February 24, 2010

Al Gore Is Lying Low -- for Good Reason

By Rex McBride

Maybe Al Gore's been advised by legal counsel to lie low. He may be the leader of the anthropogenic global warming (AGW) movement, but he's not defending it in public, not even when it's falling apart and his new fortune is based upon it.

Mr. Gore and his financial backers earned millions of dollars in start-up "green" companies and carbon trading schemes. If the scam worked, he could've become the first "carbon billionaire."

"What goes up can fall down" applies to ill-gotten gains in the stock market or "carbon trading" schemes. In such schemes, it's foreseeable that trusting investors will (a) not only get hurt when the scam collapses, but they'll also (b) pursue legal remedies and sue him for fraud.

Mr. Gore's financial gains were based on the contradictory and error-plagued assertion that man's release of the trace gas CO₂ will fry the planet.

Once it becomes clear to everyone that the AGW theory is based on cleverly manipulated data twisted by rigged computer models controlled by several dozen IPCC politicians/scientists, we can expect that investors who lose millions by investing in these companies will eventually haul Mr. Gore and the insider IPCC scientists into court.

Over the years, American tax dollars were poured down the fantasyland AGW "rat hole." Sooner or later, Al Gore needs to answer some hard questions. Unfortunately, we'll have to wait for lawsuits from private investors. Today, legal counsel will advise him to remain silent.

It's impossible to predict how many lawsuits, or what kind, might arise once everyone realizes that the AGW scam dwarfs Bernie Madoff's $50-billion Ponzi operation. New studies appear almost daily that further undercut AGW theory. The biggest daily newspaper in the Netherlands vindicated that country's leading AGW critic in the article "Henk Tennekes -- He was right after all."

Dr. Tennekes was fired in the 1990s from a prominent research position and blacklisted for debunking AGW theory. He upset the same IPCC scientists who control the leading "peer review" climate research journals and who blocked the publication of all contrary research in those journals for decades.

As investors learn the extent of the scam, Mr. Gore's start-up "green" companies will lose considerable value, like flaky dot-com companies lacking a real product. Investors in these "green" companies -- who reasonably relied upon Gore's alarming claims -- may pursue several possible remedies:

- derivative shareholder lawsuits, disgorging from Mr. Gore and other senior officers in these companies any illicit gains from any insider trading that could be proven; and/or

- lawsuits against brokers who did not perform the SEC's necessary "due diligence" research before peddling those shares; and/or

- civil RICO lawsuits against Mr. Gore and any IPCC scientists who participated in blocking the publication of contrary research, cooking the data, all of whose annual income skyrocketed from the public hysteria.

On the state level, it's impossible to predict if one or more state attorney generals will look back on the tobacco industry cases and decide, representing the taxpayers of his or her state, to file criminal and/or civil RICO actions against Gore and the enriched IPCC scientists.

(On the federal level, while President Obama is in office, the Justice Department will not file RICO or SEC actions against their buddy Al Gore. Remember, the president originally hoped that Boxer-Kerry cap-and-trade would generate over $600 billion in new corporate taxes -- "emergency" measures justified by fantasy AGW theory.

Remember the joke about the government taxing air? In the Twilight Zone of Boxer-Kerry, say hello to cap-and-trade.)

If Mr. Gore's "green" companies do crash and significantly injure private investors, attorneys in a civil lawsuit could compel Gore to answer questions like:

(1) When you claimed that "the science is settled," did you mean that it's "settled" that you and the IPCC scientists could make quick millions by manipulating the data and fomenting public hysteria?

(2) What does "peer review" mean if none of the IPCC scientists who controlled the academic journals protested that there was no original data to support your frightening claim of accelerated temperature increases after 1995?

(3) If the very scientists that the public trusted to act as the "check and balance" against careless research -- or worse yet, to protect against research fraud -- did not catch a "tiny" problem like not having original supporting data after 1995, does "peer review" mean that IPCC's scientists would secretly work in concert to cover each other's asses and keep the grants coming?

Such questions need answers.

In "The Dog Ate Global Warming", an article at the Cato Institute, Patrick J. Michaels noted that "[i]f there are no data, there's no science. U.S. taxpayers deserve to know the answer."

Obviously, Al Gore cannot be compelled to answer questions in a criminal court under the 5th Amendment. However, his admissible bank and stock portfolio records would prove his skyrocketing wealth, making him a "deep pocket."

Since 1970, the scope of RICO cases has grown far beyond prosecuting mafia operations. The law firm Nixon Peabody explained:

RICO was written in broad terms. To state a claim, a plaintiff must allege four elements: (1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity... Each element of a RICO claim requires additional analysis: an "enterprise" is marked by association and control; a "pattern" requires a showing of "continuity" -- continuous and related behavior that amounts to, or poses a threat of, continued criminal violations; and "racketeering activity" involves the violation of designated federal laws ...

RICO lawsuits are now won in a wide variety of civil disputes -- e.g., insurance companies working in concert to delay/shortchange payments owed to dentists. 

Other RICO cases resulted in court judgments against the Hell's Angels Motorcycle Club, Catholic sex crimes, and Major League Baseball.

It violates federal law to fake taxpayer-funded research and then manipulate or destroy data to enrich oneself. If an insider group secretly conspires to do so, it looks and smells like RICO.

If more AGW-destroying news rolls in, and if Gore's "green" companies lose significant value, then shareholder derivative lawsuits and/or state RICO lawsuits will follow -- more so as the losses grow.

Mr. Gore is in hiding today -- no longer the "courageous" leader of the AGW movement. Apparently, Planet Earth is "no longer in grave danger" or "needing to be saved," but Gore could lose all of his ill-gotten assets.

If the victim list grows and criminal intent is proven, Mr. Gore could do serious time. After a much smaller scam, Bernie Madoff got 150 years.

What if you want answers about the potential misuse of tax dollars that enriched AGW insiders but didn't invest in one of Al Gore's fantasies?

Call Congress and demand that the GAO audit all climate change grants. GAO has the professional audit expertise to follow the money, gather objective facts, and report on any significant fraud or abuse.

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