If Obama Was Private Sector CEO, He'd Be Prosecuted For Fraud

11/10/13

Andrew McCarthy writes that assertion at National Review Online:

"If you like your health-care plan, you will be able to keep your health-care plan. Period.” How serious was this lie, repeated by Barack Obama with such beguiling regularity? Well, how would the Justice Department be dealing with it if it had been uttered by, say, the president of an insurance company rather than the president of the United States?

Fraud is a serious federal felony, usually punishable by up to 20 years’ imprisonment — with every repetition of a fraudulent communication chargeable as a separate crime. In computing sentences, federal sentencing guidelines factor in such considerations as the dollar value of the fraud, the number of victims, and the degree to which the offender’s treachery breaches any special fiduciary duties he owes. Cases of multi-million-dollar corporate frauds — to say nothing of multi-billion-dollar, Bernie Madoff–level scams that nevertheless pale beside Obamacare’s dimensions — often result in terms amounting to decades in the slammer.

Justice Department guidelines, set forth in the U.S. Attorneys Manual, recommend prosecution for fraud in situations involving “any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.” So, for example, if a schemer were intentionally to deceive all Americans, or a class of Americans (e.g., people who had health insurance purchased on the individual market), by repeating numerous times — over the airwaves, in mailings, and in electronic announcements — an assertion the schemer knew to be false and misleading, that would constitute an actionable fraud — particularly if the statements induced the victims to take action to their detriment, or lulled the victims into a false sense of security.

...Barack Obama is guilty of fraud — serial fraud — that is orders of magnitude more serious than frauds the Justice Department routinely prosecutes, and that courts punish harshly. The victims will be out billions of dollars, quite apart from other anxiety and disruption that will befall them.

The president will not be prosecuted, of course, but that is immaterial. As discussed here before, the remedy for profound presidential corruption is political, not legal. It is impeachment and removal. “High crimes and misdemeanors” — the Constitution’s predicate for impeachment — need not be indictable offenses under the criminal code. “They relate chiefly,” Hamilton explained in Federalist No. 65, “to injuries done immediately to the society itself.” They involve scandalous breaches of the public trust by officials in whom solemn fiduciary duties are reposed — like a president who looks Americans in the eye and declares, repeatedly, that they can keep their health insurance plans . . . even as he studiously orchestrates the regulatory termination of those plans; even as he shifts blame to the insurance companies for his malfeasance — just as he shifted blame to a hapless video producer for his shocking dereliction of duty during the Benghazi massacre.

It is highly unlikely that Barack Obama will ever be impeached. It is certain that he will never again be trusted. Republicans and sensible Democrats take heed: The nation may not have the stomach to remove a charlatan, but the nation knows he is a charlatan. The American people will not think twice about taking out their frustration and mounting anger on those who collaborate in his schemes. 

And there is video evidence showing back in 2009-2010, Obama knew his claims that you could keep your plan were bogus.

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