chancellor and the court. On Dec. 24, Shawe and TransPerfect filed a federal civil rights complaint in the U.S. District Court for Delaware naming the chancellor in a suit seeking relief from an alleged gag order that the suit said would prohibit Shawe from disclosing information in billings and fees submitted by a court-appointed custodian. Andrews of Andrews & Springer and others nevertheless said they were disappointed by the retirement announcement, with Andrews citing the chancellor’s fairness on the bench and achievements in administering a court faced with constant, complex demands. “I think he crushed it with regard to streamlining, and he got us through COVID with little bumps, really,” Andrews said. “I don’t believe that any of the other chancellors couldn’t step up and meet the challenge, but they’re big shoes to fill.” –Editing by Jill Coffey.Photo By: Jose Luis Magana / AP Photo OPINION Dear Friends. The events of Tuesday, January 5, 2021 and Wednesday, January 6, 2021 will indeed go down in infamy as truly significant happenings that have not only rocked the entire world, but have shaken our very foundation as American citizens. My thoughts and emotions have been all over the place. My resolve has been tested, my concerns have been elevated, and the cold reality is setting in. As someone who supported President Donald Trump from the very beginning, as a Republican activist, and a conservative pundit, the word “disconcerting” basically covers it all. President Donald Trump has officially lost the election to former Vice President Joe Biden. I am truly disappointed and extremely concerned about the future of our nation and the prospect of socialism pervading our lives, destroying our freedoms, and destining our futures to mediocrity. Now that the Democrats have won Georgia, they will now control all aspects of our government-the Presidency, the House, and the Senate. Socialism does not work and I believe the radical agenda of the left with the ridiculous “Green New Deal” will send us into economic ruin and a tremendous loss of our personal freedoms. I am deeply concerned and frankly frightened for the future of our nation. I truly believe that the election of Joe Biden and Kamala Harris is going to be a travesty, especially now with the radical left controlling it all. Huge tax increases, authoritarian restrictions on business operations, defunding of the police and rampant crime, loss of freedom of speech, open borders, and so much more are of great concern. I also believe that Joe Biden is a corrupt politician and that he is guilty of high crimes and even treason. After 4 years of this, we won’t recognize our country. That is what I think about that. Do I think the election was stolen and there was election fraud that significantly cost Trump the election? ABSOLUTELY! The real rub, besides the innumerable irregularities, is the indisputable fact that several battleground states wrongly changed their election laws through the illegal orders of Secretaries of State, when the law required the state legislatures to determine any change in voting laws. These arbitrary and capricious violations resulted in election chaos, especially in regard to universal mail-in ballots. The election was a suspicious disaster and 75 million Trump voters believe the election was rigged. I am amazed that the Trump team could not find a lawyer that could write a legal brief that would be heard in the Supreme Court? Unfortunately, the avenues to overturn an election are limited and almost impossible. Once legal votes are combined with illegal votes, it is impossible to fix it and the results are what they are. Now, I have to address President Donald Trump. Indeed the man has the right to explore and determine his options in resolving an election that was suspicious in its outcome. Indeed, it was actually a reasonable thing for his supporters to march on Washington and express their support for him, especially on the day that Congress was to certify the election. However, here is where Trump blew it, and without a doubt he did. Whether misguided or intentional, Trump indicated to his followers that the congress could overturn the election and that VP Mike Pence, who was overseeing the procedure could send the Electors back to the various states if he determined the objections were valid. Folks, nothing is further from the truth. Congress certifies the election and the VP oversees it. THERE IS NO CONSTITUTINAL AUTHORITY TO DO ANYTHING ELSE! It was a fools’ errand and it resulted in one of the most shameful events in American history. For Trump to even suggest that Pence should do the right thing, was a blatant mistake. VP Pence who has been loyal to Trump through thick and thin, did not and could not do what Trump asked. President Trump’s speech incited an unwanted reaction and then we witnessed the disgraceful attack on the capital building where violent perpetrators broke into the House and Senate chambers. Afterwards, Trump disparaged VP Pence, stating that he had let us down— which to me was outrageous. Folks, Trump’s rally and speech in Washington backfired with the terrific and disgusting assault on the Capital building which he must take responsibility for, because he misrepresented what was legitimate action, when it was not. Unfortunately, these disgusting jerks that invaded the capital building have hurt the Republican party, hurt Trump’s validity, and put a stench over all that was good about the Trump agenda. I am personally drained and disgusted by the whole thing and that is my position. So what is next? I intend to continue writing, most likely resisting the probable Biden debacle as long as I can. I don’t know now what is going to happen, but what I do know is that Trump’s legacy, if you can call it that, has been scarred and severely damaged by the events of January 6th. If there is ever another Republican President elected as President of the United States, especially in 2024, I do not believe it will be Donald Trump. So be it-AMEN. As always your feedback is welcome and appreciated. Respectfully yours, JUDSON Bennett-Coastal Network COASTALNETWORK.com  OPINION Dear Friends, About a week ago, I was writing a story, calling for the removal of Chancellor Andre Bouchard. And then the story came out that he is retiring. “Chancellor, Interrupted!” What timing! Without a doubt in my mind, I believe Bouchard’s arrogant disregard for conflicts of interest, his inconsistent rulings, and his prevalent appearances of impropriety, are what drove his removal from his position as Delaware’s Chancellor. Throughout the notorious TransPerfect case I witnessed what I saw as unbelievable bias and conflicts of interest perpetrated unprofessionally by Chancellor Bouchard. Interestingly, Bouchard subjectively disallowed and penalized TransPerfect’s CEO for his use of emails, clearly denying that these significant emails did destroy privilege, yet in a similar case as explained in the article below, Bouchard contrarily ruled that in this situation, emails provided by a separate employer destroyed the privileged use and the emails are open for evidence and can be used accordingly. Bouchard in the TransPerfect case indicated his bias and appearances of impropriety in an arrogant manner, by ruling exactly the opposite from the Softbank adjudication mentioned below. Folks, in my opinion, Bouchard operates in a subjective and inconsistent manner. Judges are supposed to be objective and consistent in their rulings! He has not been consistent or objective and in my view violated his oath of office. And now he’s scheduled to leave that office. Please read the article below and let me know your thoughts. Your feedback is welcome and appreciated. Respectfully yours, Judson Bennett, Coastal Network

Practical Guidance

• Provide company email addresses for directors and instruct them to only use such email addresses for communications regarding board matters;
• Alternatively, send the substance of communications through board portals, and only use email to inform directors about the arrival of new communications in the board portals;
• If directors must communicate substantive information outside of a board portal or company-provided email account, instruct them to use personal email accounts or other confidential mechanisms that are not subject to third-party monitoring, and to avoid commingling those communications with personal or other communications – to ease separate review and avoid the potential of needing to have lawyers review unrelated emails in the event that litigation is filed.

It doesn’t take a law degree to conclude that the Breonna Taylor investigation and case are permeated with blatant systematic corruption on every level. This case offers undeniable evidence of how flawed the system is and how it urgently needs criminal justice system reform. Though there are more, six examples of corruption found throughout this case are below. 

The Case

It isn’t easy to find anything about this case that makes logical sense. History has shown us repeatedly that legal proceedings and investigations that don’t make sense were purposely done that way to hide errors, deceit, and misconduct.   Breonna Taylor was only 26 years old when on May 13, 2020, she was shot and killed by officers serving a no-knock warrant. In all the chaos, her boyfriend, Kenneth Walker, believed intruders were breaking into their apartment. To protect Breonna and himself, Walker fired his legally owned firearm in the officers’ direction one time. They fired back at them with over 30 rounds. As it turned out, the officers were looking for a suspect who was already in custody. 

The No-Knock Warrant

A judge issues the no-knock warrant to investigators at their request and with sufficient cause. It allows them to enter a possible suspect’s home without warning or announcing they are police officers.  The officer’s sought after Breonna’s ex-boyfriend, Jamarcus Glover, already arrested earlier that day. Officers had repeatedly stated that they announced themselves when they entered the apartment despite them having a no-knock warrant; Walker has adamantly denied this. Since Breonna’s death, no-knock warrants have been made illegal in Louisville, KY, and many other cities around the United States. 

The Arrest

After the officers entered Breonna’s apartment, discovered that she was deceased and that the suspect wasn’t present, they arrested Kenneth Walker for firing his weapon at them. Walker, who had just lost his partner, was detained for an officer’s attempted murder, a serious charge that carries a long sentence.  Two months later, the state dropped the ridiculous charges against Walker, and he was released. However, they made it clear to the public that a new indictment could be refiled against Walker at any time. He has since filed a lawsuit seeking full immunity. 

The Investigation 

There are many instances of police mishandling throughout Breonna’s case. A day after the grand jury failed to bring charges against the officers, more evidence surfaced. A body camera video was posted and uploaded on social media.  The video is from a camera worn by one of the officers the night the officers shot and killed Breonna. It clearly shows that strict policies put in place by the Louisville PD weren’t followed during the investigation.  At least one of the officers, Brett Hankison, was on the scene during the investigation. The Louisville PD’s policy states officers involved in a shooting shouldn’t be present during any inquisition into that shooting. This vital policy was put in place to ensure that all investigations are completed with the utmost integrity.

The Bribe 

July 2020, four months after Breonna’s death, detectives met with Jamarcus Glover, her ex-boyfriend. They offered him a much lighter sentence for a pending drug case if he would agree to one thing. He was offered probation rather than the 10-year jail sentence he was anticipating if he stated in writing that Breonna was involved in selling drugs with him.  Glover outright refused to implicate her and went public with the officials’ attempted bribe’s evidence. From the beginning, he’s stated that Breonna had nothing to do with selling drugs or that part of his life. 

The Grand Jury 

The case against the officer finally made it to the grand jury in September 2020. The court ruled that murder charges were not justified, and no one would be charged for shooting Breonna Taylor. One of the officers involved was charged with wanton endangerment because several of the bullets fired into Breonna’s apartment went through the neighboring apartment walls. The grand jury decided without being shown evidence by those fighting for justice for Breonna’s tragic and preventable death. State attorneys have the power to provide evidence of probable cause for filing charges or not. They never, from the beginning, exhibited any interest in filing charges against the three officers. It’s believed that no further evidence was put forth for the grand Jury to consider the officers’ wrongdoing regarding this case.  The United States criminal justice system is incredibly flawed. The systematic corruption found within the justice system leaves countless victims, like Breonna Taylor and Kenneth Walker, in its wake. The current system will continue to destroy lives until real change and reform occur.  Sources: https://apnews.com/article/breonna-taylor-louisville-shootings-archive-kentucky-d43364ca2db438cf3ed6933b39d243e1

Stanford’s David Sklansky on the Breonna Taylor Case, No-Knock Warrants, and Reform

JUDSON Bennett’s Coastal Network

OPINION   Dear friends,   I just finished watching the Trump event in Dalton Georgia on behalf of the run-off election for Senators Perdue and Loeffler. If these two conservative Senators do not win, the end of America as we know it will happen within a year. Before I get into some predictions and possibilities, I want to briefly discuss the taped conversation that the President had with the Georgia Secretary of State which was unethically recorded and released out of context to the Washington Post.   The conversation, although a waste of time on Trump’s part, was an attempt to settle the lawsuits that the Trump campaign has against the Secretary of State and the Georgia Department of Elections. Unfortunately, it is now being used as a diversion by the corrupt media to take away the fact that despite the Georgia Secretary of State’s claim to the contrary, the evidence of enough significant fraud in Fulton County, Georgia alone is enough to change the results of the Georgia election.   Unfortunately, Trump has managed again to get himself between the dog lifting his leg and the fireplug! He ends up getting pissed on by an unethical Secretary of State. Trump did nothing wrong and the press and the malicious liberals love to use it as a distraction!   I got the following e-mail attack from a Lewes, Delaware Liberal who has no understanding of the depth of the Georgia corruption or the reality of the Democrat move toward socialism and eventual communism. This is what the idiot said, “You mean to sit there and tell me you support Trump’s attempt to get the Georgia Secretary of State to cheat and “find” enough votes so he’ll win Georgia. If so sir you don’t deserve to live in a Democracy. Why don’t you move to Venezuela where your standards are more acceptable?” The vitriol was typical of this mean-spirited mentality.   The hypocrisy and the malicious agenda of the left is unbelievable. This individual is ignorant beyond belief, but is dangerous because he supports the socialist agenda that Biden, et al will generate. Folks the push towards a complete take-over of your lives and a lifelike Venezuela is what you are going to get if the Democrats prevail in the State of Georgia.   Without a doubt, Biden as President will be bad enough and will implement changes that will affect our lives. However, if we lose Georgia, we lose the Senate, and then God help us. If that happens this is what you can expect: 1) A significant tax increase, 2) Loss of your 2nd amendment and right to bear arms, 3) Elimination of the filibuster rule in the Senate, 4) Making Washington DC and Puerto Rico states with 4 new liberal Senators, 5) Elimination of the Electoral College, 6) Increasing the supreme Court to 15 Justices, 7) Medicare for All, 8) Open borders, and 9) The total move toward Socialism leading to Communism. A guaranteed life of mediocrity and hardship.   Folks, Georgia is on my mind and we have to hold the line there.   As always, your feedback is welcome and appreciated.   Respectfully Submitted,   JUDSON Bennett-Coastal Network CoastalNetwork.com

Under the leadership of John Carney, Delaware’s government has been criticized for lack of openness and transparency in its decision-making process. This has opened the door to many corruption incidents over the years. One such case is the controversial corrupt land deal that implicates the governor’s administration for selling public land to a political insider for pennies on the dollar. According to records, the state of Delaware purchased 11 acres of land during the 2008 economic crash for 2.78 million dollars, and in 2018, the land was sold to John Paradee for $275,000. This led to the state losing $2,525,000 of tax-payers’ money in the deal. According to the Freedom Information Act, this transaction did not follow due process. Six months after the sale, State senator Trey Paradee, John Paradee’s brother, passed a tax law, making the property more valuable. Two weeks later, the 11-acre land plus the adjacent 10 acres were put on the market for $6.5 million. John Paradee is a well-known political insider- a major supporter and fundraiser of Delaware’s Governor John Carney. He is also Jackie Paradee Mette’s brother, who is Carney’s current legal counsel, and former campaign finance director during the 2016 elections.

The Sale Process Didn’t Follow Procedure

This deal violated Title 17, Chapter 1, section 137(b) 3, of the U.S Code which states that all public land sales must be done at a public auction, and a notice must be given. The Code also states that public land should be sold at no less than 85% of its evaluation value at the time of sale. A public auction was not held during the sale and the public was not notified. The land was also sold at a lower price than its appraisal value. After an evaluation by the Delaware Department of Transportation, the property met only two out of the five required characteristics for minimal independent utility, and it was reported to have potential for commercial development. According to emails acquired by the Freedom Information Act, full information was not disclosed to an adjacent property owner interested in purchasing the land. In the email exchange between John Paradee and an employee of the transportation department overseeing the transaction, the employee was worried that what they were doing was not right and could land them in trouble.

Introduction of the Tax Subsidy

Six months after the transaction, Senator Trey Paradee passed the lodging tax bill in the state’s General Assembly. This legislation increased the Delaware lodging tax from 8% to 11%. The extra tax proceeds were supposed to fund the state’s Turf Sports Complex, where John Paradee was a board member. The Sports Complex was already leasing an 85-acre land from Kent County for only one dollar and was partially guaranteed a $20 million construction bond. While there are many questions still left unanswered from this controversial land deal, it’s clear that it happened under the leadership of Governor John Carney.TikTok, a popular social networking app similar to the now-defunct Vine, has recently come under fire from President Trump, who in August announced his intention to ban the Chinese-owned app in the United States under national security grounds. The deadline for the ban has been repeatedly extended as companies like Microsoft, Walmart, and Oracle scramble to acquire TikTok’s US operations. Yet controversy surrounding TikTok goes back further than this year. The company has repeatedly engaged in downright reprehensible behavior, forgoing Western values like freedom of speech and equality in pursuit of never-ending growth. While American companies like Facebook and Twitter have been criticized by Republicans in congress for allegedly censoring conservative voices, TikTok’s rules go even further, removing content showing underprivileged people, as well as those with autism, obesity, and other visible disabilities. The company feared that displaying people with undesirable visual attributes would reduce user engagement. User engagement measures the amount of time a typical user spends on the app, a critical metric for companies like TikTok, which rely primarily on ad revenue. By prioritizing rich and beautiful users, the company sought to increase the amount of time the average user spent on the app, and therefore increase the value of the company. TikTok employed moderators to flag content displaying these features. Flagged content was not removed, but it wouldn’t be shown on the app’s “for you” page, which uses artificial intelligence to find content a user is most likely to enjoy. While flagged posts would still appear on a content creator’s individual page, the spread of such content was vastly reduced. TikTok claimed that it instituted this policy to prevent bullying. By requiring users to specifically seek out content from disabled people, TikTok hoped to limit unscrupulous users from using it as a platform for hate. Still, Liam Hackett, a British anti-bullying activist, saw it another way, telling the BBC, “it is concerning that young people with disabilities have been actively excluded from participating on a platform that prides itself as being fun and inclusive.” After widespread public outcry, TikTok discontinued the practice. Even after revising its content policies, TikTok continues to censor content it finds objectionable. Posts about the Tiananmen Square massacre, where Chinese soldiers killed up to 10,000 pro-government protesters in Beijing, continue to be banned, as well as discussion about Taiwanese and Tibetan independence. Discussion of these topics is illegal in China, where TikTok’s parent company, ByteDance, is based. While TikTok’s future in the United States remains to be seen, its past actions show the company has no qualms about doing what is necessary to increase brand value regardless of the moral cost.    In 1776, the Founding Fathers met in Philadelphia, just 30 miles north of Delaware, to draft the Declaration of Independence, proclaiming the fundamental right to life, liberty, and the pursuit of happiness. Today, Delaware has abandoned the core principles enshrined in that document: lives are in danger, liberty is under attack, and happiness is at an all-time low. COVID-19 is the greatest public health crisis in American history. President Trump has shied away from federal mandates, allowing states and local governments to determine the policies best for their regions. In Delaware, Governor John Carney’s administration has propagated ineffective and shortsighted regulations that have done little to stop the spread of the virus, at a huge cost to the economy, mental health, and personal freedom At the beginning of the pandemic, Governor Carney issued a statewide mask mandate. This mandate failed to include any exemption for people with asthma, COPD, PTSD, or other conditions that prevent them from safely wearing a mask. New Hampshire, another East Coast state with a similar population to Delaware, did not have a mask mandate until November 20th, and yet has half as many positive coronavirus cases, and a third as many deaths. On March 21st, Governor Carney declared a State of Emergency, shutting down all non-essential businesses until June 1st. At the time, Delaware had less than 100 positive COVID-19 cases. Even with the shutdown, case numbers continued to climb before peaking in mid-April. The World Health Organization has since advocated against lockdowns, except when necessary to prevent overloading the medical system In retrospect, it seems unlikely that the healthcare system would have become overwhelmed, even without a lockdown. Sweden never fully locked down, and the healthcare system there remained below capacity. New York City, which experienced the highest number of coronavirus cases per capita in the United States early on in the pandemic, never ran out of ventilators. The State of Utah never instated a statewide lockdown, yet total deaths per capita remain less than one third as high as Delaware. Even if a shutdown had been necessary, it came with a great economic cost. Delaware expects to lose $749 million in projected tax revenue through March of next year. Small businesses across the country are suffering. Over 163,000 companies have closed nationwide, most of them permanently. In Delaware, the unemployment rate remains above 8%, over twice as high as this time last year. State leaders also did a poor job deciding which places to close during the shutdown. As part of the initial State of Emergency, the governor closed Delaware’s beaches. COVID-19 transmission rates are significantly lower outdoors than indoors, and beaches provide an ideal environment for social distancing. The order also limited churches to a 10-person capacity, and required pastors to wear a mask during their sermons. Congregants over 65 weren’t even allowed to attend church. Finally, after weeks of widespread public outcry and the threat of a lawsuit, the Governor lifted the most severe restrictions. Lockdowns also profoundly hurt mental health. Drug overdose deaths in Delaware are up 60% since last year. According to a report by the Centers for Disease Control and Prevention, in June, 10% of those surveyed nationwide admitted to seriously considering suicide within the past 30 days. Overall, Delaware has done a very poor job of handling the coronavirus pandemic. Governor Carney could stand to learn from the less interventionist policies of Governor Herbert of Utah, or Governor Sununu of New Hampshire. Education on the importance of mask wearing and social distancing is more fair and effective than a heavy-handed regulatory approach.While many people get anxious flying on an airplane, air travel has historically been the safest mode of transportation. In terms of fatalities per miles traveled, planes are 6 times safer than trains, 104 times safer than cars, and over 3000 times safer than motorcycles. Advances in technology continuously make strides in air travel safety, with planes becoming 30 times safer from those in 1975 to those in 2008. Yet a recent spate of accidents involving the Boeing 737 Max has made many skeptical of these statistics and tarnished the reputation of Boeing, which at the time was the world’s largest airplane manufacturer. On October 29, 2018, a 737 Max flown by Lion Air, an Indonesian Airline, crashed into the Pacific Ocean off the coast of Jakarta. Less than 6 months later, an Ethiopian Airlines plane of the same model crashed into the desert near Nairobi just six minutes after takeoff. The safety of the aircraft was immediately called into question, and the Federal Aviation Administration (FAA) ordered the grounding of all Boeing 737 Max planes pending an investigation. Professor Arnold Barnett, from MIT’s Sloan School of Management, calculated that flying on a 737 Max was 20 times more dangerous than the average commercial aircraft. Later, investigators determined that both crashes were caused by an issue with the plane’s navigation system, specifically the Maneuvering Characteristics Augmentation System (MACS). That system was intended to prevent the plane from stalling out, but a sensor failure caused pilots to lose control of the aircraft’s stabilizer system, causing the plane to dive into the ground. The system, not found on older 737 aircraft, was necessary to accommodate the bigger engines that distinguished the 737 Max from its predecessors. This disastrous flaw was predicated by a fatal lapse in judgment by employees on the 737 Max design team. Engineers knew that a failure of the sensor responsible for the MCAS system could be “catastrophic.” A pilot hired to fly the plane in a simulator during the design process commented that the MCAS system was “running rampant,” and a brief moment of inattention on the part of an inexperienced pilot could result in a crash. Boeing’s gross negligence in allowing these planes to fly resulted in the tragic death of 346 people. No one at the company has been charged criminally.  The free market worked its own punishment for Boeing for what happened with the 737 Max. The company lost over $20 billion as a result of the issue. Boeing’s stock dropped 23% within the 9 months following the Ethiopian Airlines crash, and it was also surpassed by Europe’s Airbus as the top airplane manufacturer worldwide.  Last week, the FAA finally gave the approval for the 737 Max planes to return to the sky, after Boeing updated the plane’s internal software to prevent future crashes. Budget-strapped Alaska Air quickly swooped in to lease 13 of the planes, but it remains to be seen whether the public will ever trust flying on a 737 Max again.  The Delaware Court of Chancery has a diversity problem, but they don’t want the public to know this. Out of the seven members of the Chancery Court, there are currently no people of color represented. It is an entirely white court. However, the official photo used on the Delaware Courts website attempts to tell a different story. This photo shows Tamika Montgomery-Reeves, a Black woman, as a Vice Chancellor. However, Montgomery-Reeves has moved on from the Chancery Court and is now a Justice on the Delaware Supreme Court. When she left the court, she was replaced by Paul A. Fioravanti, a white man who is not seen in the picture. This photo represents a major issue with Governor John Carney’s administration. He has failed to protect people of color in Delaware. Only 15 percent of the state’s top judges are Black, but the Delaware prison system disproportionately targets people of color. Over half of the inmates in Delaware are Black, despite Black people making up only 23 percent of the state population. Several factors contribute to this statistical problem, but one of them certainly must be the lack of diversity in John Carney’s courts. Rather than improve representation in the courts, Carney’s administration uses outdated pictures to appear as though they are more diverse than they are. These practices have adverse effects on the state’s minority populations and lead to unjust legal treatment. For example, Barry Croft, a white supremacist, was pardoned by Governor John Carney’s all-white Board of Pardons. He then went on to be involved in the plot to kidnap Governor Gretchen Whitmer of Michigan. Meanwhile, inmates of Delaware prison, who are disproportionately Black, are left in dangerous conditions during the COVID-19 pandemic. Several inmates have died from the disease due to mismanagement of the prison system. Governor Carney’s courts fail to provide necessary protection for the state’s most vulnerable populations. This danger extends beyond the courts as well, as Delaware police are also predominately white. Since 2005, Delaware police have shot 56 people and have killed 30. Half of the victims have been Black, and in every shooting, the officers involved were not charged. Delaware is witnessing a legal system in which white police and white judges are determining the fates of white lives, and they are failing at a dangerous level. In the Chancery Court photo, Tamika Montgomery-Reeves is shown to be a Vice Chancellor despite having moved on to the Supreme Court. While this may seem like a small detail at first glance, it is representative of a much larger issue. Governor John Carney’s administration fails to represent Delaware’s people of color, who face an overwhelmingly white legal system.

Can the Government Shut Down Businesses in the Wake of the COVID-19 Pandemic?

To stem the COVID-19 spiral, the US Government shut down businesses, learning institutions, and places of worship and forced citizens to stay in their homes. As business remained crippled and the economy faced downtime, companies and individuals asked if the government has any right to actually shut down businesses. Below we discuss COVID-19 and the US constitution to determine if the government was in the right to call for closures across the country.

COVID-19 and the Constitution

To determine if the government has any right to set restrictions on business operations and force people to stay in their homes, we must take a close look at the link between the deadly virus and the constitution. The pandemic raised a host of constitutional issues, including the following:

• How the government can operate while adhering to social distancing;
• The interplay between federal and state governments in response to the crisis;
• How presidential powers may affect democratic forms in emergencies;
• Whether voting procedures would change in the face of the pandemic.   

Yes, But No Arbitrary Action

The government has the constitutional right to close down businesses in the face of a pandemic, or any emergency for that matter. However, it’s unlikely that the government will send out the military to ensure citizens are following all restrictions exactly. The declaration for the closure of businesses would have to stay within the precincts of the laws authorizing the edict.  Governors across the country have imposed various restrictions in the last 8 months based on the severity of case rate. Since the virus has been spreading rapidly in November, many governors, such as Governor Murphy of New Jersey, have put forth new restrictions and safety protocols for citizens. Some restrictions are more enforceable than others. For example, it’s easier to ensure restaurants and bars close at 10 p.m. than to make sure family members aren’t gathering in large groups indoors. The latter has caused friction between many individuals who have chosen not to comply with specific gathering measures.

Preventing Abuse of Power

The separation of our government entities into three branches is to prevent the possible abuse of power. Because of this, governors cannot do whatever they please, even if their actions are in the best interests of the people.  For example, when Michigan Governor Gretchen Whitmer extended stay-at-home orders in the spring, Republican legislators introduced a bill to strip her of certain powers, causing some of her restrictions to be ruled back in the state. Yet emergencies, such as the pandemic, allow for flexibility in statutory powers.  Other examples of state’s of emergency include hurricanes and snowstorms, where governors are given the ability to call on police to redirect traffic, free up funds earmarked for emergencies, and call on the National Guard to help.     

The Bottom Line

The government has the right to shut down businesses and quarantine citizens in the process for the safety, welfare, and health of the people. Companies and businesses should take appropriate measures to comply with government directives. However, they can mitigate the impact of executive orders by checking if they have insurance coverage for business interruptions resulting from the state closure of their firms.    OPINION

Dear Friends,

If Joe Biden prevails and the massive fraud on the American Presidential election is allowed to stand, folks you are going to see drastic changes in your lives that are unprecedented. The Pandemic, in my opinion, created and unleashed by the Communist Chinese, financially connected to Joe Biden and his son Hunter, regardless of the outcome of the Georgia Senate elections, will and has been used as a tool to control our lives.

Indeed, the Coronavirus is dangerous, however, as the fatality rate is very small and only those who are elderly or have pre-existing conditions have to be concerned. I am diabetic and I have to be more careful. I personally take that responsibility, as we all should.

However, to literally put people out of business, by inhibiting, restricting, and limiting production and sales because of the Coronavirus is beyond absurd. That is exactly what is happening in Delaware where the officious and wrongful priority by a Governor, to literally destroy people’s incomes, because of a controversial opinion of a few scientists, is in my view criminal.

Lockdowns do not stop the virus. As soon as the lockdown is lifted, it comes right back! A vaccine, which is apparently imminent, hopefully will solve the problem of the recent boost in actual cases. Until then, it gives Governor John Carney another excuse to institute his dictatorial authority.

Delaware, with all of its corruption (The Delaware Way, including every aspect of the 3 branches of government, especially the Chancery Court) is and will continue to be a microcosm of Joe Biden’s insidious experiment. For all intents and purposes, John Carney is a pupil of Joe Biden’s and his failed government was only reelected because the whole Biden scenario is so entrenched with the New Castle County Blacks, Union laborers, and unemployed liberals, that regardless of devastating Delaware’s economy, the Delawareans blindly follow Carney into financial destitution under the guise that it is a real emergency.

The business people who have been crushed by Carney’s prohibitions and probably will go completely under once Carney’s new restrictions take hold, have some disturbing things to say. Unfortunately, people who own businesses are in a huge minority in liberal Delaware, and will always be usurped by the left-wing mob. This left-wing Democrat state, that makes 1/3 of its income from the franchise taxes from incorporations, ironically is one of the most business-unfriendly states in America.

As always your comments are welcome and appreciated. God bless America!

Respectfully yours,

JUDSON Bennett-Coastal Network

Are Government Regulations Really Good for the Economy?

Government involvement in the US economy has grown enormously in recent years, prompting mixed reactions from individuals and businesses. Proponents claim regulations are necessary to mitigate the risks of unregulated business, including labor abuse and environmental damage. While some interventions aim to streamline the private sector by providing clear guidelines, advice to businesses, and even loans, companies have voiced concerns about the regulations impeding growth and efficiency.

A Tale of Mixed Fortunes

American firms have suffered and prospered under the ever-increasing government involvement in business. Consequently, the relationship between the government and businesses has been either adversarial or collaborative. A complicated tax code has not made matters any better. As firms express their displeasure over a government with seemingly stifling regulations, consumers are pleased. The rules have protected them from exploitative practices, such as over-pricing and poor-quality products.

Fighting Corporate Fraud: The Sarbanes-Oxley Act

In the wake of rampant corporate fraud that roped in several companies, such as Tyco and Enron, Congress enacted the Sarbanes-Oxley Act in 2002. The Act fosters corporate responsibility and regulates the accounting and auditing of businesses. Many in the corporate world argued the bill would be more detrimental than beneficial to their businesses. They asserted that compliance with the law would be time-consuming, ineffective, and unnecessarily complicated, while not actually protecting shareholders from fraud. The corporate world’s stand against the new law gained traction when many financial frauds surfaced during the 2008 financial crisis. One such high-level fraud case involved Bernie Madoff, the man who pulled off a multi-billion Ponzi scheme disguised as investment securities.

How Government Regulations Protect Businesses

No one can deny that the government occasionally embraces extraordinary measures to protect business entities in times of adverse economic adversity. For instance, economists argue, the Troubled Asset Relief Program (TARP) and the subsequent economic stimulus plans helped to avert a repeat of the Great Depression. Many people often overlook the importance of the rule of law enforced by the government. A good example is the US Patent and Trademark Office that protects specific products and inventions from illegal infringement by competitors. Violations of patents and trademarks attract hefty fines. This type of regulation helps businesses thrive and maintains healthy competition.

The Bottom Line

The government plays the role of providing advisory and financial services to businesses. It also plays the role of advocate to the public, establishing and enforcing worker safety, consumer protection, and other laws. However, governments do also have a long history of over-regulation, trapping countries in patterns of long-term decline. The dual nature of the relation between the government and firms is likely to escalate because disputes will always arise. Maybe, just maybe, success may lie in the government playing a neutral referee in a game whose rules keep changing.

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com

Bayer and Monsanto Highlight Corruption in the U.S.

While Monsanto is a well-known company to consumers, not everyone is aware of the impact the massive brand has on Americans. The Monsanto controversy is not limited to one occasion—the agricultural biotech company has been involved in various lawsuits and at the receiving end of numerous accusations. In 2016, Monsanto merged with Bayer, one of the largest pharmaceutical companies in the world. This merger has turned out to be one of the biggest cases of US corruption to date. 

What is Monsanto?

In short, Monsanto is an agricultural biotechnology company that has been around since 1901. The company is most famous for being the world’s leading producer of Roundup, a herbicide designed to kill weeds—but linked to cancer diagnoses. Over the years, Monsanto created genetically modified (GM) seeds that are “Roundup Ready”, meaning they are not affected by the herbicide, and continue to grow no matter how much Roundup is sprayed on and around them. By 2013, Monsanto was responsible for growing 80% of genetically modified corn and 93% of genetically modified soy in the United States. 

Where are they now?

In 2018, Monsanto became a part of the crop science program run by Bayer, with a $66 million contract that dissolved the Monsanto name. What was once Monsanto is now only known as Bayer—an attempt at distancing the company from the negative publicity that surrounds Monsanto. All products acquired in the sale are now part of Bayer’s portfolio, and although this certainly removes Monsanto from the spotlight, it doesn’t mean that this sale won’t allow Monsanto to continue to have major implications on the American public.  Bayer is a pharmaceutical company. Monsanto is a biotechnology company producing herbicides that are linked to causing health complications. Having the two companies under the same roof leads to questions of ethics. Is it right for a company to own both a brand that is in hot water for causing cancer and other health issues, yet also own a brand that provides relief to those suffering? 

In and Out of Court: Millions Against Monsanto

Monsanto has been surrounded by controversy since the Vietnam War, when they were one of the largest producers of Agent Orange, showcasing its decades long rap sheet for controversy.  Unfortunately, Monsanto didn’t quite learn from past mistakes. Instead, they went on to create Roundup, a weed killer containing glyphosate. Glyphosate was created by Monsanto in 1974, and has since been subject to over 100,000 court cases linking exposure to the herbicide to cancer, specifically non-Hodgkins lymphoma. In fact, Bayer was recently required to settle the lawsuits with a $10 billion agreement.  With Monsanto having been previously based in Delaware, a case was launched in the Delaware Chancery Court called Barrera v. Monsanto. This case related to Roundup causing cancer, and included several plaintiffs filing claims alleging their cancer was caused by exposure to glyphosate. However, since the plaintiffs did not reside in Delaware, Monsanto attempted to fight the case, asserting the claims should be moved to the courts in their respective jurisdictions. The court denied the request of dismissal, which many took note of, as Delaware Chancery Court had recently been under question after dismissing other cases for similar reasons. Unfortunately, the court cases haven’t stopped since Bayer bought out Monsanto—In 2019, a jury in California ordered Bayer to pay $2 billion in damages for not adequately informing consumers about the harmful effects of Roundup. 

Against the Grain: Americans Against Monsanto

As Monsanto continues to prioritize a longer shelf life and perfect crops over the health of the American people, consumers have taken time to do their due diligence and shift their eating habits to create a more sustainable lifestyle outside of genetically modified fruits and vegetables; opting for organic foods, and, in some cases, a completely vegan lifestyle to prevent contaminated meats. The organic movement is one of the largest food trends in American history. Although there continues to be an ongoing debate as to whether organic products are healthier for the everyday consumer, there are guidelines that organic produces are required to follow by the FDA, including:

• Land Use: The land used to produce an organic fruit or vegetable crop must be free of synthetic fertilizers and pesticides, such as those traditionally used in regular farming.
• Farming Practices: Owners or organic farms are not allowed to use genetically modified seeds, such as those created by Monsanto to ward off bugs or insects.
• Ingredients: Any product labeled as organic must be free of any synthetic ingredients

Outside of the organic movement, there is another food movement brewing amidst the US population: veganism. This new food trend is in part due to the avoidance of eating animals that have consumed genetically modified grains and vegetables ahead of slaughter, while environmental impacts and animal rights also play a role. Since the start of this movement, about 8% of the world has identified as a vegan with about 2% residing in the United States. With the American people opting for healthier lifestyle choices, this may be one of the determining factors in the future of Monsanto.

The Coastal Network

The Coastal Network is an unbiased news source reporting information on the business world, the Delaware Chancery Court system, the beyond. We strive to bring light to corruption in the United States, and hope to aid readers to make informed decisions on current events.  If you want to learn more about The Coastal Network, or are interested in furthering your knowledge of US corruption, visit our website at www.coastalnetwork.com.   

Jeffrey Epstein, a High-Profile Individual, Evaded Serious Charges in the US Government 

Jeffrey Epstein, a hedge-fund manager with many high-profile acquaintances, was charged with sex trafficking of minors last year after luring young girls to his Palm Beach mansion for years. As someone with seemingly unlimited power and influence, Epstein somehow evaded serious charges from the government until 2019, with accusations dating back to the early 2000s.   The Epstein case brings the state of corruption in the FBI and U.S. justice system to light—many questions have arisen regarding how the case was handled by the FBI and how the sweetheart deal was made. Epstein, who died by suspected suicide in 2019, was finally charged by Florida prosecutors in 2008, when he pleaded guilty. 

Corruption in the US Court System Enabled Epstein to Walk Free for Years

Jeffrey Epstein’s case depicts deep corruption in the U.S. court system. After being accused of trafficking and abusing young girls, Epstein was merely given an 18 month sentence—a slap on the wrist for such heinous crimes. Not only did Epstein receive a lenient sentence of solicitation of prostitution as part of the sweetheart deal, but he only served 13 months, during which he was free much of the time on a work release.  Alexander Acosta, the U.S. attorney in Miami at the time, is one of the key figures who mishandled the Epstein case and granted the sweetheart deal. Acosta’s office broke the law by not disclosing the deal to victims. He had the power to lock Epstein away for life, yet allowed the sex offender to roam free for another decade. In the summer of 2019, Epstein was arrested and charged with sex trafficking by federal prosecutors.  Acosta was not the only official that seemed to be in Epstein’s corner—the office of New York District Attorney Cyrus Vance, argued that Epstein’s status as a sex offender be reduced. Epstein’s defenders, Acosta and Vance, are in the public realm and should be held accountable for their leniency. At least 80 teenagers, most between the ages of 13 and 16 when abused, came forward with similar stories of being lured to Epstein’s mansion. Yet both Acosta and Vance chose to ignore victims and side with a predator, simply because he had money and the power of influence. 

Corruption in the Prison System

On Aug. 10, 2019, Epstein was found dead in his jail cell. The forensic report showed the cause of death as suicide, though many people are skeptical and don’t believe that Epstein killed himself. Ultimately, two jail guards at the Metropolitan Correctional Center in Manhattan were charged with falsifying records. The two guards initially claimed to have done their nightly rounds, but footage suggests otherwise, and they confessed to “messing up.” The circumstances surrounding the suicide and how jail guards did not notice has been a source of consipiracy theories and suspicion. 

An End to Trial and Co-conspirators

Though Epstein’s death brings an end to the case, it is not the end of investigations. Epstein’s main co-conspirator, his long-time girlfriend Ghislaine Maxwell, was recently arrested for her role in the sex trafficking of minors. Other prominent figures who mingled with Epstein and Maxwell are also under scrutiny. A survivor accuses Prince Andrew of sex with minors and says that Epstein trafficked many of the underage girls to have sex with prominent men. Other politicians and celebrities who socialized with Epstein are also under the public eye, including President Trump, former President Bill Clinton, Kevin Spacey and Woody Allen, to name a few. The Epstein corruption saga is not over—those who were involved need to be held accountable so justice can be brought to victims.  

Coastal Network

The Coastal Network is an outlet committed to promoting transparency in the business world and beyond.  For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com   

Cambridge Analytica Showcases Corruption in the United States

The Cambridge Analytica scandal is a perfect example of corruption in the United States. At the center of this scandal: data mishandling, involving data company Cambridge Analytica and social powerhouse Facebook.  After an expose uncovered Cambridge Analytica’s involvement in wrongfully handling user data, CEO Alexander Nix was suspended from his job. The exposed report revealed that the data of 87 million Americans was wrongfully and illegally obtained by Cambridge Analytica in favor of Trump’s election campaign. Many Americans were shocked and disgruntled with the revelation that their personal data was harvested from Facebook, a major social media platform. Facebook CEO Mark Zuckerberg appeared before congress to respond to the scandal. 

Facebook’s Involvement in the Cambridge Analytica Scandal

In the Cambridge Analytica scandal, the consulting firm accessed unauthorized data from users by using a software application through an available Facebook quiz that was deployed on the social platform. The data collected by Cambridge was said to build voters’ profiles, but was instead utilized for hyper-targeting of individuals.  With tens of millions of Americans affected by the breach, this scandal could not simply be swept under the rug. Zuckerberg seemed to be notably quiet after the scandal surfaced, but later appeared before congress to answer questions about the mishandling of American’s personal information. Data privacy remains a hot topic, and many Americans are concerned about how their data online is handled. 

Facebook: Selling Out the American People?

There’s no doubt that Cambridge Analytica’s actions were a main contributor to the influencing of the 2016 election and other political decisions globally, as they harvested personal information to build highly-specific demographic profiles. However, the majority of the data mishandling fell on social monolith Facebook, as Americans place their trust in the platform to securely withhold their data. Naturally, Facebook faced criticism for allowing data harvesting to happen. Many people looked to Zuckerberg to make a statement; others simply deleted their Facebook profiles. At the end of the day, Facebook was fined $5 billion, though this is merely a slap on the wrist for a CEO with a net worth of $96 billion. But many still claim that Facebook ultimately sold out the American people.

Data and Corruption in the United States

Corruption in mishandling personal information will only become more prevalent as people continue to use social media platforms and companies continue to act in their own self-interest. To make matters more complex, President Trump’s former Aide Stephen Banon worked as a board member of Cambridge Analytica, showcasing a conflict of interest in the case. But, protecting user data is not as simple as it may seem. While some people urge the government to regulate massive companies like Facebook, others would rather let the free market take control. Will these large companies do the right thing and guarantee users of their privacy? 

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com 

How the Private Sector Can Get Us Back to Work Amidst the Pandemic

As we head into fall, many Americans are still uncertain about COVID-19 risks around the country—especially, for some, the risks that come with a return to school, although schools across the country have provided both virtual and in-person learning options. The US has led the world in COVID-19 cases and resulting deaths in the last few months, due in part to a lackluster state and federal response to the virus. The key to getting back to work lies in the private sector. 

The U.S. Government’s Response to COVID-19

In a time where the federal government should be providing direction, it instead lacked leadership and provided a poorly organized response to the pandemic. Even in March, it was clear that the government’s response featured failures of judgement and inaction that inevitably cost the lives of Americans. Though the federal government certainly can’t be expected to do everything to protect us, it should provide guidance to states, local governments and private businesses. As pandemic responses have largely been left up to state governments, the country has seen waves of cases regionally—first, raging on the East Coast and throughout the midwest; now flaring up on the West Coast and in the South.  Additionally, a lack of Personal Protective Equipment (PPE) left frontline workers vulnerable to the virus. Without supplies from the federal government, states were left bidding against each other for PPE and other medical supplies. With the federal government and state governments buying from the same supply chain, resources ran out quickly. This is where the private sector came in—when President Trump enacted the Defense Production Act, private market manufacturers were compelled to ramp up production of PPE. This act is a great example of enabling the private sector to both thrive and help the nation overcome this pandemic. At the start of the pandemic, the federal government’s regulation of testing left out the private sector, an important asset that has led to innovative solutions and an increase in testing in recent months. 

The Benefits of the Private Sector During COVID-19

In addition to providing another helping hand in a dire situation, local businesses know their communities best. Providing funding and resources to the private sector enables them to identify the local risk level and needs of residents in their region. Supporting the private sector also creates and keeps jobs—something that’s so critical in a time of historic unemployment.  Investing in the private sector also encourages an all-hands-on-deck mentality, where diverse groups of employees can tap into their innovation and creativity to contribute to solutions. The private sector can do a more efficient job in monitoring virus spread and helping Americans evaluate risk—with the help of a federal government that provides infrastructure and the funds needed to succeed.  Gerald Commissiong, CEO of Todos Medical, a company focused on COVID-19 screening and diagnosis, commented “By taking the federal government out of the equation and leaving testing up to the private sector, we can perform a much more efficient job by removing politics and sticking to what really matters; science and business. America is founded on capitalism, so why not revert to what we do best? Adapt and overcome obstacles through innovation, not from the elected officials, but from industry professionals who have dedicated their careers to studying disease testing and control.”

Getting Americans Back to Work 

Returning to the office and bringing back jobs that were lost as the pandemic shut down the country is reliant on our government’s support of the private sector. With the ability to ramp up testing, provide crucial PPE equipment and conduct research that could lead to a vaccine, the private sector is in a position to lead the US response to the virus. Even as employers bring employees back into an office setting, the private sector can provide the tools to make it a smooth transition—thermometers, masks, and cleaning supplies, all of which will be necessary to keep offices and schools safe. 

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com

Credit Suisse, a Swiss investment bank, is under investigation by a regulator after accusations of spying on a former executive. This scandal led to the ousting of the bank’s CEO, Tidjane Thiam, and other top executives.

The spying scandal that hit the Swiss bank, Credit Suisse, highlights corruption in the banking and investment industry. Last year, it emerged that Credit Suisse had hired Investigo, a security firm, to follow a former executive, Iqbal Khan. It later emerged that the bank’s former human resources head, Peter Goerke, and a former employee in Asia were also spied on. Recently, another case of corruption in the United States came to light when it was reported that another staff member was under surveillance in the US. All of this is just the tip of the iceberg when it comes to corruption in the United States, and corruption in the banking and investment industry, respectively.

Iqbal Khan and Credit Suisse Corruption

After spending 12 years as an auditor at Ernst & Young, Iqbal Khan joined Credit Suisse’s wealth management department in 2013. Within two years, he had risen to become the unit’s CEO. According to the Financial Times, Khan brought an upward of $46 billion in new assets and oversaw an 80% increase in the wealth management division. As Khan rose through the ranks, he became friends with the bank’s CEO, Tidjane Thiam. However, their professional relationship turned sour when Khan was passed over for a promotion to the company’s executive board. Khan then made the decision to leave Credit Suisse, taking a position with UBS, Credit Suisse’s arch-rival in the investment banking space.

Chief Operating Officer, Pierre-Olivier Bouee, Leans into Data and Corruption

A current investigation into the scandal found that the bank’s then chief operating officer, Pierre-Olivier Bouee, instructed the bank’s security chief to monitor Khan for fear that he was trying to poach the bank’s clients and employees. Khan was tracked for a long time before realizing he was being trailed. During a shopping trip, Khan noticed an investigator following him. He confronted the detective and filed a criminal complaint with Zurich’s public prosecutor. An investigation into the Credit Suisse scam revealed that Thiam wasn’t aware of the surveillance. This goes to show how corruption, if unchecked, can run rampant.

Credit Suisse Spying Scandal Casts Dark Shadow

Under the leadership of CEO Tidjane Thiam the bank enjoyed steady growth. However, the spying scandal has cast a dark shadow over the bank’s reputation, resulting in Thiam, Bouee, and the chief security officer stepping down from their positions. The new CEO, Thomas Gottstein, has been tasked with repairing the bank’s reputation and restoring the shareholder’s trust in the bank’s management.

Under Investigation by Finma

The bank is now under investigation from the Swiss regulator, Finma. Although the regulator doesn’t have criminal enforcement powers, it can censure the bank and ban the implicated executives from the industry. This scandal has shaken up the banking industry, further exposing how far corporations can and will go to protect their own interests.

Coastal Network

The Coastal Network is an outlet committed to promoting transparency in the business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com

9 Laws that Regulate U.S. Companies

To legally start and operate a business in the US, you must make sure you’re compliant with all US business laws. Government regulations on business affect all industries. There are different regulations, ranging from federal, state and local laws that control different business practices. Due to the sheer number of these regulations, it can be challenging to know which ones apply to your business. Here’s a rundown of the most important United States business laws that every business must abide by.

Sales Tax Laws

Sales Tax Laws require businesses to collect tax from their customers and submit them to the state. The business is only liable for sales tax if it has a physical connection to the state. This could be in the form of a brick and mortar shop, warehouse or hiring employees in that state.

Occupational Safety and Health Act

OSHA laws protect employees from hazards that may compromise their health and safety at work. It requires businesses to provide a safe workplace environment free of damaging noise, toxic chemicals, unsanitary conditions and thermal stresses. Most recently, OSHA has been providing key-health lists in the case that businesses head back to work in the pandemic.

Equal Employment Opportunity Act

The Equal Employment Opportunity Act makes it illegal for businesses to discriminate against employees based on sex, national origin, race, disability, age, color, or religion. It protects workers from retaliation when they file a discrimination claim or lawsuit.

Fair Labor Standards Act

This small business law regulates minimum wage, recordkeeping, overtime pay and child labor rules. It stipulates that employers should pay covered workers the federal minimum wage and overtime.

Family and Medical Leave Act (FMLA)

The FMLA is a United States business law that provides eligible employees with 12 weeks of unpaid leave for family and health reasons. This SMB law offers job protection and requires employers to maintain the employee’s health benefits during the leave. It covers employees who have worked for a minimum of 12 months in a company that employs 50 or more people.

Affordable Care Act

Commonly known as Obamacare, this law covers health care costs, coverage and preventive care. Its main objectives are to make health insurance more available and affordable and expand Medicaid to more low-income people.

Antitrust Laws

Antitrust laws exist to ensure businesses uphold business ethics. It prohibits companies from engaging in predatory business activities such as fixing market prices, monopolization, or conspiracy to boycott a supplier or competitor.

Licensing and Permits Laws

Every state and local governments have different small business laws that regulate businesses. Licensing and permits laws lay out the requirements small businesses should meet to operate.

Truth in Advertising and Marketing Law

Enforced by the Federal Trade Commission, truth in advertising laws aim to protect consumers from fraudulent advertising. It stipulates that the ad must not be misleading, but be truthful and backed by scientific evidence when necessary.

Coastal Network

The Coastal Network is an online platform dedicated to exposing corruption and championing transparency advocacy in the Delaware Court System and the business world. Visit www.coastalnetwork.com for more on business and corruption.

Delaware-Based Law Firm Skadden Arps Continues to Make Negative Headlines

One of the most influential corporate law firms in the nation is also heavily involved in Delaware’s court system affairs. Skadden, Arps, Slate, Meagher & Flom is a corporate law giant that many Delaware citizens and working class Americans are growing wary of as conflict of interest issues continue to arise. The Chancery Court continues to face scrutiny after years of corruption and scandals that involved associates of Skadden Arps. 

About Skadden, Arps, Slate, Meagher & Flom

Skadden Arps was founded in New York in 1948. In the decades since, the firm’s Litigation Group has grown to employ approximately 600 attorneys worldwide. The firm’s grip on Delaware in particular has a lengthy history—it was the first national firm to establish a presence in the state almost 40 years ago. This undoubtedly contributes to the strong influence the firm holds over the Delaware Court of Chancery; which has contributed to an abundance of conflicts of interest within the Delaware court system. Delaware Court Chancellor Andre Bouchard and his court-appointed Custodian, Robert Pincus, have graced many headlines in recent years. Both Bouchard and Pincus worked for Skadden Arps, leading many to accuse Bouchard and the Chancery Court of conflict of interest. Chancellor Bouchard has been accused of being biased and bad for business while overstepping constantly at the expense of working class Americans. 

Skadden Arps and WeWork

Another case bringing negative attention to Chancellor Bouchard and the Delaware Court of Chancery is the WeWork suit against SoftBank. In October 2019, SoftBank agreed to buy $3 billion of WeWork shares, then canceled the deal. After the deal fell through, WeWork’s valuation collapsed from $47 billion to about $8 billion. A special committee of WeWork directors sued SoftBank in the Delaware Chancery Court for breach of contract and breach of fiduciary duty. By the time suit was filed, because of the massive amount of shares promised to be purchased by SoftBank initially, half of WeWork’s board was appointed by SoftBank.  SoftBank, represented by Skadden Arps, is arguing that there is a conflict of interest regarding the board members in the committee suing SoftBank. Chancellor Bouchard allowed the appointment of new directors, siding with WeWork’s parent company. Yet again, both the Delaware Chancery Court and Skadden Arps are involved in a bizarre case making headlines. 

Skadden Arps and Diversity Issues 

Racial equity in America has been dominating discussions in recent months, forcing many companies and organizations to take a much-needed look at how they’ve handled diversity and equity in the workplace. Skadden Arps is no exception—the firm has faced scrutiny from many groups in recent months because of its lack of diversity. Civil rights advocate Al Sharpton has criticized Skadden over it’s lack of minority representation in its latest partner class. In a letter to Skadden, Sharpton notes:  “Take a look at judges like Chancery Court Chancellor Andre Bouchard, or even retired Delaware Supreme Court Justice Leo Strine, where did they come from? Skadden Arps. One firm, Skadden Arps, has an especially significant impact on an entire state’s justice system. Therefore, Skadden Arps needs to lead the effort to more completely diversify the ranks of law firm partners and judges in this state.”  Another group that has called out the firm over it’s lack of diversity is Citizens for a Pro-Business Delaware. The group has noted that Skadden has just a handful of African American lawyers in a state that’s nearly 30 percent black. This statement came in response to statistics released by Skadden Arps highlighting the diversity, or lack thereof, within their own firm. 

Skadden Arps and TransPerfect

The TransPerfect case with Skadden Arps is riddled with scandal and conflict of interest. Aside from the forced auction of the company by Chancellor Bouchard, he appointed his former Skadden associate, Robert Pincus, as custodian to the case. Since his appointment, Skadden has collected more than $14 million in court fees.  Citizens for a Pro Business Delaware explained:  “Since being appointed custodian of the company, Skadden has never produced an itemized invoice for the services it claims to have performed as the firm, led by Jennifer Voss and Bob Pincus, has already collected over $14 million in court-ordered legal fees from TransPerfect. That needs to change. Our members and TransPerfect’s employees deserve to know where that money has gone.” Chancellor Andre Bouchard is partially responsible for the abundance of legal fees, having issued a nearly $1,500 an hour no-bid contract for the case. 

A Firm With a Negative Rap Sheet

Though Skadden Arps is one of the biggest corporate law firms in the nation, that doesn’t necessarily mean it adopts transparent practices. Current and former associates, such as Bouchard and Pincus, have been in headlines for bias and conflict of interest in cases such as TransPerfect and WeWork. The scandal extends far beyond the Delaware court system: Skadden made international headlines when the firm settled for more than $11 million to avoid a lawsuit by a former Ukrainian prime minister. 

Coastal Network

The Coastal Network is an outlet committed to providing insight into Delaware’s court system, business, and beyond through transparency and honesty. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com 

The Court of Chancery’s Inequity in Handling the WeWork Case

The Court of Chancery in Delaware handles corporate cases, as a top incorporation state in the United States. At the Chancery level, the court does not include juries, and the presiding judge has the final verdict in each case. Notably, with this type of system, and no watch dogs in place, there is room for judicial overreach and corruption. While the Delaware Court of Chancery is famous for incorporating 60% of Fortune 500 companies and countless businesses, the court has most recently been in the news for injustice that’s seeped into its handling of multiple cases, including office share space company WeWork.

The Court of Chancery and the WeWork Case

The Court of Chancery continues to make headlines alongside WeWork for the injustice that continues to seep into the case, but how did it start? Two independent directors in WeWork, Lew Frankfort, and Bruce Dunlevie, approached the Chancery Court through their lawyer William B. Chandler 111 due to its history of being a pro-business state. The primary aim of the current lawsuit that has landed in the court is to hold SoftBank accountable for its breach of contract with WeWork. WeWork’s contract with SoftBank required SoftBank to buy WeWork shares up to $3 billion from Chief Executive Officer Adam Neumann and other shareholders. Upon the completion of all the legal requirements of the contract, SoftBank will, in the future, have full control over the current WeWork’s management. However, SoftBank decided to end the contract on April 1, 2020, leading to the two directors filing for a lawsuit.

The Case Ruling by Andre Bouchard

The presiding judge, Chancellor Andre Bouchard, authorized the appointment of two new directors. The appointed directors’ role is to investigate if Lew Frankfort and Bruce Dunlevie have the right to sue SoftBank. The ruling offers the parent company access to the privileged company’s information through their representative Skadden Arps. William B. Chandler III argues that allowing the appointment of new directors is harmful to the case and Chancellor Bouchard is disregarding important laws and opting to side with the parent company. Both directors expect compensation of $250,000 each in two months.

Parallels Between the WeWork and TransPerfect Case

With the current state of press surrounding the case, those who are aware of the court’s history have drawn parallels between the WeWork case and other significant cases in the past where Chancellor Bouchard and the Court made harmful decisions that impacted the company. One company that took the brunt of the Court’s decision was global translation company, TransPerfect. In the TransPerfect case, Elizabeth Elting filed a lawsuit against business partner Phil Shawe. In the lawsuit, Elting makes a demand for the sale of the company. During the lawsuit, the company has an average of $470 million in total revenue. Shawe put forward a reasonable deal wanting to buy Elting’s shares for $300 million. Chancellor Andre Bouchard, the presiding judge on the case, discarded the offer and proceeded to use a strict and rare custodian appointment method to put the company up for auction. Bouchard granted the custodian, former employee of Skadden Arps, Robert Pincus, authority to oversee billings and hire consultants. Pincus did not allow Shawe to view any of the bills. The unjust rule led to the company’s auctioning, requiring Shawe and other bidders to buy out the company. Shawe won the bid and bought the company at a high price of $770 million. Both the WeWork and TransPerfect cases expose the Court of Chancery’s ignorance of the law and execution of unfair rules to Delaware businesses. Additionally, the fact that Andre Bouchard was an employee at Skadden Arps—the firm that gets the upper hand initially in both cases—illustrates favoritism to the firm.

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com

How Does Mail-In Voting Work? What are the Pros and Cons of Mail-In Voting?

In the last few weeks, there has been heated debate over the pros and cons of mail-in voting. Because of the dangers of gathering in groups while COVID-19 continues to spread, mail-in voting has become an appealing option for voters to exercise their right without fear of being exposed to the novel virus. However, many officials have resisted this option out of fears that voter fraud and suppression would increase, leading to further United States corruption and a lack of voter transparency, or worse, a fraudulent election. This article will go over some of the key pros and cons of mail-in voting. 

Pro: Providing Voter Access

Mail-in voting is a prime opportunity for all voters to participate in the process that is their guaranteed right. In America, anyone is allowed to request an absentee ballot without explanation, and mail-in voting would work in much the same way. This option is especially helpful for those who suffer from disabilities and have a hard time getting out of the house. It is also simpler and less time-consuming to mail ballots, making it easier for young people or disadvantaged groups who normally don’t take the time to go in. Anyone, regardless of age, gender, race, or ability, has the opportunity to vote by mail. 

Con: Inefficiency and Issues with Voter Transparency

Mail-in voting is convenient for many voters, but once it gets in the mail, many problems can potentially ensue. Often, ballots arrive late at their destinations, as evidenced earlier this summer in Wisconsin. Sometimes, requests for ballots overwhelm officials, leading to many citizens not receiving a ballot in time to fill it out and send it back. Some ballots are not properly filled out or have mismatched signatures, which makes them ineligible and reduces the total number of votes. Counting is made more difficult by such delays, and most mail-in elections also suffer from some element of voter fraud. 

Pro: Saving Government Funds 

According to research done by Pew Trusts, the state of Colorado cut government voting expenditures by 40% after instituting a process of sending all voters a ballot by mail. Costs were decreased in printing services, paying officials, renting facilities, and, (with the inclusion of drop-off locations), even postage. 

Con: Security Concerns Over United States Corruption 

Many voters fear voter corruption from mail-in ballots because they don’t want their signature and other personal information exposed or lost in the mail.  Drop boxes used for dropping off ballots on or near the day of election are also open to security risks as they are usually unattended, leaving it possible that locks may be tampered with or boxes moved. Officials are encouraged to place boxes near security cameras/videos in well-lit areas. 

Pro: Convenience

Convenience is especially important for young people in the voting cycle, but with mail-in voting it becomes a benefit for all. Instead of seeing varying deadlines across states for the absentee ballots to be turned in, mail-in voting would include a deadline on election day. This would be easy for voters to understand and increase numbers in demographics like young adults who just don’t want to be bothered to go to a polling place. It would also be convenient for older people who are more at risk from COVID-19 and maybe be hesitant to vote in person. 

Con: Voter Fraud and Voter Suppression 

Doing everything by mail can make it easier for voters to vote by several names, and it is time-consuming for officials to check each name and ensure that it belongs to a living, registered state resident. Voter suppression is often enabled as collectors enter homes and pressure people to vote for a particular party. Officials at the polls often run into problems with verifying signatures as well, whether due to fraud or simply aging or injury that changes the signature. In such cases, they must send a notification to the voter and allow them 14 days to send a matching signature, which only further delays the counting of votes. 

Coastal Network

Coastal Network is an online forum dedicated to providing transparency in our Delaware court system and the world beyond by providing a sincere voice against corruption in all its forms.  To find out more about United States Corruption, visit us at www.coastalnetwork.com.   

The United States and Its Current Rating With the CPI

Where there is power, there is often corruption. While many people have simply accepted the low standards for politicians and ethicality in business, there is still hope that transparency can bring about change. As U.S. citizens, we must demand a government and institution that values integrity and denounces corruption in all forms. 

Corruption and the United States

It can be difficult to pinpoint exactly how corruption develops and what allows it to grow. Most countries have at least some history with corruption, and the United States is not an exception. While it can be tempting to avoid responsibility by responding to corruption with “but look how far we’ve come,” as United States citizens, it’s our duty to advocate for higher standards. To help us in doing so, organizations such as Transparency International utilize the Corruption Perceptions Index (CPI) to rank countries based on corruption. 

Determining a Country’s Corruption Status

Transparency International’s CPI measurement follows criteria to develop rankings:

1. Defining Corruption. First, they make it clear that their definition of corruption is “the abuse of entrusted power for private gain.” Check out the link to read their detailed analysis of corruption, how it can happen, what it looks like, and why it matters.
2. Criteria. The criteria that they use comes from 13 different data sources, which measure things like bribery, diversion of public funds, status of the persecution of corruption cases, access to information, protection for whistle-blowers and more using the sources’ unique questions and scoring.
3. Data Sources. The public has complete access to each source, how the source was compiled, and what kind of data was collected. Countries must be included in at least 3 of the 13 data sources in order to be individually assessed.
4. Conversion. The data is then standardized using a scale from 1 to 100 (1 being completely corrupt, and 100 being anti-corrupt), which translates data from all over the world into comparable information. Each country included then gets their score from each data source, and the scores are averaged, creating each country’s final score and ranking.

Where the U.S. Stands

Though Transparency International has been collecting data and ranking countries since 1995, some modifications in the process mean that the data collected between 1995 – 2011 cannot be compared against data collected between 2012-present. Still, there are eight years worth of valuable data to look at. So, where does the U.S. stand? In general, the U.S. score has drifted between 60 and 80. In 2015, the U.S. received its highest score ever, a 76—but this score has slid downwards since. The score given for 2019 was the lowest score in U.S. history, a 69. 

How the CPI Encourages Transparency

Transparency International does more than just collect data and create colorful charts. Their website outlines the action steps they take (and encourage others to take) in order to fight for an anti-corrupt world. Additionally, this ranking holds countries accountable for their actions by showcasing corruption to the public. 

1. Research

Founded on the transparent, focused, and unbiased approach of data-collecting, Transparency International uses the CPI as a tool to get countries interested in improving their score. The research gathered leads to investigations on repeated issues found in countries and regions across the globe

2. Advocacy

Transparency International focuses less on tearing down the big, corrupt figures, and instead turns the attention back towards the victims of corruption. Creating networks and chapters in countries all over the world, teams work together to identify governmental and legislative issues, collect evidence, and partner with local leadership to choose the appropriate form of publicly addressing the issues. 

3. Projects

Using their organization as a platform, Transparency International has launched several programs to end corruption. Check out the link provided to search for projects by country or topics like Business Integrity, Judiciary or Law Enforcement, or Political Integrity.

Continuing to Become Less Corrupt

Though the ranking for the U.S. has dipped in the last few years, with a score of 69, it still remains in the top 25 least corrupt nations in the world. In order to keep this status, the American people should prioritize holding politicians, local and federal governments accountable.  Organizations such as Transparency International make it easy to see how countries are doing—so now it lies in our hands to elect officials with integrity and without a shady history. Other organizations, including Citizens for a Pro-Business Delaware, work at the local level to advocate for transparency in the court system. As members of a democracy, we the people should continue to band together and fight for a just system. 

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com 

What is the Electoral College? How does the Electoral College Work?

Opinions vary when it comes to the Electoral College’s role in selecting the President of the United States, and for good reason. America’s founders may have had good intentions when they included this step in the election process, but is it still relevant today?  Limits on federal power, such as the Bill of Rights, are intended to protect against government overreach. This is the logic behind supporters of the Electoral College—they believe it keeps one highly populated section of the country from controlling the presidency. Those opposed believe it’s an outdated process. 

The Electoral College System and U.S. Constitution 

The Electoral College is defined by the National Archives as a process rather than a place: “The Founding Fathers established it when creating the Constitution, in part, as a compromise between the election of the President by a vote in Congress and deciding the issue via a popular vote of qualified citizens.”   According to History, the shapers of the constitution thought that rural voters lacked the knowledge of the candidates necessary to make a wise selection and feared a “headstrong democratic mob” leading the country astray. The concept of the Electoral College limited potential government overreach that could happen by allowing Congress alone to select a president, while allowing for representation of American citizens.  The concept of the Electoral College controlled the potential government overreach that might be implied by allowing Congress alone to select the president, yet allowed for representation of the entire American population through the popular vote, without allowing the popular vote’s totals to be the sole deciding factor. Instead, each state has an electoral vote.

The 12th Amendment and Where We Stand Today in the Electoral College Process

The 1800 presidential election pointed out problems with the American electoral college system and use of electoral delegates. Since the constitution did not distinguish between President and Vice President in votes cast by electors in the American Electoral College, Thomas Jefferson and his running mate Aaron Burr received the same number of electoral votes. Ultimately, this led to the passage of the 12th amendment in 1804, which specified separate votes for President and Vice President. Since then, states have varied in the process of selecting electoral delegates. Today, electoral delegates are chosen through an election process, which is also called the electoral college election. The Electoral College process essentially grants states equal representation in the election. Each party on the ballot in each state selects the number of electors, or electoral delegates, equal to the number of delegates the state has in Congress, and these electors are expected to vote for their designated candidate when the Electoral College meets following the presidential election. On January 6, when the votes are opened in a joint session of Congress, a candidate must receive 270 of the 573 available votes to become President, or Vice President, respectively. The Electoral College outcome overrules that of the popular vote when the two differ.

The American Electoral College: A System of Checks and Balances

Many people want the American Electoral College system to remain a part of the presidential election process, citing the fact that it gives less populated states fair representation. Since each state has a fairly close number of electoral votes, highly populous states don’t possess a disproportionate amount of power. Additionally, proponents believe having an Electoral College system limits US voter corruption.  Those in support of the system believe that it offers necessary checks and balances. In addition to offering fair representation to rural states, the Electoral College system, they say, is fundamental to our Federalist setup, preserves the two party political system and legitimizes the popular vote, possibly preventing problems due to US voter fraud. 

Why People Oppose the American Electoral College System Today

Those advocating the repeal of the American Electoral College system requirement cite the fact that it is no longer necessary. They remind critics that the Constitution has been changed before when procedures were proven obsolete. Mass communication, they say, has eliminated the need for electors to represent the public. Those opposed to the American Electoral College system believe that the Electoral College ignores the will of the majority of voters when its outcome differs from the popular vote, thus overruling it.  Americans have been debating the pros and cons of the Electoral College for years. Many experts believe it maintains a system of checks and balances, while others see it as ignoring the will of too many voters.

Coastal Network

Coastal Network aims to provide an outlook of transparency regarding the modern political and judicial processes. Search our site for information you can count on to make clear, informed decisions concerning current events. If you have any thoughts on the American Electoral College system and its role today, please post below in our comment section.  If you’ve been following the winding trail of the TransPerfect case, you’re probably wondering: where does this path lead us? Certainly no one could’ve expected the case, originally a custody-battle, to turn into a fight for survival for the incredibly successful company. 

A Delaware Chancery Court-Approved Shake-Down

While there seems to be a light at the end of the tunnel with recent TransPerfect victories, there is much more work that must be done in order to have true justice in Delaware again. How could Robert Pincus get away with such shady billing practices right under the nose of the Delaware Chancery? The events leading up to the current TransPerfect case reveal a history of choosing money over truth, and the “Old Boys Club” that paved the road. 

The Beginning of Corruption 

Robert Pincus, of Skadden Arps, was appointed custodian of the TransPerfect case in 2015 when the global translation company faced a battle for ownership between the two co-CEOs. Since then, the case has escalated into an expensive and time-consuming controversy that showcases the Delaware Chancery Court’s corruption. In August of 2018, TransPerfect filed a lawsuit against Custodian Pincus in Nevada for the exorbitant amount of money he had billed the company.

Massive and Unexplained Billing

As soon as Pincus was appointed custodian over TransPerfect, the custodian sent massive and unexplained bills to the company. When CEO Phil Shawe noticed the bills and began questioning Pincus, he was brushed aside. Though Pincus seemed to think the amounts he was charging were reasonable, the breakdown of the numbers prove otherwise. 

Billing Amounts

In his role as custodian, Pincus charged a $1,425 an hour personal fee—yet did not provide receipts or a breakdown of the charges. At times, he charged TransPerfect between $60,000 and $140,000 per month, totaling at least $14 million today in undisclosed fees. Even after Pincus’ retirement in 2018, the unexplained bills kept coming. After the company raised red flags, Chancellor Andre Bouchard finally ordered Skadden Arps and Pincus to provide receipts and disclosure, yet the law firm continued to provide redacted and vague information. 

Today: Correcting the Wrongs of the Court

Things seem to be looking up for TransPerfect. As knowledge spread of the mishandling of the case, many groups called for transparency in the Delaware courts. Chancellor Bouchard has ordered Pincus and Skadden Arps to provide unredacted receipts to the company, which is the first victory in the TransPerfect saga. 

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com The Delaware Court of Chancery is known as one of the oldest and most prestigious courts in all the United States. On the surface, their reputation seems impeccable. Which begs the question, “Who watches the watchmen?” Who ultimately provides the Delaware Chancery with oversight?

Establishing Oversight of the Delaware Chancery Court

While Delaware’s governor appoints judges to the Delaware Court of Chancery, and the senate confirms them, the Delaware Chancery works with a high level of autonomy in their day-to-day business. The senate and governor would only intervene in the case of serious criminality.  Fortunately for the state, Citizens for a Pro-business Delaware, in conjunction with the Better Business Bureau, have taken it upon themselves to carry the torch of accountability on behalf of the people of Delaware. More than 1/3 of Delaware’s economy is contingent upon the businesses that the Delaware Chancery serves. Among Delaware Pro-business’ many platform points are three key point of oversight:

• Creating an office of Inspector General to oversee the Chancery
• Implementing a “wheel spin” method of case selection to prevent justices from pursuing their own self-interests
• A formal disclosure process for all conflicts of interest, especially those stemming from previous business partnerships

Delaware Pro-business has made it a mission to enforce accountability, which has become a necessity given the events of the TransPerfect case. 

Conflicts Of Interest in the Chancery Court of Delaware

At the heart of Delaware Pro-business’s push for oversight is the behavior of the Delaware Chancery’s chancellor, Andre Bouchard and his former associate at Skadden Arps, Robert Pincus. The two men had previously worked together at the prestigious law firm, so when Bouchard appointed his former colleague as the court-ordered custodian of the forced sale of TransPerfect, Citizens for a Pro-business Delaware responded with a fair amount of justifiable skepticism. 

Requiring Law Firms and Custodians to Provide Financial Receipts when Billing

It wasn’t just the blatant nepotism involved in the appointment; it was the fact that Robert Pincus engaged in deceptive billing practices while serving as custodian. Pincus billed TransPerfect almost $1,500 an hour for nondescript services. When taken to task regarding the inappropriate charges, Pincus’ associate, Bouchard, had no choice but to back pedal and side against Skadden Arps. The resulting decision was not only a legal fiasco, it also weakened the reputation and prestige of the Delaware Court of Chancery. 

Ensure Chancery Court Chancellors Cannot Select Cases Based on Self-Interest

As a result, Citizens for a Pro-business Delaware has called for more oversight on the Delaware Chancery, including pushing for formal legislation forcing the Chancery to abstain from choosing cases that result in a conflict of interest, or worse yet, outright promote their own self-interests.  There’s a hard road ahead, and Delaware Pro-business is just getting started, but through their efforts, and the involvement of Delaware’s citizens, the Delaware Chancery will get the formal oversight it so desperately needs. 

COASTAL NETWORK

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com 

Philip Shawe, Elizabeth Elting, and the Ongoing Fight Over TransPerfect

TransPerfect, a global translation company, started out as the combined dream of two college sweethearts: Phillip Shawe and Elizabeth Elting. Ever since a feud landed the company in the Delaware Chancery Court in 2014, Chancellor Andre Bouchard and custodian Robert Pincus have meddled in the company’s affairs. Here are some facts and key takeaways from the case.

Heading to the Delaware Chancery Court for Litigation

Phillip Shawe and Elizabeth Elting founded TransPerfect and both served as co-CEOs and the two members of the board of directors. The company had 100 shares of common stock; Etling owned fifty, Shawe owned forty-nine and Shawe’s mother owned one. The former lovers broke off their engagement in 1997, five years after founding TransPerfect, and have endured a tense business partnership since. In 2014, the Delaware Court of Chancery became involved in the company’s affairs after Elting petitioned the court to appoint a custodian to sell the company. 

Chancellor Andre Bouchard Chooses Skadden Arps

Following the decision to appoint a custodian, Chancellor Andre Bouchard chose Skadden Arps to handle the appointment. There have been no statements defending or justifying this choice from Andre Bouchard, leaving room for skepticism on his intentions. 

Selection of Robert Pincus as Custodian

Chancellor Andre Bouchard approves former colleague and friend Robert Pincus as custodian to preside over the case. There has yet to be a statement from the Chancellor or Delaware officials about the lack of disclosure involving their relationship.

Custodian Robert Pincus and the Selling of TransPerfect

In an unprecedented example of overreach, misconduct, and conflict of interest, custodian Robert Pincus moved that the company should be sold privately at auction, rather than given directly to either co-CEO. This led to an uproar from the group Citizens for a Pro-Business Delaware and appeals from the case are continuing to this day. Dozens of senior staff at TransPerfect resigned both out of protest and pressure from Pincus. 

Delaware Chancery Court Billing Scandal

That’s when the bills started piling in. In June 2017, amidst the finalization of the sale of TransPerfect, Shawe began appealing to the court for Skadden Arps to release proper billing records and statements. After giving citations of increasingly exorbitant amounts, Pincus rushed to finish the auction. Recently, Chancellor Bouchard has finally ordered Skadden Arps to release the statements to TransPerfect. 

Global Translation Company TransPerfect: Today

Refusing to be beaten, Shawe managed to buy his company back at auction, leaving Elting enraged and seeking to overturn the sale, an effort that failed when Bouchard (and the Supreme Court) approved the purchase in 2018. Still, Shawe sought justice for the corruption he faced in Delaware, moving to Nevada to seek a non-biased court. In October 2019, TransPerfect was found in contempt by the Delaware Court, and was fined $30,000 per day until the Nevada litigation was dropped. As of today, it is still unclear whether the corrupt handling of this case will ever be resolved, though the lawsuits are still ongoing. COASTAL NETWORK The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com OPINION Dear friends, For years now, I have been writing about the TransPerfect case and the unusual situation created by Chancellor Andre Bouchard in his adjudication of this unbelievable legal debacle. The real rub is the amazing and incessant billing operation conducted by the appointed custodian, Robert Pincus from the notorious law firm of Skadden Arps. Millions of dollars without itemization or explanation were billed and paid to Skadden Arps from TransPerfect’s coffers. The money flowing out of TransPerfect’s designated account into the pockets of Skadden Arps and Bob Pincus is definitely incessant, certainly suspicious, and indeed outrageous. All this being said, I have always thought there was collusion between Chancellor Bouchard and Bob Pincus. At one time Pincus and Bouchard were business associates. It seemed to me a clear conflict of interest and the appearance of impropriety the way this all came together, the dictatorial management of the company by Bouchard’s court and Pincus as custodian with the “Carte blanche” support from Chancellor Bouchard for Pincus’ operation. Laughably, Pincus was the Diversity Chair for the Delaware Office with no Black partners in history. The audacity, in my view, of Robert Pincus’ blatant overbilling for his questionable services has deserved investigation and notation of who he seems to be. The staff of the Coastal Network has researched Robert Pincus and developed some opinions about him. Please check out these 10 Things to know about Robert Pincus, former Custodian of TransPerfect, who made millions from the appointment. The issue here is as follows: The Delaware Court of Chancery is supposed to be about fairness and equity, not about enriching the Chancellor’s personal friends at the expense of the litigants. As always, your feedback is welcome and appreciated. Respectfully submitted, JUDSON Bennett-Coastal Network Scroll down for the story: coastalnetwork.com/10-things-to-know-about-custodian-robert-pincus/ 10 Things to Know About Custodian Robert Pincus in Our Opinion : August 5, 2020 By Coastal Network Staff Who is Robert Pincus? A man with a long-yet-lacking career in law, Robert Pincus is at the center of the latest scandal in a string of Delaware corruption. For citizens and valuable voters, our team has compiled important information you need to know, including the connections between Pincus and the powerful political figures of our dear Delaware. 1. School and Education After graduating from Harriton High School in the Greater Philadelphia Area, Robert Pincus began a long journey of education. Pincus received his B.B.A. from the College of William and Mary in 1977 and went on to pursue a Juris Doctor Degree at the American University Washington College of Law. He finished his education by earning a L.L.M in Securities and Financial Regulation at Georgetown University Law Center in 1983. 2. Law Career While attending Georgetown University, Pincus started his professional career with the U.S. Securities and Exchange Commission reviewing corporate disclosure documents. In 1983, he landed a position as corporate associate at Skadden, Arps, Slate Meagher & Flom. After retiring, Pincus moved on to work as a freelance mediator for corporations, and accepted a position as an adjunct professor at the American University Washington College of Law. 3. Role at Skadden Arps During his time practicing corporate law for Skadden Arps in Wilmington, Delaware, Pincus focused on corporate transactions, mergers and acquisitions, private equity investments, dispositions and spin-offs, and corporate governance matters. 4. Retirement from Skadden Arps Pincus retired as a partner of Skadden in 2018 with a total of 35 years of service. It’s unclear exactly why Pincus retired, whether it was his personal choice or possibly due to internal pressure from Skadden. 5. Frivolous Spending Habits Amidst the glaring current issues, Pincus recently purchased a nearly $3 million condo, a clear reflection of his attitude during his time at Skadden Arps. The frivolous spending will come up again later during his time at TransPerfect, where many employees were intimidated and pressured into inappropriate financial decisions. 6. Custodian in TransPerfect case After a dispute between the two owners of TransPerfect, Robert Pincus was given the role of “Custodian”. In other words, he was given custody/control over their company, and has since billed them over $14 million dollars in unspecified, non-regulated fees. Breaking their trust, Pincus chose to force the sale of the business, against both of the owner’s wishes. 7. Friendship with Andre Bouchard Robert Pincus’ relationship with Chancellor Andre Bouchard can’t be ignored while investigating this unfortunate neglect of transparency. The Chancellor appointed his former business associate and has yet to apologize for the faulty casework or admit to his personal involvement. 8. Current Role as Adjunct Associate Professor Robert Pincus began teaching at the Washington College of Law in August 2019. His current course load includes LAW-795DE, a course designed for students to learn the practical skills necessary to be a corporate transactional lawyer. 9. Skadden Approved Billing in TransPerfect case According to the most recent calculations, made incredibly difficult for TransPerfect due to redaction and inability to access the necessary information, Pincus charged TransPerfect $1,425 an hour without bills or receipts, adding up to more than $14 million. 10. TransPerfect Global Inc v. Pincus An ongoing lawsuit between the global company and its former Custodian was taken outside of Delaware, due to the corruption allegations, in order to address the grievous and unlawful decisions (including violation of multiple court orders) that are being protected by some of the most wealthy people and law firms today. Coastal Network The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com

Who is Robert Pincus?

A man with a long-yet-lacking career in law, Robert Pincus is at the center of the latest scandal in a string of Delaware corruption. For citizens and valuable voters, our team has compiled important information you need to know, including the connections between Pincus and the powerful political figures of our dear Delaware.

1. School and Education

After graduating from Harriton High School in the Greater Philadelphia Area, Robert Pincus began a long journey of education. Pincus received his B.B.A. from the College of William and Mary in 1977 and went on to pursue a Juris Doctor Degree at the American University Washington College of Law. He finished his education by earning a L.L.M in Securities and Financial Regulation at Georgetown University Law Center in 1983.

2. Law Career

While attending Georgetown University, Pincus started his professional career with the U.S. Securities and Exchange Commission reviewing corporate disclosure documents. In 1983, he landed a position as corporate associate at Skadden, Arps, Slate Meagher & Flom. After retiring, Pincus moved on to work as a freelance mediator for corporations, and accepted a position as an adjunct professor at the American University Washington College of Law.

3. Role at Skadden Arps

During his time practicing corporate law for Skadden Arps in Wilmington, Delaware, Pincus focused on corporate transactions, mergers and acquisitions, private equity investments, dispositions and spin-offs, and corporate governance matters.

4. Retirement from Skadden Arps

Pincus retired as a partner of Skadden in 2018 with a total of 35 years of service. It’s unclear exactly why Pincus retired, whether it was his personal choice or possibly due to internal pressure from Skadden.

5. Frivolous Spending Habits

Amidst the glaring current issues, Pincus recently purchased a nearly $3 million condo, a clear reflection of his attitude during his time at Skadden Arps. The frivolous spending will come up again later during his time at TransPerfect, where many employees were intimidated and pressured into inappropriate financial decisions.

6. Custodian in TransPerfect case

After a dispute between the two owners of TransPerfect, Robert Pincus was given the role of “Custodian”. In other words, he was given custody/control over their company, and has since billed them over $14 million dollars in unspecified, non-regulated fees. Breaking their trust, Pincus chose to force the sale of the business, against both of the owner’s wishes.

7. Friendship with Andre Bouchard

Robert Pincus’ relationship with Chancellor Andre Bouchard can’t be ignored while investigating this unfortunate neglect of transparency. The Chancellor appointed his former business associate and has yet to apologize for the faulty casework or admit to his personal involvement.

8. Current Role as Adjunct Associate Professor 

Robert Pincus began teaching at the Washington College of Law in August 2019. His current course load includes LAW-795DE, a course designed for students to learn the practical skills necessary to be a corporate transactional lawyer.

9. Skadden Approved Billing in TransPerfect case

According to the most recent calculations, made incredibly difficult for TransPerfect due to redaction and inability to access the necessary information, Pincus charged TransPerfect $1,425 an hour without bills or receipts, adding up to more than $14 million. 

10. TransPerfect Global Inc v. Pincus

An ongoing lawsuit between the global company and its former Custodian was taken outside of Delaware, due to the corruption allegations, in order to address the grievous and unlawful decisions (including violation of multiple court orders) that are being protected by some of the most wealthy people and law firms today.

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com  

A Brief History of the Delaware Chancery

The Delaware Chancery Court is one of the oldest legal institutions in the United States. Its history can be traced back to the Revolutionary war. The Delaware Court of Chancery bills itself as one of the most prestigious courts in the modern world, but even a court with such a long and distinguished history is not immune to corruption and nepotism.

What is the Delaware Court of Chancery?

A chancery court differs in concept from a criminal court, circuit court, or court of appeals. The Delaware Chancery deals in cases of equity. The equity issues that result in Delaware Chancery Court decisions rely solely on a judge’s jurisprudence in applying fairness and common sense rather than legality, rules, and strictures in order to resolve disputes. Chancery courts, like the system found in Delaware, deal with civil cases rather than criminal cases. Delaware Chancery Court decisions revolve around contract disputes and business law. Other types of cases that you might see in a chancery court include:

• Injunction applications
• Enforcement of wills and trusts
• Corporate watchdog cases
• Guardianship cases involving property OR minors
• Other business-based disputes

The Delaware Chancery Court mainly deals with business law due to the sheer number of businesses that are incorporated in Delaware.

History of the Chancery

The Delaware Chancery’s long and storied history stretches all the way back to 1792. Delaware’s Chancery Court is a product of historical English law coupled with concepts derived directly from the first Constitutional Convention. Among the most notable figures in the court’s 230-year history include:

• William Killen, the first chancellor whose distinguished legal experience was a major factor in the Chancery’s formation
• Nicholas Ridgely the second chancellor and father of Delaware equity
• Josiah Wolcott, subject of the “Dirty Deal” scandal of 1916
• Collins J. Seitz who oversaw the case that laid the groundwork for “Brown vs. The Board of Education”
• Andre Bouchard, the current Delaware chancellor who was responsible for the mishandling of the TransPerfect case

History of the Chancery’s Membership

The Delaware Chancery derives much of its power and prestige from its public image as one of the fairest, most experienced legal institutions in America, with profound expertise in business law. Just below the public facade, however, the Chancery has a deep history of being an “old boys club.” There has always been an air of nepotism and political manipulation when naming each successive chancellor, but scandal came to the forefront in 1916 when Josia Wolcott was named chancellor in what came to be known as the “Dirty Deal.” At the time, it was alleged that Wolcott was promoted to the position by a Republican governor despite Wolcott’s Democratic status in order to maneuver one of the governor’s allies into congress. The scandal passed quickly, but the court’s reputation has been stained with favoritism since.

Andre Bouchard: Current Delaware Chancellor

Andre Bouchard was named chancellor in 2014. One of his most controversial Delaware Chancery Court decisions involved TransPerfect, a case in which the chancellor eschewed the court’s historically business-friendly modus operandi, instead using his new platform to attack the company while making political contacts. Since his tenure began, Bouchard has done everything in his power to reinforce the public perception that the Delaware Chancery Court is merely an old boys club. 

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com  

Who is Chancellor Andre Bouchard?

Andre Bouchard is a public figure and career politician from the elite of Delaware. After working as an attorney for many years, Bouchard joined the Court of Chancery and has been at the heart of a few Delaware business scandals. He is now Chancellor Andre Bouchard of the Delaware Chancery Court.

1. Chancellor Bouchard’s School and Education 

Chancellor Andre Bouchard, raised primarily in Delaware, dedicated himself to education early on. Bouchard first attended Salesianum High School, an all boys private Catholic school located in Wilmington, Delaware. Following his upbringing at Salesianum Catholic School, graduating in 1979, Andre Bouchard attended Boston College for his Bachelor’s degree and later attended Harvard Law School with his juris doctorate.

• Salesianum Catholic High School, 1979
• B.A., Boston College, 1983
• J.D., Harvard Law School, 1986

2. Andre Bouchard’s Career Summary

With a history of privilege among the Delaware elite, Andre Bouchard has a lengthy list of cushy jobs from working as a corporate litigator at Skadden Arps to starting his own law firm Bouchard, Margules & Friedlander. Now, Andre Bouchard sits as the Chancellor Bouchard at the Delaware Court of Chancery.

• Corporate litigator, Delaware office of Skadden, Arps, Slate, Meagher & Flom (1986-1996)
• 28 years, private practice, Wilmington, Delaware
• Managing partner, Bouchard, Margules & Friedlander P.A. (founded by Bouchard in 1996)
• Chancellor of the Delaware Court of Chancery on May 5, 2014.

3. Chancellor Bouchard’s Additional involvements beyond the Court

With privilege comes connections, and Andre Bouchard has a network of very powerful friends. Because of this, Chancellor Bouchard has also had many opportunities to work in various government positions.

• Past chairman, Delaware Human Relations Commission
• Past vice chair, Delaware Health Information Network
• Vice chair, St. Francis Hospital Board of Trustees
• Member, Governor’s Council on Equal Employment Opportunity
• Member, Sentencing Accountability Commission
• Member, Criminal Justice Council

4. Notable Cases from Bouchard’s Chancery Role

There are multiple cases worth noting, both from Andre Bouchard’s time as an attorney and as the Chancellor for the Delaware Chancery, however, the following cases from the CBS Merger to custody battle over TransPerfect and Meso Scale Diagnostics, showcase a similar theme for Bouchard.

• CBS Merger: A highly controversial case concerning the federal government’s power over independent organizations
• TransPerfect: Though having various personal connections and investments in the outcome of this trial, Chancellor Bouchard chose not to disclose these relationships, and instead presided over the case
• Meso Scale Diagnostics: Meso Scale Diagnostics, a bio company, was never given the chance to request an unbiased judge

A theme runs through all of these cases: unprecedented intervening and oversight from government to business/organizations. For more information, visit Delaware State CourtConnect and Courtroom View Network (CVN).

5. Andre Bouchard’s Firm Represents State in a Federal Lawsuit

As previously noted, Bouchard founded and worked for Bouchard, Margules & Friedlander, a law firm that was once used (before Bouchard became Chancellor) to defend the Delaware Chancery Court in 2011. This case was important, as the Delaware Coalition for Open Government was attempting to prevent the courts’ ability to use confidential arbitration, which would significantly invade the rights of businesses and individuals. The Coalition prevailed, and Bouchard lost the case.

6. Chancery Case: Meso Scale Diagnostics V. Roche Diagnostics

In the midst of the Delaware Coalition for Open Government litigation, Meso Scale Diagnostics was in the middle of a Chancery Court suit against Roche Diagnostics, a case where Bouchard had more bias than Meso Scale knew, including the following:

• Bouchard was Roche’s counsel before he was confirmed as the new chancellor
• Roche won the case according to the Vice Chancellor’s ruling
• Meso claims there was a potential for bias

Andre Bouchard never admitted any relationship, yet information was covered up until recently. Meso Scale was not given the chance to request an unbiased judge and therefore claims it was an unfair trial.

7. A Voice for the People? Conflict of Interest in the Chancery Court

Though Chancellor Bouchard claims that he desires more than anything to protect the vulnerable, his case history would suggest otherwise. He consistently rules in favor of those in power, while leaving Delaware citizens without unbiased representation. The TransPerfect case, the Koch case and the Meso Scale Diagnostics case demonstrate the conflicts of interest that have been present in the Delaware Chancery Court for years since Bouchard has taken over.

8. Andre Bouchard and Skadden Arps

Before his career as Chancellor and running his own practice, Andre Bouchard worked as an attorney for Skadden, Arps, Slate, Meagher, & Flom LLP for 10 years. It is important to note Bouchard’s close relationship with the firm, as it has monopolized businesses in Delaware for decades. Bouchard not only worked as an attorney there, but also kept in close contact with many of his previous coworkers and employers, including Robert Pincus—who he brought on as the custodian in the TransPerfect case.

9. Andre Bouchard and Robert Pincus 

Both of these men are seemingly part of the Delaware “Old Boys Club” and worked for Skadden Arps at the same time; Bouchard as an attorney and Pincus primarily as an arbitrator. Yet, the close relationship didn’t seem to be a ‘conflict of interest’ in Chancellor Bouchard’s eyes when he brought Robert Pincus on to be the custodian for the TransPerfect case.

10. Chancellor Bouchard’s role in the TransPerfect case 

In the TransPerfect case, Andre Bouchard seemed to utilize his personal connections when making decisions. He appointed his friend and previous coworker, Robert Pincus, as custodian of the case. This led to mishandling of the case—for years, Bouchard did not require Pincus to hand over receipts for millions of dollars in bills directed at the company.

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.comDelaware has a long history of housing corporations from all over the world. The state’s incorporation process, coupled with some distinct business advantages, makes it a haven for corporate entities. Citizens for a Pro Business Delaware seeks to inform the public of both the benefits of incorporating a business in Delaware, and its potential for corruption.

The Nationwide Incorporation Process

Incorporating a business means making it into a legal entity almost as if the business were a person. Incorporating your business provides a number of important advantages and protections including:

• Protection from liability for debts
• Continuity after the owner dies
• Ability to raise capital through the sale of securities
• Ease of transfer
• Establishes conditions for a company to become public

While every state has a different incorporation process, there are a few universal steps nationwide. Those steps include:

1. Choosing a business name
2. Naming an agent to act on your company’s behalf
3. Preparing your state’s articles of incorporation
4. Establishing bylaws
5. Continued compliance with state incorporation laws

Incorporating a Business in Delaware

Under United States’ business laws, you’re allowed to incorporate in whatever state you would like with one caveat: you must register your company in any additional state you wish to do business in. Delaware is considered the most popular state to incorporate your business in. The process is slightly different, however. Here are the steps to incorporate a Delaware business:

1. Choose your business type
2. Name a registered agent (must be located in the state)
3. Fill out certificate of incorporation
4. Obtain certificate in good standing (some financial institutions only)
5. Pay annual franchise tax

Why Do Businesses Choose Delaware?

The process for incorporation in Delaware is arguably easier.  The question becomes, “Why incorporate a Delaware business?” There are a few distinct advantages to having your company be a Delaware business. The primary advantage rests with the state’s tax laws. Those laws often favor corporations. If your business is incorporated but not physically located in Delaware, you don’t have to pay state income tax. Additionally, Delaware businesses offer a greater level of privacy as they don’t require you to disclose as much information about your business, such as the board of directors. Business law is a thriving industry in Delaware, which receives much of its state income from the incorporation process.

Potential for Corruption: Delaware Chancery Court

Another reason that companies decide to incorporate in Delaware is because of the Delaware Chancery Court. What might be considered an incredible advantage to some is actually a gateway to corruption. Delaware’s Chancery goes back centuries. Established in 1792, the Chancery Court is considered by some to be the most prestigious business court system in America. It is reliant on its system of judges, rather than juries, to oversee Delaware’s economic concerns. Because the incorporation process in Delaware requires such little information on the part of the incorporating company, and because of the legal, privacy, and tax protections placed on Delaware businesses, the Delaware Chancery Court is subject to a higher degree of potential corruption regarding business decisions.

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.comIn 2019, Chancellor Andre Bouchard of the Delaware Chancery Court said he was “sympathetic to some of the concerns [TransPerfect] has raised,” subsequently ordering Custodian Robert Pincus and Skadden Arps to provide itemized billing details in support of the many non-itemized fees charged back to Phil Shawe and TransPerfect. At the time of the ruling, TransPerfect CEO Phil Shawe said the ruling was “a major win for transparency and openness in the Delaware courts.” However, amidst court closures due to Coronavirus, Skadden Arps decided to hide more of its documentation, believing it would go unnoticed or that the Delaware Chancery Court would yield to its traditional practices. Finally, in a motion that upset Chancellor Bouchard, Skadden Arps submitted what it thought was an appropriately redacted motion that hid most everything. On June 8, after TransPerfect requested Skadden Arps to clarify its redacted petition, Chancellor Andre Bouchard ordered for Skadden Arps to provide an unredacted record for TransPerfect. In what seems will finally provide just results, the Delaware Chancery Court told Skadden Arps in is not the sole arbitrator of what is secret and what is open. TransPerfect, Skadden Arps and the Delaware Chancery, including Chancellor Andre Bouchard, have continued to go head to head for a fair outcome in what has now become a five year legal battle. A legal battle that started when TransPerfect co-founders Phil Shawe and Liz Elting went to court for custody over the translation company, which is now the world’s largest. Original story in Medium.      There’s no question that combating COVID-19 is an extremely difficult task from all angles. The Virus is an invisible threat with no clear guidelines on how to be dealt with; but that does not mean we have to make a complicated situation more difficult. Based on the government’s response, testing demand, and projected timelines, we must put more focus on allowing the private sector to get involved, and most importantly the smaller local labs that can meet the local demand. It is becoming clear that US governments are incapable of efficiently administering testing at the scale needed, as well as maintaining a safe environment for all citizens, which is in large part due to reliance on outdated testing strategies and a non-integrated systems that do not address the needs of the country as a whole, or individual communities. There is a huge opportunity to fill this void with state-of-the-art testing products, strategies and equipment, combined with a local approach that understands the communities being engaged, to deliver tailored testing solutions to allow policy makers and employers to re-open with confidence. By taking the federal government out of the equation and leaving testing up to the private sector, we can perform a much more efficient job by removing politics and sticking to what really matters; science and business. America is founded on capitalism, so why not revert to what we do best? Adapt and overcome obstacles through innovation, not from the elected officials, but from industry professionals who have dedicated their careers to studying disease testing and control. As CEO of Todos Medical, I’ve been able to work with a team that is focused on the distribution of a comprehensive suite of solutions for the screening and diagnosis of COVID-19 and the development of blood tests for the early detection of cancer and Alzheimer’s disease. What I’ve learned is that there are a handful of companies with highly collaborative, like minded professionals who are working around the clock to transition from disciplines like cancer testing to find optimal solutions for COVID-19. What I’d like to see is more encouragement from the government to leave testing deployment to multidisciplinary collaborative companies who are working together to make big gains in scaling the testing process to match the demand we have here in the United States. Governments should stay focused on what they are best at: paying for solutions that work. Private industry should stay focused on developing innovative solutions that reduce costs and improve outcomes. There is no question that unlike the cost of most diseases, COVID-19’s costs must account for overall economic costs, so that the solutions developed can address the outcomes required to open the economy again. The private sector can do this if government provides the needed infrastructure funding needed to increase lab capacity, and cuts the red tape stopping common sense solutions from being implement. As pool testing becomes the testing method of choice over the summer for the needed asymptomatic (COVID+ & COVID-), we must integrate this into our strategy. We must now marry the information we have learned over the last 6-8 months about COVID-19 with concrete actionable plans that address the bottlenecks required to make people feel safe. There will be risks with every plan, however a plan that systematically reduces risks in a stepwise fashion and isolates those risks so the Virus can be contained is what must emerge. Together with our partners at Meridian Health and Moto Para, we are able to bring such plans to the marketplace expeditiously. Gerald Commissiong is CEO of Todos Medical. He is currently a director, President & CEO of Amarantus Bioscience Holdings, Inc. and is interim-CEO of Breakthrough Diagnostics, Inc., Todos’ joint venture with Amarantus. This story was originally published in Black Star NewsCorruption occurs when a person in a position of power attempts to give themselves an advantage by leveraging their position. A conflict of interest occurs when a person stands to personally benefit from their public role. Both corruption and conflicts of interest have a deep impact on public welfare. Corruption on the part of large corporations, politicians and other public officials constitutes a deep breach of the public’s trust. Here are the 10 largest cases of corruption in the United States.  

1. Boeing 737 Max and the FAA

Between 2018 and 2019 there was a string of horrific airplane crashes involving the Boeing 737 Max. The culprit was a maneuvering system which could potentially send the plane into a nosedive. The FAA was scrutinized by Congress for poor oversight practices, including relying on Boeing company employees to carry out safety oversight tasks meant for the FAA.

2. The 2008 Financial Crisis

Market conditions leading up to the 2008 financial crisis set the stage for the most impactful recession since the Great Depression. Over-reliance on subprime lending, coupled with aggressive lobbying on the part of financial giants like Fannie Mae and Freddie Mac aimed at manipulating federal rules set off a chain reaction that many investors are still recovering from.  

3. Facebook and Cambridge Analytica

Facebook collects a virtual treasure trove of its users’ data. In 2018, Facebook sold that data to consulting firm Cambridge Analytica, who in turn sold it to Donald Trump’s political campaign in one of the largest United States corruption cases ever.  

4. Equifax Breach

When Equifax failed to update the security on a third party software, hackers stole 143 million social security, credit card numbers and other personal identifying data. To make matters worse, Equifax did not disclose the breach to consumers until more than two months later.

5. Volkswagen Emissions Scandal

Back in 2015, auto manufacturer Volkswagen landed itself in hot water. In order to make its line of diesel cars look more environmentally friendly, the automaker installed something called a “defeat device” that registered false readings when the engine was tested. The manufacturer became embroiled in a United States corruption case as a result.  

6. Brooklyn Justice Sylvia G. Ash

In 2018, Sylvia G. Ash was charged with federal obstruction of justice. Justice Ash, a board member of Municipal Credit Union, was accused of assisting the company’s CEO in covering up his own case of corruption by helping him falsify documents.  

7. State Farm and Dark Money

Beginning in 2001, State Farm Insurance company used its assets in an attempt to influence Illinois State elections. Had the case not been settled out of court, it might have been one of the biggest United States corruption cases in modern history.  

8. West Virginia’s Impeachment of Justices

In 2018, all five supreme court justices from West Virginia’s court of appeals were removed from office for a laundry list of corruption charges all stemming from lavish spending habits, paid for by the taxpayers’ dime.

9. The Clintons and Conflict of Interest

Hillary Clinton’s 2016 campaign put the Clinton foundation at odds with her potential presidency. Watchdog groups all over the beltway sounded the alarm over numerous conflicts of interest had she won the presidency.  

10. Former Virginia Governor Robert McDonnell

Although the Supreme Court eventually acquitted former Gov. Robert McDonnell of bribery and corruption charges, this particular case set a landmark precedent for cases of corruption in the United States. McDonnell was initially charged after taking over $175,000 dollars in gifts and services from a campaign donor.  

Bonus Scandal: Skadden Arps & The Delaware Chancery Court

It’s no surprise that when it comes to the Delaware Chancery Court corruption is apparent. Perhaps one of the most corrupt courts in our country, the Delaware Chancery Court’s Chancellor Andre Bouchard continues to run the court as an old boys club. Including his cozy relationship with Custodian Robert Pincus and Delaware law firm Skadden Arps, Chancellor Bouchard allowed for both Pincus and Skadden Arps to privately bill without receipt in the Transperfect case, causing a corrupt judicial overreach in Delaware.  

Coastal Network

The Coastal Network is an outlet committed to providing a voice against corruption and advocating for transparency in the Delaware court system, business world and beyond. For more on corruption in the United States, including the Delaware Court system, visit www.coastalnetwork.com