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Judge Rakoff is interviewed by Adam Liptak as an essay by Rakoff appears in the December 22 issue of The New York Review of Books. Judge Rakoff is critical of the Justice Department for not prosecuting individuals responsible in the 2008-2009 financial crisis and merely offering excuses. He discounts the Justice Department argument that proving intent is difficult or that proving fraud is hard because of the sophisticated counterparties on both sides. He says assistant attorney general in the criminal division Bauer's assertion that you have to prove the individual involved made a false statement, intended to commit a crime, and that the other side depended on this for what they were doing, is misleading. The government is not required to prove that one party to a transaction relied on another party. On the difficulty to prove wilful criminal intent for individuals several layers above those who made and marketed the bad securities, Rakoff says the legal doctrine of wilfull blindness could have been used. Reflecting on why the Justice Department has not prosecuted individuals for wrongdoing the way Milken, Keating and Skilling were prosecuted in prior financial crises, Rakoff comes up with a explanation. He says the government's own role and the role of firms throughout the financial system is suspect in the 2008-2009 financial crisis unlike prior crises. Not only regulators are failing to to do their job. The financial system offers incentives for the packaging of bad debt securities. Fannie Mae has government backing and its management buys these securities to expand access to housing for low income people. The profits made on these securities brings U.S. and foreign banks into this business and leads to a proliferation of these securities around the globe to the point that small towns near the North Pole end up with these securities in their portfolio. This complicates things for prosecutors who in some situations have themselves worked for banks selling these securities. In its slow deliberative way the Obama administration, the Justice Department, and the S.E.C.'s new head, move to prosecute firms during the administration's second term, but not enough is done and tackling individual responsibility for deterring future wrongdoing in the interests of a safe and fair financial system seems a long way off....

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Michael Fathers reviews two detailed accounts of Mao's Great Leap Forward. From 1958-62 Mao launched an effort to industrialize China in its effort to surpass Krushchev's effort to surpass the U.S. and western nations in one decade. Yang Jingsheng's account in the book 'Tombstone,' is a result of decades of research to find what happened during this period. He lost his own father to starvation during this period when all Chinese agriculture was forced into communes with communal living and communal kitchens. The result were disastrous as agricultural production suffered badly leading to famines and loss of an estimated 45 million lives. The policy was continued even as the result showed a looming disaster by 1959. It was only by 1962 that Mao was forced to accept the failure of the program. As an editor of Xinhua news agency, Jingsheng had access to accounts of waht happened in provincial documents and archives. The other book reviewed is 'The Great Famine' by Frank Dikotter which provides an illuminating account of what happened in these years. Dikotter says the final responsibility rested with Mao for calling for higher grain deliveries from the countryside at the height of the famine and for continuing the policy of force and coercion leading to starvation- he quotes Mao who said: "It is better to let half the people die so that the other half can eat their fill." The truth about this period was hidden by propaganda and the mistake accounts of westerners who visited China including Francois Mitterand till the 1990's. Jasper Becker, a former correspondent in China for the Guardian, gave one of the first accounts of what had happened in "Hungry Ghosts: China's Secret Famine" (1996). What shocked readers was the extent of the dead, the violence, and the fear of speaking out even after 30 years. The fear of speaking out is evidenced in the pen name Mo Yan of the Nobel prize winner in Literature for 2012 which means do not speak out in Chinese because his parents were from a more affluent farming family in the village. Mo Yan uses animal and fairy tale characters and Chinese history in his novels and stories including his effort to describe the behaviour of arrogant local officials. The chronology of this period also tells a story. China's Communists took control in 1949, the famine and violent repression to establish the commune system occured in 1958-1962 only 8 years later, and the Great Proleterian Cultural Revolution was launched by Mao in 1966 and was to last a decade till his death in 1979- a period which saw a new effort of upending of China's countryside to establish communism....

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The new J.D. Powers Quality Survey put out in Feb 2013 showed the Lexus, Toyota, Mercedes, Buick, Chevrolet, Lincoln and Dodge Ram brands performing at the top level in number of problems reported by owners of 3 year old vehicles. Land Rover, Jeep and VW brands did poorly. Most of the Chrysler Dodge cars performed poorly. The redesign of vehicles initiated by Fiat Chrysler CEO Marchionne does not show up in this study. The redesigned Jeep and other vehicles will show in next years study. The study also showed buyers of economy vehicles were likely to switch easily when buying another car. New models are showing fewer problems and are more dependable compared to previous years, with the average number of problems declining from 170 per 100 vehicles in 2009, to 132 in 2011, and 126 in 2012.

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Toyota hit with a fine of $32.4 million in civil penalties, the maximum allowed by law, for failing to make proper disclosure of what Toyota knew about safety defects that led to a massive recall.

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The baffling situation where no executive from Lehman faced charges for accounting manipulation after a long S.E.C. investigation under S.E.C. chief Schapiro. The report by Lehman bankruptcy account examiner Valukos cited accounting manipulation. This NYT report says Mr. Canellos, the co-head of the enforcement unit, was supported by Robert Khuzami in the decision not to move ahead with charges, and S.E.C. Schapiro continued the investigation but did not make the decision to support moving ahead.

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Yun Hua writes about perceptions of ordinary Chinese about the Cultural Revolution period in Communist China under Mao.

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The Obama administration was slow to respond to the democracy movement in Libya. France's Sarkozy and Britain's Cameron led the effort to support the Libyan rebels with airpower, no -fly-zones, and military assistance. As the Assad regime uses fighter planes, helicopter gunships and artillery against its own people and heavily populated areas, the Europeans distracted by the economic crisis, and the Obama administration following its earlier pattern of slow response in supporting democracy efforts, have failed to take an active role in helping the democracy movement in Syria.

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Before taking up the job of enforcement chief at the SEC, Robert Khuzami spent five years running the U.S. legal division of Deutsche Bank. In that job he worked with lawyers who advised on the collaterized debt obligations issued by the bank, and the details to be disclosed to investors. Like Goldman, Deutsche Bank has faced alllegations of not disclosing the proper information for its CDO's. Before joining Deutsche Bank, Khuzami was a prosecutor in the U.S. attorney's office in Manhattan for 11 years.

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In a first at Davos World Economic Forum, China's president Xi Jinping uses the 2017 meeting to give a one hour long spirited defense of the world trading system, critical of U.S. president elect Trump's protectionist views without naming him. Xi pointed out that "no one will be winners in a trade war." And went on to add that restricting world trade was like "locking oneself in a dark room, keeping out wind and rain from outside but also light and air." For the first time Jinping stated that China would take the U.S. role of defending the world trading system from attack as needed. On climate change Xi defended the Paris accords, and gave China's commitment to pursue changes regardless of what the U.S. under president Trump does. This follows Chancellor Merkel of Germany's statements on the issue critical of the views of president elect Trump, and taking the lead to defend the world trading system. Xi also pointed out that many of the ills that led to voter discontent in the West were not really from the freeing up of trade but from the pursuit of excessive profit with the financial crisis of 2008.   ...

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The story of Lara Gass, a law student in Virgina, whose brakes, power steering and power failed causing a fiery crash, because of a faulty ignition switch in a 2006 Saturn Ion. The failure of GM to take the cars with that defective switch off the road till they are repaired is cause for anguish for 21 grieving families that lost a family member.

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Mr. F. W. De Klerk, former president of South Africa from 1989 to 1994 and deputy president under Nelson Mandela till 1996, set the path for reconciliation and a mutiracial open society based on democratic process after Apartheid. Here he says some of the original vision for reconciliation and multiracial society based on constitutional processes is being lost under the presidency of Jacob Zuma of the ANC. He points to the growth rate of 5% achieved under president Thabo Mbeki from 2005 to 2007. The economic stagnation and corruption under the Zuma administration means South Africa is falling behind in tackling problems of wide disparity in incomes of the vast majority of black people, as only about 15% of the black population have benefitted under president Zuma. WIth political appointees in key positions for state run enterprises, municipal administration, and in the public service, services to the public are deteriorating. The Communist Party's hold on key postiions in the ANC and 12 cabinet positions, is reversing policies for an open economy with more state control. De Klerk says the point at which this happened was in Dec. 2007, when certain factions led by Mr. Zuma took control of the ANC at its national conference in Polokwane. The drop in commodities prices have hit South Africa hard and poor management of the economy adds to South Africa's many problems in 2015....

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Akio Toyoda's comments in Beijing to Chinese customers of Toyota apologizing for quality failures at Toyota. He referred to an excessive focus on market share and profits among "some people" at Toyota as the cause for this.

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The S.E.C.'s failure to build a deterrent against future reckless financial activities- that damages the financial system and hurts the public interest- through effective enforcement. Efforts to rebuild its reputation under S.E.C. chief Mary Jo White.

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The S.E.C. and the Justice Department end two investigations into the actions of Goldman Sachs during the financial crisis.

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This op-ed essay by the President of Toyota Motor Company, Akio Toyoda, talks frankly about the situation that led to the quality failures at Toyota and promises that Toyota will try to live up to the ideals that shaped its beginnings some 70 years ago. Toyota had humble beginnings in the thirties when the original founder of Toyoda was in the textile loom manufacturing business. Following a new venture in automobiles in the 1930's, for three decades Toyota was only trying to catchup with the U.S. in auto manufacturing. It started with the current chairman Shoichiro Toyoda's father -and Akio Toyoda's grandfather Kiichiro- visiting a Professor of Metallurgical Engineerig at a university in Tokyo to collect ideas and information for entering the automobile manufacturing business. Akio Toyoda seems quite cognizant of these beginnings in this essay. Action steps he mentions are a top down review of global operations, establishing an Automotive Center of Quality Excellence in the United States, and asking a blue-ribbon safety advisory group of outside experts in quality management to independently review Toyota's operations, with the findings made public. Akio Toyoda points to the lack of effective communication in quality matters in its global operations that led to the problem festering for so long. He says that in regard to sticking accelerator pedals, Toyota "failed to connect the dots between problems in Europe and problems in the United States because the European situation related primarily to right-hand-drive vehicles." Toyota also moved to address problems in its Prius and Lexus HS250h models for anti-lock braking systems....

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Toyota is reducing senior management positions to 60 from 77. The board of directors will also be smaller, with 11 members instead of the current 27 members. It was felt that the large board did not enable discussion of important issues and slowed down decisionmaking. This is part of the new Business Plan and the new global vision for Toyota. The thrust is on sales in emerging markets which Toyota will target for increasing sales to 50% of the total sales by 2015, up from 40% currently. Sales in developed markets are set to decline to 50% of the total sales by 2015, down from 60% currently. The other push is in the hybrid sales area. Toyota will roll out 10 more hybrid vehicles by 2015, in addition to all electric cars, plug-in hybrids. Toyota will continue to have an all-Japanese board, and will use a committee of outside advisors to stay abreast of opinion in other countries. Akio Toyoda announced these plans recently and did this by himself, as he puts his own ideas to work for setting Toyota's direction....

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A seven member panel formed by Toyota to look into Toyota's recall problems made its recommendations recently. The panel's report says Toyota was not good at responding to criticism from outside. Company executives looked at complaints about sudden acceleration defensively or skeptically, and viewed regulators in an "adversarial" manner. The NHTSA also has come under criticism in investigations, because to some extent Toyota's close connections with the NHTSA made it possible for the company to drags its feet in responding to complaints. Edmunds.com CEO, Jeremy Anwyl, says Toyota has a stable and predictable way of doing things and this does not work well in a crisis, leaving Toyota uniquely vulnerable to this. The insularity of executives in Japan because of the lack of non-Japanese on the Board. and in other important positions, magnifies the problems when they are rooted in a crosscultural environment. Such complaints in the U.S. media are viewed differently than in Japan. The report also pointed out that safety and quality are two different things - that processes that improve quality will not necessarily produce safe vehicles. By putting safety under quality and making everyone responsible for quality, no specific executives were assigned responsibility for safety. One of the lessons learned from the recall crisis is that specific responsibility needs to be assigned for safety, and the person in charge has to report directly to the President and top managers. One of the panel members, Brian O'Neil, a former president of the Insurance Institute for Highway Saferty, says the old adage is true in this case- when everyone is responsible, no one is responsible....

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Mary Schapiro, head of the U.S. S.E.C., joins Promontory Financial, a consulting firm set up by former Comptroller of the Currency managers to act as a "bank doctor" for banks that expect to face regulatory scrutiny from government regulatory agencies. In one settlement for mortgage debt which banks settled for $9.3 billion, Promontory Financial was paid $2 billion, according to this WSJ report.