Thursday, November 12, 2009 

Craig Murray legally threatened by Quilliam Foundation.

At the beginning of last week I wrote on how Melanie Phillips had responded to an attack on her by Ed Husain, of the Quilliam Foundation, by making the exact arguments that he predicted she would - attacking him as still being an Islamic extremist despite now dedicating himself to helping those who had became radicalised.

Mel at least didn't set m'learned friends after Husain for his piece. That is however exactly what the Quilliam Foundation has done to Craig Murray after he reported, with good faith, that the Foundation, a charity which relies on the government for funding, had not published any accounts as of yet, in this post.

It does though seem that some of those in Quilliam who have past experience with subterfuge have put it to good use. Yesterday Craig received a phone call:

A man telephoned me and said that he had been following my blog for some time and was most impressed by it, and would like to know how to make a donation. I replied truly that I was extremely grateful, but the website really was just me, and therefore I did not request donations, unless for some specific expense like an election campaign.

You may be surprised to hear that people do not generally phone me up out of the blue and offer cash, so I was a bit suspicious. I did go on and suggest that if he wanted to be helpful he could buy my books, but he lost interest in the conversation very quickly in a manner that just seemed wrong compared to his initial eagerness.


Craig continues:

So when I got a letter today from lawyers threatening libel action, I wondered if this was an attempt to get financial information on what funds they might target. So today I phoned him back. He gave his name as Ed, so I asked directly if he was Ed Husain or Ed Jagger of the Quilliam Foundation. At first he replied "I am not Ed Husain". I had to ask again before he admitted he was indeed Ed Jagger of the Quilliam Foundation.

I put it to him that he had lied when he phoned and said he wanted to make a donation. He said that he just wanted to establish my contact details for the lawyer. I said that if he had asked me openly and honestly, I would have told him. He concluded by saying that any further communication should be through our lawyers (which will be tricky as I can't afford one: Unlike Jagger I am not funded by taxpayers' money.)

I don't suppose there is any law against Mr Jagger telephoning and lying to me about wishing to make a donation. Indeed I would write it off as a harmless ruse, and amusing he had been caught. But for an organisation funded by the taxpayer to telephone someone and lie to them is quite a different thing.

Should anyone wish to make that point to Mr Jagger, the number from which he telephoned me was 07780 685592.

Quite charming behaviour, I would say. Also charming is the lawyer's letter, from Clarke Wilmott LLP, which takes Craig's initial post and reads it in the most hyperbolic fashion imaginable. Apparently, it "constitute[s] express, clear and obvious statements to the effect that The Quilliam Foundation has acted illegally, that it is engaged in financial and accounting impropriety and that ... this impropriety is directed particularly to reward the directors of The Quilliam Foundation favourably and disproportionately". A level of disproportionality equivalent to Israel's attack on Gaza, perhaps?

Not that Clarke Wilmott has actually provided any evidence whatsoever that Quilliam has filed its accounts, despite the threatening letter, although as Unity points out in the comments, according to the Companies House website they filed them on the 10th of this month, 6 days after Craig's post. Craig's post was then at the time correct; only now that it is not have they complained about it, and rather than asking for it be clarified, they've sent the lawyers in with ominous demands for recompense.

As Craig suggests, for an organisation ostensibly set-up to defend Western values, the attempt to stifle criticism only after the foundation has actually responded to that criticism is rather at odds with their commitment to free speech. Still, the uses of public money, eh?

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Thursday, March 19, 2009 

A depressing pyrrhic victory.

The only possible way you can describe Barclays' depressing legal victory over the Guardian, Mr Justice Blake ruling that the paper cannot republish the memos detailing the workings of Barclays' Structured Capital Markets team is as a pyrrhic one. The Guardian, in its own editorial, more than sums it up when it states that all that Barclays has achieved is to shut the stable door after the horse has not just bolted, but completely disappeared from view. This is thanks to the documents being immediately mirrored by Wikileaks, where they still reside and where they can be downloaded from a server in this country, in defiance of the injunction. The terms of the injunction mean that the Guardian cannot even point people in the direction of where they can find them or "incite" others to publish; all they will have to do instead is Google for them, where they'll quickly find them.

Part of Justice Blake's justification for ruling against the Guardian was that he didn't believe that the documents had spread far enough for their confidentiality to have completely broken down. This is clearly nonsense: all those that Barclays wanted to hide these documents from have not only got them, they've been poring over them now since Tuesday, whether they be HMRC, Barclays' rivals, or anyone else with the slightest grudge against the bank. The Grauniad refers to the House of Lords ruling on Spycatcher, that you cannot put the melting ice cube back into the freezer. That is more than apt: through the ban the only people who are being denied from being allowed to see what everyone else has is those who are either without the internet or those that have never heard of Wikileaks and can't properly use a search engine.

Equally weak was Blake's second argument. He agreed that the Guardian can report on the contents of the documents, as that is in the public interest; not in the public interest is the unexpurgated publication of the documents in full, containing legally sensitive matters and other confidential information. There are some obvious flaws in this: how is the paper meant to know firstly what is considered legally sensitive and confidential and what isn't? Their lawyers' might come to predictability different conclusions from those of Barclays'. This appears to have the potential to be a slippery slope; how else can a paper know what is sensitive unless they first consult the people they are preparing to expose and give them the opportunity to halt publication in its entirety? Ideally, journalists should do this anyway, but there are certain situations where if they did on an incredibly important story, undoubtedly in the public interest, they could end up not being able to publish anyway. In cases such of that as Max Mosley, there ought to be no question of the person being informed beforehand; when it involves politicians being accused of corruption or corporations being accused of blatant and artifical tax avoidance, there is a good argument for not doing so. Furthermore, why shouldn't the general public be able to view the source material for such exposes and be able to make their own minds up where it is possible for the hacks to provide such a service? Journalists cannot always be relied upon to report accurately what is in things which they either come across, investigate or are handed to them, especially when it comes to such incredibly complex and difficult to understand matters as tax avoidance. The Guardian itself is has an example of this, having misinterpreted how Tesco was operating a tax avoidance scheme and wrongly claiming that they were avoiding corporation tax to the tune of £1bn when they were in fact avoiding stamp duty land tax on a much lesser scale.

Blake also suggested that "if the debate can flourish without the publication of the full documents, that is a highly material factor". But none of the articles in either the Graun or the Sunday Times begins to cover in anything approaching forensic detail just what is discussed and proposed in these documents; they just give a broad summary. Debate can flourish without them being freely available, but that is not truly informed debate. The best summation of what they contain was made by Alan Rusbridger in his statement to the court:

"I considered these documents to be of the highest significance in the debate about tax avoidance.

"They revealed at first hand the processes involved in structuring extremely complex and artificial tax avoidance vehicles; how lawyers and accountants worked together to exploit loopholes in government legislation; and the degree to which they are sanctioned at the highest levels within Barclays."


Only by examining the documents first hand do you fully understand just how Barclays' SCM team operated and operates. Blake's decision has slammed the door on one source of light, but the others remain wide open.

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Tuesday, March 17, 2009 

The smartest guys in the room get hot under the collar.

It would be nice to think that with various tax havens having to promise to be rather more transparent in their operations than they have been previously, threatened with being "named and shamed" by the OECD, that the actual businesses which exploit such havens would be following a similar trajectory. The sad reality is that both will continue to get away with it just as they have in the past: they'll wait for the current mood to slowly wither away, as it will when the economy eventually recovers, and then the same old lawyers and same bean-counters will be back to doing what they do best, letting the rich and powerful get away it while castigating the scum at the bottom who dare to fiddle their benefits.

Barclays however hasn't even bothered with letting it all blow other. Despite being in negotiations with the Treasury, threatened by its toxic assets, which it wants the government to insure, it still succeeded in gaining an injunction against the Guardian, stopping it from hosting documents detailing "Project Knight", a tax avoidance scheme devised in Feburary 2007 which could have seen the bank save between £40m to £60m in a single year. This is despite the fact the scheme is not illegal, and that Barclays even says that it fully informed Her Majesty's Revenue and Customs of what it was doing. Why then is it so desperate for the documents not to enter the public domain? Is it ashamed of what it was doing, legal though it was? Barclays' lawyers Freshfields argued that the documents were property of the bank, and that could only have been acquired by someone who had breached confidentiality agreements.

Sadly for Barclays, either the documents were up long enough for someone to mirror them, or they were also distributed to Wikileaks, increasingly becoming vital against legal threats of all varieties, where they are still fully available. Not just is the proposal for Project Knight included, but also documents detailing the setting up of a "Brazilian Investment Strategy", "Project Brontos", "Project Berry II - Investment in Index Linked Gilts", "Project Faber", "Project Valiha" and a memo detailing the minutes of a meeting of Barclays' Structured Capital Markets team concerning the setting up of an office for SCM in Luxembourg. Most interesting to do with the injunction issued against the Guardian is the involvement of Freshfields with Project Faber. Normally you would imagine that Barclays would have employed a separate legal firm to deal with the media, as Freshfields is ostensibly only involved with business law advice, but in this instance they seem to have decided not to do so. This raises a potential conflict of interest because the document on Project Faber details Freshfields' legal advice on the tax risk which the project would incur, and unlike the other documents where the risks are summarised fairly succinctly, Freshfields goes into quite some detail on five specific UK risks which Faber raises. Again, there's no suggestion here that either Barclays or Freshfields has done anything specifically illegal, but it also certainly seems to be in Freshfields' interest, as well as Barclays', to stop the documents from entering the public domain.

I won't pretend that I understand much of these documents, nor probably would 99% of the other people in the country, unless we had the likes of "Slicker" from Private Eye personally explaining them to us, but Richard Murphy is another man who does and who was asked by the Sunday Times to look at them after they were first passed them but didn't publish them in full. He described Project Valiha thusly:

It is designed so the money goes round in a big circle and comes back to Barclays so that they make £99m in tax savings without taking any risk at all. The whole thing takes three days.


As for the others:

“They work on the basis of exploiting tax regulations and the laws of different countries. They don’t generate any real profit for anyone, but they do save vast amounts of tax that they would otherwise pay.”

The Sunday Times claimed that Barclays might have been saving up to £1bn in tax through the various schemes, something the bank has vigorously denied. Murphy has though commented rather further on the schemes, of which it seems there might be even more which haven't turned up on Wikileaks:

I’ll tell you what I think is going on with Barclays. In my opinion it has constructed a series of wholly almost entirely artificial transactions undertaken through a significant number of separate legal entities, most under the control of Barclays itself, but some, inevitably, owned, or controlled (and in these deals it is always difficult to define what that might mean, deliberately) by the counterparty to the transaction - in most cases banks such as Goldman Sachs, Deutsche Bank, Credit Suisse, Fortis and so on.

Those entities have been in a number of jurisdictions, the UK and the Cayman Islands being the most common, but Luxembourg also being a participant. Some have been limited companies, some limited liability partnerships.

Some of those entities, even when incorporated elsewhere are tax resident in the UK, and some are not.

Some account under International Financial Reporting Standards. Some account under UK accounting standards.

It would seem that Barclays are trying to realise profits that they have ‘manufactured’ in most cases through these immensely complex structures by arbitraging (trading off) international taxation law, company law in various jurisdictions and even accounting standards, to achieve taxation results that mean that profits are realised or sold without taxation liabilities arising for Barclays.

The result has been a deliberate attempt to defraud – by which term I mean seeking to secure a financial advantage by deception, although not (I stress) illegally.

The deception has been on three parties. The first has been tax authorities who despite their brave statements to the contrary did not, I suspect, know the full details of some of these arrangements. It would seem that some may not have been disclosed to them.

Secondly, Barclays have sought to defraud (using the above definition) the taxpayers of the UK and maybe elsewhere who have not received the funds rightfully due to them on profits declared.

Thirdly, I think they have defrauded (using the above definition) their shareholders by declaring profits which were not, in my opinion, sustainable and which were manufactured through preconceived and structured financing deals in which the counterparties played a remarkably small part in exchange for what was, in effect, a fee to allow Barclays to record realised profits by turning the manufactured profits into third-party transactions.


This seems to be the real reason why Barclays is so desperate to keep the documents out of ordinary people's hands. They realise that they are some of the first real hard evidence to emerge of just how specialist teams within the banks sought to avoid tax, and who were subsequently incredibly richly rewarded for their work, with Murphy claiming that the head of Barclays' SCM division may well have been earning an astonishing £40m a year (other sources claim it could be £75m, for which see this revoltingly sycophantic article), about the same amount as that which one of the schemes would have saved the bank. In order to offset such huge remuneration, the profits from the avoidance would have had to have been far higher, and the £1bn a year figure no longer looks as nonsensical as Barclays claim. It somewhat puts Fred Goodwin's pension, even the £3 million lump-sum we now know he received into perspective, hence why Murphy has put up a further four posts on what should be done. At the very least we need to stop apologising for and excusing tax avoidance and demand that companies, in the words of Alistair Darling, don't just adhere to the letter of the law but also the spirit of it. Great public anger over the bailing out of the banks has not yet reached boiling point, but the Barclays revelations may just push the mercury further towards the top.

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Monday, January 12, 2009 

The Catholic Orangemen of Togo.

Quoting Craig Murray:

Lawyers Schillings, acting on behalf of mercenary commander Tim Spicer, persuaded my publisher to pull out of publishing my new book, The Catholic Orangemen of Togo and Other Conflicts I Have Known. Tim Spicer has made millions from the war in Iraq, and the UK has become notorious for the ability of the rich to close down criticism because of the massive costs - often hundreds of thousands of pounds - of defending a legal action.

There is access to the courts in big libel cases only for the ultra-rich. So much so that just a simple letter like this
http://www.craigmurray.org.uk/Schillings.pdf
can kill a book. This process is known in the trade as "Chilling". Schillings are the acknowledged leaders in chilling.

But the law was formulated in an age when a limited number of printing presses were the only means of mass communication. Not only does this not apply in the digital age, but by using the "Streisland effect" we can make sure that any attempt at "Chilling" results in ten times more people actually reading the book. Eventually this will discourage clients from using firms like Schillings, and hopefully put the leeches of repression out of business.

So as a lesson to Schillings and their potential clients, here is The Catholic Orangemen of Togo and Other Conflicts I Have Known. I am making it available across the internet, absolutely free to read. You can find it here:
http://www.septicisle.info/murraytogo.zip (PDF files)

Let me be clear: there is no libel in this book - it is all true and based on my own eye-witness account. It contains not libel, but rather truth some people wish to hide.

It is going online in the next 24 hours in over thirty jurisdictions - Schillings will have their work cut out trying to get all those taken down, and it would make a dent even in Spicer's bank balance to try.

So please read it, pass it around, copy it and post it to your site. You will be striking a blow for freedom, and you will ultimately contribute to making libel lawyers poorer.

If you want a hard copy, I have self-published and had some privately printed. You can buy it here.
http://www.craigmurray.org.uk/archives/2009/01/buy_the_catholi.html

I should be most happy if people wished to buy the book - you can widen the effect by giving it as a present! My last book, Murder in Samarkand was a non-fiction bestseller, so Schillings have cost me a lot of money. It will be more than worth it if we can get the truth out more widely, and strike a blow against the libel laws.

The blurb reads:

Craig Murray's adventures in Africa from 1997 to 2001 are a rolliciking good read. He exposes for the first time the full truth about the "Arms to Africa" affair which was the first major scandal of the Blair Years. He lays bare the sordid facts about British mercenary involvement in Africa and its motives. This is at heart an extraordinary account of Craig Murray's work in negotiating peace with the murderous rebels of Sierra Leone, and in acting as the midwife of Ghanaian democracy. Clearly his efforts were not only difficult but at times very dangerous indeed. Yet the story is told with great humour. Not only do we meet Charles Taylor, Olusegun Obasanjo, Jerry Rawlings and Foday Sankoh, but there are unexpected encounters with others including Roger Moore, Jamie Theakston and Bobby Charlton! Above all this book is about Africa. Craig Murray eschews the banal remedies of the left and right to share with us the deep knowledge and understanding that comes over 30 years working in or with Africa. Gems of wisdom and observation scatter the book, as does a deep sense of moral outrage at the consequences of centuries of European involvement: even though he explains that much of it was well-intentioned but disastrous.

And already Murray's book is making waves due its stinging criticism of the transformation of the Commonwealth Development Corporation, which has also been the focus of much attention in Private Eye of late:

Lady Amos, who was international development secretary and leader of the Lords in Tony Blair's government, has taken up a directorship with an African private equity firm, three months after it received over £15m from a Whitehall agency wholly owned by her former department.

The timing of Amos's appointment was described as "a coincidence" by the Commonwealth Development Corporation (CDC), which approved the cash – amounting to nearly 30% of the funds raised by Travant Capital Partners, based in Nigeria.

Craig Murray, the UK's former ambassador to Uzbekistan, attacks the appointment in a new book published this week. He says: "It says everything about New Labour that CDC, which ... used to run agricultural projects to benefit the rural poor, was rebranded ... with a new remit to provide most of its funds to the financial services industry. It says even more about New Labour's lack of the understanding of fundamental personal ethics, of their embrace of greed, that they see no reason why one of their former senior ministers should not move to benefit personally from the DFID [Department for International Development] money – even if through a 100% owned satellite – thus invested."


Having not had much time to look at it until now despite Craig e-mailing it me around a month ago, just reading the first couple of pages immediately hooks you in, Murray's engaging prose and casual but endearing style an absolute treat that's well worth indulging. Sticking one up Schillings and help with the distribution, however slight, is the very least I could do.

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Friday, December 05, 2008 

Solidarity, brothers!

One of the great untruths about the internet when it comes to libel is that more or less anything goes, and that it's fairly easy to get away with saying the most outrageous things about absolutely anyone. This is only the case when you get a great lumbering bulk of an individual or company weigh in, disgusting enough people that a Spartacus-like uprising manages to take place. It happened with Usmanov, when this blog amongst others was threatened by Schillings, resulting in the material which Usmanov had wanted to be squashed being spread like wildfire.

It'd be nice if something similar now occurred in defence of Dave Osler, Alex Hilton and John Gray, all of whom are being targeted by Johanna Kaschke, who is, to put it mildly, a fascinating character. The trouble began when allegations arose of Kaschke's links to the Baader-Meinhof group, links which she vehemently denies. Far more interesting though is Kaschke's political nymphomania. Prior to April 2007, Kaschke was a member of the Labour party, and on the shortlist to be the party's candidate at the next election for the seat of Bethnal Green and Bow, currently held by George Galloway. Whether it was, as the East London Advertiser reports, their highlighting of Labour attempting to change the law to defeat a campaigner in the High Court over public housing, or that she only received one vote, as Dave Osler suggests is unclear. What is known is that Kaschke didn't stay long in Gorgeous George's organisation: she quickly shifted to one of the various Communist Party sects. Unsatisfied by her shift to the far left, she then forgave Labour and got back together with the party, before finally seeing the light and shifting to the right, settling on becoming a Conservative activist, seen earlier in the year with none other than Boris Johnson. Kaschke appears to have undergone a changing of political colours which sometimes takes place over a lifetime within the space of under a year.

Kaschke also seems to be rather precious about her own blogging output being so much as quoted by others, so instead we'll have to make do with just linking to it and quoting what she has said on other people's blogs. On her MySpace blog, for instance, she criticises George Galloway for being litigious, without any apparent trace of irony. Over on John Gray's original post on Ms Kaschke, she manages to contradict herself within a sentence:

I do not want you write anything about me anymore, I shall not comment about the ridiculous content of your shit blog, so just take it off. Its really ridiculous that you slate a fellow union member. you are an arshole.

She goes on:

He cheapskate, it may have escaped your non existing attention that Dave Osler has removed his blog connecting me with Baader-Meinhof, because he pays attention to his legal obligations, which is something I cannot say about you. I am asking you to remove the Baader-Meihof logo and name in connection with my name for the last time now before legal action may commence against you.

Her own internal contradictions don't however seem to bother her too much. Back in April last year she moaned to the ELA about how Labour had been "hijacked by a bunch of ultra-conservatives". She now happily links to amongst others, such ultra-conservative organisations as the Taxpayers' Alliance and the Libertarian Alliance. Indeed, Kaschke's rather strange political shiftings and what they might mean led to one of her complaints, after she was described in Dave Osler's comments as "one cherry short of a Schwarzwalderkirschtorte", which is the German, I believe, for bat-shit crazy.

One can only hope for a happy outcome. In the meantime, I think we can all agree that Kaschke ought to examine the precedent set by Arkell vs Pressdram.

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Thursday, October 02, 2008 

Censorship and freedom of speech.

Mirror of Craig Murray's post involving Tim Spicer, which his publishers are unwilling to publish due to legal threats from our old friends Schillings:

October 1, 2008

Censorship and Freedom of Speech

This is the key section from my new book which the publisher is unwilling to publish due to legal threats from Schillings libel lawyers, acting on behalf of the mercenary commander Tim Spicer:

"Peter Penfold was back in the UK. He was interviewed separately. Both Penfold and Spicer were interviewed under caution, as suspects for having broken the arms embargo.

Then, suddenly, Tony Blair intervened. On 11 May 1998, without consulting the FCO, he gave a statement to journalists. Penfold, Blair declared, was "a hero". A dictatorship had been successfully overthrown and democracy restored. Penfold had "Done a superb job in trying to deal with the consequences of the military coup." All this stuff about Security Council Resolutions and sanctions was "an overblown hoo-ha".

I believe this episode is extremely important. In 1998 the country was still starry-eyed about Blair, but with the benefit of hindsight, this intervention points the way towards the disasters of his later years in office. It is extraordinarily wrong for a Prime Minister to declare that a man is a hero, when Customs had questioned him two days earlier under caution over the very matter the Prime Minister is praising. It shows Blair's belief that his judgement stood above the law of the land, something that was to occur again on a much bigger scale when he halted the Serious Fraud Office investigation into British Aerospace's foreign bribes. But of course Blair's contempt for UN security council resolutions on the arms embargo, and the belief that installing democracy by invasion could trump the trivia of international law, prefigures precisely the disaster of Iraq. As with Iraq, Blair was also conveniently ignoring the fact that Sierra Leone was left a mess, with Kabbah in charge of little more than Freetown.

In the FCO we were astonished by Blair's intervention, and deeply puzzled. Where had it come from? It differed completely from Robin Cook's views. Who was drafting this stuff for Blair to the effect that the UN and the law were unimportant? For most of us, this was the very first indication we had of how deep a hold neo-con thinking and military interests had on the Blair circle. It was also my first encounter with the phenomenon of foreign policy being dictated by Alistair Campbell, the Prime Minister's Press Secretary, The military lobby, of course, was working hard to defend Spicer, one of their own.

A few days later Customs and Excise concluded their investigations. A thick dossier, including documentation from the FCO, from the raid on Sandline's offices, and from elsewhere, was sent to the Crown Prosecution Service. The Customs and Excise team who had interviewed us told me that the recommendation was that both Spicer and Penfold be prosecuted for breach of the embargo. The dossier was returned to Customs and Excise from the Crown Prosecution Service the very same day it was sent. It was marked, in effect, for no further action. There would be no prosecution. A customs officer told me bitterly that, given the time between the dossier leaving their offices and the time it was returned, allowing time for both deliveries, it could not have been in the CPS more than half an hour. It was a thick dossier. They could not even have read it before turning it down.

I felt sick to my stomach at the decision not to prosecute Spicer and Penfold. So were the customs officers investigating the case; at least two of them called me to commiserate. They had believed they had put together an extremely strong case, and they told me that their submission to the Crown Prosecution Service said so.

The decision not to prosecute in the Sandline case was the first major instance of the corruption of the legal process that was to be a hallmark of the Blair years. Customs and Excise were stunned by it. There is no doubt whatsoever that Spicer and Penfold had worked together to ship weapons to Sierra Leone in breach of UK law. Security Council 1132 had been given effect in British law by an Order in Council. I had never found in the least credible their assertions that they did not know about it. I had personally told Spicer that it would be illegal to ship arms to Sierra Leone, to any side in the conflict. Penfold's claim never to have seen an absolutely key Security Council Resolution about a country to which he was High Commissioner is truly extraordinary.

But even if they did not know, ignorance of the law is famously no defence in England. Who knows what a jury would have made of this sorry tale of greed, hired killers and blood diamonds. But I have no doubt at all - and more importantly nor did the customs officers investigating the case - that there was enough there for a viable prosecution.

The head of the Crown Prosecution Service when it decided not to prosecute was Barbara Mills. Barbara Mills is a very well-connected woman in New Labour circles. She is married to John Mills, a former Labour councillor in Camden. That makes her sister-in-law to Tessa Jowell, the New Labour cabinet minister with a penchant for taking out repeated mortgages on her home, and then paying them off with cash widely alleged to have come from Silvio Berlusconi, the friend and business colleague of her husband David Mills, who according to a BBC documentary by the estimable John Sweeney has created offshore companies for known Camorra and Mafia interests. Tessa Jowell and David Mills were also both Camden Labour Councillors, and are close to Tony Blair. Blair is also a great friend of Berlusconi, despite the numerous criminal allegations against Berlusconi and his long history of political alliances with open fascists. Just to complete the cosy New Labour picture, another brother-in-law of Barbara Mills and Tessa Jowell is Alan Rusbridger, editor of the Guardian.

Did any of those relationships of Barbara Mills, the Director of Public Prosecutions, affect the Crown Prosecution Service's decision not to proceed with the case, and to take that decision in less time than it would have taken them to read the dossier Customs and Excise sent them?

Barbara Mills was to resign as Director of Public Prosecutions later that year after being personally criticised in his judgement by a High Court judge who ruled against the Crown Prosecution Service for continually failing to prosecute over deaths in police custody. That has not stopped the extremely well connected Dame Barbara from being appointed to a string of highly paid public positions since then."

It is infuriating that, Maxwell-style, Spicer (who has made millions from the war in Iraq) is using the prohibitive costs of defending a libel case to intimidate my publisher. The result is that important information I received at first hand, and an account of events to which I am eye-witness, is being repressed, as is an important independent critique of early Blair foreign policy.

I am not currently confident the book will get published at all - I am not prepared to put out anodyne pap, which hides the truth, under my name.

I am not currently confident the book will get published at all - I am not prepared to put out anodyne pap, which hides the truth, under my name.

Cryptome has also posted the original Schillings threat in PDF form, mirrored here.

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Saturday, July 12, 2008 

Schillings after Murray again and weekend round-up.

The freedom of speech denying shysters at Schillings are once again threatening Craig Murray, this time before he's even published anything. Unity has the letter from the scumbags, reproduced here in full:

PRIVATE AND CONFIDENTIAL
Mainstream Publishing Company (Edinburgh) Limited
7 Albany Street
Edinburgh
Scotland
EH13UG

BY POST AND FAX: XXXX XXX XXXX
OurRef: SMS/JXR/ww/A131/3
ON THE RECORD
NOT FOR PUBLICATION
08 July 2008

Dear Sirs

The Road to Samarkand - Craig Murray

We represent Lieutenant-Colonel Tim Spicer OBE, C.E.O. of Aegis Defence Services Limited (”Aegis”).

We are instructed to write to you with regard to ‘THE ROAD TO SAMARKAND- INTRIGUE, CORRUPTION AND DIRTY DIPLOMACY’ (”the Book”) written by Craig Murray and due to be published in September 2008 by you (http://www.rbooks.co.uk/search results.aspx) to be sold in England and Wales by Random House Sales Department.

We have reason to believe that the Book may contain serious, untrue and damaging defamatory allegations about our client.

Please confirm by return whether the Book is due to be published in England and Wales in September 2008 and if so, the exact date. Please also confirm whether the Book is due to be published in any other jurisdiction, setting out each jurisdiction, together with the publication date and publisher concerned in each case.

Importantly, we require you to confirm by return whether or not the Book contains any reference to our client, and if so, we require you to set out in full each and every reference to our client in its entirety to give our client the opportunity to take legal advice and to respond to any allegations in good time prior to publication.

Any widespread publication of the Book containing defamatory allegations concerning our client would be deeply damaging to our client’s personal and professional reputations and would cause him profound distress and anxiety. We remind you that you would be responsible for that damage and any subsequent republication of the allegations. We also put you on notice that you will be liable for any special damage or loss suffered by our client as a result of the Book and we reserve all our client’s rights in this regard.

We note from your website http://www.mainstreampublishing.com/news_current.html that Mr Murray is due to speak about the Book at a ‘Mainstream author event at the Edinburgh International Book Festival’ entitled ‘Lived Lives’ on 12th August 2008 at 4.30pm in the RBS Main Theatre, Edinburgh. We hereby put both you and Mr Murray on notice that all our client’s rights are reserved in relation to any defamatory comments or publications made by you or Mr Murray in relation to that event.

Please immediately take into your possession all drafts of the Book pre-publication, all notes, emails, correspondence, memos, images and other documents relevant to the publication of this Book, and preserve them safely pending the outcome of this dispute. They will need to be disclosed in due course if litigation has to be commenced. Also, you will need to disclose the financial arrangements for the sale and licence of the Book to other publications.

In the circumstances, we require that you confirm immediately that you agree to undertake on behalf of Mainstream Publishing Company (Edinburgh) Limited not to publish any libels regarding our client in any editions of the Book or at all.

We require the above undertaking by 4pm on Friday 11h July 2008, failing which we will have no option but to advise our client with regard to making applications to the High Court for an injunction to restrain publication and/or for pre-action disclosure. You are on notice that we will seek to recover the costs of any necessary applications from you.

We await your response by return. In the meantime all our client’s rights are reserved, including the right to issue proceedings against you without further notice.
Yours faithfully

SCHILLINGS
cc. Craig Murray Esq.


As Murray himself says:

Schillings are a firm of libel lawyers dedicated to prevent the truth from being known about some deeply unlovely people. They managed temporarily to close down this blog (and several others) to keep information quiet about the criminal record of Alisher Usmanov. Now they are attempting to block the publication of my new book in the interests of mercenary commander Tim Spicer, one of those who has made a fortune from the Iraq War. It is sad but perhaps predictable that private profits from the illegal Iraq war, in which hundreds of thousands of innocent people have died, are providing the funding to try to silence my book.

Libel law in the UK is a remarkable thing - Schillings can go for an injunction when I haven't published anything about Spicer yet and they haven't seen what I intend to publish. People might conclude that Spicer has something to hide. You will see that they also are attempting to censor not only the book, but what I say at the Edinburgh Book Festival on 12 August. I can assure you that they will find it impossible to affect what I say about Spicer at that event.


Craig provides more information about Spicer and the mercenary outfit, sorry, I mean private security group, Aegis, that he is CEO of here, here and here. Aegis have used their legal talons before to shut down the website of a disaffected former contractor who had embarrassed the firm by hosting "trophy videos" of Aegis mercenaries, sorry, employees, shooting at Iraqi vehicles for no apparent reason. Having provided defence for a ghastly oligarch with a criminal record and with other serious allegations made against him, Schillings are now providing cover for those who have profited so handsomely from the Iraq war, lest anyone say anything unhelpful about their brilliant role in bringing democracy to that benighted country. It's difficult to give lawyers a worse name, but Schillings seem to be trying to up the ante considerably.

Elsewhere Harry's Place are also facing legal action from other unpleasant individuals, but then, who cares about Harry's Place?

Other things worth reading/perusing today:

Anthony Barnett: a new poll shows less than 10% of Labour members support 42 days

Erwin James interviews four young men in a YOI, and their stories are hardly typical of the evil yobs that the tabloids like to imagine are those who perpetuate knife crime

The always good value Marina Hyde on Abu Qatada

Three quite wonderful articles/posts by Rachel North

Oh, and today is this blog's third birthday, like you care. It feels more like twenty.

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Monday, November 19, 2007 

Send in the lawyers.

Following on from the removing of comments from her blog after she idiotically accused Ben Goldacre of being involved in a "serious breach of parliamentary procedure" for downloading evidence freely available from said committee's website, Nadine Dorries is now threatening to send in the suits against Alex "Recess Monkey" Hilton after he posted a screengrab of her 22-year-old daughter's Facebook profile on his front page (now removed, replaced with this post), a grab which contained the use of one or two racial epithets:

Unfortunately, today’s blog is a rebuttal in defence of my family. As an MP I don’t mind it if people want to take a pop at me – it comes with the territory. However, not my kids.

Every young person I know has a Facebook profile, my daughters are no exception and use it to keep in touch with their friends. Unfortunately Alex Hilton, aka Recess Monkey, had no scruples about trawling through my daughter’s profile in order to damage her reputation.

My daughter’s face book account was the No 1item on his web site for a number of days.

A comment on my daughter’s site had been left by one of her best friends Chido Kawunda. Chido used the ‘N’ word when discussing this year’s Big Brother incident with Charlie.

It has to be said that involving children in political disputes, regardless of the details, is rightly looked down upon. Dorries might have more right to complain however if she hadn't herself liberally splashed photographs of her offspring all over her blog, which just invites snooping. In any case, if Hilton had wanted to especially damage Dorries he would have gone and named the woman in the photograph as Dorries' daughter; he instead asked readers to guess. Oh, and I don't have a Facebook profile, but that might be because I don't have any friends.

That isn't quite enough for Dorries though:

Alex Hilton attempted to insinuate that the comment was made by my daughter in a derogatory way about black women. This is definitely not the case – ask Chido; and by the way, the issue is now on it’s way to Simon Smith at Schillings , to ask his advise as to whether or not this matter is libel and actionable. http://www.schillings.co.uk/Display.aspx?&MasterId=af8a38df-e12a-48da-953b-d4be1b79d6da&NavigationId=233

Dorries really ought to know better to seek legal advice as her first course of action; and definitely be aware that Schillings are most certainly not the flavour of the "blogosphere" at the moment.


I suppose one wouldn’t expect anything else from the researcher of a Labour MP. It makes you wonder what kind of MP employs a person who spends his day going through Facebook accounts. Is this done on a Parliamentary computer I wonder? One paid for by the tax payer, in the time he should be working, again, paid by the tax payer?

It is not lost on me that he chose to highlight the Facebook account of my 22 year old daughter. However, has he been through the Facebook accounts of all of my girls? One of them is only 15 – and if he has – there’s a word for people like you Alex.

Take me on all you want, but mess with my kids…..

It's too bad then that while Hilton's website is most certainly not state-funded, Dorries' most definitely is. Oh, and then she suggests he might be a paedophile even though Dorries' 15-year-old daughter wasn't invoked until Dorries herself brought her into it. It's also somewhat ironic that despite Dorries making clear that she's ready for anyone to take her on, she removed the comments from her blog at the exact moment that err, others did over her slurring of Ben Goldacre.

Dorries is though of course the blogging doyen of the Tories: her endless anecdotes about her wonderful existence, what knickers she wears and how she'd undergo cosmetic surgery all being highly interesting to the Sir Herbert Gusset alikes all across blogland. Fuck with her and the big boys pile in, as demonstrated over on Iain Dale's. I'd be careful Alex, or Schillings might call on Alisher Usmanov to come and sit on you.

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Monday, October 15, 2007 

Usmanov-watch: Playing the victim.

From one revolting end of the Murdoch empire to another, the Alisher Usmanov charm offensive was back on yesterday in one of the most sycophantic, one-sided articles to appear in a so-called newspaper of record. Congratulations have to go to
It was partly in an attempt to curb claims of a shady past that he invited me to his Moscow mansion and agreed to talk for the first time about the circumstances that led to his being imprisoned in 1980. Usmanov runs his empire from the headquarters of Metal-loinvest, his main company, in a lavish building in central Moscow fitted with Italian marble and heavy chandeliers. From there I was driven 30 miles along Rublovka, a road that cuts through a forest of firs to a “billionaires’ row” where Usmanov has a 30-acre estate beside the Moscow river. A 16ft-high metal fence encircles the property.

Usmanov, who never leaves home without a retinue of bodyguards armed with machine-guns, was working in a large, single-storey wooden villa which he has built as a private office next to his palatial house.

Casually dressed in a Lacoste polo shirt, tracksuit bottoms and leather slippers, he was sitting in an armchair, advising a friend on the telephone on how best to clinch a £1m deal. In front of him was a small table and a bell with which to summon staff.

In the next room, his personal adviser on equities was checking the latest share prices on a 30in computer screen.

Sipping tea after his phone call, Usmanov studied the screen with the analyst as they discussed whether to sell a large holding in a Russian bank. A butler delivered frequent messages or passed on one of several mobile phones on which the tycoon fielded further calls.


If you aren't throwing up already having read just that extract, then both Tim and Craig himself
thoroughly fisk and destroy this partial, despicably craven meeting of convenience. Craig incidentally, despite never being served with anything approaching a writ, is described thusly:

Usmanov rejected the charges and threatened to sue Murray “if he can first prove that he is completely sane”.

Usmanov likes playing the victim, that's for sure. A venal bully with the full weight of his fortune and power behind him picking on those who dare to call him on his dubious past, and he's the one who's been wronged.

“I was a victim and when I came out I realised I had one last chance to make a success of my life. I won’t fall so low as to fight those who want to blacken my name. Let their slurs weigh on their conscience. Mine is clean.”

No, he's more than happy to slur his accusers by questioning their sanity while his shysters at Schillings and PR associates as Finsbury PR do the real leg-work. It may be down to last week's Usmanov story in the Sunset Times, about his connections with, err, corruption and fraud, allegations which curiously go unnoted in the interview that this piece of arslikhan inspired, but that doesn't acquit the ST. This is simply lazy, callow journalism from a newspaper that once exposed the Thalidomide scandal. How far away those days seem.

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Saturday, October 06, 2007 

Usmanov and Schillings watch: Indymedia latest to be threatened.

Seems like Usmanov's legal shysters, Schillings' tactics have been to let the dust settle slightly after the uproar over the taking down of Craig Murray/Bloggerheads etc, then to continue exactly as before.

UK Indymedia are the latest to be threatened:

Indymedia UK has been issued with a takedown notice [10th of September & 21st of September] from lawyers acting for Alisher Usmanov. The notice served to Indymedia charged Indymedia with publishing allegedly libellous accusations about Usmanov, one of the richest men in Russia, recently linked to a possible hostile takeover of Arsenal FC.

This only makes Usmanov's charm offensive this week, involving the flying via private jet of at least 9 British journalists to his offices in Moscow, then putting them up in a five star hotel all the more shallow. He says he's not a vindictive man and that some of Murray's allegations are beneath his dignity to respond to, yet his lackey of legal brown-nosing sycophants are still trying to remove all mentions and republishing of Murray's original post, while still failing to respond either to Murray's request for them to sue him or to even explain how inaccurate his allegations are, apart from their completely untrue argument that Usmanov was pardoned by Gorbachev.

If either Schillings or Usmanov think we're going to continue to take their attempts to silence all criticism of this deeply unpleasant man lying down, then they've got another thing coming.

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Wednesday, September 26, 2007 

Usmanov-watch: The tide continues to turn.

Major kudos go out to both Peter Hill-Wood, Arsenal chairman who has strongly come out and said that neither does he want nor does the club need Usmanov's money, and to the Grauniad, which is continuing to follow up on the actions and reverberations started by Usmanov and his legal shysters, Schillings, attempting to silence Craig Murray and numerous other bloggers.

The article also provides this confirmation that Schillings realise they can't disprove Murray's accusations, but they sure can try to stop them from being read and disseminated:

Laura Tyler, of Schillings, said they did not intend to sue Murray directly because they did not want to give him a platform to express his views.

Considering how much a joke our libel laws are, leaving the defendant to prove their allegations rather than the litigant to prove that the allegations are defamatory, one would have thought that Schillings would be more than happy to go to court and potentially ruin Murray. That they have no intention of doing so speaks volumes.

Tim meanwhile has set up temporary shop to deal with the whole saga here. Matt Wardman also has the speech made by MEP Tom Wise last night, which thanks to parliamentary privilege should be able to be freely reported without any legal difficulties, but don't expect that to make any difference. Unity also writes a first of series of posts on rewriting the libel laws.

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Friday, September 21, 2007 

Usmanov and Schillings-watch: The web bites back.

I said on yesterday's post that Schillings really didn't know who they were messing with, and the overwhelming response from bloggers not just here in the UK but across the globe has rather vindicated it. Justin is already tracking 121 blogs that have posted on the actions of Usmanov's lackeying legal losers, and there are likely to be dozens more which haven't been identified yet.

Only MediaGrauniad and the Mirror (in the form of a Kevin Maguire blog post) have so far picked up on it from the MSM, but there's bound to be other pieces in tomorrow's press following the story up, especially considering that Boris Johnson has denounced the fact that his blog, set up by Tim and Clive, is among those to have been brought down by Fasthosts capitulation. Their claim that Tim and Clive had failed to remove the content in question is laughable; both Tim and Clive had more than accommodated Schillings' requests over what had to be removed. Quite simply, this had moved on from being a matter based on the posting of so-called defamatory material to a vendetta against the web-hosts. Schillings' problem is that it knows full well that Craig Murray has plenty of evidence to back up his original allegations, and the fact that they haven't served him personally with a writ, as he has requested, only proves the shallowness of their actions. They couldn't get the ball, so they decided to take out the men instead. Their reputation, backed up on their website by the laughable case studies currently being mocked across the "blogosphere", was at stake: too bad that they cared too much about that to notice that other well-known political figures were being hosted by Tim and Clive.

Indeed, if there was ever an example of blogging blowback, this is it. Dozens more blogs are now mirroring Craig's original post which started this whole mess; Arsenal fans and others who previously wouldn't have come across some of the unsavoury information about the possible future owner are now able to see him for the freedom of speech denying obese toad that he is; and the mainstream media itself, previously threatened before it had even printed a word about Usmanov are able to point their readers' in the direction of information they otherwise wouldn't have mentioned.

More pertinently to the legal side of things, it's understandably caused a commendable discussion about the ridiculous and discriminatory nature of our libel laws, now notorious for being a beacon for every tycoon, tyrant and half-wit with a grievance about an unpleasant article/book written about themselves to come and try their luck through our court system. Unity suggests that if any of us are ever called to serve on a libel jury, we move to return a not guilty verdict on the grounds that the law is an ass, as previously used during the Clive Ponting trial. Others are talking of a campaign along the lines of the current one over Iraqi employees of the armed forces. Others still are remarking on Usmanov's suitability to become Arsenal owner, should he succeed in an eventual takeover bid, something he's now raised the possibility of, noting the FA's recently adopted rules.

Now the cat's out of the bag, Schillings are going to quickly learn that it's going to be next to impossible to put this particularly agile, modern and digital pussy back in.

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Thursday, September 20, 2007 

Usmanov-watch: A pyrrhic victory.

Alisher Usmanov and his shower of lackeying legal cunts, Schillings, have finally pulled off a very pyrrhic victory. Despite comprehensively failing to remove Craig Murray's original blog post about Usmanov, which is still around if you know where to look, they've managed to spook Tim Ireland's webhost so much that they've pulled the plug on Tim and Clive's cluster of sites, also including Bob Piper, Boris Johnson and Craig Murray's blogs.

My advice to anyone thinking of starting a blog is to get it hosted with a US-based company. Not only are their rates usually remarkably cheaper than anything you'll be offered over here, but legal firms find it difficult to get anything removed, thanks to the good old first amendment. Won't stop them threatening you personally of course, but your webhosts themselves couldn't care less, as neither time have I been threatened has Dreamhost even bothered to contact me.

Knowing Tim, not to mention Craig and the others, Schillings really have picked the wrong people to start a fight with.

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Monday, September 10, 2007 

Anyone got a Schilling update.

Schillings have finally this afternoon deigned to reply to my two messages sent on Thursday evening. They requested that I remove their "copyrighted" letter, which I have done, not because I either want to, have to or feel the need to, but because I see no reason to prolong this pointless encounter. They and I consider the matter closed.

This whole affair has only once again highlighted how once a supposedly libelous article/post is out there online, it's incredibly difficult for it be removed, and not even Schillings, according to the drivel on their website about how they're the most feared and leading law firm, are likely to succeed in removing it from all the other sites it has subsequently spread to. Going after bloggers' only linking to articles is also one of the most cowardly and indefensible actions that these parasites, earning vast amounts of money working for some of the most unsavoury characters around spend their time doing. I do indeed hope that they sleep well at night.

Update: Added "Alisher Usmanov" to the labels so that this post will show up on the page currently being linked to by numerous bloggers explaining the temporary disappearance of Bloggerheads and other sites, thanks to Alisher Usmanov and his band of arse-lickers, Schillings.

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Thursday, September 06, 2007 

Anyone got a Schilling?

Stop! You can't link to that!

There's very little quite like the joy on returning home of an evening to find that you've been legally threatened in your absence. Last year this involved an injunction from the "dangerously deceitful, ruthless, exploitative and corrupt" Mr Mahzer Mahmood, courtesy of his lawyers, Farrer and Co. Imagine my excitement on finding the following in my inbox, this time from Schillings, acting on behalf of a certain Alisher Usmanov (you'll have to click to enlarge:)

Update: letter removed, not because I feel the need to bow to Schillings request that it be taken down or have to, but because I see no reason to prolong this pointless little affair.

I'm not the first to receive the delightful threats from Schillings on behalf of their client, nor probably the last: Julian Bond, owner of the UK blog aggregator voidstar.com also had Schillings on the phone telling him to remove Murray's post. His site had reproduced it verbatim: my original post, now edited to remove Craig's "false, indefensible and grossly defamatory" comments, only linked to Craig's while using his title as the hyperlink. It now only links to Craig's post. Having emailed Tim at Bloggerheads, it seems that Schillings have also now contacted Craig himself.

Schillings themselves aren't exactly very bright: here they are having apparently mailed/faxed a letter out to Dreamhost, based in the good old land of the free, and they're citing a legal precedent set in this country in order to threaten them. Good job Schillings; unless Mr Usmanov intends to sue Dreamhost in this country, I don't think you're going to get very far.

In any case, I've phoned up Schillings, discovered that those responsible for Mr Usmanov have left the office, and talked to the apparent work experience kid, who will relate my edits to the "false, indefensible and grossly defamatory" post to his superiors. There are however just a few other points to make:

1. Considering I currently have to my name somewhere in the region of £150.00 and no collateral whatsoever, neither Schillings nor Mr Usmanov if they pursued their action would get very rich off me.

2. That going after bloggers simply linking to a post because your big baby of a client has thrown his rattle out of the pram has to make you one of the most insufferable, sycophantic, brown-nosing little toadies on the face of the planet. Oh, I forgot, "you're only doing your job".

3. I would like to refer Schillings, although not their client, as he seems the kind who might be offended, to the precedent set by Arkell vs Pressdram, or indeed, to any of the legal responses from the Pirate Bay, such as this one. Thank you.

Update: Craig's original post has been temporarily removed pending legal advice.

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