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Entitlements and Economic Bias

The Washington Post recently published a ridiculous article about deficit spending and entitlements from a group of former chairs of the White House Council of Economic Advisers. Unsurprisingly, these economists scoff at the idea that entitlements are a cause for alarm, and predictably attack the Jobs and Tax bill that passed last year by President Trump. Of course, it’s to be expected, as the author-contributors were hand-picked from either only the Clinton or Obama administrations. Let’s take a closer look at some of their assertions:

“It is dishonest to single out entitlements for blame. The federal budget was in surplus from 1998 through 2001, (read: Pro-Clinton), “but large tax cuts and unfunded wars have been huge contributors to our current deficit problem” (read: anti-Bush). “The primary reason the deficit in coming years will now be higher than had been expected is the reduction in tax revenue from last year’s tax cuts, not an increase in spending” (read: anti-Trump). “This year, revenue is expected to fall below 17 percent of gross domestic product — the lowest it has been in the past 50 years with the exception of the aftermath of the past two recessions” (read: anti-Trump).

What’s noticeably absent? Any mention of Obama. Where were these so-called economists when Obama went spending crazy? When the deficit doubled in the eight years of Obama’s administration? Deficit spending is an undisputed crisis and a large driver of that is, in fact, entitlements — a problem that has continued to be punted each year; in fact the latest SSA report, released June 5, plainly states that Medicare’s Trust Fund is set to run out in 8 years, and Social Security’s in 16. The Social Security program’s costs will exceed its income this year for the first time since 1982, forcing the program to dip into its nearly $3 trillion trust fund to cover benefits. But these numbers and projections are nothing new, so it is right for the Hoover Institute to continue to insist on reform in the face of years of inaction.

At a time when these very authors note that “the U.S. unemployment rate is down to 4.1 percent, and economic growth could well increase in 2018. Consumer and business confidence is high,” to then hold up Clinton as the pinnacle of economic excellence, spear Bush and Trump as reckless, and to completely ignore the profligate spending of Obama is disingenuous. The bias of the Washington Post shines through with this one.

More Civil Asset Forfeiture Nonsense

George Will shined the light on yet another disturbing case of civil asset forfeiture a practice that denies citizens the right to due process. In this particular instance, a border agent on US soil unlawfully demanded the password a citizen’s phone; when he refused, they searched his truck and then seized possession of it after finding five .380-caliber bullets (and no weapon) in the truck’s center console. Their rationale? He was transporting “munitions of war.”

Civil asset forfeiture allows law enforcement to take money or property from a citizen who is merely suspected of criminal activity — not charged or convicted. Though original asset forfeiture laws were aimed at drug cartels to interrupt their business and money, it use has expanded rapidly in recent years. It’s not being used just for “organized crime” anymore; that’s a red herring that gives police a green light to continue to abuse citizens and take their property without due process. Citizens are guilty until proven innocent and have to prove that they were not involved in any criminal activity, which can be a long and expensive process against the government.

Outrageously, the citizen had to petition to get a judicial hearing about his truck (after paying a bond of 10% of his truck’s value) — but then the hearing actually never happened. He never got his due process and only got his truck back after two years, during which he faithfully continued making loan payments and maintained insurance. This lack of any hearing for a citizen to redress the unlawful seizure is not an anomaly, either. In fact, the citizen is now pursuing a class action lawsuit, just “to establish a right to prompt post-seizure judicial hearings,” which should already be a given anyway in such incidences — even though the practice of civil asset forfeiture should be abolished outright.

Civil asset forfeiture is really all about money. “Under the equitable sharing program, federal authorities may “adopt” state and local forfeiture cases and prosecute them at the federal level. Those local police departments get to keep up to 80 percent of the forfeiture revenue, while the rest goes into the equitable sharing pool and is distributed among partner departments around the country.” During the Obama Administration — after some highly publicized appalling asset forfeiture cases, Obama began addressing asset forfeiture and restrictions were rightly implemented as a stepping stone to reign in this abominable practice. Unfortunately last year, AG Jeff Sessions loosened those once again.

Clarence Thomas wrote a scathing dissent of asset forfeiture last year when SCOTUS chose not to hear a case on the matter. He wrote, “this system—where police can seize property with limited judicial oversight and retain it for their own use—has led to egregious and well-chronicled abuses. He further pointed out, “because the law enforcement entity responsible for seizing the property often keeps it, these entities have strong incentives to pursue forfeiture.” Clarence Thomas is entirely correct, and the policy of civil asset forfeiture should be entirely eliminated. Continuing to highlight this abhorrent practice is the only way to bring about change.

The DeVos Budget Debacle

It seems like spending reductions, smaller government, and eliminating waste are no longer Republican ideals. When Education Secretary Betsy DeVos presented a budget that did just that, Congress turned a deaf ear. What’s more, they made it difficult for her to even make some systemic changes to the Department of Education that (like most departments) desperately needs.

As part of the massive spending bill that was passed last week, Congress “awarded the department a $2.6 billion boost when Mrs. DeVos had requested a $9 billion cut. She had sought to dismantle her agency’s central budget office, a move she said would create a leaner structure, and to cut the number of field offices in the civil-rights division to four from 12. The spending package included specific measures preventing her from doing so.”

Apparently, trying to implement change caused some problems among more seasoned politicians that Congress just put a stop to by hamstringing her efforts at education and fiscal reform: “in the spending package, lawmakers forbade Mrs. DeVos from dismantling the budget office and increased the civil-rights division’s funding by $8.5 million, specifying that the additional money couldn’t be used to reduce staff, such as through buyouts. The civil-rights division is tasked with, among other things, enforcing Title IX.”

It’s a shame that politics over policy has gotten so pervasive even among Republicans. Such ridiculous behavior shows how broken our system has become — which is why it’s getting more and more likely that a huge Democrat sweep will happen at midterms.

IRS Still Giving Good Money After Bad (Employees)

A few years ago, it was revealed that thousand of IRS employees who were in non-compliance with the IRS — or had actually committed tax fraud — had received bonuses from the agency.  The IRS had promised to place safeguards or closer scrutiny to ensure that such employees who had not done due diligence with their taxes would not receive bonuses in the future. However, a new Treasury Inspector General for Tax Administration (TIGTA) report reveals that only about a third have been caught by the additional screening. “The IRS is still paying bonuses to nearly 2,000 bad employees, including more than two dozen who were actual tax-cheats themselves.”

From the Washington Times:

 

“The IRS understands the importance of withholding awards from employees whose conduct is deemed to impact the integrity of the service, and/or who have a tax compliance issue, regardless of the level of discipline imposed,” wrote Katherine M. Coffman, a “human capital officer” at the agency, in the IRS’s official response.

She agreed with all three recommendations for fixing the problem, but said they won’t be done until next January. Among those getting bonuses were two employees who illegally snooped on others’ tax returns.Two other employees sexually assaulted colleagues, yet were paid nearly $1,500 in combined bonuses, the audit found.

The inspector general said the agency only screened for people who were disciplined enough to serve at least a one day suspension. Investigators said the agency didn’t screen people who had tax problems but weren’t suspended. That included three employees who received a combined $7,000 in bonuses despite having $65,000 in outstanding tax balances deemed impossible to collect by the agency. Paying those bonuses broke the law, the investigators said.

In a statement after the report, the IRS said the examples were “unacceptable” but said it’s taken steps to try to get a handle on things since the last audit. “This continues to be a priority for us, and we will continue to make improvements going forward,” the agency said.”

The IRS continues to be an abomination, even five years after the scandal that targeted certain non-profit groups in 2013. It is outrageous that taxpayer money is appropriated to those who have not fulfilled their basic tax obligations.

Senate Democrats and Moral Posturing

While reading the New York Times’ assessment of the upcoming tax cut bill, a sentence popped out at me: “Wary of any tax legislation that benefits the rich, Democrats have taken a firm stance against Republican policies that would add to the deficit and said they will not support a bill that does not pay for itself.” (“Senate Republicans Embrace Plan For $1.5 Trillion Tax Cut,” NYT: Sept 19, 2017).

This is laughable! Did the Democrats take a “firm stance” at any time during the Obama Administration against policies that added to the deficit? Of course not.

Indeed, most of the article was an attempt to paint the Republicans as hypocrites for trying to pass a tax cut plan that may or may not add to the federal debt after 10 years — while staying utterly silent about the fact that federal debt doubled during the Obama Administration, and each fiscal year ended in a deficit! The sudden interest in some sort of fiscal responsibility from the Democrats rings hollow.

The SPLC and Taxes

There have been recent articles about the SPLC and their “millions in offshore accounts.” But as a tax accountant, there doesn’t appear to be anything illegal or suspicious in the way they invest their funds — much in the same way that Mitt Romney’s items were completely fine. Non-profits have restrictions on the way they can and cannot invest, so what the SPLC has done or is doing in this regard appears to be rather ordinary.

But if I were the SPLC, I would like nothing better than to have people jumping up and down about my “foreign bank account” so that they’ll completely ignore the fact that the IRS should investigate and reconsider the tax status of the SPLC.

The SPLC intentionally and willfully becomes political by going after various groups, people, and ideologies –with whom they disagree –to denigrate them while lumping them in with true extremists (like the KKK). Then the SPLC issues press releases and maps for the media to pick up the stories. Their running count of “hate” is 917, and their total amount of “monitoring of hate” is 1,600+ — how is this not political?

Minnesota’s Pension Funds Revealed To Be In Crisis

Minnesota’s pension fund was recently revealed to be in crisis-mode after changing the accounting formula to more accurately reflect market realities:

“The jump caused the finances of Minnesota’s pensions to erode more than any other state’s last year as accounting standards seek to prevent governments from using overly optimistic assumptions to minimize what they owe public employees decades from now. Because of changes in actuarial math, Minnesota in 2016 reported having just 53 percent of what it needed to cover promised benefits, down from 80 percent a year earlier, transforming it from one of the best funded state systems to the seventh worst, according to data compiled by Bloomberg.”

During the most recent recession, the Governmental Accounting Standards Boards made accounting rules changes because it began to be more apparent that a majority of local and state pension systems were continuously understating the long-term obligations.  It was common practice to depend on and project 8%-10% investment returns even when the reality was more along the lines of 2%.

When the public sector (and unions) signed off on lavish pension provisions for the employee, they hoped there would be enough growth and investment returns to cover it way down the road. There were no provisions made to handle the possibility of a low-interest rate society or a fledgling economy like we’ve experienced the last nine years; they took their chances and their fallback was always that they could suck money from the taxpayer by raising taxes to cover budgeting shortfalls. That is reckless and irresponsible.

Years of fiscal mismanagement in the public sector has resulted in this fiscal nightmare. Because the public sector does not have the economic forces of competition to keep compensation levels in check, as the public sector does, it was always incumbent upon public negotiators to manage contracts properly. Failing to properly negotiate, making cozy deals, and maintaining unsustainable defined-benefit plans has created the soaring budget and pension deficits we see across the country.  Though the rules changes to actuarial math are a start, in some places, it’s too little, too late.

WSJ: JP Morgan and SPLC

The Wall Street Journal’s Kimberly Strassel had some sharp words regarding Jamie Dimon’s hefty donation to the Southern Poverty Law Center (SPLC):

Corporate America will do almost anything to stay on the safe side of public opinion—at least as it’s defined by the media. CEOs will apologize, grovel, resign, settle. They will even, as of this month, legitimize and fund an outfit that exists to smear conservatives.

The press is still obsessing over President Trump’s incompetent handling of the violence in Charlottesville, Va., and that has suited some profiteers just fine. The notorious Southern Poverty Law Center is quietly cashing in on the tragedy, raking in millions on its spun-up reputation as a group that “fights hate.” Apple CEO Tim Cook informed employees that his company is giving $1 million to SPLC and matching employee donations. J.P. Morgan Chase is pitching in $500,000, specifically to further the SPLC’s “work in tracking, exposing and fighting hate groups and other extremist organizations,” in the words of Peter Scher, the bank’s head of corporate responsibility.

What Mr. Scher is referring to is the SPLC’s “Hate Map,” its online list of 917 American “hate groups.” The SPLC alone decides who goes on the list, but its criteria are purposely vague. Since the SPLC is a far-left activist group, the map comes down to this: If the SPLC doesn’t agree with your views, it tags you as a hater.

Let’s not mince words: By funding this list, J.P. Morgan and Apple are saying they support labeling Christian organizations that oppose gay marriage as “hate groups.” That may come as a sour revelation to any bank customers who have donated to the Family Research Council (a mainstream Christian outfit on the SPLC’s list) or whose rights are protected by the Alliance Defending Freedom (which litigates for religious freedom and is also on the list).

Similarly put out may be iPhone owners who support the antiterror policies espoused by Frank Gaffney’s Washington think tank, the Center for Security Policy (on the SPLC’s list). Or any who back the proposals of the Center for Immigration Studies (on the list).

These corporations are presumably in favor of the SPLC’s practice of calling its political opponents “extremists,” which paints targets on their backs. The group’s “Field Guide to Anti-Muslim Extremists” lists Mr. Gaffney (who worked for the Reagan administration); Maajid Nawaz (a British activist whose crimes include tweeting a cartoon of Jesus and Muhammad ); and Ayaan Hirsi Ali (a Somali refugee who speaks out against Islamic extremism).

The SPLC has tarred the respected social scientist Charles Murray, author of the well-regarded book “Losing Ground,” as a “white nationalist.” Mr. Murray has been physically assaulted on campus as a result. He happens to be married to an Asian woman and has Asian daughters, so the slur is ludicrous. But what’s a little smearing and career destruction if J.P. Morgan Chase gets some good headlines?

“Disparate Impact” and Minimum Wage

The idea of “disparate impact” holds that a defendant can be held liable for racism and discrimination for a race-neutral policy that statistically disadvantages a specific minority group even if that negative “impact” was neither foreseen nor intended. This tactic was increasingly used in recent years during the Obama Administration, most often by Loretta Lynch, Obama’s Attorney General, and Thomas Perez, his Secretary of Labor.

It follows then that minimum wage laws are racist and discriminatory. There’s no question that the effect these policies have on minorities are unfavorable. The citizens who are going to lose their jobs or will be unable to get jobs as a result of raising the cost of wages are disproportionately larger populations of minorities. If you can impute and infer racial bias because of an adverse impact and then use it to determine the legality of a law, it is unequivocally clear that minimum wage laws should be deemed unconstitutional.

Virginia Attorney General Used Asset Forfeiture Funds For Staff Pay Raises

When assets are seized during federal investigations, the proceeds can be shared with law enforcement agencies who participate with federal agencies during the process. This is called Equitable Sharing, and both the Justice Departments and Treasury Departments can do it.  The funds received have rules that govern how they are spent.

Therefore it was surprising that a Power Point presentation created by the Justice Department in 2015 suggested a way to circumvent those rules; typically they don’t allow funds to be spent on salaries or raises but this presentation gave a clear way for an agency to get around that restriction. “The presentation advises that instead of using the seized funds money to fund raises, agencies can use it to cover routine costs — such as maintaining vehicle fleets — and then redirect money already budgeted for maintenance into salaries. The PowerPoint says redirecting money in that manner is acceptable “so long as your overall budget does not decrease.”

It appears the Virginia’s Attorney General, Mark Herring, took that suggestion to heart. The “AP raised questions about significant pay raises for several of Herring’s employees at a time when state workers’ pay was stagnant elsewhere. Some staff attorneys’ salaries rose as much as $15,000 in a year — one had a 30-percent increase.” This investigation revealed the existence of the Power Point presentation, and is the reason 64 attorney received a raise in their pay floor, with the median raise of $7,000.

“Virginia received more than $100 million in asset forfeiture money under a joint state-federal settlement with Abbott Laboratories for an anti-seizure drug’s off-label marketing. Herring spokesman Michael Kelly said raises were made possible in part by using some of the funds to pay allowable expenses involving the agency’s rent, vehicle maintenance and operational costs.

The Abbott settlement money was administered by the Treasury Department, but Kelly cited the PowerPoint as justification for using the funds to make raises possible. He said the PowerPoint was part of 2015 training for accountants in the state attorney general’s office.”

The AP noticed the pay raises in the Office of Attorney General and requested documents about the aberration; last year, the rest of the Commonwealth canceled pay raises that were scheduled for state employees when budget problems got difficult.

It is unfathomable that a state agency, under the guidance and direction of a federal agency, could move money around in a ploy to give themselves pay increases.  If one state agency, as part of a training exercise for accountants, could conclude that this action was both just and allowable, how many other agency partners in the Equitable Sharing program have done this?