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Will UK Criminal Charges Bring U.S. News Corp Prosecution?

What goes up must come down, and it looks like it's time for News International to fall hard on its ass. Does the U.S. DoJ have the drive to hit them when they're down? I doubt it. Like the law professor quoted here, I'd guess that we'll see a settlement that will still leave the Murdoch empire in an influential position:

The new round of criminal charges brought in the UK against former senior News International editors has once again raised the prospect that Rupert Murdoch's New York-based parent company may be prosecuted under US anti-bribery laws, and complicates the rehabilitation of his son James as a possible successor to lead the global media empire.

The charges brought against Rebekah Brooks, who ran Murdoch's newspaper holdings in Britain, Andy Coulson, former editor of the now defunct News of the World, and two other former News International employees exposes the parent News Corporation to possible action under the Foreign Corrupt Practices Act. The FCPA exists to prosecute US-domiciled companies for acts of bribery and corruption that they might commit abroad.

An official of the British ministry of defence, Bettina Jordan Barber, also faces trial for allegedly receiving £100,000 from Murdoch's tabloid newspapers for information that led to a series of published stories. The allegation that money passed hands clearly falls within the legal remit of the FCPA.

Mike Koehler, professor of law at Southern Illinois school of law and author of the blog fcaprofessor.com, said the charges "would be hard for the Department of Justice and the Securities and Exchange Commission to ignore. We have been hearing allegations for a year and a half now, now we clearly have charges against high ranking officials at a foreign subsidiary," he said.

[...] News Corp has largely shrugged off the scandal in the US, where its shares have risen over 34% in the last year. At News Corp's recent annual shareholder meeting in October, Murdoch comfortably saw off attempts to appoint an independent chairman to the company. James Murdoch has recently been tipped to head Fox Networks, the News Corp television division that includes its flagship Fox channel, home to The Simpsons and American Idol.

But the new charges will increase pressure on the company. Koehler said US authorities would be looking to see how high up the chain of command the bribery scandal reached. "The question will be what did James know and when did he know it," he said. Ultimately he predicted News Corp would reach a settlement with the Justice Department rather than go to trial, but he said that News Corp faced some uncomfortable investigations in the coming months.



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Just after the news that Rebekah Brooks had been arrested, this, via BBC:

Metropolitan Police Commissioner Sir Paul Stephenson has resigned following the phone hacking scandal.Britain's most senior police officer said he had no knowledge of the extent of the practice and his integrity was "completely intact". Sir Paul has faced criticism for hiring former News of the World executive Neil Wallis - who was questioned by police investigating hacking - as an adviser. He said his links to the journalist could hamper current investigations.

Gosh, ya think? So far this morning the highest-ranking law enforcement official has resigned, and the woman Rupert Murdoch referred to as "the daughter he never had" has been arrested. Think there might be more? And when is it coming to the US?

Check this post on Daily Kos today:

Former Fox News executive Dan Cooper has claimed that a special bunker, requiring security clearance for access was created at the company's headquarters to conduct “counterintelligence” including snooping on phone records:

“Has Roger Ailes been keeping tabs on your phone calls?”That’s how Portfolio.com began a post back in 2008, when a former Fox News executive charged that Ailes had outfitted a highly secured “brain room” in Fox’s New York headquarters for “counterintelligence” and may have used it to hack into private phone records.

That Kos piece also cites a more recent Rolling Stone article about the "Fox Fear Factory" which bolsters Cooper's claim.

Befitting his siege mentality, Ailes also housed his newsroom in a bunker. Reporters and producers at Fox News work in a vast, windowless expanse below street level, a gloomy space lined with video-editing suites along one wall and an endless cube farm along the other. In a separate facility on the same subterranean floor, Ailes created an in-house research unit – known at Fox News as the “brain room” – that requires special security clearance to gain access. “The brain room is where Willie Horton comes from,” says Cooper, who helped design its specs. “It’s where the evil resides.”

I'd say the FBI should be preparing warrants for that room yesterday, don't you think?



Rebekah Brooks Resigns From News International

Rebekah Brooks has resigned from News International in the wake of the phone hacking scandal. She released a carefully-worded letter to the staff.

Via The Guardian:

At News International we pride ourselves on setting the news agenda for the right reasons. Today we are leading the news for the wrong ones.

The reputation of the company we love so much, as well as the press freedoms we value so highly, are all at risk.

As Chief Executive of the company, I feel a deep sense of responsibility for the people we have hurt and I want to reiterate how sorry I am for what we now know to have taken place.

I have believed that the right and responsible action has been to lead us through the heat of the crisis. However my desire to remain on the bridge has made me a focal point of the debate.

This is now detracting attention from all our honest endeavours to fix the problems of the past.

Therefore I have given Rupert and James Murdoch my resignation. While it has been a subject of discussion, this time my resignation has been accepted.

Rupert's wisdom, kindness and incisive advice has guided me throughout my career and James is an inspirational leader who has shown me great loyalty and friendship.

I would like to thank them both for their support.

I have worked here for 22 years and I know it to be part of the finest media company in the world.

News International is full of talented, professional and honourable people. I am proud to have been part of the team and lucky to know so many brilliant journalists and media executives.

I leave with the happiest of memories and an abundance of friends.

As you can imagine recent times have been tough. I now need to concentrate on correcting the distortions and rebutting the allegations about my record as a journalist, an editor and executive.

My resignation makes it possible for me to have the freedom and the time to give my full cooperation to all the current and future inquiries, the police investigations and the CMS appearance.

I am so grateful for all the messages of support. I have nothing but overwhelming respect for you and our millions of readers.

I wish every one of you all the best.

Rebekah

The wording of the letter suggests she had tried to resign already and had her resignation refused. The part about having time to correct the record seems to be CYA language in light of the downward spiral News International has been on over the past couple of weeks.

Take rumors for what they're worth here, but it appears that at least one member of the Murdoch family was quite unhappy about Ms. Brooks. Elisabeth Murdoch is reported to be furious over the scandal.

The 42-year-old is said to have privately “railed” against the News International chief executive and former editor of the News of the World.

Miss Murdoch, who is set to be given a seat on the board of her father’s News Corp empire, told friends that Mrs Brooks had “f----- the company”.

Meanwhile, if one were to watch only Fox News, they would have no clue anything untoward was happening elsewhere, because it's "the subject [they're] not talking about today."