U.S. PR Firm Aiding Libya May Have Violated Federal Law

Posted By Richard Pollock On March 14, 2011 @ 12:00 am In Uncategorized | No
Comments
<http://pajamasmedia.com/blog/u-s-pr-firm-aiding-libya-may-have-violated-fed
eral-law/?print=1#comments_controls> 

Evidence is mounting that the Monitor Group, which has been caught promoting
Libya in the United States under a $3 million contract, may have violated
numerous federal laws.

A July 2006 memo
<http://www.guardian.co.uk/world/interactive/2011/mar/04/libya-gaddafi-monit
or-documents-letter>  [1] from CEO Mark B. Fuller to Libyan Abd Allah
al-Sanusi unveiled an ambitious pro-Gaddafi PR campaign for both the United
States and Britain. Al-Sanusi is a reputed Libyan intelligence chief
<http://www.guardian.co.uk/world/interactive/2011/mar/04/libya-gaddafi-monit
or-documents-letter>  [1]. Fuller wrote:

We will created a tailored program to introduce and bring to Libya a
meticulously selected group of independent and objective experts. . We will
jointly identify relevant policy-makers and influencers, politicians, (both
Democratic and Republican), government officials, thought leaders and
academics and journalists.

Earlier this month, a 2007 contract
<http://pajamasmedia.com/files/2011/03/Monitor-Contract_qadhafi2.pdf>  [2]
between the Libyan government and the Monitor Group was uncovered by Libyan
rebels. Its release has caused an international furor and caused the head of
the London School of Economics, which collaborated with Monitor, to be
dismissed. The Monitor contract states the company waged a PR campaign in
Britain and in the United States to "enhance the profile of Libya and
Muammar Gaddafi."

Federal law specifically states that "public relations counsel" on behalf of
a foreign government must register with the Justice Department. Section 611
of the United States Code defines such a counselor as:

Any person who engages directly or indirectly in informing, advising, or in
any way representing a principal in any public relations matter pertaining
to political or public interests, policies, or relations of such (foreign)
principal.

The company may also run afoul of federal lobbying registration requirements
under the Legislative Disclosure Act of 1995. Anyone engaged in any
"lobbying activities" on behalf of domestic or foreign interests must
register with the U.S. Congress through the Clerk of the House of
Representatives.

Directors and officers of the firm are liable for federal penalties and
imprisonment for willful omission of foreign agent activity.

In 2007 the Monitor Group apparently - and secretly
<http://www.cbsnews.com/stories/2011/03/06/opinion/main20039904.shtml>  [3]
- paid untold sums of money to former Clinton national security official
Joseph Nye and to anti-capitalist American academic Benjamin Barber. Both
were recruited by Monitor to write and speak favorably about Libya. They
appeared on television talk shows and published opinion articles in print
media such as the New Republic and the Washington Post.

Jonathan Wiener, blogging on cbsnews.com
<http://www.cbsnews.com/stories/2011/03/06/opinion/main20039904.shtml>  [3],
links other Americans to the Monitor payroll, including Harvard University's
Robert Putnam and Francis Fukuyama of Johns Hopkins. It is not yet known how
many other American "experts" were on the Monitor payroll for Libya.

A review by PJM of the Justice Department's Foreign Agents Registration Act
(FARA) database does not identify any Monitor registration or filing on
behalf of any government. A Justice Department source has confirmed to PJM
that the Monitor Group has neither registered nor filed on behalf of any
Libyan principal or government entity. There also is no Monitor lobbying
reporting or registration with the Clerk of the House.

The Sunlight Foundation
<http://sunlightfoundation.com/blog/2011/03/01/us-consulting-group-working-f
or-libya-did-not-register-as-foreign-agent/>  [4] believes the Monitor Group
is in violation of  FARA - Paul Blumenthal
<http://sunlightfoundation.com/people/pblumenthal/> [5]of Sunlight says the
July 2006 Monitor memo confirms it. He cites the part of the memo that says
Monitor will begin identifying "critical figures . among policy makers,
government, media, think tanks, academics, journalists, private sector
companies and lobby groups," providing support for "publication of positive
articles on Libya," and coordinating with Libya's "existing lobbyists to
ensure an integrated program."

Some claim the Monitor's contract was with Gaddafi's second son - Saif al
Islam al-Gaddafi - and not with Col. Muammar Gaddafi and his government.
Saif founded a "charity" called the Gaddafi International Charity and
Development Foundation. He moved in British high society and met with many
high-ranking British officials. Saif gave a $2.5 million gift to the London
School of Economics, and was awarded a Ph.D from the university. Joseph Nye
is thanked by Saif in his dissertation for helping him with it.

Benjamin Barber told Wiener:

I didn't take money from Gaddafi. The money to Monitor was coming from the
Gaddafi Foundation, funded by Saif, who was providing the impetus for
reform.

Yet this appears to be irrelevant - the federal reporting law applies to
governments, individuals, and organizations - and also false: the 2006 and
2007 contracts make no reference to Saif or his charity. The 2007 document
says it is the between the Libyan government and the "Monitor Group Foreign
Government Services LLC."

Monitor operates 26 worldwide offices. There is a possibility the Libyan
principals paid Monitor to one of its overseas offices, perhaps in London.
If the money was not repatriated to the United States, it is possible that
the firm might not have to report the funds to the U.S. government.

This theory appears weak, however: the contract's payment terms are in U.S.
dollars, not British pounds or euros. In addition, a financial analysis of
the Monitor Group by Vault Worldwide says the company co-mingles its
worldwide receipts into the headquarters - which is in Cambridge,
Massachusetts. As noted in Wikipedia
<http://en.wikipedia.org/wiki/Monitor_Group>  [6]:

Managed as an integrated system of international offices, Monitor's offices
are not treated as separate profit-generating units, but rather as different
posts of a single company. The profits generated by all offices are brought
in together as a firm.

The firm was founded in 1983
<http://www.monitor.com/AboutUs/WhoWeAre/HistoryandFacts/tabid/116/L/en-US/D
efault.aspx>  [7] by six faculty members of the Harvard Business School, and
most of today's senior officers are from HBS. They built an unusual global
PR firm <http://www.consultingmag.com/article/ART220763?C=gURCsz77JMmNoIxj>
[8] that talks in future-speak. There are no presidents or corporate
spokespersons - just "thought leaders" and "chief knowledge officers."

The Monitor Group certainly is a massive global firm. It has 1,500
employees, although in 2008 a poor economy forced it to lay off about 20% of
its workforce. A Securities and Exchange Commission listing
<http://pajamasmedia.com/files/2011/03/Monitor-Group-SEC-entities.pdf>  [9]
actually identifies the Monitor Group as 24 different companies - all
located at the same Cambridge address. The SEC listing and other documents
suggest the multinational firm also operates its own hedge fund and mutual
fund. Their equity company, Monitor Ventures
<http://pajamasmedia.com/files/2011/03/Monitor-Group-private-equity.pdf>
[10], is a private equity company with $2 billion under management.

Les Campbell, a Middle East expert with the National Democratic Institute,
recalls his organization being pestered for many years by Monitor over
Libya:

Libya was up to this sort of thing for a long time through the Monitor
Group. . I don't know how many DVDs I got of Gaddafi talking about
democracy.

Campbell recalls two Monitor meetings in his office in Washington, D.C. One
was with Gaddafi's son, Saif. The other was with Benjamin Barber and the
executive director of Saif's charity, Dr. Youssef Mohamed Sawani:

The Monitor Group once brought a guy in named Sawani, who was the head of
the Gaddafi foundation. He came with Benjamin Barber actually to come and
see us. We met with him and Barber. I felt it was very unsatisfactory.

The 2006 contract called for American and British delegations to go to
Libya. Campbell told PJM:

[I knew Monitor] organized a whole series of trips to Libya for various
luminaries. So Frank Fukiyama, for example went to Libya, a kind of a public
intellectual. Benjamin Barber went too, kind of a public intellectual.

The Sunlight Foundation has reported that Monitor executives are looking
into FARA requirements to determine if they are afoul of the law.

  _____  

Article printed from Pajamas Media: http://pajamasmedia.com

URL to article:
http://pajamasmedia.com/blog/u-s-pr-firm-aiding-libya-may-have-violated-fede
ral-law/

URLs in this post: 

[1] July 2006 memo:
http://www.guardian.co.uk/world/interactive/2011/mar/04/libya-gaddafi-monito
r-documents-letter

[2] 2007 contract:
http://pajamasmedia.com/files/2011/03/Monitor-Contract_qadhafi2.pdf

[3] secretly:
http://www.cbsnews.com/stories/2011/03/06/opinion/main20039904.shtml

[4] Sunlight Foundation:
http://sunlightfoundation.com/blog/2011/03/01/us-consulting-group-working-fo
r-libya-did-not-register-as-foreign-agent/

[5] Paul Blumenthal : http://sunlightfoundation.com/people/pblumenthal/

[6] Wikipedia: http://en.wikipedia.org/wiki/Monitor_Group

[7] founded in 1983:
http://www.monitor.com/AboutUs/WhoWeAre/HistoryandFacts/tabid/116/L/en-US/De
fault.aspx

[8] unusual global PR firm:
http://www.consultingmag.com/article/ART220763?C=gURCsz77JMmNoIxj

[9] A Securities and Exchange Commission listing:
http://pajamasmedia.com/files/2011/03/Monitor-Group-SEC-entities.pdf

[10] Monitor Ventures:
http://pajamasmedia.com/files/2011/03/Monitor-Group-private-equity.pdf

 



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