2013年12月15日 星期日

全斗煥,盧泰愚 ,王炳章,王功權 Wang Gongquan,






王炳章- 维基百科,自由的百科全书 - Wikipedia

民主人士9月15日在纽约举行集会,要求中共释放海外民运先驱王炳章。中共最近加强对言论自由和社会运动的打压,但民运人士王军涛认为人心不死。
Wang Bingzhang
Activist
Wang Bingzhang is a political activist and founder of two Chinese pro-democracy movements. He is considered a political prisoner of China. Wikipedia
Born: December 30, 1947 (age 65), Shijiazhuang, China
Education: McGill University


2002年6月,王炳章在越南邊境附近,遭綁架至一艘往中國的船上,在中國領土上遭公安逮捕。2003年2月,廣東省深圳市中級人民法院以為台灣從事間諜活動和組織領導恐怖組織的罪名判處王炳章無期徒刑,他目前正在韶關北江監獄服刑。一直以來都被獄方單獨關押,禁止任何人與他交流,目前他已經中風多次。獄方的看管人員也是六個月一換。
2013年,台灣立法委員田秋堇中華民國國家安全局質詢此事,國安局公開回覆,從未運用大陸人士王炳章及彭明先生從事情報工作。


台国安会证明王炳章不是台湾间谍


被中国当局以“间谍”罪名判处无期徒刑政治犯王炳章,其女儿日前在台湾立法院请求调查其父是否为台湾间谍。台湾国安局近日宣布:台国安局没有运用王炳章从事情报工作。

 China Detains a Billionaire for Activism

By EDWARD WONG

Wang Gongquan, a venture capitalist who has been outspoken in his liberal views, was detained by more than 20 officers from the Beijing police.


Multi-millionaire investor detained in China's crackdown on activists
Campaigners warn that Chinese police are cracking down on activists after 'gathering crowds' arrest of Wang Gongquan

Police officers china detain multi-millionaire investor
Wang Gongquan, who was taken into custody on Friday, said: 'Some have called my comments radical. I don’t feel radical at all.' Photograph: Carlos Barria/Reuters
Chinese police have detained a multimillionaire investor in what human rights campaigners warn is a broadening crackdown on activists.

Wang Gongquan was taken into custody by up to 20 Beijing police officers on Friday on suspicion of "gathering a crowd to disrupt public order", according to supporters.

His friend Xu Zhiyong, a well-known lawyer and leading member of a grassroots grouping supporting civil society, was formally arrested on the same charge last month after weeks in detention.

"Wang was summoned at noon … it was because he has taken part in social activities, human rights activities with Xu Zhiyong," said lawyer Teng Biao.

Human Rights Watch said earlier this week that 17 members of the loosely organised New Citizens movement are among 55 people detained since spring for organising collective actions of various kinds, including protests. Sixteen of those have since been released, some on bail, but friends are increasingly concerned that others will be indicted, tried and jailed.

Activists fear the moves are part of a broader tightening of the political environment by the new leadership under Xi Jinping, including the curbing of online dissent.

"There is no doubt that this is a step up in the suppression of critical voices in China," said Nicholas Bequelin, a senior Asia researcher at Human Rights Watch.
"You have a twin push in the real world and the virtual world. Anywhere you look at the moment − it's the same direction.
"Suddenly people who were somewhat tolerated before find themselves vulnerable − and all of this is happening while China is seeking a seat on the human rights council at the United Nations," Bequelin added, saying that the current push was more than a cyclical crackdown on dissent.
Chinese scholars have also expressed concern about increased pressure on academics. Unusually, the state-run English news website China Daily also reported on Wang's detention, although it said police had taken him for "unknown reasons".
In an interview with the South China Morning Post in July, Wang said: "In today's China people are getting arrested every day. It's impractical for one to claim that he has no fears. But I may not be as scared as many others, because I have been involved in such matters for years − meetings and discussions."
The 51-year-old added: "For a long time I have been harshly criticising some problems in the government, including in the ruling party. Some have called my comments radical. I don't feel radical at all. I think some entrepreneurs fear too much."
Some think Wang is being punished in part for pressing for Xu's release and releasing a video showing his friend, speaking inside jail, urging citizens to pursue their rights. Sui Muqing, a lawyer acting for Guo Feixiong − another detained rights advocate − suggested the government might be seeking to discourage business people from financially supporting activists.
Guo was detained on the "gathering crowds" charge in mid-August but Sui's requests to meet his client have been rejected four times, the lawyer said.
Backers have said that the New Citizens movement operates within the constitution, but its popularity appears to have roused the concern of authorities. Hundreds of supporters turned up to its informal dinners.
Members also called on officials to publicly disclose their assets − a message clearly unwelcome to authorities despite the new leadership's pledge to root out corruption.
Liu Ping, an activist from Jiangxi who held a protest demanding such disclosure in April, has been indicted for illegal assembly, gathering a crowd to disrupt public order and using a cult to damage enforcement of the law, Human Rights in China reported last month.
Wang, a venture capitalist, is one of a number of business people who have become increasingly bold in their calls for reform and criticism of the government. But authorities this week underlined their determination to rein in "big Vs" − verified users with large followings − by issuing a new judicial interpretation warning people may be charged with defamation if they post rumours which are read by 5,000 users or forwarded more than 500 times.
Microbloggers also voiced intense scepticism after Chinese-born American investor Xue Manzi, or Charles Xue, was detained in Beijing last month on suspicion of soliciting prostitutes. Many suspected the decision to parade him on television was intended to deter other prominent figures from his brand of caustic commentary.

商人公民王功權被拘留


北京——一位大力倡導更自由的政治和社會政策的中國富豪風險投資人周五被北京警方帶走,這位商人的朋友稱。
51歲的商人王功權是律師許志永的密友,許志永上月因「聚眾擾亂公共場所秩序罪」被正式批捕。周五在網上流傳的一張傳喚證照片顯示,王功權因同樣罪名被拘留。傳喚證顯示,拘留王功權的是北京公安局公共交通安全保衛分局。
另一位著名的權利倡導者陳敏(筆名笑蜀)說,上午11:30左右,王功權在他家中被20幾名警察帶走。笑蜀說,警察對王功權家進行了2個多小時的搜查,帶走了一台電腦,兩張鑲鏡框的照片,以及若干「公民徽章」,大概是王功權在什麼時候自己做的。
警察拿走這些徽章可能是要將它們作為指控王功權的證據。它 們看上去和王功權幾年前定製的「公民證章」相似。調查性商業雜誌財新《新世紀》周刊曾在2011年報道,王功權定製了100枚證章,其大小與一元人民幣硬 幣一樣,上面刻着中國國旗、一部名為《憲法》的翻開的書,還印着「中國公民」四字。
累積了像王功權這麼多財富的商人很少會對自己的自由政治觀點如此直言不諱。20世紀90年代,王功權作為萬通實業集團投資者靠在海南島做房地產投資起家,海南也是其他從房地產行業中發家的商人的跳板。王功權先加入了一個風險投資公司,後來成立了自己的投資公司。
2005年,王功權開始參加許志永召集的會議,並加入許志永發起的倡導組織——公盟的工作。《新世紀》周刊上的介紹稱,王功權涉足過很多社會問題,包括譴責安全官員秘密拘留受害上訪者的「黑監獄」、支持農民工孩子的權益,這些孩子通常不能進入父母打工城市的公立學校學習。
自去年共產黨完成了領導層權力交接以來,倡導更自由政策的人士開始呼籲新一屆領導人遵守並實施中國憲法,憲法被共產黨長規性地忽視。高級官員對這些呼籲做出反擊,最近幾個月來,共產黨官方刊物的社論開始批評憲政主義的支持者。
在反擊自由觀念的同時,安全部門開始鎮壓異見人士。不少中 國自由派人士被警察帶走。這次鎮壓已經觸及到網上的著名人物,他們常在類似Twitter的微博上討論社會問題,其賬戶可能得到幾百萬網友的關注。據國際 倡導組織「維權網」(Chinese Human Rights Defenders)估計,從3月份到8月份,已有50多名政治上活躍的中國人被拘留。
就是在這種背景下,許志永於夏天被逮捕。當時,王功權曾向 記者講述了他的處境。上個月陳敏被臨時拘留時,記者也聯繫過王功權。王功權在一次採訪中說,「很多人問過我,許志永和笑蜀之後,你害怕嗎?我不知道。到目 前為止,國安還沒有找過我。但我自從決定和許志永一起工作的那天起,就做了最壞的打算。」
陳敏和王功權都曾在網上轉發過要求釋放許志永的請願書。
2011年,王功權因為一個完全不同的原因突然出了名。他在自己的微博上發帖稱,要離開妻子,因為他愛上了另一個女人王琴。這個帖子以及王功權為網上瀏覽製作的大談愛情的視頻被廣泛轉載。
他寫到,「我放棄一切,和王琴私奔了。沒法面對大家的期盼和信任,也沒法和大家解釋,也不好意思,故不告而別。叩請寬恕。」
Patrick Zuo和Shi Da對本文有研究貢獻。
翻譯:張亮亮

韓前獨裁者家屬道歉並願繳交罰款
韓國前總統和軍事獨裁者全斗煥的長子10日代表家人向全國民眾道歉,並公佈將主動繳納罰款1672億韓元(約合1.54億美元)的具體計劃。韓國大法院1997年對全斗煥、盧泰愚二位前總統和軍事獨裁者所作出的貪腐罰款判決,時隔16終於有望得到徹底執行。
1980年代執掌韓國軍事獨裁政府的全斗煥和盧泰愚被指控在執政期間非法私匿挪用巨額公款。全斗煥1979年通過軍事政變奪權,並於1980年開始出任總統。在他和繼任助手盧泰愚執政的十多年期間,韓國經濟雖然經歷了高速增長期,也成功地舉辦了奧運會,但是政治上也經歷了反對派受到嚴酷打擊的「白色恐怖」時期。
全斗煥和盧泰愚被判在執政期間,通過威逼利誘手段從工商企業勒索巨額款項,建立秘密私用金庫,並大規模非法洗錢。在過去16年中,全斗煥一家一直想方設法拒絕退還貪污的公款。韓國大法院曾因貪腐判處全斗煥死緩;最終因全國和解,韓國政府決定對他特赦。
99日,全斗煥一家的律師李京勳(音)曾經表示,全斗煥家族代表——長子全宰國會在首爾中央地方法院公佈主動繳納罰款的具體計劃。一位全斗煥身邊人士還表示,具體計劃中的繳納金額共約有1700億韓元。如果扣押財產等的變賣金額不夠,甚至會出售前總統私宅。
據悉,全斗煥方面計劃用扣押財產抵償部分罰款,其餘部分由全宰國、全在庸、全宰萬、全孝善等子女和親家東亞元總裁李喜祥等人湊齊。全斗煥一家在主動交納罰款方案中和對國民的道歉書中表示,向檢方提交一次性繳納罰款有困難、只能分階段繳納罰款。(BBC中文網2013/9/10報導)

2013年12月14日 星期六

Fabrice Tourre, /Alan M. Dershowitz, “Taking the Stand: My Life in the Law,”

Embracing the Fight: A Portrait of Alan Dershowitz After 50 Years at Harvard Law School

Few academics are accused of being war criminals, and fewer still would choose to print the accusation on the back cover of their book. Alan M. Dershowitz, however, is not a typical academic, and has covered the dust jacket of his recent autobiography, “Taking the Stand: My Life in the Law,” with criticism and praise alike.


Alan Dershowitz
Lawyer
Alan Morton Dershowitz is an American lawyer, jurist, and political commentator. He is a prominent scholar on United States constitutional law and criminal law. Wikipedia
 
 America's most prominent legal mind and the #1 bestselling author of Chutzpah and The Best Defense, Alan Dershowitz, recounts his legal autobiography, describing how he came to the law, as well as the cases that have changed American jurisprudence over the past 50 years, most of which he has personally been involved in.
In Taking the Stand, Dershowitz reveals the evolution of his own thinking on such fundamental issues as censorship and the First Amendment, Civil Rights, Abortion, homocide and the increasing role that science plays in a legal defense. Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others.  He is currently part of the legal team advising Julian Assange.
  “Taking the Stand: My Life in the Law,”*
*Hardcover: 528 pages   Publisher: Crown (October 15, 2013)



'Taking the Stand,' by Alan Dershowitz - NYTimes.com

www.nytimes.com/2013/11/.../taking-the-stand-by-alan-dershowitz.html
Review by DAHLIA LITHWICK
Nov 8, 2013 - Alan Dershowitz has inserted himself into many famous cases and controversies.

Former Trader Is Found Liable in Fraud Case

Fabrice Tourre, center, with his lawyers outside court. On Thursday, a jury found that Mr. Tourre, who was a trader for Goldman Sachs, had misled investors in a mortgage deal that went sour.Richard Drew/Associated PressFabrice Tourre, center, with his lawyers outside court. On Thursday, a jury found that Mr. Tourre, who was a trader for Goldman Sachs, had misled investors in a mortgage deal that went sour.
Updated, 10:03 p.m. | A former Goldman Sachs trader at the center of a toxic mortgage deal lost a closely watched legal battle on Thursday, giving Wall Street’s top regulator its first significant courtroom victory in a case stemming from the financial crisis.
A federal jury found the trader, Fabrice Tourre, liable on six counts of civil securities fraud after a three-week trial in Lower Manhattan. The case had given both sides — the government and Mr. Tourre — a chance to repair their reputations.
For the Securities and Exchange Commission, a regulator dogged by its failure to thwart the crisis, the case offered a shot at redemption following one courtroom disappointment after another, including two similar mortgage-related cases that crumbled last year.
For Mr. Tourre, 34, who abandoned his trading career to pursue a doctorate in economics and become a teacher, the threat of being barred from Wall Street came second to the black mark on his name.
Five years after Wall Street risk-taking nearly toppled the economy, the S.E.C. has taken only a handful of employees to court in connection with the crisis; most cases have been settled. The agency has not leveled fraud charges against one top executive at a big bank.
“He was the one that didn’t get away,” one of the nine jurors, Beverly Rhett, said after the verdict. “The decision-making was a slow and arduous process,” said Ms. Rhett, a retired teacher who was juror No. 2. “We went over each item with a fine-tooth comb. We looked into the semantics and tried to understand them as best as we could.”
“We never felt there was anything that was cut and dry,” she added.
The S.E.C. threw innumerable resources at Mr. Tourre’s case, underscoring its importance to the agency. The onslaught began when the S.E.C. opened an investigation into Goldman after the 2008 crisis.
Matthew Martens, the lead lawyer for the S.E.C., called the case an "assault on greed."Justin Lane/European Pressphoto AgencyMatthew Martens, the lead lawyer for the S.E.C., called the case an “assault on greed.”
Lorin Reisner, then the No. 2 enforcement official at the agency, conducted all the pretrial depositions, a task typically assigned to lower-level investigators. When it came time for trial, the S.E.C. assigned Matthew T. Martens to lead the case, although he typically oversees the agency’s trial lawyers without acting as one.
“There is no denying the importance of this to the S.E.C. because it is a financial crisis case,” said Stephen J. Crimmins, a partner at the law firm K&L Gates and former deputy chief litigation counsel in the S.E.C. enforcement division, who was not involved in this case.
Yet even with the triumph over Mr. Tourre, the S.E.C. could still face scrutiny.
Some critics have questioned why the agency chose to make Mr. Tourre — a midlevel employee who was stationed in the bowels of Goldman’s mortgage machine — the face of the crisis. Rather than aim at a high-flying executive, the agency pursued someone barely known on Wall Street.
Those concerns also arose in another S.E.C. crisis-era case, in which a jury cleared a midlevel Citigroup employee, questioning why the agency had declined to charge more senior executives. Even Ms. Rhett, the juror, after reflecting on Mr. Tourre’s case, said, “I could characterize him as somewhat of a scapegoat.”
“There are bigger fish out there swimming fat and free, and they made a lot more money from the mess than Tourre ever dreamed of making,” said Erik Gordon, a professor of law and of business at the University of Michigan.
For its part, the S.E.C. notes that it has won about 80 percent of its trials under Mr. Martens and has sued 66 chief executives and other senior officers in cases related to the financial crisis. S.E.C. officials also note that the agency files cases only where they can be proved, even if that means not pursuing top executives insulated from the bad acts of their employees.
Andrew Ceresney, co-director of the S.E.C.’s division of enforcement, said in a statement: “We are gratified by the jury’s verdict finding Mr. Tourre liable for fraud. We will continue to vigorously seek to hold accountable, and bring to trial when necessary, those who commit fraud on Wall Street.”
It is unclear whether Mr. Tourre will appeal the verdict. A spokesman for Mr. Tourre declined to comment.
But a friend who dined with Mr. Tourre this week at Walker’s Restaurant, a pub near the courthouse, said he appeared upbeat while discussing his doctoral program at the University of Chicago. “He doesn’t really care and finds the entire thing politically motivated,” the friend, who spoke on the condition of anonymity, said about the S.E.C.’s case.
After two days of deliberation, the nine-person jury concluded that Mr. Tourre had misled investors about the mortgage deal at the heart of the case. Of the seven charges against Mr. Tourre, the jury found him liable on six. He was found not liable of perhaps the most specific fraud charge, which contended he had knowingly made an untrue or misleading statement.
Juror No. 9, Leonel Lopez, 27, who works in advertising, said, “I found Mr. Tourre’s testimony to be genuine and the defense’s case solid, but the evidence suggested that a number of S.E.C. violations had occurred.”
As the verdict was read on Thursday, Mr. Tourre sat emotionless, briefly glancing at the jury before fixing his stare elsewhere. When the jury shuffled from the courtroom, few made eye contact with him. Minutes later, he departed the building, carrying a copy of “The History of the Decline and Fall of the Roman Empire” by Edward Gibbon.
Judge Katherine B. Forrest has the final say on the penalty Mr. Tourre must pay, be it forfeiture of profits or a fine. The fine could range from $5,000 to $130,000 for each violation.
Mr. Tourre could also be barred from the securities industry, but that decision lies solely with the S.E.C.
The S.E.C.’s victory reopens some wounds for Goldman, which is paying for Mr. Tourre’s defense. Inside the bank, employees had been quietly cheering for Mr. Tourre, whom one executive called “the poor kid.” Viewing the S.E.C.’s case as thin, the executives saw Mr. Tourre as a proxy for the fight they wanted to wage with regulators.
Goldman settled with the S.E.C. in 2010, paying what was at the time a record $550 million fine. The bank conceded that it had made a “mistake.”
On Thursday, a spokesman for Goldman Sachs said, “As a firm, we remain focused on being more transparent, more accountable and more responsive to the needs of our clients.”
The verdict comes three years after the S.E.C. thrust Mr. Tourre into the spotlight with civil charges and a series of embarrassing e-mails. Those e-mails, in which Mr. Tourre referred to a friend’s nicknaming him the “Fabulous Fab,” a moniker that has come to define Mr. Tourre’s persona, transformed him from an obscure trader into a symbol of Wall Street hubris.
The S.E.C.’s case against Mr. Tourre hinged on the contention that he and Goldman sold investors a mortgage security in 2007 without disclosing a crucial conflict of interest: a hedge fund that helped construct the deal, Paulson & Company, also bet that it would fail. In his opening argument to the jury, Mr. Martens, the S.E.C.’s lead lawyer, depicted the commission’s case as an assault on “Wall Street greed,” arguing that Mr. Tourre created a deal “to maximize the potential it would fail.”
Mr. Tourre was living in a “Goldman Sachs land of make-believe” where deceiving investors is not fraudulent, Mr. Martens declared on Tuesday.
Throughout the trial, Mr. Martens invoked documents that Goldman had submitted to investors — including a term sheet and a 66-page marketing book — in which the bank said that the deal was “selected by ACA,” an independent company, without reference to Paulson & Company. Mr. Martens also cited an e-mail in which Mr. Tourre stated that the riskiest slice of the mortgage trade — a piece typically bought by someone betting that the deal would succeed — was “precommitted,” when in fact it was not even going to be offered.
The S.E.C. also used some of Mr. Tourre’s love notes to a girlfriend who worked at Goldman to impugn his credibility. In one e-mail, he joked about selling toxic real estate bonds to “widows and orphans.”
On the witness stand, Mr. Tourre acknowledged that the e-mail had been “in poor taste.”
But he was confident that he did nothing wrong. “I am here to tell the truth and clear my name,” Mr. Tourre, whose fresh face and diminutive stature suggest he is much younger than his age of 34.
His lawyers portrayed him as a scapegoat who was 28 at the time of the crisis. The lawyers also noted that senior Goldman executives had approved the deal.
“The idea that Fabrice Tourre, a 28-year-old vice president, was conjuring up a $1 billion fraud, or conspiring with others, is just not supported by the evidence,” Sean Coffey, one of his lawyers, said during his closing arguments.
Mr. Tourre’s lawyers have argued that what Paulson & Company was doing should not have mattered to investors. The trade in question had to have an investor who was betting it would fail, and another betting it would rise — a fact each side knew.
The verdict calls into question the decision by Mr. Tourre’s lawyers not to call a single witness, a show of confidence that failed to impress a jury that also included a minister, a graphic designer and a former stockbroker. Some jurors appeared to nod off as the case became bogged down in financial minutiae.
On Thursday, as they emerged from the courthouse, several jurors appeared troubled. “It was intense,” one said. “Exhausting,” said another.
The mood was upbeat at a Starbucks down the street, where the S.E.C.’s legal team took shelter from the rain after the trial. They stood in a group near the doorway, tapping on their smartphones as they arranged train tickets home to Washington.
Mr. Tourre returned to the same place he had started each day: a cramped conference room in an apartment building next to the courthouse. Mr. Tourre, said one person in the room, was the only one there who was upbeat.
The war room, as his lawyers called it, was typically full of tinfoil containers from nearby fast food restaurants. A white board listed names of witnesses. Mr. Tourre often camped out in a smaller room littered with empty Diet Coke cans.
“It’s home right now,” he said recently, shrugging his shoulders.
William Alden, Michael J. de la Merced and Alexandra Stevenson contributed reporting.

This post has been revised to reflect the following correction:
Correction: August 5, 2013
An article on Friday about the civil trial of Fabrice Tourre, a former Goldman Sachs trader, misstated the surname of one of the jurors in two references. As the article correctly noted elsewhere, she is Beverly Rhett, not Rhetts.

網誌存檔