The Plot Thickens for ExxonMobil
It’s becoming increasingly clear that criminal charges are going to be brought against ExxonMobil for its cover-up of what it knew about the relationship between fossil fuel consumption and climate change. Each passing month brings us a new-found wealth of proof that Exxon knew for decades that their business model was ruining Earth’s environment, but conspired to conceal this from the public, investing millions of dollars to fund disinformation campaigns in an effort to convince the world that climate change is a hoax.
Perhaps the most obvious approach to criminal prosecution would be to show how Exxon defrauded investors by withholding information that would negatively affect the long-term value of their holdings.
The latest development was yesterday’s Wall Street Journal article, reporting that the oil giant’s long-time chairman and CEO Rex Tillerson used an alias email “Wayne Tracker” for all these conversations on the subject of global warming. That was sneaky, but not sneaky enough to keep it a secret.
How does it feel to know that the highest cabinet appointment in the U.S. government is a deceitful human being?
It is not good to have deceitful government officials, especially cabinet members. However, regarding Exxon, although their behavior was certainly unethical, it is unclear whether there is a specific law which they violated. If there isn’t, then they cannot be prosecuted.
Some companies try to avoid prosecution by not saving records that could be used as proof of illegal activities. Thus probably many companies have engaged in prosecutable activities which cannot be proven.
Perhaps the serious problem is that when prosecutors requested all of Rex Tillerson’s email, Exxon Mobil was compelled by the court to turned over all emails but failed to submit those associated with the Wayne Tracker pseudonym. If it is shown that they knew, the implication will be an intention to deceive the court.
Along with the filings there are certifications attesting to the completeness of the filing. Lawyers or corporate officials who signed might be personally responsible for the incomplete filing. It would also be a sworn statement and there are additional penalties for lying under oath.
Craig,
When will all this nonsense and waste of public money end?
Exxon and Ex Tillersen have demonstrated there is, and never was, any ‘case’ to answer !
No ‘criminal’ activity took place. Eric Schneiderman has simply abused his power as NY Attorney-General for base political motives.
There is no crime,there are no complainants. Exxon shareholders have suffered no loss, no law has been broken.
Eric Schneiderman’s “grand coalition” of Attorneys-general has either disintegrated or never existed.
Nor is it an offense for Rex Tillersen to use any number of non-de-plume’s for his emails. The Chairman of Exxon is entitled to the same expectation of privacy in communication as every other citizen.
The explanation that using his own email account became impossible after the Washington Post published it address resulting in a deluge of emails, is perfectly reasonable. It suggests nothing more sinister that a wish to avoid being plagued by rabid opponents.
There is no discernible “crime”. No Exxon shareholder suffered a loss, or even a perceived loss. It’s not a crime to prefer one opinion over another, nor is the board of Exxon obliged to take part in political, ideological or philosophic debates.
A far greater danger exists in the abuse of power by Eric Schneiderman.
The NY State Attorney-General stands accused of launching this prosecution for political and personal gain. Worse, it would appear he covertly conspired with a coterie of Democrat politicians and activist organizations to launch this prosecution in order to obtain political funding and donations.
It has also been suggested Eric Schneiderman’s relatives sought to gain from stock market movements in Exxon and related parties share price. (Although proving this was done with Eric Schneiderman’s knowledge, would be difficult to prove and conversations may simply been used by opportunistic relations).
Attorneys-General have a sworn duty to act in “good faith” when launching prosecutions. Schneiderman’s tactics are those of Joe McCarthy.
It’s not important that ‘due process’ in law works for those whom with you like or agree, instead importance of “due process” is when it’s extended to every person and organization,(especially those whom you dislike or don’t agree ) if the rule of law is to be upheld.
It’s no crime to be a climate skeptic, and no matter how you try to twist or misuse existing laws, trying to do so by subterfuge will only corrupt the legal process.
In the end you have to decide. Do you really want to support a legal system where the “end justifies the means” ?
The degree of hypocrisy is astonishing.
Jamie Henn, a spokesman for the environmental group 350.org self-righteously declared;
“if they had nothing to hide, then why the secret email account?”“This is big. Tillerson’s use of a secret email account underscores what we’ve been saying all along. Exxon knew their product causes climate change, but buried the truth in order to protect their profits.”
When asked how many aliases he, or members of 350.org, employed in emails, Twitter, etc, Jamie Henn refused to answer !
He admitted 350.org may have made political donations to those attending the secret meetings with Eric Schneiderman, but declined to comment since these matters were the subject of investigation since October 2016.
Perhaps the most telling comment attributed to Jamie Henn is his stated ambition to “get Exxon by any means “.
A careful perusal of the documents presented to the court by Eric Schneiderman do not reveal these meetings, or the content of these meetings, despite his sworn obligation to reveal all relevant matters influencing his decision to prosecute.
(His evasive answers could be construed as “lying under oath”).