Amazon admits no basis for damages in $1M asset seizure by DOJ?
twitter.com
twitter.com
"After the first FBI visit, Amazon filed a civil lawsuit in the Eastern District Court of Virginia and the Nelsons could finally see what was alleged. Carl's former job had involved scouting land for Amazon to buy and build data centers on — or putting together deals with commercial real estate developers to do all that for AWS — and then he'd present the best option to decision makers. The lawsuit, which was fleshed out in July, alleged a massive fraud and kickback scheme involving a number of defendants, including Carl. It claims they inflated the lease prices and land purchase transactions for AWS to gain illicit profits that were distributed through a web of shell entities, including Carl's real estate startup he'd founded on the side. It added up to a lot — violating the federal RICO statute (The Racketeer Influenced and Corrupt Organizations Act) and engaging in wire fraud, honest services fraud, money laundering, and breach of contract, among other things. Amazon is seeking to recover "tens of millions of dollars" in unjust enrichment along with damages.
Carl agrees that the transactions took place, but argues they were completely legal and standard, all vetted by his lawyer and allowed per his employment contract..."
Source: https://www.entrepreneur.com/leadership/founder-amy-nelson-w...
https://medium.com/@amy_riveter/the-united-states-of-amazon-...
The DOJ and Amazon are free to provide that additional context (since they did the redacting) if it would help them. The fact that they don’t speaks volumes.
The tweet claims "Amazon admits no basis for damages..."
The only possible source for this is a court filing by Amazon's attorney where Amazon admits there is no basis for damages.
The tweet appears to be a redacted filing by the Twitter user's attorney.
It doesn't support the headline at all. If you think it does, someone has sold you something.
* i.e. more accurate and neutral, preferably using representative language from the original source
Carl Nelson has filed his own suit against Amazon, alleging that the company has run afoul of Washington state’s new law restricting non-competition agreements. His attorneys also claim Amazon has violated his contract by suing him in federal court in Virginia rather than in Washington state court, the venue set in the agreement.
As evidence of Amazon endorsing outside business activities, and of company executives making liberal use of the contract provisions, Nelson’s attorneys point in part to Jassy’s investment in the ownership group behind the new Seattle Kraken NHL franchise, and Amazon’s subsequent purchase of naming rights for the team’s arena.
First on Amazons claim: the key parts of the screenshots she herself provided are blacked out. So they show nothing?! Someone has specifically removed only the parts relevant to her claim.
Second, on the Civil Forfeiture: They have gotten most but not all of the cash back. If the DOJ actually admit there is no case why not insist on all of it (and lawyers fees and interest etc)? And also, the DOJ are VERY clear the only reason they didn't fight the return of the money is that there is an ongoing criminal investigation and they don't want to prejudice it. The DOJ having an open case AND secret sources seems like the opposite of proof you're innocent.
Third, it seems entirely fair and reasonable for Amazon to have pressured the DOJ to seize/freeze assets. Isn't that very standard in any case of fraud (or whatever this is ultimately prosecuted as)? I don't know why Op talks about it like it is evidence of conspiracy...
I don't know much about this case. Civil Forfeiture seems like bullshit to me. It's confusing to me how long US cases seem to take (both before and during court proceedings, ditto for the Jan 6th prosecutions that are only just getting going). But these claims seem suspicious as hell...
Please do correct me if I am missing some key point here?
> ongoing criminal investigation and they don't want to prejudice it
Too bad in my book. If you start arresting people and seizing property, just giving some of it back isn't good enough, you're going to have to explain yourself.
I basically agree with you. And if it were me, I would be demanding ALL the money back. I wouldn't let them keep them keep $108k (17%) of the money. I'd have wanted every cent AND interest, fees, an apology etc.
It's not clear to me why they settled IF they are actually innocent and would win in an actual court case. And calling that a win is even weirder (doubly so when you add on lawyers fees etc).
The whole thread is extra confusing because further down there is (what I think is) a judges order to place into escrow $25mil (3.8mil and 21.3mil). Is that still locked up or has it been released? Because getting the DOJ to release 525k seems like a small win compared to still having 50x that amount tied up...
It's confusion all the way down as far as I can tell...
To be clear, 2 years is a very long time to wait IMHO. Not sure why the US system seems so slow or why people are tolerant of it.
How would they pay lawyers to prosecute that case? All their money was seized.
> ...why people are tolerant of it.
There is a disturbing tendency to feel that if law enforcement did something, the target was probably up to something, and that's justification enough. This circular reasoning is by no means accepted by everyone, all the time, but widely enough to damp down any groundswell of concern. Due process is a fuzzy, abstract and remote concern for many people.
It would hardly be less worse if the plaintiffs were also likely to be liable for the DOJ's costs in the event that they lost. Few people can be certain of the outcome, no matter how reasonable the case might seem to someone not thoroughly acquainted with the relevant law.
Let's focus on the clear miscarriage of justice here, which is the use of forfeiture in the first place. Note that this issue is separable from the question of whether Carleton Nelson acted as Amazon alleges.
It makes sense they are returned because at this point it should be a default win for the plantiff. But 17% are being kept (unjust) and no one has actually HAD their day in court either (so there is no innocent/guilty party here). Default wins are still wins but they tell us nothing.
I think all of this could be solved by NOT taking 2 years (and counting) to file charges.
C'est la vie.
So it's OK to impose a sentence presumptively, so long as the prosecution will ultimately prevail? Putting aside the practical difficulties in implementing such a policy, it is just about diametrically opposite to the usual concept of due process.
> I think all of this could be solved by NOT taking 2 years (and counting) to file charges.
Response to the manifest injustice of kangaroo courts is largely responsible for that. Civil forfeiture is a sort of back-door kangaroo court, IMHO (or not even that, as there seems to be not even the appearance of due process.)
Civil forfeiture clearly has a punitive effect, and is therefore a de facto sentence, prior to conviction and regardless of whether a conviction is ultimately secured. In this case, "while the government can give us our money back, they can’t give us back the life we had before Amazon’s accusations. We had to leave a city and community we loved, sell our home, leave our daughters’ schools – and move away from the place where I built The Riveter, created 100 jobs, and worked with women starting businesses." For families on the edge of poverty, the consequences can be more devastating still.
Just saying "there are downsides whatever we decide" does not even begin to make a case for civil forfeiture - you would need to expand that ellipsis into an actual argument.
That's the problem with just taking the extreme "nothing punitive until there's a guilty verdict" approach.
The least bad answer is somewhere in between.
Personally I think 2 years is too long to wait. But that doesn't mean the right amount of time is zero...
This is moot, however, being caught in the act is not a valid analogy for the situation we are discussing here, or generally for civil forfeiture as it is practiced in many parts of the US today. You started this thread saying you were very confused about what's going on here, and introducing hypothetical scenarios that do not resemble it is not going to help.
Interesting to note, when the IRS makes a procedural mistake, they return improperly seized money, with interest. A very small interest rate, but nonetheless.
Because you have to pay your lawyer. And you need at least some of your money back to do that. And you can then sue for actual damages later and get it all back.
If you have to "prove you are innocent" the government is the one violating the law, not you.
Seizing your family's wealth and denying you ability to make a living is punishment for a crime you are not convicted of. That itself alone is beyond violation of justice.
And yes it is "standard" for the government to leverage administrative law to seize assets before a court case. The true purpose of this is to deny a person ability to defend themselves against the government. This is the very definition of evil and tyranny. There is no excuse.
> Third, it seems entirely fair and reasonable for Amazon to have pressured the DOJ to seize/freeze assets. Isn't that very standard in any case of fraud (or whatever this is ultimately prosecuted as)?
Well just wait until somebody decides to seize everything you own with no explanation, no crime, no evidence, and no ability to appeal and see how you "fair and reasonable" it feels after that.
https://www.techdirt.com/2021/12/22/dea-gives-former-marine-...
Civil asset forfeiture is an abomination and a flagrant violation of the 4th amendment. It rewards cops and federal agencies for violating the rights of citizens that are generally ill equipped to fight back, even more so after their money is stolen.
In some states, the share can be up to 100%. But even where states don’t allow that with state law forfeitures, directing the funds instead to state general funds or dedicated state funds not connected to the seizing agency, federal law allows state/local agencies to do federal-law forfeitures and keep a share.
This is from 2014 when the problem seems to have really taken off.
https://www.cbc.ca/news/world/american-shakedown-police-won-...
I don't think you should be able to spend your way out of a bunch of stuff like that.
Soros didn’t make his money in a very honorable way, nor did the Koch brothers. They both have decided to use politics to exercise the same avarice that made them rich, perhaps deluding themselves and others into thinking that it’s ok if they are “doing good for the public.” Unending greed for political influence isn’t much better than greed for cash. It’s all just will to power. I feel similarly about most professional politicians, which is why I don’t have a team.
He wasn’t just palling around with Epstein, his friendship continued after Epstein was convicted. His excuse was that Epstein gave him access… as if Bill G wasn’t the richest person on the planet at the time.
There are certainly many charities that are ineffective at their mission, inefficient with their funds or working on a mission that few would consider worthwhile. (And there are also some great charities out there that are effective, efficient and important, such as https://givedirectly.org.)
But charities (of which non-profit foundations are a subclass) aren't a "tax dodge". Money that you give to a charity is untaxed, so you can claim a refund on income taxes you've already paid on that money. But you don't get new money that you haven't already earned from the IRS; every penny given is money that you already had, and the tax refund is purely of tax that is no longer due on that money.
It's possible to be cynical of the motives of some philanthropic gifts, but Gates (and others) aren't financially better off from their giving itself.
When I hear the name "Carnegie", I think of music and libraries, but his contemporaries would think of emotional abuse and robber-barony.
I think the reason was that he didnt want company to manufacture vaccines with defects and no quality control. In theory that sounds reasonable.
Bezos stepped down from Amazon in 2021, not sure if it counts as a retirement yet.
Musk is still two years away from Gates' retirement age.
And Zuckerberg is 15 years away from Gates' retirement age.
Bill Gates is nothing but mindless aggression and wanton destruction. He is Vladimir Putin for your computer. Giving some money away does not erase his misdeeds or change him into a good person. We know his character.
The philanthropy bit I think is just a PR stunt. Bill is not a nice man, or a good man, IMHO.
Not sure about your hate on Musk though. Fighting climate change, preserving the only life in the universe that we know of, bringing connectivity to the most vulnerable and disadvantaged globally, among many other good things. Not sure what’s bad about that.
Sure I know, because it’s the one thing bad that’s repeated and repeated about him, and he didn’t even start it. And he apologized.
Any example that is actually bad?
And he apologized after substantial public backlash, not because he had a change of mind.
The guy that rescued the kids out of that cave in thailand(?), Yoel Roth, that twitter engineer that told him on twitter that he had his facts wrong... that's just a short list I'm sure that if I weren't posting this while eating breakfast I could cite more.
Regarding the Twitter guy: Yoel Roth was a different person. What was bad about how he treated Roth and the Twitter Android guy (I guess that’s who you actually were referring to)?
Roth had to flee their home due to threats to their safety.
Has Musk apologized yet?
https://gaynrd.com/if-yoel-roth-is-harmed-should-elon-musk-f...
Falsely implying other people are pedophiles or support pedophiles actions seems to be a recurring pattern in this context.
Old Twitter had countless tweets containing images of violence against children. Under Musk it took only days to remove all of that.
https://www.bloomberg.com/news/features/2019-03-13/when-elon...
For Tesla, we still don't have fully self driving cars, but its always coming in Q4 of this year. Products are announced WAY too soon. Its been years since the cybertruck and new roadster were announced and demoed, and still none exist. This isn't their first new model, they should understand how the building of factories work, etc.
You're prasing this as if you've flown to Africa, examined something like an anti-malaria program, and decided it was useless for unstated reasons. Somehow I doubt you've done so.
Sadly the way he goes about that is less than ideal. Tesla keep selling vapourware features and releasing things that are actively dangerous. Boring company was mostly a ploy to distract from high speed rail (which would reduce the need for cars). The Twitter takeover has been a debacle so far. SpaceX are about the only untainted venture here, and my understanding is they’re not run day to day by Musk, with staff spending inordinate amounts of effort to keep him happy and out of the way of the real work.
Boring had little to do with Musk. It was an idea that seemed promising, and a Tesla manager volunteered to make it reality. Musk just provided some initial finding. It is completely unrelated to rail.
Not sure why you feel Twitter to be a “debacle”? I like diversity of though and open discourse. Also the scientific method is a good thing to save.
People have claimed musk told them its driven by his hatred for California's high-speed rail project [0]. That sounds like significant evidence that it is related to rail.
[0]. https://twitter.com/parismarx/status/1167410460125097990?ref...
https://thediplomat.com/2021/06/why-are-indians-so-angry-at-...
And what does that mean to me? Successful businesses like Tesla and Spacex have done much more for the world through the technology they have developed than any donation ever has. I'm supposed to value charity more highly just because it's not profitable?
"Moreover, the fact that no males, only females of child-bearing age, were vaccinated..."
Referenced from the above article: http://archive.boston.com/business/technology/articles/2010/...
"We must make this the decade of vaccines," Bill Gates said in a statement.
Referenced from the above article: https://www.ted.com/talks/bill_gates_innovating_to_zero
"Bill Gates warned that we weren’t ready for a global pandemic in a talk at TED2015. Now he’s working to make sure the world is better prepared next time around."
https://singjupost.com/wp-content/uploads/2020/03/Innovating...
"First, we’ve got population. The world today has 6.8 billion people. That’s headed up to about nine billion. Now, if we do a really great job on new vaccines, health care, reproductive health services, we could lower that by, perhaps, 10% or 15%. But there, we see an increase of about 1.3."
The first tweet is so heavily redacted and posted by an obviously biased source, I don't trust it at all. Very weird.
I do hate civil asset forfeiture, though!
Every argument I have that these are acceptable practices in a free society requires Olympic mental gymnastics.
> For most of the country’s history, civil forfeiture was an obscure backwater. At the time of the Founding, civil forfeiture was limited to confiscating ships and cargo that ran afoul of customs duties. But now civil forfeiture has become wildly popular across law enforcement, precisely because it doesn’t require a criminal conviction, or even an indictment, to confiscate someone’s property.
Empty talking points from conspiracy videos you saw on Youtube aren't helpful.
Or you know, work on changing the civil forfeiture laws and save the libertarian revolt talk for another issue?
Being so flippant about this is how January 6th happened. Your original comment wasn't logical, it was tough person on the internet noise.
What does that even mean? Your argument starts with a statement everyone agrees with, you assert something that's a stretch to believe at best. Then you just start making things up.
Finally you assert that absurd action needs to be taken. Why is it possible to burn the FBI to the ground but not reform civil forfeiture?
You need to ask yourself who would benefit from dismantling the FBI, because the FBI does a lot more than civil forfeiture.
The same goes for the Post Office and IRS. Someone else has a lot more to gain from dismantling those institutions than you do. They're just riling you up to carry out their agenda.
There's this:
A federal prosecutor told Amazon's Pat Stokes that DOJ "seized the money too early" and that being forced to "prove" its seizure with evidence would have a "negative impact."
the FBI is part of the DOJ and the AG is overall responsible for them.
It is the investigative arm of the DOJ.
Their procedures and powers are covered by guidelines (a public set and a classified set) issued by the AG