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Kaalakiota Okusaika in the news

Author
Repentence Tyrathlion
Tyrathlion Interstellar
#41 - 2013-08-03 07:09:57 UTC
Diana Kim wrote:
Repentence Tyrathlion wrote:

That's my line.

Also, I find it mildly sad that you can't be more creative than to copy my pet name for you.

Hey, I just used your favorite name to you. You use it so often, so I guess it is sentimental to you!

Repentence Tyrathlion wrote:

How about we see if you've started making any more sense? What makes you think that Yanala would have been dishonourably convicted? As I recall, her 'crime' was disobeying an order from Heth to burn Caldari Prime.

You like to make a big thing of how Heth helped you push the Gallente back and reclaim your homeworld. How does that fit with that order?

How about not? I don't like to waste my time on casting pearls before swine.
All my effort on trying to explain things to you will just cause more barking from your side.
So, why should I?
Get what you get as is and continue your usual barking, that I didn't give you answer or whatever is next.


Translation: I'd rather not think about that.

As for pearls...

I can't help but be reminded of a story about a girl who was cursed into believing a massive boulder was a diamond. In her greed, she obsessed over it, driving friends away, determined that none would touch or sully her precious gem.

It must be all that Gallente blood short-circuiting your brain. Not that you were ever enormously sane, but the sheer level of delusions you display at this point... you're a psychoanalyst's dream.
Diana Kim
State Protectorate
Caldari State
#42 - 2013-08-03 08:04:27 UTC
Pieter Tuulinen wrote:
Let's see if I can sum this up...

Heth has been declared a criminal and a terorrist by the CEP.
He's been replaced by Kaalakiota as CEO and had his shares taken away.
He's been indicted to be replaced as the CEO of Caldari Constructions, his shares done away with.
He's been declared guilty of embezzling Kaalakiota's funds to pay for the State Protectorate.
He's been declared guilty of the murder of Admiral Yanala Visera, a war hero.
The CPD has been shut down and dismantled on the orders of the CEP.
The Templis Dragonaurs are again declared a terrorist organisation.

1. Heth has been declared a criminal and a terorrist by the CEP.
This 'declaration' is a political move, nothing more. CEP is not CBT, they can say whatever they want and put charges through tribunal, but until the case will be heard in the tribunal, he is NEITHER criminal, NOR terrorist. Besides, it is obvious, that these labels are forged (https://forums.eveonline.com/default.aspx?g=posts&t=260671)

2. He's been replaced by Kaalakiota as CEO and had his shares taken away.
Unfortunately, by short-sighted shareholders, who prefer momentary profit instead of prosperity of the whole State and much greater profit in the future. Well, let their corporation stagnate, if it is their choice!

3. He's been indicted to be replaced as the CEO of Caldari Constructions, his shares done away with.
But he is STILL NOW CEO of Caldari Constructions!

4. He's been declared guilty of embezzling Kaalakiota's funds to pay for the State Protectorate.
It is not his guilt, that other megacorporations wasn't involved at appropriate level in funding needs of the whole State. Others greed made Kaalakiota to pay much more, because they paid less!

5. He's been declared guilty of the murder of Admiral Yanala Visera, a war hero.
Have you been reading what I have been writing above at all?
HE GAVE HER TEA! HE DIDN'T MAKE HER DRINK!
HE DIDN'T STAB HER, DIDN'T SHOOT HER, DIDN'T POUR TEA INTO HER MOUTH!
It was she herself who took the tea.
You can't be murderer if you don't murder!

Taking someone's life is murder. But providing possibility is not!
For example, if you would ask me to kill you:
- if I draw my gun and shoot you, it will be murder;
- if I place my gun before you and tell you to do it yourself, it won't be murder.

He gave her this gun. But it is she, who pulled the trigger.

6. The CPD has been shut down and dismantled on the orders of the CEP.
And now this is the guilt of CEP, who can't intervene into other corporation affairs. And this case should be heard in the tribunal as well.

7. The Templis Dragonaurs are again declared a terrorist organisation.
And President Roden is green. Karin Midular was killed. And two furriers fought each other for a bowl of food.
Just listing very relevant and important information according to your approach.

Pieter Tuulinen wrote:

So really, what is your malfunction, Diana?

My 'malfunction' is abundance of gallente-minded scum, who make me mad, while they are alive and allowed to talk.

Pieter Tuulinen wrote:

It doesn't matter whether you think he's merited. It doesn't matter how great you thought his seizure of Caldari Prime was (I think it was great, by the way) what matters is that he is DONE. He's a dead man walking. He is no longer even a CITIZEN of the State. He tried to orchestrate a coup of the CEP and the CEP called his bluff and raised him. He tried to destroy all the traditions of our ancestors and our ancestors rose up against him. He tried to rally the Capsuleers and the Navy to his cause and they rejected him.

Wake up!
He is still a CITIZEN and the CEO!
He tried to not to destroy, but to restore traditions and glory of our ancestors!
The Navy, that rejected, were from Kimotoro fleet, that was hurt in lower part of their body for the case with their Admiral.
And capsuleers, who reject him, in overwhelming majority are these dissident scum that was disloyal to the State since he booted lots of peoples from their positions who took these positions through nepotism.

Honored are the dead, for their legacy guides us.

In memory of Tibus Heth, Caldari State Executor YC110-115, Hero and Patriot.

Makkal Hanaya
Revenent Defence Corperation
#43 - 2013-08-03 08:48:01 UTC
Presumably the charge of embezzlement is coming so late because they've only recently had access to his private assets and so only recently found evidence of wrong doing.

Currently, he's only been charged with embezzlement so we're not likely to get the 'gritty details' until there's an actual trial. It's possible that whomever is supplying these charges is being overzealous or it's possible that Heth has falsified records or otherwise misappropriated funds.

I'm not sure how we can argue whether the charge is correct or not until we know exactly what he's accused of doing.

As for whether a CEO can embezzle funds, yes they can. Only a CFO is better suited to doing so on a large scale.

Whether a regular audit can uncover it depends on how much is appropriated and whether others in the company helped to cover up the moving of funds. For example, Heth moves 100 B isk to an RnD project in the Kingdom that never produces results and so is a wash. Only the supervisor is working with you, the expensively fitted 'laboratory' is an empty warehouse, and the employees assigned to the project are actually doing basic materials testing for QA.

Render unto Khanid the things which are Khanid's; and unto God the things that are God's.

Diana Kim
State Protectorate
Caldari State
#44 - 2013-08-03 10:26:53 UTC
Repentence Tyrathlion wrote:

It must be all that Gallente blood short-circuiting your brain. Not that you were ever enormously sane, but the sheer level of delusions you display at this point... you're a psychoanalyst's dream.

Now this is simple pathetic.
You know, that I will prefer death to being a gallentean.
But I guess you simply can't even think out better insult and just bark whatever comes to your head first.

Honored are the dead, for their legacy guides us.

In memory of Tibus Heth, Caldari State Executor YC110-115, Hero and Patriot.

Diana Kim
State Protectorate
Caldari State
#45 - 2013-08-03 11:13:05 UTC
Makkal Hanaya wrote:
Presumably the charge of embezzlement is coming so late because they've only recently had access to his private assets and so only recently found evidence of wrong doing.

Or because they are out of ideas and are doing PR just to add more 'bad' labels on our hero, while he is not replying to them.

Makkal Hanaya wrote:
Whether a regular audit can uncover it depends on how much is appropriated and whether others in the company helped to cover up the moving of funds. For example, Heth moves 100 B isk to an RnD project in the Kingdom that never produces results and so is a wash. Only the supervisor is working with you, the expensively fitted 'laboratory' is an empty warehouse, and the employees assigned to the project are actually doing basic materials testing for QA.

Now, why he would do such thing?!
Heth-haan is a patriot and what funds he has used, he has used them for the needs of the State as a whole and for needs of regular common workers of the State.

Honored are the dead, for their legacy guides us.

In memory of Tibus Heth, Caldari State Executor YC110-115, Hero and Patriot.

Repentence Tyrathlion
Tyrathlion Interstellar
#46 - 2013-08-03 12:06:44 UTC
Diana Kim wrote:
Repentence Tyrathlion wrote:

It must be all that Gallente blood short-circuiting your brain. Not that you were ever enormously sane, but the sheer level of delusions you display at this point... you're a psychoanalyst's dream.

Now this is simple pathetic.
You know, that I will prefer death to being a gallentean.
But I guess you simply can't even think out better insult and just bark whatever comes to your head first.


So you're denying Ms Akahoshi's claim? There must be some records to prove things one way or the other.
Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#47 - 2013-08-03 15:08:37 UTC  |  Edited by: Pieter Tuulinen
[[ISD Communication device decided to discard my thoughts. I will replace them if I decide it is worth the effort!]]

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Stitcher
School of Applied Knowledge
Caldari State
#48 - 2013-08-03 15:33:23 UTC
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.

AKA Hambone

Author of The Deathworlders

Andreus Ixiris
Center for Advanced Studies
Gallente Federation
#49 - 2013-08-03 15:39:22 UTC
Tibus Heth transferred Kaalakiota funds and assets to another organisation without the approval or consent of its shareholders. Just because they never voiced disapproval or objection publicly doesn't mean it didn't exist. The CEO of a corporation does not have unlimited authority over a corporation's assets simply because the shareholders have put him in charge. Misappropriating corporate assets is embezzlement, and Tibus Heth is an embezzler.

I would understand - if not neccessarily agree - if you were questioning the relevance of embezzlement charges given that Tibus Heth is a traitor, a terrorist and a conspirator to genocide, but Tibus Heth's guilt as an embezzler is not in question.

Andreus Ixiris > A Civire without a chin is barely a Civire at all.

Pieter Tuulinen > He'd be Civirely disadvantaged, Andreus.

Andreus Ixiris > ...

Andreus Ixiris > This is why we're at war.

Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#50 - 2013-08-03 17:04:44 UTC
I think you have to understand the heinousness of misuse of corporate property in Caldari culture. On Home if the tribal chief misused the tribes food and/or equipment for personal gain it could literally mean the deaths of the majority of the tribe.

Control over property does not necessarily mean ownership of it.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Makoto Priano
Kirkinen-Arataka Transhuman Zenith Consulting Ltd.
Arataka Research Consortium
#51 - 2013-08-03 17:50:23 UTC
Alright. Let me try to distill this.

Funds can be misappropriated -- even grossly misappropriated! -- without it being embezzlement. A pear is a fruit, but a fruit is not always a pear.

Even if the board didn't approve of the transactions, the doctrine of business judgment serves to protect Heth. So long as he had a sincerely-held belief that he was operating in the best interest of KK and the State, he has a potent defense. Noone can argue that Heth didn't strongly believe he was working for the betterment of the State. Further, he did not personally benefit from the direction of funds to the Providence Directorate; to our knowledge, he did not pad his salary, pocket assets, or any similar thing.

Embezzlement requires malfeasance and self-interest.

He may be guilty of waste, which is a breach of the fiduciary responsibility of care. He may be guilty of gross negligence, for the same reason. But embezzlement is a difficult charge to prove.

But let me get to the point, and the reason, increasingly, that I think the charge of embezzlement is shameful: it contends that for five years, the KK Board of Directors was either incompetent or spineless, and that Heth's activities were not done with their consent, tacit or explicit. It contends that the board was not complicit in his activities, nor supportive of them.

This is a whitewashing.

Five years ago, Heth was a hero. While he came into the ownership of Caldari Constructions through his own means, he was elected to the position of CEO of KK by the board, at the board's discretion. This was done to mass acclaim.

We must acknowledge that Heth's actions were because of our failure to recognize the potential failures of unrestricted power. We must acknowledge that we made mistakes, and that those mistakes weren't because Heth held a gun to the entire State for five years.

To do otherwise is to feign helplessness for the sake of shirking responsibility.

We'll learn nothing from our mistake if we go that path.

Itsukame-Zainou Hyperspatial Inquiries: exploring the edge of the known, advancing the state of the art. Would you like to know more?

Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#52 - 2013-08-03 18:24:46 UTC
Wait, though. The CPD was entirely an organisation set up to promulgate Heth's cult of personality and to increase it's control over the State. To suggest that funding the CPD wasn't directly benefitting Heth is disingenuous in the extreme.

I'm not a lawyer though. I can't say whether it is miss-appropriation of embezzlement or fraud or theft. I don't much care, to be honest, and neither do the honest workers whose pensions were siphoned off to fund it.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Makoto Priano
Kirkinen-Arataka Transhuman Zenith Consulting Ltd.
Arataka Research Consortium
#53 - 2013-08-03 18:38:16 UTC  |  Edited by: Makoto Priano
Is that how you would have characterized the Providence Directorate six months ago, kirjuun? And can you establish beyond a reasonable doubt that the Providence Directorate was established for Heth's self-interest instead of for a legitimate interest in the benefit of KK and the State?

As for the pensions-- hm. I've not read anything such as that in GalNet news. If there's more, then perhaps it very well is embezzlement. Right now, though, it looks like a politically-motivated effort to whitewash KK.

Itsukame-Zainou Hyperspatial Inquiries: exploring the edge of the known, advancing the state of the art. Would you like to know more?

Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#54 - 2013-08-03 20:50:39 UTC
My opposition to the CPD started the day that I was ordered to fire on civilian freighters full of my Kirjuun in support of the Homeguard. I refused that order, engaged the Homeguard ships and sat through an administrative court martial in Pyre Falcon for my trouble.

Yes. I realise that those orders came from management in KK and not through the CPD - but if you look at the string of orders coming from the CPD, CalNav and KK you very quickly realise that they're coming from the same bunch of people - that layer of management created by the Executor when he came to power.

My opposition to the Executor's supporters was not a swift thing. I held out for months against the rising tide of evidence. Eventually, however, it became clear that whenever a tough ethical call was involved, there were always the same people at fault. Members of the same faction. Supporters of the same man.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Makoto Priano
Kirkinen-Arataka Transhuman Zenith Consulting Ltd.
Arataka Research Consortium
#55 - 2013-08-03 21:13:50 UTC
And therein rests the issue, kirjuun. Until the Provists became a loose cannon, before Heth started to really go mad, those in the patriot bloc -- and the State at large -- supported him and his decisions.

He committed grave crimes against the State. We agree fully on that. But we must acknowledge that we did not challenge his power, we did not doubt his authority to do as he did, until he began to commit those crimes. In all honesty, unless we learn from this mistake, unless we atone for this mistake, we are at danger of repeating it. To claim duress is to escape atonement.

Itsukame-Zainou Hyperspatial Inquiries: exploring the edge of the known, advancing the state of the art. Would you like to know more?

Stitcher
School of Applied Knowledge
Caldari State
#56 - 2013-08-03 22:14:04 UTC  |  Edited by: Stitcher
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.

AKA Hambone

Author of The Deathworlders

Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#57 - 2013-08-03 23:06:16 UTC
Makoto Priano wrote:
And therein rests the issue, kirjuun. Until the Provists became a loose cannon, before Heth started to really go mad, those in the patriot bloc -- and the State at large -- supported him and his decisions.

He committed grave crimes against the State. We agree fully on that. But we must acknowledge that we did not challenge his power, we did not doubt his authority to do as he did, until he began to commit those crimes. In all honesty, unless we learn from this mistake, unless we atone for this mistake, we are at danger of repeating it. To claim duress is to escape atonement.



You're missing the point that in his early days he represented the will and the ways of the Caldari people. His work returning meritocracy to the Corporate system was timely. His lightning campaign to seize Home was heroic and laudable. It wasn't until his path deviated from this early promise that my way parted from it.

He was granted the position of Executor when the Gallente Federation declared war on us by smashing a capital ship into Malkalen station. He claimed the state of emergency required strong and centralised leadership - and I didn't disagree with him (albeit from the position of being a callow teenager). But it became clear that under his rule our state of emergency would continue ceaselessly. Every year brought new demands on our freedoms and rights. He seized Home but failed to take the logical next step of making a settlement with the Gallente. He got us into the CEWPA war with no plan for getting us out of it again.

I feel the injustices done to our people by the Gallente Federation as keenly as the next Patriot, but the answer cannot be to lock us into the stasis of an unfightable, let alone unwinnable war forever. We have every right to demand reparations for the wrongs done to us and to our ancestors in times past, but we will not get them until we bring the Federation to the peace table. How long has it been since either side asked the other "What price, peace?"

I was a supporter of the Executor and the CPD until I felt they broke the laws that govern our people. Even then, I hesitated to speak openly against the Executor or the CPD until the CEP broke it's own silence. I'm sure you well remember the date - 02.04.115. The day that the Executor sent word through the Caldari Navy that we were to fire on freighters belonging to the Sukuuvesta Corporation for delivering aid to Home. That was the day that the Navy demonstrated it's independence, choosing to stand down, leaving Heth with the Templis Dragonaur as his only recourse.

Note that, it's important to my earlier point. Heth ordered the Navy. The Navy disobeyed. Heth sent in the Templis Dragonaur. In Navy ships. It's pretty clear he was supplying them and they were following his orders.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Makoto Priano
Kirkinen-Arataka Transhuman Zenith Consulting Ltd.
Arataka Research Consortium
#58 - 2013-08-04 03:53:39 UTC
And so it wasn't a mistake to appoint Heth as Executor of the State, to create a position that had not existed before solely to vest one fiery MTAC operator with authority over the whole of the state? We need not learn the lesson that the fire which is hottest burns us worst? We need not learn that a single man is changeable and dangerous, whereas our institutions and our State can withstand turmoil and crisis?

Well, then. Forget everything I said, kirjuun, and carry on until the next crisis is met with a man of action who you'll gladly follow.

On the embezzlement charge, though, I suspect you have me. If Heth was indeed funding a known terrorist group, and not just the Provists, then he was clearly misappropriating funds for criminal purposes and clearly in breach of the law.

Itsukame-Zainou Hyperspatial Inquiries: exploring the edge of the known, advancing the state of the art. Would you like to know more?

Pieter Tuulinen
Societas Imperialis Sceptri Coronaeque
Khimi Harar
#59 - 2013-08-04 03:59:51 UTC
I'm not sure I follow. Whilst Heth was doing the right things, his appointment was the right appointment. When Heth stopped doing the right things, his appointment became past-due for revocation.

Do I wish the CEP had acted sooner? Well, yes.

Does that mean he should never have been appointed? I don't think so.

For the first time since I started the conversation, he looks me dead in the eye. In his gaze are steel jackhammers, quiet vengeance, a hundred thousand orbital bombs frozen in still life.

Makoto Priano
Kirkinen-Arataka Transhuman Zenith Consulting Ltd.
Arataka Research Consortium
#60 - 2013-08-04 04:06:53 UTC  |  Edited by: Makoto Priano
Should he have been given as much authority as he was? Should there have been no checks on that authority?

It would have been one thing to allow him to be first among equals, to follow such wisdom as he offered as a prominent member of the CEP. It's another to abandon our traditions because of fear and anger, to establish above us a would-be emperor, and then to allow fear to prevent us from acting to right the wrong sooner.

If we hold to the idea that we made no mistakes, or that such mistakes as were made were outside of our control, then we damn ourselves to the same path if another crisis arises.

Itsukame-Zainou Hyperspatial Inquiries: exploring the edge of the known, advancing the state of the art. Would you like to know more?