“White Collar Crime: How Whiteness Presides” ∴ Jennifer Taub, Esq. ∴ Author, “Big Dirty Money” ∴ January 23, 2021 ∴ 10 pm EST

“White Collar Crime: How Whiteness Presides”

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We all witnessed how whiteness protects white criminals at the nation’s Capitol Building and in DC. Law enforcement and the judiciary operate from principles that are formed from the public perspective of who should be arrested, charged, and prosecuted. For this reason, 100s of criminals were able to break the law and breach the building, and will not face the consequences. We all know what Black people would have faced under the same circumstances. Whiteness is a protection.

   – Janice

In a controversial 1975 article, titled “White Racism, Black Crime, and American Justice,” criminologist Robert Staples argued that discrimination pervades the justice system. He said the legal system was made by white men to protect white interests and keep Blacks down. (At the time this was received as “outlandish and untrue”). Staples charged that the system was characterized by second-rate legal help for Black defendants, biased jurors, and judges who discriminate in sentencing. No matter, study after study demonstrates how extreme racial disparities address for Blacks in the judicial system, no matter the income strata or available resources.

Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual offenders who differ in characteristics that are relevant to the purposes of charging and sentencing. Whiteness is honored, it is protected and it blinds much of the judicial process. We can no longer deny, racial disparities exist because the system protects whiteness for the most part. It is clear that in sentencing especially, “departure” from the guidelines is reserved for mostly whites, and rarely extended to Blacks. Fair sentencing is individualized sentencing and it is mostly decided by people who value whiteness, having a value system of what crimes are punishable with distinct stereotyping of criminals.

Our guest, Professor Jennifer Taub, in her book, “Big Dirty Money” suggests we first attempt to measure white-collar crime as a whole. Then we need to measure the harm to victims in terms that go beyond the economic costs. She points out that “The wealthy have the resources either to exert political influence or become lawmakers themselves”. But Taub explicitly and persuasively places the breakdown of enforcement and accountability in the context of money and class.

What happens when a group of wealthy bankers fraudulently bring foreclosures on an entire class of people, as they did after the crash of 2008? Unlike a loss of, say, $210, the loss of a person’s home affects their life and well-being in ways that cannot be assigned a dollar amount. Thousands of people have spent the years since the recession uprooted from their communities. Taub posits that “the elite class had the power to define what was criminal.”

What happens when the President of the United States pardons criminals who have violated security, foreign interference, sedition, and treason laws? Trump is a stark illustration of why so few wealthy malefactors are held accountable. Like other members of the .01 percent, he can act with seeming impunity, able to buy or influence his way out of trouble. He empathizes with rich people who run afoul of the law. He minimizes their guilt, suggesting white-collar crimes aren’t really crimes, especially when the accused are white men, as the vast majority of all rich white-collar criminals are. Yet Trump is a symptom, not the cause. What happens when white politicians create laws to intentionally suppress and violate voters? How can we measure the social and political costs of mass dispossession because the defendant and violator are protected by a cloud of whiteness?

We will talk with Professor Taub who clearly articulates in her book, the cause and effect of white-collar crime “blinded by the whiteness” that plagues the judicial system. Leaving white-crime bosses to their devices operated by their money and “white card”.   

ABOUT Jennifer Taub, Esq.

Her newest book is, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (Viking). Taub was a co-founder and organizer of the April 15, 2017 Tax March where more than 120,000 people gathered in cities nationwide to demand President Donald Trump release his tax returns. She is a professor of law at the Western New England University School of Law where she teaches Civil Procedure, White Collar Crime, and other business and commercial law courses, and was the Bruce W. Nichols Visiting Professor of Law at Harvard Law School during the fall 2019 semester. She formerly was a professor at Vermont Law School.

An authority on the 2008 mortgage meltdown and related financial crisis, Taub is also an emerging expert in white collar crime. In addition to Big Dirty Money, she is co-author with the late Kathleen Brickey of Corporate and White Collar Crime: Cases and Materials, 6th edition (Wolters Kluwer 2017). Relatedly, she has appeared on cable news programs including MSNBC’s Morning Joe and CNN Newsroom to discuss the Special Counsel investigation into links between Russia and the Trump presidential campaign.

In the area of banking and financial market regulation, Taub’s book Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business was published in May 2014 by Yale University Press. Recognized as accessible and informative, OPH was honored by the Massachusetts Center for the Book as one of the 2015 finalists in the nonfiction category. Other People’s Houses was favorably mentioned by Nobel Laureate, Robert Shiller in his 2015 edition of Irrational Exuberance. Taub testified as an expert before the United States Senate Banking Committee and a United States House Financial Services Subcommittee. She also co-organized a conference and co-lead a panel discussion at the Financial Stability Law Workshop at the U.S. Treasury Department, hosted by the Office of Financial Research.

In addition to Other People’s Houses, Taub has written extensively on the financial crisis. Her publications include “The Sophisticated Investor and the Global Financial Crisis” in the peer-reviewed Corporate Governance Failures (UPenn Press, 2011) and a case study on AIG in Robert A. G. Monks and Nell Minow’s fifth edition of Corporate Governance (Wiley, 2011). In response to Roberta Romano, she presented and wrote “Regulating in the Light: Harnessing Political Entrepreneurs’ Energy for Post-Crisis Sunlight Hearings” (St. Thomas L. Rev. 2015). Additional works include the chapter “Delay, Dilutions, and Delusions: Implementing the Dodd-Frank Act” in Restoring Shared Prosperity (2013) and “What We Don’t Talk About When We Talk About Banking,” in the Handbook on the Political Economy of the Financial Crisis (Oxford, 2012). She wrote entries on “Shadow Banking” and “Financial Deregulation” for the Oxford Encyclopedia of American Business, Labor and Economic History (Oxford, 2013) and the chapter “Great Expectations for the Office of Financial Research,” in Will it Work? How Will We Know? The Future of Financial Reform (2010). In addition, she has published Reforming the Banks for Good in Dissent (2014). Her article, “The Subprime Specter Returns: High Finance and the Growth of High-Risk Consumer Debt,” was published in the New Labor Forum (2015). And, she recently wrote a book chapter on “New Hopes and Hazards for Social Investment Crowdfunding” in Law and Policy for a New Economy (Edward Elgar, 2017).

Taub’s corporate governance work often focuses on the role of institutional investors, including mutual funds. Her article “Able but Not Willing: The Failure of Mutual Fund Advisers to Advocate for Shareholders’ Rights,” published in the Journal of Corporation Law (2009) was presented at a conference jointly sponsored by the Millstein Center for Corporate Governance and the Oxford Said Business School. Her article “Managers in the Middle: Seeing and Sanctioning Corporate Political Spending after Citizens United” was presented at the Brennan Center for Justice at NYU and later published in the NYU Journal of Legislation and Public Policy (2012). Taub’s article, “Is Hobby Lobby a Tool for Limiting Corporate Constitutional Rights,” was presented at Harvard Law School and later published in a symposium issue of Constitutional Commentary in 2015 on Money, Politics, Corporations, and the Constitution (2015).

Taub has also ventured into the area of legal education and pedagogy. This includes her article “Unpopular Contracts and Why They Matter: Burying Langdell and Enlivening Students,” published in the Washington Law Review (2013). She is a co-author with Martha McCluskey and Frank Pasquale of “Law and Economics: Contemporary Approaches,” published in Yale Law & Policy Review (2016). With McCluskey and Pasquale, Taub is a co-founder of APPEAL (the Association for the Promotion of Political Economy and the Law), a research network linking economists, legal scholars, and policy makers concerned with inequality and instability who view markets and the government as mutually constituted. She has also developed a model syllabus for a course on Financial Stability.

In 2017, Taub received the Vermont Law School, Women’s Law Association Phenomenal Woman Award in the faculty category. She also served as chair of the Section on Financial Institutions and Consumer Financial Services for the 2017 AALS annual meeting. Prior to joining academia, Taub was an associate general counsel with Fidelity Investments. She received her BA degree, cum laude, from Yale University, with distinction in the English major, and her JD, cum laude, from Harvard Law School where she was the Recent Developments Editor at the Harvard Women’s Law Journal. She was a visiting professor at the University of Illinois College of Law for a short course in 2015 and a visiting fellow at the Yale School of Management during the 2016 spring semester. She was a visiting professor at the University of Connecticut School of Law during the 2019 spring semester.

Taub has written pieces for a variety of platforms including The Washington Post, CNN opinion page, Slate, the New York Times Dealbook, Dame Magazine, The Baseline Scenario, Race to the Bottom, Pareto Commons, The Conglomerate, and Concurring Opinions.

“I’ll Be Listening for You”

Janice

Join us LIVE: http://bit.ly/OCGTruthTalk

Call & Listen Line: (347) 838-9852

“White Collar Crime: How Whiteness Presides” ∴ Jennifer Taub, Esq. ∴ Author, “Big Dirty Money” ∴ January 23, 2021 ∴ 10 pm EST

 

“White Collar Crime: How Whiteness Presides”

We all witnessed how whiteness protects white criminals at the nation’s Capitol Building and in DC. Law enforcement and the judiciary operate from principles that are formed from the public perspective of who should be arrested, charged, and prosecuted. For this reason, 100s of criminals were able to break the law and breach the building, and will not face the consequences. We all know what Black people would have faced under the same circumstances. Whiteness is a protection.   – Janice

In a controversial 1975 article, titled “White Racism, Black Crime, and American Justice,” criminologist Robert Staples argued that discrimination pervades the justice system. He said the legal system was made by white men to protect white interests and keep Blacks down. (At the time this was received as “outlandish and untrue”). Staples charged that the system was characterized by second-rate legal help for Black defendants, biased jurors, and judges who discriminate in sentencing. No matter, study after study demonstrates how extreme racial disparities address for Blacks in the judicial system, no matter the income strata or available resources.

Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual offenders who differ in characteristics that are relevant to the purposes of charging and sentencing. Whiteness is honored, it is protected and it blinds much of the judicial process. We can no longer deny, racial disparities exist because the system protects whiteness for the most part. It is clear that in sentencing especially, “departure” from the guidelines is reserved for mostly whites, and rarely extended to Blacks. Fair sentencing is individualized sentencing and it is mostly decided by people who value whiteness, having a value system of what crimes are punishable with distinct stereotyping of criminals.

Our guest, Professor Jennifer Taub, in her book, “Big Dirty Money” suggests we first attempt to measure white-collar crime as a whole. Then we need to measure the harm to victims in terms that go beyond the economic costs. She points out that “The wealthy have the resources either to exert political influence or become lawmakers themselves”. But Taub explicitly and persuasively places the breakdown of enforcement and accountability in the context of money and class.

What happens when a group of wealthy bankers fraudulently bring foreclosures on an entire class of people, as they did after the crash of 2008? Unlike a loss of, say, $210, the loss of a person’s home affects their life and well-being in ways that cannot be assigned a dollar amount. Thousands of people have spent the years since the recession uprooted from their communities. Taub posits that “the elite class had the power to define what was criminal.”

What happens when the President of the United States pardons criminals who have violated security, foreign interference, sedition, and treason laws? Trump is a stark illustration of why so few wealthy malefactors are held accountable. Like other members of the .01 percent, he can act with seeming impunity, able to buy or influence his way out of trouble. He empathizes with rich people who run afoul of the law. He minimizes their guilt, suggesting white-collar crimes aren’t really crimes, especially when the accused are white men, as the vast majority of all rich white-collar criminals are. Yet Trump is a symptom, not the cause. What happens when white politicians create laws to intentionally suppress and violate voters? How can we measure the social and political costs of mass dispossession because the defendant and violator are protected by a cloud of whiteness?

We will talk with Professor Taub who clearly articulates in her book, the cause and effect of white-collar crime “blinded by the whiteness” that plagues the judicial system. Leaving white-crime bosses to their devices operated by their money and “white card”.   

ABOUT Jennifer Taub, Esq.

Jennifer Taub is a legal scholar and advocate, devoted to making complex business law topics engaging inside and outside of the classroom. Her research and writing focuses on corporate governance, banking and financial market regulation, and white collar crime. Similarly, her advocacy centers on “follow the money” matters  –– promoting transparency and opposing corruption.

Her newest book is, Big Dirty Money: The Shocking Injustice and Unseen Cost of White Collar Crime (Viking). Taub was a co-founder and organizer of the April 15, 2017 Tax March where more than 120,000 people gathered in cities nationwide to demand President Donald Trump release his tax returns. She is a professor of law at the Western New England University School of Law where she teaches Civil Procedure, White Collar Crime, and other business and commercial law courses, and was the Bruce W. Nichols Visiting Professor of Law at Harvard Law School during the fall 2019 semester. She formerly was a professor at Vermont Law School.

An authority on the 2008 mortgage meltdown and related financial crisis, Taub is also an emerging expert in white collar crime. In addition to Big Dirty Money, she is co-author with the late Kathleen Brickey of Corporate and White Collar Crime: Cases and Materials, 6th edition (Wolters Kluwer 2017). Relatedly, she has appeared on cable news programs including MSNBC’s Morning Joe and CNN Newsroom to discuss the Special Counsel investigation into links between Russia and the Trump presidential campaign.

In the area of banking and financial market regulation, Taub’s book Other People’s Houses: How Decades of Bailouts, Captive Regulators, and Toxic Bankers Made Home Mortgages a Thrilling Business was published in May 2014 by Yale University Press. Recognized as accessible and informative, OPH was honored by the Massachusetts Center for the Book as one of the 2015 finalists in the nonfiction category. Other People’s Houses was favorably mentioned by Nobel Laureate, Robert Shiller in his 2015 edition of Irrational Exuberance. Taub testified as an expert before the United States Senate Banking Committee and a United States House Financial Services Subcommittee. She also co-organized a conference and co-lead a panel discussion at the Financial Stability Law Workshop at the U.S. Treasury Department, hosted by the Office of Financial Research.

In addition to Other People’s Houses, Taub has written extensively on the financial crisis. Her publications include “The Sophisticated Investor and the Global Financial Crisis” in the peer-reviewed Corporate Governance Failures (UPenn Press, 2011) and a case study on AIG in Robert A. G. Monks and Nell Minow’s fifth edition of Corporate Governance (Wiley, 2011). In response to Roberta Romano, she presented and wrote “Regulating in the Light: Harnessing Political Entrepreneurs’ Energy for Post-Crisis Sunlight Hearings” (St. Thomas L. Rev. 2015). Additional works include the chapter “Delay, Dilutions, and Delusions: Implementing the Dodd-Frank Act” in Restoring Shared Prosperity (2013) and “What We Don’t Talk About When We Talk About Banking,” in the Handbook on the Political Economy of the Financial Crisis (Oxford, 2012). She wrote entries on “Shadow Banking” and “Financial Deregulation” for the Oxford Encyclopedia of American Business, Labor and Economic History (Oxford, 2013) and the chapter “Great Expectations for the Office of Financial Research,” in Will it Work? How Will We Know? The Future of Financial Reform (2010). In addition, she has published Reforming the Banks for Good in Dissent (2014). Her article, “The Subprime Specter Returns: High Finance and the Growth of High-Risk Consumer Debt,” was published in the New Labor Forum (2015). And, she recently wrote a book chapter on “New Hopes and Hazards for Social Investment Crowdfunding” in Law and Policy for a New Economy (Edward Elgar, 2017).

Taub’s corporate governance work often focuses on the role of institutional investors, including mutual funds. Her article “Able but Not Willing: The Failure of Mutual Fund Advisers to Advocate for Shareholders’ Rights,” published in the Journal of Corporation Law (2009) was presented at a conference jointly sponsored by the Millstein Center for Corporate Governance and the Oxford Said Business School. Her article “Managers in the Middle: Seeing and Sanctioning Corporate Political Spending after Citizens United” was presented at the Brennan Center for Justice at NYU and later published in the NYU Journal of Legislation and Public Policy (2012). Taub’s article, “Is Hobby Lobby a Tool for Limiting Corporate Constitutional Rights,” was presented at Harvard Law School and later published in a symposium issue of Constitutional Commentary in 2015 on Money, Politics, Corporations, and the Constitution (2015).

Taub has also ventured into the area of legal education and pedagogy. This includes her article “Unpopular Contracts and Why They Matter: Burying Langdell and Enlivening Students,” published in the Washington Law Review (2013). She is a co-author with Martha McCluskey and Frank Pasquale of “Law and Economics: Contemporary Approaches,” published in Yale Law & Policy Review (2016). With McCluskey and Pasquale, Taub is a co-founder of APPEAL (the Association for the Promotion of Political Economy and the Law), a research network linking economists, legal scholars, and policy makers concerned with inequality and instability who view markets and the government as mutually constituted. She has also developed a model syllabus for a course on Financial Stability.

In 2017, Taub received the Vermont Law School, Women’s Law Association Phenomenal Woman Award in the faculty category. She also served as chair of the Section on Financial Institutions and Consumer Financial Services for the 2017 AALS annual meeting. Prior to joining academia, Taub was an associate general counsel with Fidelity Investments. She received her BA degree, cum laude, from Yale University, with distinction in the English major, and her JD, cum laude, from Harvard Law School where she was the Recent Developments Editor at the Harvard Women’s Law Journal. She was a visiting professor at the University of Illinois College of Law for a short course in 2015 and a visiting fellow at the Yale School of Management during the 2016 spring semester. She was a visiting professor at the University of Connecticut School of Law during the 2019 spring semester.

Taub has written pieces for a variety of platforms including The Washington Post, CNN opinion page, Slate, the New York Times Dealbook, Dame Magazine, The Baseline Scenario, Race to the Bottom, Pareto Commons, The Conglomerate, and Concurring Opinions.

“I’ll Be Listening for You”

Janice

Join us LIVE: http://bit.ly/OCGTruthTalk

Call & Listen Line: (347) 838-9852

California City Was Accused of Police Brutality Weeks Before Cop Beat Black Teen

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federal lawsuit alleging that the California city of Rancho Cordova “fostered a culture of violence” among local police was filed just weeks before videos showing a white Rancho Cordova police officer pummeling a Black teenager sparked national outrage on Monday. Local law enforcement officials are investigating the latest incident, which reportedly began when the officer stopped a 14-year-old boy for buying a cigar. The encounter escalated, and now-infamous videos circulating widely online show the officer pinning the boy to the ground and punching him several times.

For many, the videos are just the latest example of how people of color, particularly Black and Native people, must turn to social media to seek accountability for acts of racist police violence. Moreover, a lawsuit filed by two brothers arrested in March claims Rancho Cordova has “fostered a culture of violence” that allows its police officers to use excessive force against the public. Together the two cases raise important questions about race and police accountability in the diverse, working-class suburb of Sacramento — and around the country.

Last month, twin brothers Thomas and Carlos Williams filed separate lawsuits in a California federal court alleging that they were wrongfully arrested and violently beaten by three Rancho Cordova police officers on March 23. The two brothers were doing yard work outside Carlos Williams’s new home in Rancho Cordova when a white neighbor mistook them for burglars and called 911, according to the lawsuit filed on behalf of Thomas Williams. Without warning, the officers busted into the yard yelling expletives with their guns drawn.

The Williams brothers, who are Black, tried to tell the officers that they were residents, but the officers “did not care,” the lawsuit claims. Thomas Williams, an education professor who founded a school for children with disabilities, told local reporters that he was “kneed in the head and elbowed on the side of my face.” The officers later accused the brothers of resisting their orders, but the brothers say their hands were in the air. One officer held Thomas Williams in a chokehold for over a minute until he became unconscious, according to the complaint.

“I said, ‘Man he’s not going to make it.’ I saw the veins and the officer just squeezing him tight,” Carlos Williams told CBS Sacramento.

While Thomas Williams was collapsed on the ground in handcuffs, the officers searched the two brothers and found Carlos Williams’s driver’s license, which made it “plainly obvious to the arresting officers that Carlos was not burglarizing his own home,” the lawsuit claims. Still, the officers searched the home and property before arresting the two brothers and holding them in custody for 20 hours. Neither has been charged with a crime, and the lawsuit alleges the officers have since made numerous false statements to justify the excessive use of force.

Now, five weeks later, a controversy over police violence unfolding in Rancho Cordova has ignited social media across the country. On Monday, 14-year-old Elijah Tufono was stopped and aggressively detained by a Rancho Cordova police deputy identified as Officer Brian Fowell in local reports. On the evening news, Tufono said he had just bought a cigar off a stranger when a cop pulled up and asked him what was in his hand. Tufono said he handed the cigar over to the officer right away, but the officer continued to ask him questions. Frightened, Tufono tried to talk his way out of it and the situation escalated into a scuffle as Fowell tried to put him in handcuffs.

In the video, Fowell is seen wrestling Tufono on the ground and throwing punches into the boy’s abdomen. Tufono was arrested and cited before being released to his family. Videos of the arrest posted by friends and family quickly went viral, drawing condemnation from thousands of viewers as well as former Democratic presidential candidates Julian Castro and Kamala Harris.

While law enforcement officials in Rancho Cordova say they are investigating the use of force against Tufono, it remains unclear if the use of force against the Williams brothers is also being investigated. The Rancho Cordova Sheriff’s Department, which contracts with the city’s police department, did not respond to an email from Truthout. Unlike the arrest of Tufono, it appears that no clear video footage has emerged of the Williams brothers’ arrest, and the plaintiffs are not certain of the officers’ identities. A dashboard camera in one of the police cars was turned off shortly before the incident, and at least one officer repeatedly turned on and off a microphone attached to his body, according to the lawsuit.

Source: California City Was Accused of Police Brutality Weeks Before Cop Beat Black Teen

How the South Won the Civil War | The New Yorker

“. . . As Stevens pointed out, the reasoning that says that no states seceded because the Constitution won’t allow it would also say that no man can ever commit murder because the law forbids it. “Black Codes” were put in place in most Southern states that, through various means, some overt and some insidious (anti-vagrancy statutes were a particular favorite), limited the rights of blacks to work and to relocate. The legislative reconquest was backed by violence: the Ku Klux Klan, formed as a terrorist organization by ex-Confederate officers, began murdering and maiming assertive black citizens. In 1877, after a mere dozen years in which black suffrage and racial equality were at least grudgingly accepted national principles, the federal government pulled its last troops from the South and, in what could be called the Great Betrayal, an order of racial subjugation was restored. . .”

Source: How the South Won the Civil War | The New Yorker

Remembering Ancestor Mother Susie Jackson : A Pillar of Faith and History

Tomorrow at Mother Emmanuel Church, Charleston SC the life of Mother Susie Jackson, one of the 9 murdered in that cSusie Jacksonhurch will be celebrated. She particularly of all the victims have been in my thoughts.

Can you imagine what she has seen, how much she knew from 87 years of living Black in Amrerikka? We all know this woman. She arrived at this time, in Faith and believing that there is a Balm in Gilead. In the last moments of her life, I imagine her whispering, “Dear Jesus, oh my God”. A prayer she might have uttered many times in her life. I think about her, fearing for her nephew, Tywanza Sanders,26 sitting at that same table. He, in his youth and Faith, brave enough to plead for their lives to an unmoved monster.

I want to remember her as I imagine her preparing for Bible Study. Picking up around the house, having an early dinner and clearing and cleaning the dishes. Maybe even visiting that day with a friend. Ensuring that she studied “the word” of the week, marking a small tablet with her impressions and questions for the evening session. Making sure to put some mint candy in her purse and a handkerchief or tissue. I know she was not thinking too much about that “crazy girl trying to be Black”. I imagine she might have been singing or humming some old hymn, giving her lift to her step as she advanced to the time. Maybe “A closer walk” or ” faith of our fathers”. Getting a ride or even walking to the church, participating in a bit of chatter once seated. We all know who she was beyond the oldest of the victims. One of the Mothers of the church, having survived and found sanctuary in her Black life.
Tomorrow there will be no President with a eulogy for her. Her one spiritual leader and confidante is gone as well. So who will witness her life, her deepest victory over a moment’s fractured faltering Faith, her fear of Black night terror and the wonderment of her journey ? We will Mother Susie, we will. All respect for your life of prayer and purpose. We who understand and rejoice for you. You who sought in this time in your life, one thing – A Closer Walk with Thee. Your life’s journey and what you chose as your comfort lifted you in the church you loved and served. Rest well Mother Ancestor.

I imagine her smile, listening to something like this.