About Me

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Did Socrates say "Know Thyself", or was he misunderstood, as all are. Show Thyself is all we can do. The knowing is unknowable.  

I am filled with joy.  It can't be helped.  

Became a Farmer, Builder, Musician, Tank Commander, Librarian, Lawyer and Minister. I have failed at many things. And now retired.  Filled, just filled, with Joy. 

Sunday, December 23, 2007

Third Pary theory of Liability - as "Enablers" of Crime

It "ought" to be difficult for criminals to carry out their predation. Unfortunately, as so many directors of corporations and even government institutions seem to think that "business" or "regulation" should be blind to frauds. This is a self-defeating attitude, since it erodes the Marketplace upon which our prosperity depends.

Criminals ought to have a more difficult time victimizing the weaker, poorer, and less informed or gullible members of our society. The large institutions -- banks, insurance companies, government agencies -- at this stage of our civilization are actually part of the victimizing culture; they do not prevent fraud on consumers, they enable it.

The only obstacle to wholesale consumer deception is the existance of a few law firms which still handle business frauds, taking cases one at a time. For example, in another suit similar to one I handled 20 years ago, an Orange County jury concluded that U.S. Bancorp "should have known" about fraudulent accounts it opened for fraud operators under the name DFJ Italia Ltd. and awarded $17.6 million. The Bancorp attorneys argued that it should not be held responsible for the actions of criminals. That defense makes great sense EXCEPT WHERE THEIR BANK ENABLED THE CRIMINALS TO DEFRAUD INVESTORS USING BOGUS "ACCOUNTS". This theory of "enabling" is a very strong cause of action.