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Stitcher
Re-Awakened Technologies Inc
1774
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Posted - 2013.08.02 19:14:00 -
[1] - Quote
Remember what happened when somebody tied to take the CPD to court?
I do. A Provist agent walked up to the bench, served the judge with an executive order to abort the trial, and the powers of the Caldari Business Tribunal were then brutally pruned back.
I suspect that the Kalakiota board were rather more shrewd than the plaintiff at the heart of that particular incident. They knew something similar would happen if they openly defied Heth, and so they played for time. Successfully, in the event.
A system does not have to work instantly after all. In the end, it DID work - the tumor has been excised and we're on to the next chapter in Caldari history, at long bleeding last. The fact that it took five years should be an indicator of just how problematic the issue really was, rather than an indicator of any lack of competence on the part of KK's directors. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1774
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Posted - 2013.08.02 19:58:00 -
[2] - Quote
Indeed you did not. you were among the defendants.
I did say that the KK board were likely more shrewd than the plaintiff, did I not? An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1774
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Posted - 2013.08.02 20:31:00 -
[3] - Quote
if the CPD weren't involved at all, they wouldn't have shut the trial down. The fact is that, although the CPD wasn't among the defendants, the action in question had to do with missions commissioned by, and carried out on behalf of, the Heth administration.
Anyway, Priano-haani:
Quote:What's important to the embezzlement charges is that he had the legal authority to do what he did at the time.
Except that, in fact, he didn't. He had the ability to do it, and the ability to demolish anybody who tried to stop him, but he didn't have the legal authority. What he was doing was thoroughly illegal, but nobody at the time had the ability to prevent him
He's being charged today for crimes he committed yesterday. As is the case for all charges and trials. It has never happened the other way round, and indeed can't thanks to elementary causality. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1774
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Posted - 2013.08.02 21:00:00 -
[4] - Quote
They must also have the option of not taking it, knowing the consequences.
Admiral Yanala was not in fact given that alternative, from what I have heard. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1777
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Posted - 2013.08.02 21:33:00 -
[5] - Quote
Makoto Priano wrote:Under what law is Heth not allowed to direct funds of the corporation he is chief executive officer of?
The embezzlement laws, Priano-haani. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1777
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Posted - 2013.08.02 21:42:00 -
[6] - Quote
Really? YOU are going to attempt to hold forth on flexible thinking and alternative courses of action?
You couldn't be less qualified if you were a steel bulkhead. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1795
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Posted - 2013.08.02 23:41:00 -
[7] - Quote
Makoto Priano wrote:Hakatain-haan, I'm currently in consultation with counsel to clarify how exactly Heth isn't likely to have embezzlement charges stick. I can give you logs of the neocom chat following, if you'd like, but will be able to provide a point-by-point summary of the law in several hours' time.
My apologies for our heated exchange; it does neither of us any honor.
I assure you, if the exchange is heated, it is only heated on your end.
Regardless - funds were transferred to a non-corporate account without the authorization of the Board. Being CEO does not automatically give a person unlimited freedom to do whatever they wish with the corporate funds and call it valid. The CEO may be invested with authority, but that authority is not unlimited, nor does it render them technically incapable of embezzlement or corruption.
If your legal counsel advises you that it is functionally impossible for a CEO to embezzle, then I advise you fire them and hire somebody competent. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1801
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Posted - 2013.08.03 15:33:00 -
[8] - Quote
Makoto Priano wrote:In the first place, while you are certainly right that transfer of funds without the board of director's approval is a key element in embezzlement, you are evidently stating that the Kaalakiota board of directors was not aware of the transfer of funds to the Providence Directorate.
As so much of what you said hinges on this point, I hope you'll forgive me for addressing it alone.
It is possible for an event to happen without another party's consent, but with their knowledge. The appropriate term in this case would be "coercion".
The CPD ruled with bullying tactics and threats, kirjuun. And no, I'm not suggesting that the board would have capitulated to those threats out of weakness, I'm proposing that they may have capitulated out of prudent pragmatism.
Capitulate today so as to see justice done tomorrow? Or mount an ineffectual protest today and be robbed of the opportunity forever? I know which one I'd choose.
An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1803
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Posted - 2013.08.03 22:14:00 -
[9] - Quote
I tend to take the view that the legal counsel of the Kaalakiota board must be at least as competent as that which is available to any of us capsuleers, Priano-haani. If they are of the opinion that they can make an embezzlement charge stick, I don't feel qualified to disagree. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1806
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Posted - 2013.08.04 11:19:00 -
[10] - Quote
let's be clear on this - Heth's position on the CEP was illegitimate from the start. The reason the CEP never stood up to him was because he had the overwhelming majority of the State's citizens at his back, ready to riot if they sensed any hint of something which might be construed as nepotism. If they had, it would have been a disaster for the State both economically and politically. At the very least it would have cemented his position and allowed him to enact more sweeping changes than he actually did. The ones he DID implement were aggressive enough.
To borrow a quaint Gallentism, he had the megas by their short-and-curlies.
It took them five years to disentangle themselves and oust our illegitimate dictator, and I consider that to be a feat of incredible speed and competence given how popular he was back in YC111. It speaks to the CEP having understood what their best strategy was probably before Heth's first sortie into their meeting room. They must have read the political wind within minutes of the Caldari Constructions takeover, and formulated a long-term strategy, the first step in which was "Bide our time".
He was his own worst enemy in the end of course, but if you're suggesting that the Panel could have just stonewalled him from the off, then your memory of the swell of popularity that was at his back is fuzzy. They played the slow, sure game rather than the aggressive, potentially disastrous one, and have grown in my esteem as a result. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1807
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Posted - 2013.08.04 19:11:00 -
[11] - Quote
In this respect the Gallente are entirely correct - what the citizen majority want, the citizen majority get. The top floor of a tower could not exist without the foundations supporting it. Any CEO understands this - if your corporation is of one mind and you are of another, there's little you can do. When you're no longer trusted to be in the driving seat, you shall be replaced.
The philosophy of meritocracy versus democracy is that leadership should have earned the position through competence, rather than popularity, and should be motivated primarily by their duty to see their corporation and the State succeed, and whose punishment comes from failing in that duty. As opposed to being motivated by tenure.
What we got in Heth was a leader given his position through popularity, and whose motive was neither duty nor tenure, but hatred.
Perfection is an impossible dream. But I think we've learned some things here and I suspect it'll be dark on a star long before the Caldari public make the mistake of investing so much trust and adoration in an individual again. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1834
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Posted - 2013.08.07 01:50:00 -
[12] - Quote
Oh, Kaalakiota's in no danger. Its net worth may have taken a hit, but at absolute worst that's dropped it to second or third-largest of the megas. And frankly, I'd be surprised if that had happened, too.
You don't need to sing the corporate anthem here, Gesakaarin-haani. I very much doubt that anybody seriously believes in the imminent demise of KK and if they do then they're not exactly a credible intellect that needs to be paid much heed anyway.
After all, Ishukone has been through far worse, and is doing just fine. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1842
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Posted - 2013.08.08 10:23:00 -
[13] - Quote
Vikarion wrote:Now that we have Heth off our backs, I think it might be time to remember the grievances he played oncultivated, only without the baggage of his presence.
I corrected a small error in your post. Hope you don't mind. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1886
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Posted - 2013.08.09 15:57:00 -
[14] - Quote
Suuli. while you and I agree on much, I don't think it can reasonably be called "not so bad" when a dictator gives somebody a choice between obedient suicide and defiant execution, and they choose defiant suicide.
As honourable as the ancient use of the Tea as a mode of protest may be, it was always, and remains, a catastrophic waste of a competent, experienced and principled individual.
Whether she drank the tea as repentance for ever following Heth, as repentance for not following him, or else had refused and wound up being shot, the fact is that the death of Visera Yanala is just such a catastrophic waste. The fact that she was able to turn his proferred method of suicide into an act of defiance rather than of obedience does nothing to mitigate that.
She sacrificed herself to destroy him. THAT's the bit that softens the blow, and the reason why she'll be remembered as one of the State's heroes. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1886
|
Posted - 2013.08.09 16:16:00 -
[15] - Quote
Well said, although I'd still argue that it wasn't so much "good of him" as "very slightly less unforgiveable". An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1909
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Posted - 2013.08.10 00:29:00 -
[16] - Quote
Desiderya wrote:A martyr's death is rarely a waste.
I would have argued that the only way to become a martyr is to be wasted. Martyrdom is the salvaging of some value and inspiration from a tragic death.
An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1926
|
Posted - 2013.08.11 12:55:00 -
[17] - Quote
She does not understand what it is to be Caldari, and yet rants about it constantly.
As far as I'm concerned, she's an anti-citizen, and not worthy of the calories expended in discussing her. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1959
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Posted - 2013.08.12 14:25:00 -
[18] - Quote
Morwen Lagann wrote:Diana Kim wrote:[...] why the Federation must be destroyed. Drink!
Andreus Ixiris wrote:Morwen Lagann wrote:Drink! Way ahead of you.
I'll alert your clone contractors to prepare some new livers for the pair of you. If you're going to drink every time she says that, you'll have cirrhosis by Friday. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
1963
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Posted - 2013.08.12 16:34:00 -
[19] - Quote
A hint for Diana Kim: when you manage to inspire Vikarion to say something with which I unreservedly and wholly agree, you have officially hit rock bottom. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
2070
|
Posted - 2013.08.16 00:50:00 -
[20] - Quote
Frankly, if 40% of your personal wealth is enough to shore up a megacorporation, the remaining 60% means you're not taking that much of a risk anyway.
Still, I thoroughly approve of the move. Haatakan Oiritsuu demonstrates her shrewdness and acumen once again. Next to the blunt force trauma of the previous CEO, her particular brand of wily sagacity is going to be refreshing to watch. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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Stitcher
Re-Awakened Technologies Inc
2170
|
Posted - 2013.08.22 08:52:00 -
[21] - Quote
Well, he did get a star system named after him. That's a rare honour. An in-character blog and a video: http://verinsjournal.blogspot.com http://www.youtube.com/watch?v=tu1mbsgo738
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