Fmr. Thatcher advisor Lord Monckton to pursue fraud charges against Climategate scientists: Will present to police the case for 'numerous specific instances of scientific or economic fraud'

Monckton: 'I have begun drafting a memorandum for prosecuting authorities...to establish...the existence of numerous specific instances of scientific or economic fraud in relation to the official 'global warming' storyline...they will act, for that is what the law requires them to do'

Thursday, December 15, 2011By Marc Morano – Climate Depot

Special to Climate Depot

Making the police state work for you

By Christopher Monckton of Brenchley in London

Now that six policemen from the Norfolk and Metropolitan forces have invaded the home and “borrowed” the computers of “Tallbloke”, the first blogger in the UK to reveal the existence of the 5000 Climategate 2.0 emails, you may ask why the British police seem so much more interested in tracking down and punishing the whistle-blower/“thief” than in dealing with the many crimes by crooked IPCC “scientists” that the emails expose.

There is a good reason why the police have gone after the whistle-blower and yet have not moved against those whose far more serious crimes the emails he released expose. Though the University of East Anglia has complained to the police about the “thief”, no one has complained about the climate crooks whose crimes the University seems so zealous to conceal.

Until now, those of us who have dared to question how much “global warming” a doubling of atmospheric CO2 concentration this century may cause have been altogether too nice to lodge a criminal complaint with our local police precinct. That must now change. This note proposes a way forward.

What offenses have been committed? Serious frauds, that's what. Some of the most prominent Climategate emailers appear, on the face of the evidence in the emails, to be engaged with each other and with others in an elaborate series of connected deceptions calculated to enrich themselves and their associates, impoverish everyone else and destroy key industries and national economies wholesale by systematically and often greatly exaggerating the supposed threat and costs of anthropogenic “global warming”, the certainty of the science that underlies the IPCC's claims, and the effectiveness of the various methods proposed for the attempted mitigation of anthropogenic “global warming”, while correspondingly understating the benefits of that warming and the costs of its attempted mitigation.

So, why don't the police go and feel their collars rather than picking on the blameless “Tallbloke”? Not least because the police are by no means as expert in understanding the ins and outs of climate physics and economics as we are. They simply don't get the significance of the emails because no one has ever explained it to them.

The true significance of “hide the decline”, for instance, is not at all evident on a superficial reading of the emails. The police will not, therefore, read the emails with our eyes, unless we help them to understand their shocking significance.

If we explain to the police how the various frauds evident in the Climategate emails work, and how they are connected to each other and to additional frauds designed artificially and dishonestly to magnify the supposed threat of “global warming” in the IPCC's documents and to minimize the egregiously disproportionate cost of trying to make “global warming” go away, they will understand and – more importantly – they will act, for that is what the law requires them to do.

In many jurisdictions, fraud is a common-law offense: that of obtaining a pecuniary advantage for oneself, or inflicting a pecuniary disadvantage upon another, by deception. The twin tests are money gain or loss, and deception.

In the United Kingdom, the Fraud Act 2006 has given fraud a very detailed, statutory definition, which may be summarized as the obtaining of a temporary or permanent gain (whether by keeping what one has or by getting what one does not have) or the infliction upon another of a temporary or permanent loss (whether by not getting what one might get or by parting with what one has), the gain or loss being in money or other real or personal property (including things in action or other intangible property), with the intent either of obtaining a gain for the offender or for another or of causing loss to another or of exposing another to a risk of loss, whether by dishonestly making an untrue or misleading express or implied representation that the offender knows is or may be untrue or misleading; or by dishonestly failing to disclose to another person information which the offender is under a legal duty to disclose; or by dishonestly (by act or omission) abusing a position in which he is expected to safeguard, or not to act against, the financial interest of another person.

In some jurisdictions, “serious fraud” is defined as a fraud that either involves offenders in a position of public trust or very substantial sums of money or both. The connected frauds revealed in the Climategate emails involve both.

The test for money gain or loss is automatically passed by all of the connected frauds that have led to the exaggerated claims of the IPCC and its supporters: for the massive loss to taxpayers and to users of gasoline and electricity, to name but many, is already well documented.

Each fraud that we allege, therefore, must be a clear, demonstrable instance of a specific deception by an identifiable person that contributes to the overall deception. Some examples –

Suppose, for instance, that a particular graph appearing thrice in the IPCC's Fourth Assessment Report uses a bogus statistical technique so as falsely to demonstrate that the Earth is warming ever faster and that we are to blame. That may be a mistake. However, if a report by a competent statistician demonstrates that the technique is indeed bogus, and if, say, a lead author of the Fourth Assessment Report is asked to have the error corrected but refuses to do so and instead writes attempting to justify the false graph on deceptive and erroneous grounds, then that lead author may be guilty of fraud. It is then open to any citizen of his or her nation to go to the police and make a complaint. The deception lies in the willingness of the lead author to leave the erroneous graph uncorrected, knowing that it conveys incorrect information calculated falsely to exaggerate the influence of Man on the climate. The perpetrator's omission to act as a reasonable lead author would act is fraud.

Suppose that the lead author of an IPCC chapter admits that he allowed a flagrantly incorrect value to appear in the Fourth Assessment Report because “I wanted to influence governments”, and suppose that notwithstanding the objections of the “reviewers” the erroneous value was printed, and suppose that for several months the IPCC, at the highest levels, tried to conceal the deception. That is fraud.

Suppose that a politician has gotten rich by preaching about “global warming” in an unduly alarmist way. Suppose that in a widely-publicized presentation he shows details of an experiment that was not conducted in the purported fashion and did not, therefore, confirm the official story-line to the degree he was suggesting. That is plainly a deception. It is fraud.

Suppose that a senior official of an international meteorological organization is filmed saying that global mean surface temperature trends should be taken over 30 years, and that his interlocutor politely points out that those 30 years largely coincided with the warming phase of the great ocean oscillations and that, therefore, the trends should be taken over 60 years so as to remove the exaggeration by including the cooling phase as well. Suppose that the official then tells his interlocutor that he does not wish to be lectured, and then makes a false complaint to the UNFCCC secretariat that he has been harassed. In isolation the episode is insignificant. But in the context of the wider series of connected frauds by this and other organizations, the official has furthered or attempted to further the deception by initially attempting to conceal the fact that the 30 years in question fell largely in the warming phase of a natural ocean oscillation and then, upon being challenged, by making a false allegation against his interlocutor. The official's misconduct – in the wider context – is not merely gross unprofessionalism. It is fraud.

Suppose the keeper of a global temperature record, on receiving requests to supply the data and methods underlying the compilation of that record, refuses to comply, corresponds with other “scientists” about how to avoid complying with freedom-of-information requests, and thereby succeeds in concealing for many years several fundamental defects in the keeping and processing of the data. In isolation the episode may be put down to mere incompetence combined with an understandable desire to avoid a deserved professional humiliation. However, in the context of the wider series of connected frauds, a jury might well find such an episode to constitute fraud, in that a false air of reliability and respectability has been created so as to give the IPCC process a specious air of scientific integrity.

Notice how each such episode – in isolation – might well provoke little more than a shrug of the shoulders from the prosecuting authorities, because they do not realize how the fraud fits into the grander scheme of those who are by a multitude of related artifices and deceptions driving the climate scare beyond all scientific justification. However, look at the frauds I have described, but this time look at them not in isolation but together. It is only then that the sheer, breathtaking, arrogant enormity of the overall scheme of deception becomes visible to those who have not observed it before.

Next steps: I have begun drafting a memorandum for the prosecuting authorities, together with all evidence necessary to establish not only the existence of numerous specific instances of scientific or economic fraud in relation to the official “global warming” storyline but also the connections between these instances, and the overall scheme of deception that the individual artifices appear calculated to reinforce. In each instance, the perpetrators of the fraud will be named and their roles described.

Once the report has been completed, it will be reviewed carefully by experienced criminal lawyers in each of the national jurisdictions in which the perpetrators reside. The report will then be submitted to the prosecuting authorities in each jurisdiction, with a complaint lodged by lawyers acting for citizens of that jurisdiction against perpetrators there. No complaints can be lodged against the IPCC or the UNFCCC, for they are beyond any national jurisdiction. However, individual “scientists” can be brought to book in the countries where they normally reside.

Here is how you can help. If you consider any specific aspect of “global warming” science to contain an element of fraud as defined and illustrated here, then please – in strictest confidence – get in touch and let me have as much detail as possible. Be specific. Name names. Give details. If you can, supply or point me to backup evidence.

Since the information you will be supplying to me is in contemplation of criminal proceedings, it is privileged and no libel suit would succeed even in the unlikely event that the perpetrators discovered you had contacted me. Your details will be kept confidential, and will not appear in the report or be passed to any authorities.

Don't be coy. It is all too easy to fall for the line now being ever-more-anxiously peddled by some of the more notorious fraudsters – that science cannot thrive in an atmosphere where scientists who publish honest research in good faith can find themselves having to answer charges in a criminal court.

Let one thing be quite clear: the test for the felony that is fraud is a high one. The lawyers who will be reading the memorandum when it is complete will not allow any element of the fraud to go forward as a complaint to the prosecuting authorities unless there is a clear, prima-facie case that wilful deception has occurred. Honest science is not under attack here: only dishonest science. And a dishonest scientist can no more claim immunity from prosecution than anyone else.

Don't hang back. This is your chance to make the police state work not for Them but you, and to bring this costly scare to an end.

Filed under: un, ipcc, cru, cru2, key, intimidation, funding