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Tax Farmers, Mercenaries and Viceroys

Posted on August 24th, 2006 at 11:16 by John Sinteur in category: News -- Write a comment

[Quote:]

Yesterday The New York Times reported that the Internal Revenue Service would outsource collection of unpaid back taxes to private debt collectors, who would receive a share of the proceeds.

It’s an awful idea. Privatizing tax collection will cost far more than hiring additional I.R.S. agents, raise less revenue and pose obvious risks of abuse. But what’s really amazing is the extent to which this plan is a retreat from modern principles of government. I used to say that conservatives want to take us back to the 1920’s, but the Bush administration seemingly wants to go back to the 16th century.

And privatized tax collection is only part of the great march backward. In the bad old days, …[t]here was no bureaucracy to collect taxes, so the king subcontracted the job to private “tax farmers,? who often engaged in extortion. There was no regular army, so the king hired mercenaries, who tended to wander off and pillage the nearest village. There was no regular system of administration, so the king assigned the task to favored courtiers, who tended to be corrupt, incompetent or both.

Modern governments solved these problems by creating a professional revenue department to collect taxes, a professional officer corps to enforce military discipline, and a professional civil service. But President Bush apparently doesn’t like these innovations, preferring to govern as if he were King Louis XII.

So the tax farmers are coming back, and the mercenaries already have. There are about 20,000 armed “security contractors? in Iraq, and they have been assigned critical tasks, from guarding top officials to training the Iraqi Army.

Like the mercenaries of old, today’s corporate mercenaries have discipline problems. “They shoot people, and someone else has to deal with the aftermath,? declared a U.S. officer… And armed men operating outside the military chain of command have caused at least one catastrophe. …

To whom are such contractors accountable? Last week a judge threw out a jury’s $10 million verdict against Custer Battles, … a symbol of the mix of cronyism, corruption and sheer amateurishness that doomed the Iraq adventure — and the judge didn’t challenge the jury’s finding that the company engaged in blatant fraud.

But he ruled that the civil fraud suit … lacked a legal basis, because … the Coalition Provisional Authority … wasn’t “an instrumentality of the U.S. government.? It wasn’t created by an act of Congress; it wasn’t a branch of … any … established agency.

So what was it? Any premodern monarch would have recognized the arrangement: in effect, the authority was a personal fief run by a viceroy answering only to the ruler. And since the fief operated outside all the usual rules of government, the viceroy was free to hire a staff of political loyalists lacking any relevant qualifications for their jobs, and to hand out duffel bags filled with $100 bills to contractors with the right connections.

  1. It is unfortunate that a judge let Custer Battles off the hook. But the bad guys don’t always get away. The average American would be shocked to learn two things. First, under a federal law, if they are aware of fraud against the federal government, they can personally file a claim to recover triple the amount defrauded, and they typically get to keep 30% of the money as a reward. Second, many of America’s largest companies, from Shell Oil to Walmart, have been successfully sued by private citizens, and force to settle for sums as high as $900 Million. To learn about the law, and every major case of this type in the past 10 years, anyone can go to http://www.federalfraud.com

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