Wow. After 5 hours and 51 comments this story is already on page three at rank 73! Slow clap right there.
Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
61–68 of 68 posts
Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#62Earlier quoted context omitted.
My understanding is that, under Swedish law, Assange has what amounts to an arrest warrant. That they don't call it that and insist on merely claiming he's "wanted for questioning" is, as far as I can tell, semantics. He'd be brought in for questioning and subsequently arrested pending a trial. I'm not a lawyer though, much less in Swedish law. I think Assange should go to Sweden to face questioning and his likely ar…
He'd be arrested in the UK as soon as he stepped outside of the embassy for breach of the terms of bail (and that is a criminal offence and there is absolutely no question he has committed it), even if everything else was dropped.
There are a bunch of policemen stationed permanently at the street corner, day and night. The daily cost for this is 11000 Pounds, total cost so far is more than 6 Mil[1](video is in German). Is that usually done in the UK?
I don't know what this is, but it sure isn't subtle.
[1] http://www.tagesschau.de/videoblog/london_calling/londoncall...
Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#63As a US citizen, if I lived outside the US and was summoned back for "questioning" by adverse parties, there's almost no reason I can imagine going. If that's truly all they want, then there's no reason it needs to be done in person. Depositions can be conducted remotely in many (though not all) jurisdictions.
"You already were able to contact me, so sure, question me all you like over the phone or over Skype. For quality assurance purposes this phone call will be recorded"
Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#64Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#65Earlier quoted context omitted.
We have an Internet now. Information moves a lot faster and more inexpensively by itself than it does in the custody of a human courier. Thus, the stated motive--"to appear for questioning"--appears on its face to be bogus. The purpose of a deposition isn't to elicit information as quickly as possible. That can be held by document requests responded to by email. The purpose of a deposition is to take the sworn testim…
It is equally cute to believe that someone will not lie to you just because you made him promise not to. The actual threat is that if you lie in court, and get caught, you will be thrown in a cage by men with guns. An oath is not necessary for that. It suffices to say, "If you misrepresent the facts here, we will punish you for it in addition to whatever may be decided in this case. Do you understand?" and for the wi…
I'm a former criminal defense attorney with a background in cognitive science. I speak from experience.
Almost everything you just wrote is a fantasy view of the US judicial system, morality, and cognitive development, and psychology which doesn't actually exist in the real world.
Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#66Earlier quoted context omitted.
I wonder how many folks out there agree with you in this case but not with say Julian Assange.
Apples to oranges. This is a civil proceeding relating to a bankruptcy while Sweden issued a warrant for Assange's arrest. From wikipedia: "Ecuadorian officials also suggested that Swedish authorities could question Assange at the embassy.[186][187] The prosecutor had already explained that Assange was not wanted "merely to assist with our enquiries," but for "the purpose of conducting criminal proceedings"—that is,…
That's my whole point though. Merely questioning Karpeles isn't what they want...especially when it's looking more and more like he did something shady.
And as far as Assange goes, the way it was initially reported it seemed like an innocent questioning for Assange as well (for those unfamiliar with Swedish law.
Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#67Re: Mt. Gox CEO Karpeles refuses travel to U.S. for questioning
#68Earlier quoted context omitted.
It is equally cute to believe that someone will not lie to you just because you made him promise not to. The actual threat is that if you lie in court, and get caught, you will be thrown in a cage by men with guns. An oath is not necessary for that. It suffices to say, "If you misrepresent the facts here, we will punish you for it in addition to whatever may be decided in this case. Do you understand?" and for the wi…
I'm a former criminal defense attorney with a background in cognitive science. I speak from experience. Almost everything you just wrote is a fantasy view of the US judicial system, morality, and cognitive development, and psychology which doesn't actually exist in the real world.
It appears as though you are saying your argument holds more strength because of who you are (or were), and who I am not. Is that not an ad hominem, appeal to authority, and judgmental language?
It could be true. Were we arguing formally, I might ask you to prove your (negative) statement instead of just nakedly asserting that everything I said is wrong.
I was referring to Kohlberg's stages of moral development, assuming that the common criminal, as encountered by the justice system, would be at a very low stage, on par with very young children. The justice system's overwhelming focus upon punishment and deterrence seems to align with that assumption.
The system itself can only accomodate people between stages one and four. If, for whatever reason, someone decides that the law is an ass, and goes to stage five or six with a personal philosophy that is fundamentally incompatible with social norms, there is really nothing the system can do to accomodate him.
A catch-and-punish-by-lawful-authority model does nothing to prevent crimes by people who have arrived at a sociopathic morality model by introspection. IF Karpeles is such a person, the actions taken in civil court are completely pointless, as he would never voluntarily submit to the authority of what he would see as a system morally inferior to his own.
You can't really know how to deal with people at stage five or six without knowing the foundation principles of their morality. It could be literally anything. There is no reliable way for a cooperative society to enforce conformity on someone who has rejected society's common set of rules for another based on original thought.