Tag: fraud

Majority of Americans Say Afghan War Not Worth Fighting

According to a recent Washington Post-ABC Poll, the majority of Americans say the war in Afghanistan is not worth fighting.

Usually, I don’t take kindly to polling data; they are ephemeral snapshots of public opinion that fluctuate with the prevailing political winds. But I will say (as I’ve said before) that Central Asia holds little intrinsic strategic value to the United States. In that respect, I can understand why Americans are growing skeptical of continuing what’s become an “aimless absurdity.”

America’s flagging support for the war comes as millions of Afghans head to the polls to elect their next president. Hamid Karzai, the incumbent, is the front-runner, but if he is unable to secure more than 50% of the vote there will be a run-off scheduled for early October. Given the pervasive levels of corruption within his own government, if Karzai ends up winning, America and the international community might be perceived as propping up an illegitimate government; however, if Karzai loses, it might further alienate the country’s largest minority group, the Pashtuns, among whom Karzai, and the Taliban, pull most of their support.

This morning, New York Times reporter Carlotta Gall writes from Kabul, “initial reports from witnesses suggested that the turnout was uneven, with higher participation in the relatively peaceful north than in the troubled south.”

Before the elections, Taliban militants, mainly concentrated in the southern and eastern provinces but now spreading to the north, threatened to cut off fingers marked with purple ink used to indicate when someone casts a vote. Ms. Gall writes: “In the southern city of Kandahar, witnesses said, insurgents hanged two people because their fingers were marked with indelible ink used to denote that they had voted.” Wow! Maybe the elections will be a watershed moment in Afghanistan’s history: the democracy experiment comes as a death sentence.

On a lighter note, there are already allegations of voter fraud. An inspection of the rolls revealed the name of an unlikely voter, “Britney Jamilia Spears,” one of a number of phantom voters.

Many people would agree that the atmosphere surrounding Afghanistan’s presidential elections is analogous to the country as a whole: dysfunctional. Candidates are forging alliances with warlords; tribal elders are being offered jobs, territory, and forgiveness of past sins to secure their allegiance; and Britney Spears is a registered Afghan voter. It’s about time that America narrow its objectives and start bringing the military mission to a close.

Fun With DHS Press Releases!

Let’s fisk a DHS press release! It’s the “Statement by DHS Press Secretary Sara Kuban on Markup of the Pass ID Bill by the Senate Homeland Security and Government Affairs Committee.” Here goes:

On the same day that Secretary Napolitano highlighted the Department’s efforts to combat terrorism and keep our country safe during a speech in New York City,

This part is true: Secretary Napolitano was in New York speaking about terrorism.

Congress took a major step forward on the PASS ID secure identification legislation.

There was a markup of PASS ID in the Homeland Security and Governmental Affairs Committee. It’s a step – not sure how major.

PASS ID is critical national security legislation

People who have studied identity-based security know that knowing people’s identities doesn’t secure against serious threats, so this is exaggeration.

that will break a long-standing stalemate with state governments

Thirteen states have barred themselves by law from implementing REAL ID, the national ID law. DHS hopes that changing the name and offering them money will change their minds.

that has prevented the implementation of a critical 9/11 recommendation to establish national standards for driver’s licenses.

The 9/11 Commission devoted three-quarters of a page to identity security – out of 400+ substantive pages. That’s more of a throwaway recommendation or afterthought. False identification wasn’t a modus operandi in the 9/11 attacks, and the 9/11 Commission didn’t explain how identity would defeat future attacks. (Also, using “critical” twice in the same sentence is a stylistic no-no.)

As the 9/11 Commission report noted, fraudulent identification documents are dangerous weapons for terrorists,

No, it said “travel documents are as important as weapons.” It was talking about passports and visas, not drivers’ licenses. Oh – and it was exaggerating.

but progress has stalled towards securing identification documents under the top-down, proscriptive approach of the REAL ID Act

True, rather than following top-down prescription, states have set their own policies to increase driver’s license security. It’s not necessarily needed, but if they want to they can, and they don’t need federal conscription of their DMVs to do it.

– an approach that has led thirteen states to enact legislation prohibiting compliance with the Act.

“… which is why we’re trying to get it passed again with a different name!”

Rather than a continuing stalemate with the states,

Non-compliant states stared Secretary Chertoff down when he threatened to disrupt their residents’ air travel, and they can do the same to Secretary Napolitano.

PASS ID provides crucial security gains now by establishing common security standards for driver’s licenses

Weak security gains, possibly in five years. In computer science – to which identification and credentialing is akin – monoculture is regarded as a source of vulnerability.

and a path forward for ensuring that states can electronically verify source documents, including birth certificates.

We’re on the way to that cradle-to-grave biometric tracking system that will give government so much power over every single citizen and resident.

See? That was fun!

Assessing the Claim that CDT Opposes a National ID

It was good of Ari Schwartz to respond last week to my recent post querying whether the Center for Democracy and Technology outright opposes a national ID or simply “does not support” one.

Ari says CDT does oppose a national ID, and I believe that he honestly believes that. But it’s worth taking a look at whether the group’s actions are consistent with opposition to a national ID. I believe CDT’s actions – most recently its support of the PASS ID Act – support the creation of a national ID.

(The title of his post and some of his commentary suggest I have engaged in rhetorical excess and mischaracterized his views. Please do judge for yourself whether I’m being shrill or unfair, which is not my intention.)

First I want to address an unusual claim of Ari’s – that we already have a national ID system. If that is true, his support for PASS ID is more sensible because it is an opportunity to inject federal privacy protections into the existing system (putting aside whether it is a federal responsibility to manage a state system or systems).

Do We Already Have a National ID?

I have heard a few people suggest that we have a national ID in the form of the Social Security Number. I believe the SSN is a national identifier, but it fails the test of a national identification card or system because it is not used for identification. As we know well from the scourge of identity fraud, there is no definitive way to tie an SSN to a person. The SSN is not used for identification (at least not reliably and not alone), which is the third part of my national ID definition. (Senator Schumer might like the SSN to form the basis of a national ID system, of course.)

But Ari says something different. He does not claim any definition of “national ID” or “national ID system.” Instead, he appeals to the authority of a 2003 report from a National Academy of Sciences group entitled “Who Goes There?: Authentication Through the Lens of Privacy.” That report indeed says, “State-issued driver’s licenses are a de facto nationwide identity system” – on the second-to-last substantive page of its second-to-last substantive chapter

But this is a highly selective use of quotation. The year before, that same group issued a report called “IDs – Not That Easy: Questions About Nationwide Identity Systems.” From the beginning and throughout, that report discussed the many issues around proposals to create a “nationwide” identity system. If the NAS panel had already concluded that we have a national ID system, it would not have issued an entire report critiquing that prospect. It would have discussed the existing one as such. Ari’s one quote doesn’t do much to support the notion that we already have a national ID.

What’s more, CDT’s own public comments on the proposed REAL ID Act regulations in May 2007 said that its data-intensive “one person – one license/ID card – one record” policy would ”create a national identification system.”

If a national ID system already existed, the new policy wouldn’t create one. This is another authority at odds with the idea that we have a national ID system already.

Support of PASS ID might be forgiven if we had a national ID system and if PASS ID would improve it. But the claim we already have one is weak.

“Political Reality” and Its Manufacture

But the heart of Ari’s claim is that supporting PASS ID reflects good judgment in light of political reality.

Despite the fact that there are no federal politicians, no governors and no appointed officials from any party publicly supporting repeal of REAL ID today, CDT still says that repeal is an acceptable option. However, PASS ID would get to the same outcome, or better, in practice and has the added benefit of actually being a political possibility… . I realize that Harper has invested a lot of time fighting for the word “repeal,” but at some point we have to look at the political reality.

A “Dear Colleague” letter inviting support for a bill to repeal REAL ID circulated on the Hill last week. How many legislators will hesitate to sign on to the bill because they have heard that the PASS ID Act, and not repeal of REAL ID, is CDT’s preferred way forward?

The phrase “political reality” is more often used by advocates to craft the political reality they prefer than to describe anything truly real. Like the observer effect in experimental research, statements about “political reality” change political reality.  Convince enough people that a thing is “political reality” and the sought-after political reality becomes, simply, reality.

I wrote here before about how the National Governors Association, sensing profit, has worked diligently to make REAL ID a “political reality.” And it has certainly made some headway (though not enough). In the last Congress, the only legislation aimed at resolving the REAL ID impasse were bills to repeal REAL ID. Since then, the political reality is that Barack Obama was elected president and an administration far less friendly to a national ID took office. Democrats – who are on average less friendly to a national ID – made gains in both the House and Senate.

But how are political realities crafted? It has often been described as trying to get people on a bus. To pass a bill, you change it to get more people on the bus than get off.

The REAL ID bus was missing some important riders. It had security hawks, the Department of Homeland Security, anti-immigrant groups, DMV bureaucrats, public safety advocates, and the Bush Administration. But it didn’t have: state legislators and governors, privacy and civil liberties groups, and certain religious communities, among others.

PASS ID is for the most part an effort to bring on state legislators and governors. The NGA is hoping to broker the sale of state power to the federal government, locking in its own institutional role as a supplicant in Washington, D.C. for state political leaders.

But look who else was hanging around the bus station looking for rides! – CDT, the nominal civil liberties group. Alone it jumped on the bus, communicating to others less familiar with the issues that PASS ID represented a good way forward.

Happily, few have taken this signal. The authors of PASS ID were unable to escape the name “REAL ID,” which is a far more powerful beacon flashing national ID and all the ills that entails than CDT’s signal to the contrary.

This is not the first time that CDT’s penchant for compromise has assisted the national ID effort, though.

Compromising Toward National ID

The current push for a national ID has a short history that I summarized three years ago in a righteously titled post on the TechLiberationFront blog: “The Markle Foundation: Font of Evil II.”

Briefly, in December 2003, a group called the Markle Foundation Task Force on National Security in the Information Age recommended “both near-term measures and a longer-term research agenda to increase the reliability of identification while protecting privacy.” (Never mind that false identification was not a modus operandi of the 9/11 attacks.)

The 9/11 Commission, citing Markle, found that “[t]he federal government should set standards for the issuance of birth certificates and sources of identification, such as drivers licenses.” In December 2004, Congress passed the Intelligence Reform and Terrorism Prevention Act, implementing the recommendations of the 9/11 Commission, including national standards for drivers’ licenses and identification cards, the national ID system recommended by the Markle Task Force. And in May 2005, Congress passed a strengthened national ID system in the REAL ID Act.

An earlier post, “The Markle Foundation: Font of Evil,” has more – and the text of a PoliTech debate between myself and Stewart Baker. Security hawk Baker was a participant in the Markle Foundation group, as was national ID advocate Amitai Etzioni. So was the Center for Democracy and Technology’s Jim Dempsey.

I had many reservations about the Markle Foundation Task Force and its work product, and in an April 2005 meeting of the DHS Privacy Committee, I asked Dempsey about what qualified people to serve on that task force, whether people were invited, and what might exclude them. A month before REAL ID passed, he said:

I think the Markle Task Force at least sought balance. And people came to the table committed to dialogue. And those who came with a particular point of view, I think, were all committed to listening. And I think people’s minds were changed… . What we were committed to in the Markle Task Force was changing our minds and trying to find a common ground and to try to understand each other. And we spent the time at it. And that, I think, is reflected in the product of the task force.

There isn’t a nicer, more genuine person working in public policy than Jim Dempsey. He is the consummate honest broker, and this statement of his intentions for the Markle Foundation I believe to be characteristically truthful and earnest.

But consider the possibility that others participating on the Markle Foundation Task Force did not share Jim’s predilection for honest dialogue and compromise. It is even possible that they mouthed these ideals while working intently to advance their goals, including creation of a national ID.

Stewart Baker, who I personally like, is canny and wily, and he wants to win. I see no evidence that Amitai Etzioni changed his mind about having a national ID when he authored the recommendation in the Markle report that ultimately produced REAL ID.

Other Markle participants I have talked to were unaware of what the report said about identity-based security, national identity standards, or a national ID. They don’t even know (or didn’t at the time) that lending your name to a report also lends it your credibility. Whatever privacy or civil liberties advocates were involved with the Markle Task Force got rolled – big-time – by the pro-national-ID team.

CDT is a sophisticated Washington, D.C. operation. It is supposed to understand these dynamics. I can’t give it the pass that outsiders to Washington might get. By committing to compromise rather than any principle, and by lending its name to the Markle Foundation Task Force report, CDT gave credibility to a bad idea – the creation of a national ID.

CDT helped produce the REAL ID Act, which has taken years of struggle to beat back. And now they are at it again with “pragmatic” support for PASS ID.

CDT has been consistently compromising on national ID issues while proponents of a national ID have been doggedly and persistently pursuing their interests. This is not the behavior of a civil liberties organization. It’s why I asked in the post that precipitated this debate whether there is anything that would cause CDT to push back from the table and say No.

Despite words to the contrary, I don’t see evidence that CDT opposes having a national ID. It certainly works around the edges to improve privacy in the context of having a national ID – reducing the wetness of the water, as it were – but at key junctures, CDT’s actions have tended to support having a U.S. national ID. I remain open to seeing contrary evidence.

Bernie Madoff and Government Fraud

In an op-ed Chris Edwards and I wrote for National Review Online yesterday, we shed light on the $100 billion or more in government subsidies pilfered by recipients through fraud and abuse:

Every year, criminals and cheats pilfer over $100 billion — that’s $40 billion more than Bernie Madoff scammed off his investors — in federal benefits to which they are not legally entitled. Medicare, Medicaid, food stamps, refundable tax credits, and many other programs are targets for looting.

Chris and I focused on fraud and abuse perpetrated by the recipients of taxpayer largesse, and Bernie Madoff made for a good comparison. But as the great economist and Cato adjunct scholar Robert Higgs also pointed out yesterday, “Bernie Madoff Was Only a Petty Crook Compared with Uncle Sam.”  Typically, Higgs doesn’t mince words when it comes to comparisons between private and public Ponzi schemes:

Madoff, in contrast to the government, carried out his fraud in a civilized way: he merely misrepresented what he was doing, purporting to invest his clients’ money and to obtain a high rate of return on these investments. People dealt with him voluntarily. Those who suspected something was fishy did not do business with him, and some people went so far as to give substantial information to the SEC to show that Madoff’s business had to be fraudulent (which information the SEC ignored for years on end, of course).

The leaders of the U.S. government have carried out their Social Security fraud—essentially a Ponzi scheme, in substance exactly the same as Madoff’s scheme—since 1935… . The U.S. government, however, does not bother to claim any prowess in investing the money it forces people to surrender to its scheme. It admits that the ‘client’s’ return is now close to zero (varying a bit according to the client’s age and other factors). Nor does it carry out its admitted Ponzi scheme in a civilized way. Not only is participation in the scheme involuntary, but the government threatens violence against anyone who fails to participate as it commands him. Thus, the government operates its Ponzi scheme in a markedly more thuggish manner than Bernie would ever have dreamed of. He might have been a crook, but he was not a thug.

Health Care Priorities

As Washington debates a big increase in federal health care spending, I came across these two articles on what a splendid job the government is doing managing its current health programs.

Harvard professor Malcolm Sparrow recently testified that roughly $100 billion or more of Medicare and Medicaid dollars go down the drain each year due to fraud. It’s easy to rip these programs off because of their vast size and electronic claims processing. Medicare processes more than 1 billion of claims each year. 

This Washington Post article last year described one particular example of the fraud. A high-school drop-out managed to bilk Medicare out of $105 million by submitting a 140,000 false claims from her laptop computer.

So we’ve got $100 billion or so of taxpayer’s hard-earned money being stolen each year from our current public health care plans. You would think that with today’s giant budget deficit that the highest priority of policymakers would be to reform these programs to reduce the unbelievable and disgusting amounts of graft. But no, many in Congress and President Obama have decided that current government health care works so well that they want to expand it.

President Obama wants to create a new “public health option” to “keep insurance companies honest.” Hey Mr. President,  you should do something about the $100 billion of dishonesty in current public health plans, instead of hitting up taxpayers to fund an even more bloated health care budget.

How Does It Feel to Be at the Table Now?

On Monday, the Obama administration held a well-publicized love-fest with lobbyists for the health care industry.  It turns out that rather than a “game-changer,” the event was a fraud.  And the industry got burned.

At the time, President Obama called it a “a watershed event in the long and elusive quest for health care reform”:

Over the next 10 years — from 2010 to 2019 — [these industry lobbyists] are pledging to cut the rate of growth of national health care spending by 1.5 percentage points each year — an amount that’s equal to over $2 trillion.

By an amazing coincidence, $2 trillion is just enough to pay for Obama’s proposed government takeover of the health care sector.

Yet The New York Times reports that isn’t the magnitude of spending reductions the lobbyists thought they were supporting:

Hospitals and insurance companies said Thursday that President Obama had substantially overstated their promise earlier this week to reduce the growth of health spending… [C]onfusion swirled in Washington as the companies’ trade associations raced to tamp down angst among members around the country.

Health care leaders who attended the meeting…say they agreed to slow health spending in a more gradual way and did not pledge specific year-by-year cuts…

My initial reaction to Monday’s fairly transparent media stunt was: “I smell a rat.  Lobbyists never advocate less revenue for their members.  Ever.” The lobbyists are proving me right, albeit slowly.  (Take your time, guys.  I don’t mind.)

The Obama administration seems a little less clear on that rule.  Again, The New York Times:

Nancy-Ann DeParle, director of the White House Office of Health Reform, said “the president misspoke” on Monday and again on Wednesday when he described the industry’s commitment in similar terms. After providing that account, Ms. DeParle called back about an hour later on Thursday and said: “I don’t think the president misspoke. His remarks correctly and accurately described the industry’s commitment.”

How did the industry find itself in this position? Politico reports:

The group of six organizations with a major stake in health care…had been working in secret for several weeks on a savings plan.

But they learned late last week that the White House wanted to go public with the coalition. One health care insider said: “It came together more quickly than it should have.” A health-care lobbyist said the participants weren’t prepared to go live with the news over the weekend, when the news of a deal, including the $2 trillion savings claim, was announced by White House officials to reporters.

Gosh, it’s almost like the White House strong-armed the lobbyists in order to create a false sense of agreement and momentum.  Pay no attention to that discord behind the curtain!

At the time, I also hypothesized that this “agreement” was a clever ploy by all parties to pressure a recalcitrant Congressional Budget Office to assume that the Democrat’s reforms would produce budgetary savings.  “Otherwise, health care reform is in jeopardy,” says Senate Finance Committee chairman Max Baucus (D-MT).  Turns out there was no agreement, and the industry was just being used.

American Hospital Association president Richard Umbdenstock was more right than he knew when he told that group’s 230 members:

There has been a tremendous amount of confusion and frankly a lot of political spin.

Merriam-Webster lists “to engage in spin control (as in politics)” as its seventh definition of the word “spin.”  Its second definition is “to form a thread by extruding a viscous rapidly hardening fluid — used especially of a spider or insect.” Which reminds me…

CORRECTION: My initial reaction to Monday’s media stunt – “I smell a rat” – was transcribed incorrectly.  It should have read, “I smell arachnid.”

(HT: Joe Guarino for the pointers.)

Waste, Fraud, and Stimulus

At Capitol News Connection, brought to you each morning by your tax dollars, they reported this morning:

With more than a trillion tax dollars tied up in the Troubled Asset Relief Program and stimulus spending, Congress is trying to figure out how to account for every penny.

Uh-huh. Congress is always on top of our federal dollars.

Coincidentally, just hours after the CNC report, the Government Accountability Office released a report warning about the lack of oversight procedures in the kitchen-sink stimulus bill. And a few days earlier the inspector general for the TARP program reported that Treasury has no real details on how TARP funds are being spent. In fact, IG Neil Barofsky told Congress that there were 20 criminal investigations into possible TARP fraud already underway.

Two months ago Barofsky and the comptroller general had warned of the likelihood of waste in huge new government programs:

Neil Barofsky, the special inspector general for the $700 billion Troubled Asset Relief Program, told a House subcommittee that the government’s experiences in the reconstruction of Iraq, hurricane-relief programs and the 1990s savings-and-loan bailout suggest the rescue program could be ripe for fraud…

Gene Dodaro, acting comptroller general of the U.S., told the subcommittee that a reliance on contractors and a lack of written policies could “increase the risk of wasted government dollars without adequate oversight of contractor performance.”

One of Greg Mankiw’s readers worked on the new Department of Homeland Security and reported recently:

[Y]ou cannot juice up a government agency’s budget by tens of billions (or in the case of the stimulus package, hundreds of billions) and expect them to be able to process the paperwork to contract it out, much less oversee the projects or even choose them with any kind of hope for success. It’s like trying to feed a Pomeranian a 25 lb turkey. It’s madness. It was years before DHS got the situation under control and between the start and when they finally assembled a sufficiently capable team of lawyers, contracting officials, technical experts and resource managers, most of the money was totally wasted.

Linda Bilmes, coauthor with Nobel laureate Joseph Stiglitz of The Three Trillion Dollar War: The True Cost of the Iraq Conflict, analyzes the massive problems in three somewhat smaller government projects — the Iraqi reconstruction effort, Hurricane Katrina reconstruction, and the Big Dig artery construction in Boston — and finds that “in any organization that starts to increase spending very rapidly there are risks of waste, fraud and inefficiency.”

Milton Friedman summed up the basic problem with government waste back in 2002:

When a man spends his own money to buy something for himself, he is very careful about how much he spends and how he spends it. When a man spends his own money to buy something for someone else, he is still very careful about how much he spends, but somewhat less what he spends it on. When a man spends someone else’s money to buy something for himself, he is very careful about what he buys, but doesn’t care at all how much he spends. And when a man spends someone else’s money on someone else, he doesn’t care how much he spends or what he spends it on. And that’s government for you.

Members of Congress can make all the speeches they want about their commitment to ferreting out waste and fraud, but waste and fraud are inevitable in government spending and inevitably large in such massive programs. Some people think that’s fine. At least they’re realistic. But reporters shouldn’t fall for politicians promising to spend unprecedented sums of other people’s money quickly and wisely.