The Criminalization of Law Enforcement in New York

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The New York Supreme Court made a landmark decision earlier this month. The case is unique in its perspective. The lawsuit is between the People of New York vs. Exxon Mobil Corporation. The case is such is very first in the United States history. On December 10, Justice Barry Ostrager ruled that the New York Attorney General had failed, even when there was enough evidence that the Exxon Mobil had engaged in a fraudulent scheme which mislead investor investors regarding the risk that the climate change regulation posed to its business. That was the right decisions made in the case. A closer look at the specific facts revealed by this trial which has been a long drawn legal battle makes the case more important and interesting. The state has been behind protecting the Exxon Mobil Corporation as it has large vested interest.

The law suit was not driven by credible evidence or impartial enforcement that makes up the rule of law but instead has been a blatant exercise in prosecutorial abuse to promote an ideological agenda. The law suit was filed by the former acting Attorney General Barbara Underwood. The case between the Exxon Mobil Corporation vs. the State of New York was filed the fraud lawsuit under the New York state martin Act.

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The purpose of the filing the case is to account for the damage the company has done. The company is accused of misleading investors. The company had two had different account that measured the impact climate change has had on the profitability and on business operations. The state maintained the two accounts had their own purpose. The first of the account on one hand estimated the average cost of climate policies. The second account evaluated the effects of individual nation’s policies on specific business cases and projects. But that is analogous to saying that that a delivery company is engaged in fraud if it uses a global average fuel cost to estimating the average worldwide operations but a specific fuel price for evaluating its cost in a specific nation where the taxes on motor fuel is high. The state has played along the way very nicely and according to them the state the judicial department has gone after Exxon Mobil Corporation three times in four years.

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Everyone knows the effects of fossil fuel has on the climate and its ecosystem Exxon Mobil Corporation also knew about the dangerous side effects it will have the near future. But despite knowing all the consequences the company deliberately hid the fact that their operation was not affecting the climate at all and it was all a misunderstood concept. To protect its asset and to hide the reality from the public the company engaged in a disinformation campaign to convince the public that such climate change impact would be minimum and negligible.

The organization knew that anthropogenic climate change is serious. They were also knew that sooner or later the government will take strong action and formulate policies accordingly which will lead to the dip in the asset value of the company which the management of the company hid from investors. Both the above theories have no such solid foundations and are dubious a reality that the NYAG officials admitted implicitly when they filed the losing law suit which was an accounting case.

Source: Real Clear Market


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