Monday, November 27, 2017

Sexual Misconduct: Washington's Dirty Secret

After months of lurid coverage of sexual misconduct in Hollywood, the news media is training its sights on allegations involving politicians.  With each new revelation, Washington's political class has harrumphed in outrage at the media's reports about scandalous behavior in the swamp.

A cynic would call the politicians' moral indignation hypocrisy. While many in Congress condemn those accused of sexual misbehavior, they secretly participate in a sham that shields Washington's lawmakers from accountability.

In the days since the The Washington Post's politically-charged recounting of sexual allegations against senate candidate Roy Moore, a troubling disclosure has oozed from the halls of Congress. There exists a hush-hush slush fund to settle sexual violations against Washington lawmakers.

When the story broke, legislators scrambled for cover.  Everyone in Washington developed amnesia.  Current House Speaker Paul Ryan could not remember any details of sexual harassment settlements.  Nancy Pelosi was dumbfounded, unfortunately a permanent condition for the former speaker.

Perhaps, their memories could use refreshing.  In 1995, the House and Senate near unanimously approved The Congressional Accountability Act. It passed 429-0 in the House and the Senate voted 98-1 with one member not present.  It was subsequently signed into law by President Bill Clinton.

The legislation was designed to exempt Congress from some laws. For instance, the House and Senate may consider party affiliation and political compatibility when hiring. Your elected representatives decided they weren't going to follow some rules forced on American businesses.

Under the legislation, there was a special Treasury fund established to pay for settlements against legislators, including those involving sexual misconduct. Guess who funds the kitty?  The legislators certainly weren't going to dip into their own pockets.  Taxpayers pick up the scummy tab.

A few weeks ago the once-obscure Congressional Office of Compliance (OCC) was embarrassed into issuing a report showing it has shelled out more than $17 million from the hush-slush fund since 1997.  According to the OCC, the payments covered an unspecified 264 settlements.

The OCC, governed by a five-member board of directors, is nothing more than an extension of Congress.  Its directors are appointed by the leadership of the House and Senate.  Current board members include five private attorneys with experience in labor law.

The board appoints a four-member executive staff served by 13 professionals on the government payroll.  There is one vacancy at this time if you are inclined to land a job in Washington covering up for lawmakers.

On its website, the OCC states its purpose is "advancing workplace rights, safety and health, and accessibility in the legislative branch." How does paying a settlement advance anything? A few in Congress are now chiding the office for inadequately protecting victims who filed complaints.

When something stinks in Washington, it usually means political skunks are hiding something. There should be a bipartisan clamor for the OCC to release all documents and relevant details about payments, including those for sexual misconduct.  The public has a right to know.

However, the OCC's charter provides all settlements must remain confidential.  That cloaks the nature of the violation in secrecy and conceals the name of the member of the House or Senate who violated the rules established under the Congressional Accountability Act.

California Democrat Rep. Jackie Speier introduced a bill last week that would overhaul sexual harassment policies on Capitol Hill.  According to the House member, the legislation would require more transparency and additional support for victims.  That would be a good start.

But more needs to be done.  Congress should adopt a new accountability act that mandates that every lawmaker must abide by federal laws involving hiring, sexual misconduct, discrimination and other rules.  The accused lawmaker not taxpayers should be forced to pay for any settlement.

In addition, the new law should require complete transparency, mandating that a report be issued annually listing those on the Congressional payroll who were found guilty of any transgression that resulted in a settlement.

Don't hold your breadth waiting for that to happen.  Rumors are rampant about female lawmakers revealing more allegations against sitting members of Congress.  Those same pious politicians wagging their fingers in disgust at current allegations may have the finger pointed in their direction.

The Congressional Accountability Law is a fraud.  Everyone in Congress knows it.  Now that it has been exposed as a hoax, voters should demand that it be replaced with legislation that restores the rule of law for all citizens, including those slimy parasites who swim in the swamp.

Monday, November 20, 2017

In Times of Tumult, Be Thankful For Friends

Americans may be watching the news and scratching their heads, wondering why they should be giving thanks this holiday.  A murderous rampage at a place of worship in Texas.  Sexual scandals in Hollywood and everywhere.  A rogue regime threatening to unleash a nuclear holocaust.

The headlines are frightening, disheartening, unnerving.  It makes you wonder: What kind of a world do we live in?  The answer is this planet is inhabited by flawed people.  Some with more serious demons than others.  In times of chaos like these, our outlook turns bleak and our souls are shaken. 

In the midst of tumult, there is no better antidote than a good friend.  Or, if you are blessed, a whole bunch of friends.  They can be a spouse, a sibling, a new or old neighbor, a co-worker or a former classmate.  Friends are out ultimate support system.  Our cure for depression.  Our candle of hope.

Friends comfort us when we need to be uplifted. They are there with an encouraging word, a kind jesture or a soft pat on the shoulder.  Friends are present even when we don't realize we need them.  That's why there is no greater treasure in life than a friend.

When we confront tough decisions, it is consoling to have a friend to consult.  They listen patiently even as we prattle on with a long-winded explanation of the choices we face.  Friends nod and remind us that we have make difficult judgements in the past. We'll rise above this trauma too.

When we are in a medical crisis, friends visit us in the hospital or after surgery.  They hug us and make us feel cared for.  Friends don't leave us to brave the unknown by ourselves.  They hold our hands, look into our sad eyes and lend a sympathetic ear to our complaints about pain and suffering.

Friends are there when we lose a loved one to death.  They stand by our side, prop us up emotionally and share our grief at the funeral.  They may be lost for words but they never leave us to handle the sorrow alone.  Even when we have exhausted every emotion, friends help us rediscover strength.

When we are in need, friends answer the call.  It could be the use of a car because our clunker is at the dealership.  Or a picking up a restaurant tab because we have forgotten our credit card at home.  Or taking our kids trick-or-treating because we are out of town on business.

In dire circumstance, friends soar to the occasion.  Our home is lost in a flood or a rampaging fire.  Friends open their homes and hearts to us.  They take us in and treat us as family.  They expect nothing in return for their generosity.  Friends desire only our continued friendship.

Friends accompany us on our faith journey.  They encourage us when even when we behave badly or fall short of expectations.  They never judge.  They never rebuke.  They never say "I told you so."  They are there to remind us that God loves us even in our weakness.  Our walk resumes in earnest.

Friends often know us better than anyone else.  They have seen us in the best of times and the worst. They understand our flaws, our imperfections and our peccadillos.  Despite that, friends love us for the person we are, not the version we are striving to become.  They prize the good we fail to see.

Friends keep our secrets, even the ones we fear most of being exposed.  We can share anything with friends knowing the information will be held in confidence. They are discrete even when others cajole them for details about what's bugging us.  Friends draw closer when we share inner thoughts.

Perhaps, what friends do best is keep us grounded.  When our egos are inflated or our pride engulfs us, friends know just what to say to bring us floating back to Earth.  It may be a joke, a subtle jab or just a gentle comment, but it restores our humility.  And we are grateful for their chiding. 

This Thanksgiving, take time to be grateful for your friends.  Remember new and old friends. Recall the forgotten ones.  Make a new friend. Friends are the better part of our lives.  We should cherish every friend.  Not just during this holiday but every day of the year.

Saturday, November 11, 2017

Tax Scam: Don't Be Fooled By Tax Cuts

Washington is buzzing about tax cuts as Congress prepares to tackle one of the president's top agenda items.  As expected, both political parties have engaged in a propaganda war with little attention paid to the American taxpayer's No. 1 villain: the indecipherable federal tax code. 

The tax code is a government document of more than 10 million words that details the rules individuals and businesses follow in computing their federal taxes.  Over the past 60 years, the instrument has grown nearly 144,500 words annually, according to the Tax Foundation.

This complexity creates migraine headaches for taxpayers.  Americans spend about 6.1 billion hours to comply with the onerous tax code.  Ninety percent of taxpayers hire a professional to prepare their taxes at a cost of $233.8 billion annually.  

No wonder a Pew Research poll in 2015 found that 72 percent of Americans are confounded by the incomprehensible code.  Even today, as Americans grapple with the new tax plan details unveiled by the House and Senate, it's impossible to discern the dollar impact on the average household.

Even if rates of tax are lowered, it may not translate into an individual household owing less money to Uncle Sam.  That's because the tax code contains guidelines for deductions and exemptions that lower the taxable income.  The rate applies to adjusted taxable income not the total income.     

Some deductions are well known.  For example, the write-offs for interest on home mortgages, charitable donations and medical expenses.  Others are not so well understood. Income may be taxed at different rates depending on the source.  Some income may be excluded from taxation.

In many ways, that renders the tax rate meaningless.  For instance, what if tax deductions for child care and educational expenses are abolished, but the tax rate is lowered by five percent.  Depending on the dollar amount of the lost deduction, it may mean a higher tax bill for some.

If you include businesses in this discussion, the code takes on even more importance.  The code includes a legion of business offsets and credits, referred to erroneously as loopholes.  Although the official business tax rate is 39.1 percent, most corporations pay only to 10 to 15 percent in taxes.

Individuals also game the tax code.  In theory, households earning over $200,000 are supposed to pay around 40 percent in taxes.  In practice, studies show that the effective rate is 23 percent because they are armed with tax planners and lawyers paid to legally reduce their tax bill.

That's why tax rates distort tax fairness.  To rectify this imbalance, Congress needs to quit fiddling at the margins on the tax issue.  If lawmakers and the president are serious about tax reform, the first step should be to scrap the arcane tax code.  Blow it to smithereens. 

In its place, Congress should adopt a simple flat tax for all Americans, regardless of income.  No individual deductions.  No business loopholes.  No special treatment for income based on the source.  Whatever money you make, no matter how it's earned, it is taxed at the same rate.  Period.

Some will scream "Unfair!"  They want a regressive tax system that punishes the rich.  The top 10 percent already pay two-thirds of the taxes collected from individuals.  Mount Everest taxpayers--those in the 0.1 percent echelon--make up 16 percent of all household taxes.

Pandering politicians, who don't give a wit about fairness, demonize those with personal fortunes and foster class envy. That's why brainwashed Americans believe the wealthy do not pay their fair share. The bottom 50 percent of taxpayers contribute 2.8 percent of federal tax revenue. Talk about unfair.

If the object of the tax code is to inflict pain on the wealthiest Americans, then perhaps it would be better to just toss the filthy rich in jail and confiscate all their wealth. (Insert tongue in cheek here.) Under a flat tax or virtually any other system, the wealthy will always pay the largest share of taxes.

Once Congress passes a flat tax, then it must address payroll taxes.  For many Americans, payroll taxes ( Medicare, Social Security, etc.) take a larger bite out of their paychecks than federal income taxes.  All but the top 20 percent of Americans are in this tax pickle.

That would crack open Pandora's box because Congress would have to wrestle with fixing Medicare and Social Security.  Too many seniors would howl.  For similar reasons, Congress avoids dealing with the tax code.  Accounts, lawyers and tax preparation firms would throw a tantrum. 

Real tax reform requires political courage and a honest debate instead of political grandstanding.  For that reason, it won't happen.  Not in Washington.  Not this year.  Not ever.  Swamp creatures prefer tax favoritism over fairness because that's what the lobbyists and special interests want.

And these same deep-pocketed lobbyists and special interest groups pay for the re-election campaigns of those who inhabit the swamp. They are the masters most lawmakers serve, not average American taxpayers.    

Monday, November 6, 2017

Robocalls: The Scourge That Won't Go Away

Every month an estimated 2.4 billion automated calls encroach wireless and land line phones of Americans. These unwanted summons often feature a recorded message promoting an assortment of fraudulent schemes and consumer scams.  A few legitimate calls offer products and services.

But every single call has one thing in common.  They are annoying millions of Americans.  These so-called robocalls are annually the top consumer complaint filed with the Federal Communications Commission (FCC), which oversees the nation's telecommunications firms and services.

For the uninitiated, robocalls take advantage of technology that allows these calls to be autodialed and loaded with a prerecorded message. Some robo outfits also use text messages to wireless numbers. Others dispatch faxes to home and business machines.

FCC rules limit the type of robocalls, although some are permissible if the business receives prior consent from consumers.  In addition, the agency allows schools, colleges and similar institutions to use robocalls to communicate information about closings and emergencies.  

Frustrated consumers often place their cell or land line number on the National Do No Call Registry maintained by the FCC.  However, the scammers ignore the list and randomly dial numbers. If you respond to the call and request not to be called, your number is transferred to another telemarketer.

Robocalls are more than just a nuisance.  The Consumers Union estimates that crooks use robocalls to rip-off consumers to the tune of an estimated $350 million annually.  Despite government and telecom industry efforts, the problem has not abated since the scourge began.

The robocall con artists have used virtually every subterfuge to separate consumers from their money. One of the stalwarts has been the bogus recorded call from the IRS threatening legal action if the consumer does not pay a fine immediately by providing a credit card number.

Another favorite ploy is to fool consumers into thinking their credit card company is calling. Unsuspecting consumers provide security and other credit data to allegedly prevent someone from illegally using their card. Instead the consumer's account is compromised by the robocall crook.

Robocall swindlers have managed to stay a step ahead of wary consumers.  The latest trick is to employ something known as "spoofing." The rogues falsify caller identifications to appear legitimate in order to circumvent the do not call list and fool anti-robocall tools used by consumers.

More recently, these criminals are using local area codes and the first-three digits of the consumer's land line or wireless phone number to masquerade as a neighborhood call.  The bandits often steal unassigned numbers from the nation's telecom operators.

The FCC and the big telecommunications firms, led by AT&T, are working feverishly on solutions. So far the outlaws have managed to stay one step ahead. The best weapon in the government arsenal may be levying massive fines against robocall violators.

Under new chairman Ajit Pai, the FCC has launched a campaign to hold the robocall industry accountable.  Fines are being approved under the Truth in Caller ID Act, bi-partisan legislation signed into law in 2010, which makes it a illegal to pervert caller ID numbers to scam consumers.

In the latest suit, a Wilmington man is facing an $82 million fine for allegedly making more than 21 million illegal robocalls through a health insurance telemarketing company.  The FCC contended the owner use bogus caller ID information to target consumers, including the elderly and infirm.

The commission recently levied the largest fine ever for $122 million against a Florida man who was accused of making nearly 100 million robocalls in a three-month period.  The fines are a warning shot to the bad guys.  But more needs to be done to keep consumers from being bilked.

To crack down on the scoundrels, the wireless and and land line operators are being encouraged to develop a call authentication framework that would blunt the malicious robocallers who attempt to hide their originating phone number.

But in the end, the industry and government can only do so much.  The best protection against fraud is informed consumers.