Thursday, April 15, 2004

Anthem chief to get merit pay of $42.5 million

Title: Anthem chief to get merit pay of $42.5 million
Source: Indianapolis Star
Date: April 6, 2004

Anthem is a health care provider. According to the article, Anthem's CEO, Larry C. Glasscock, "will receive a $42.5 million stock-and-cash award" on top of his "salary, bonus and other compensation of $3.73 million."

This sort of unbelievable compensation is a primary force driving health care costs up so dramatically. From the article:
    Sidney Bobb, of Plainfield, who is covered by Anthem under a policy earned by his wife, Judy, a retired schoolteacher with Avon Schools, said he's complained to Anthem in e-mails about boosting its executives' pay while raising his annual premiums from $6,000 in 2001 to $8,000 this year. Anthem also raised the couple's co-pay to see a doctor to $25 from $10 a visit, he said.

    'We're the one making that stock double like that,' he said. 'We're the ones paying for all that' money in executive salaries.
This is exactly the case. Consumers pay much higher prices to pay for these immense executive salaries. That is how the concentration of wealth works.


At 4:46 PM, Blogger Joe said...

JD-X% - Private A.G. JD-X%

To: CEO MONITOR PANELS - Interior Dept. Dirk Kempshire – Paulson – D. Cheyne

Date: April 10 2007
Re: Clearing Houses Like QRS, IRI, Lundberg & Economic Treason
This qui tam submission involves clearinghouses & economic treason & economic equality. What follows are some law fact draft highlights.


Each person most knowledgeable & responsible swore:

A. No, I never considered supply and demand as a factor” in … price….

To subvert economic equality, below is A classic cartel clearinghouse, anointed by your guardians:

Q. Okay. Now … in 1997 the goal is to maintain a four to five percent spread between Walmart, Target & K-mart. Do you see that?
A. Yes, I do.

Q. Was that the goal in 1997?
A. Yes, it was.

It’s an all element, all item, overall averaged pact; this is white shoe ivy’s owns rule about it:

Q. So … to … carry out an agreement to achieve the … average price … over a period of time, what type of info… would they need to be exchanging?

A. ... the prices of … the … SKUs and … the volumes … sold at various prices, including when … on promotion … to calculate an average weighted price … inherent in a weighted average is something about volumes [sold] ….


A. We all contract with Nielsen & IRI, sell them our price, unit, & dollar sales data, they pool our data for us, into reports, cut to specs we order. We monitor … to make sure no one is cheating.

A. Granted, that only measured supermarkets, & not the others who do not sell their price, unit & dollar sales data to these clearinghouses. There are times when we get a little bit out of line with our revenue sharing & unit allocation pacts; when we do we back up, to get in line with the schedule.


A. They get their rival clients scanner data from the retailer, crunch it, & develop movement share. Data that they in fact, furnish back [on request, by contract], to the [rival] retailers, stating their respective share of movement in ... particular item categories of merchandize.

Q. [Does IRI report] ... dollar [& unit] sales [for category items]?
A. Correct.

Q. [This IRI Doc] says L... has 16.3% of the market [unit & dollar] sales, right?
A. [It] doesn’t … equal 100%.

Q. You mean 16% of 100% of the [total] market?
A. No.

Q. You see if you’re gaining, loosing, or stabilizing share on the other [members]?
A. On the group [reported] yes.

Q. Do you remember the question?
A. This has always been difficult to answer because, depending on what geography you use, if you order the Las Vegas report or San Diego report, or Fresno, e.g., & depending on which chains you order price, unit & dollar sales data for, just the chains, the independents, or Certified grocers, e.g., the relative numbers move around a little bit.

Q. How do you define “movement information”?
A. What is actually sold through the check-stand.


Q. And back to the sensitivity. Could you tell the jury what you mean when you give something a sensitivity rating?

A. What sensitivity rating is and how it is used in our department is based on sales for that particular item. What we look at is the top ten to 15 percent of total sales within the grocery department, as an example.

A. Those items that make up that list have a sensitivity rating of an A. Items that now fall into the next tier or next level of sales would then pick up an identifier of a B rating.

A. C rating for the next level, and then D rating for items that don't have nearly the sales on a weekly basis in the store. Most likely would be items that you would … be buying once every four months… once every six months. And that is used in identifying and creating specific formulas to maintain our price spread with our competitors.

Q. And so with regard to e..., when you rate e... with an A sensitivity, that means that you know that e... is a volume, a large volume [=big $] item, correct?
A. Yes.


This is a sample of the Sugar , __U.S.__ “Schedule”

A. V... is a competitor, yes.

Q. Some of these tiers are based on V...' prices, yes?
A. Based on V...', yes.

Q. So you at L... are basing a price on prices at V..., if I understand right?
A. We are looking at our strategies and our price differential with V..., which says we're looking at being four to five cents four to five percent b… V... and setting our retails accordingly.

It is always a three dimensional compact – price, units, revenue rigs, called price fixing, market allocation, & revenue sharing:

Q. What do you do when the target store has a sale? Do you still match that price?
A. We ignore sale & promotional prices in our basic pricing policy.

Mail Bounce

“Knowledge of a competitor’s prices seemed to have the affect of keeping prices within a narrow ambit.”

By omission, fiduciary class plaintiff & defense counsel harbor indefensible, capital, offensive crimes.

By omission, guardian judges subvert their owed duty to elements, definitions, America.
ALL CONTRACTS that restrain trade, aka, up costs which ups prices to Americans who are owed the lowest possible price and the best available meds, homes, cars, food, fuels, e.g., are wicked, capital felonies. Container, 393 U.S. 333 (’69) is a flat felony CONTRACT case, slid, deceitfully, by the king-pin supreme court wizards, as an element empty COMBINATION-CONSPIRACY case - see the word CONTRACT deleted from the anlalysis? It meets all the elements, de facto.


“A contract is an agreement to do or not do a certain thing. It gives rise to an obligation or duty.”

“The term contract is generic, including varieties described as voidable, unenforceable, formal, informal, express, implied, unilateral, bilateral.”

“A bilateral contract is one in which there are mutual promises, a promise being given in consideration for another promise.”
Essential elements of a contract are: parties, consent, & dual considerations – RECIPROCITY OPS:

Q. Can you tell me, generally, what this document is?
A. [It] is our store-level policy of how many people we would let come in & price check one of our stores at any one time, & also the parameters for what [rivals’] price checkers do at our stores.


A. THE WITNESS: May I comment that it also talks about … our price-checkers – how they should be acting when they are in & visiting a rival store.

Q. By Mr. Bo..s: Mr. Dahlen, this document looks like it is a Food4Less document, is that correct?
A. Yes

Q. Okay. Do you know whether the information contained in this document is the policy of R... with regard to price surveys, as well as Food4Less?

A. Yes.

Q. Can you explain generally what that policy is?
A. Generally, we don’t allow more than two rival enemies in our store at one particular time. We do allow them to use electronic equipment when they are in our store. We do ... ask, if it appears they are price-checking our stores, who they are from, what they are doing, specifically.


And, each maintains data entry staff who generate shelf tag bar codes encrypted with price data for rivals to get quick, with their electronic infra-red optic guns. It’s all in-house, formatted by their MSI department daily, with current price data – sales too:



Both codes, in DR 1-103(A) & the rules (Rule 8.3(a)) require lawyers to report misconduct of other lawyers under certain circumstances. Lawyers sometimes call this the “squeal rule,” which should tell you something about its popularity. Judges are under the same obligation. Code of Judicial Conduct (1990) (Section 3(D)(2).


This quote from my favorite case is a critical variable:
Although fragmentary … [IT] … compute[s]….

I am certainly not imagining the fact that I parroted & proposed that exact Supreme case jury instruction in January 1999, which my mason brother D. Howarth redacted from my clients proposal, without my or their knowledge, to be later redacted from the book a few months later.

"Experience declares that man is the only animal which devours his own kind, for I can apply no milder term to the governments … and to the general prey of the rich on the poor."

I am not the one who bleached the 1990 version of the three step Container Cartel ELEMENTS in the 1999 ABA Model Jury Instructions in Anti-Trust cases (PRICE RIGHT OR PRICE WRONG PROTOCOL).

IT is wicked, & I am confident that any reasonably jurist & jury of lay people, with the facts properly presented, will concur:
ABA, Sample Jury Instructions in Civil Antitrust Cases, B-30-32 (1990) declares per se illegal the following direct evidence elements:

A) The exchange of current price data (price-checking);
B) That affects pricing of stuff;
C) Causing higher prices.

It is specifically patterned after U.S. v. Container, 393 U.S. 333 (’69), declaring a flat, hard core felony the concerted “seeking, obtaining & using” rival data” to establish & maintain rival based “match” or rival based “narrow ambit” strategy.


Q. BY MR. KENDRICK: Are you familiar with … WIC …?
A. As much as I know? Vouchers have a maximum redemption value. A poor mother goes into the store and exchanges the voucher for staples.

Q. And who writes in the amount?
A. I believe the checkers write in the – [MAX] amount, yes.

Q. And with respect, specifically, to cereal, what price are the checkers instructed to write in on that?
A. The max price … they charge the mom.


A. WIC ... it's a ... food transfer program ... the federal government has in cooperating with the states. -- "the [MAX] WIC price on ... cereal tends to be the barometer for cereal prices."

A. I've looked at cartels where they have agreed on a ... barometer or price or floor price, yes.

Q. And did you ... ask ... if they ... had conversations ... about all using the WIC price ... barometer? Did you have those conversations with anybody in your interview?
A. No, I did not.


Q. Just to be clear, this process takes two days, the surveying of Vons Lakewood store?
A. I believe currently we’re on a one-day schedule. In the past, I know we have been on a two-day schedule.

Q. Is that an eight-hour day?
A. Yes.

Q. Is it fair to say that, like Lakewood, the survey of (Albertsons) Lucky Riverside store (& La Mirada) is eight hours a day?
A. Yes.

I am not the one that erased the rule of elements from the law, like Elliot Disner did in his California Anti-Trust Jury Instruction actionable book. I am not the one who erased the rule of equal consideration & the 9th & 10Th Amendment from the cases, like my Columbus brother A. Scalia.
I swear under penalty of perjury, on my father & mothers’ graves, on the white cross, on my constitution, all stated herein are is verifiable.

Speech does not lose its protected character … simply because it may embarrass others or coerce them into action.

Executed on: _________________
C: My D file – Round 33

At 4:52 PM, Blogger Joe said...


To: EXECUTIVE CONTROLLERS Neel, J. Snow, B. Bernanke, C. Rice – A. Scalia & Stevens
Date: March 21, 2007
This qui tam bit is about how umbrella spread Sugar partners contract to check up on each others price floor pacts, in store, face to face, to keep retails & revenues way over cost marks & way above those who pay more for the exact same items sold, like .99 & $1.00 stores. Again, I have not proofed my writings because IT covers good & plenty to put you on actual notice, all of which SHALL BE TAKEN JUDICIAL NOTICE OF!
Naturally, this is another peaceful letter of compromise. Under the circumstances, while never excusable, I hope you are able to check your baggage & forgive my venting some of my frustrations with you & your team!
First, “IT” is critical to distinguish between the bar coding on the package of items & the bar coding posted on the shelves in the store, which are posted by rivals for rivals. That fact alone is called direct evidence of a horizontal contract – reciprocity!


Q. "Telxon equipment can wand UPC codes," what does that mean?
A. What that means is that there is a universal pricing code on a product, and by wanding or punching in the UPC code it can recognize the item base, you know, vis-a-vis the universal pricing code system.

Q. What is a universal -- what is the Universal Pricing Code system?

A. That is the common manufacturer item identification that is used across the country for identifying products. It's the scan bar on the back of a product.

Q. What … information --
A. It just says [e.g.] this UPC code is Del Monte Corn.

It is pretty simple stuff – called the “SKU,” Stock Keeping Unit, which simply identifies:

A) The company that made it,
B) What IT is; &
C) What size IT is.

Take ice cream: what size is IT? Is IT Chocolate Chip Cookie dough? Is it Rocky Road? Is it Vanilla Swiss Almond? When IT comes from the manufacturer, it has absolutely no price data on it. IT contains product I.D. data only. Thus, the name Universal Pricing Code is a big faux paw, because, lawfully, IT may only contain product I.D., not price specs.

Again, bar codes on packages, pasted by manufacturers, do not contain retail price data. They contain only manufacturer & item identification data.

The bar coding on packages is used to track items sold by a single company, in house, at each level in the chain of distribution: manufacturer, distributor & retailer, e.g.


Conversely, the bar coding strips posted on shelves next to the items with bar coding on the packaging is not used:

A) In house, to track items or stock; or
B) To inform consumers about anything at all.

Make no mistake about IT - We The People can’t even read what type of data is burned onto strips posted on shelves.

Unlike the bar codes on packages, which manufacturers glue to items, chain executives print shelf bar code tags with current price & item I.D. data, illegally, for rivals to pick up:

A) Specific current retail prices for all items posted.
The sole purpose for which strips on chain shelves are posted, at enormous indirect cost, wholly unrelated to serving us, is:


A. Oh, no.


Q. Do you know what a wand device is?
A. A wand device?

Q. Wand device. I'm looking -- looking at the highlight -- the bolded --
A. That is what I described earlier with regard to Telxon.

A. I said you could "wand" an item. It may not necessarily be Telxon.

A. It may be some other type of equipment, but there is generally a wand attached to one of these electronic scanning machines, and it's no more than a laser beam.


The following supremely binding verbatim quotes directly apply to the facts above:


Each [chain executive] … on receiving that request [to post bar codes with prices] … furnished the data with the expectation that it would be furnished reciprocal information when it wanted it.


[T]he essence of the agreement was to furnish [& to furnish access to bar coded] price information whenever requested.


Rivals current price data, posted by rivals for rivals, to get quick & use to keep prices stabilized is the essence of the criminal act. These supreme quotes from a single case articulates the flat ban:

1. The reciprocal exchange of [access to] price information was concerted action sufficient to establish the combination or conspiracy ingredient of 1 of the Act.

Further, the price … [coded data] was the current price … a customer would need to pay in order to obtain products from the [top CEO] … furnishing the data.

“The result of this reciprocal exchange of prices was to stabilize prices though at a downward level. Knowledge of a competitor's price usually meant matching that price. The continuation of some [sales or temporary] price [drop] competition is not fatal to the … case. The limitation or reduction of price competition brings the case within the ban, for as we held in United States v. Socony-Vacuum interference with the setting of price by free market forces is unlawful per se.”

Posting bar coded prices isn’t all they agreed to do. They need to permit their rival executives access to those bar code prices to check up, so they entered this express contract too:

A. [I]f the competitor allows us to survey their stores, we will allow them to....”


The impeccable PHD Ken Elzinga correctly swore that felony Sugar Spread Cartel members require:
A. [Price data] … communication because they require a way ... to communicate on [price data] terms ... and to monitor compliance.

And the good doctors clients, all three chairmen of the board, by agency, confirmed these facts:

Q. You spend 5, almost $500,000 a year sending people out in the field to do price checks [up]...correct?

A. That is correct ... the reason ... is ... we've got bad data ... out there.


Q. Okay. So is it true that with a hold retail [computer lock] pricing strategy, [so] cost increases [& decreases] don't affect the week to week price … right?
A. I would state that because of the volatility of the [commodity] … market … the cost may change by up one penny or down one penny over the course of maybe week after week after week.

A. And [ALL dairy line items are] … put on hold retail, as are other categories that are like that, so there wouldn't be [regular retail] fluctuations up and down.

"Q. How about with lowering the price, is there a threshold on a drop in your supplier's cost that would trigger a reduction in the retail price?
"A. I don't know of any, no.

All staple item price floors are rigidly fixed, by schedule a year in advance, & firmly stabilized throughout the year, in concert. Those rigid floors provide the basis of artificially inflated revenue forecasts.

Sadly, in concert, the pros agreed upon & implemented the below script to deceitfully mask the forbidden Sugar Schedule truth:
"Q. Okay. At points in time when the regular price is not 2.09, what factors go into your decision to change the price from 2.09?

"A. The same, some of the same factors I mentioned earlier in my testimonial – my testimony, the cost of the [thing]…, historical margins, my overall margin targets from all the categories, and competitive retails.


By stream of direct contracts (allowing access plus), the lucky Albertson’s, for the rival Chairmen team, confessed that they synchronize, electronically, their entire show:

Q. Okay. And what's the strategy document?

A. That is ... based off ... price check [ups]. The price check [up] data [software] ... utilizes formulas ... on sensitivity rankings.... If we want to be two percent lower than Vons on B ... items, then [IT] ... calculates [IT]....

The intelligence you are looking at, in the event there is any doubt in your mind, illustrates a super mature, highly developed, totally automated & double checked by monitoring, full court, wall-to-wall market manipulation. It is also called economic treason, by definition, anointed by guess who? Sponsored by guess who? Monitored by guess who:

A. I get the form. I compare ... reported prices.... And I ... determine if it's in line with the pricing policy. If it's not, I'll make the change in that ... region where [it] ... is not in line.

The Scottish Rite Creed

The cause of human progress our cause, the enfranchisement of human thought is our supreme wish, the freedom of human conscience is our mission, and the guarantee of equal rights to all people everywhere, the end of our contention.


Q. Okay. With respect to your responsibility … during the period 1990 to 1993, were you responsible for setting sale prices?
A. Yes.

Q. And during that period do you recall if Vons had a policy with respect to the WIC Program whereby, if [Safeway] Vons put … on sale, a WIC customer would not get the sale price?

A. I don't recall.

Q. BY MR. KE--: Are you familiar with the WIC Program and how it works when a customer comes in?
A. Vaguely.

Q. And can you tell me what that is?
A. My understanding of it?

Q. Yes.


A. As much as I know? They are provided vouchers for various food products or a combination of food products. Vouchers have a maximum redemption value. A customer goes into the store and exchanges the voucher for a specific product that is on that voucher.

Q. And does [Safeway] Vons [E.T. all] write in the amount to be reimbursed?
A. I believe the checkers write in the -- the amount, yes.

Q. And with respect, specifically, to [cereal & milk] …, what price are the checkers instructed to write in on that?

A. Well, I believe they are instructed to write in the price.
Q. And what price is that?
A. The price that they charge the [single mom] customer.


Q. Right. So if a customer has both WIC purchases and non-WIC purchases, the WIC purchases --
A. Right.

Q. -- are rung up separately; is that correct?
A. I believe that's true.

The questions & answers are verbatim from sworn testimony no one would probe but me. The entire above factual background was wholly concealed by Barristers, men like Anthony C. Joseph, Brians Brain & Bub, David Ringwood, Robert Takasugi, Gary Allen Fees, Gerald Lewis, Robert Trentacosta, David Danielson, Charles Murray, Dane Dauphine, Joanne Remke – they all are on constructive notice of everything in both sets of files plus, & they all owed & still owe a fiduciary duty to air it, in & out of court. They are all bush mason hoods, & they worship the Sun-Day-God, like John Ashcroft & Alberto Gonzales – Unfit? Indeed!


“IT” is worth way more than money honey!

According to Disciplinary Rule 7-102 of the Model Code of Professional Responsibility, a senator, judge, executive shall not:
(1) Conceal or knowingly fail to disclose that which he is required by law to reveal;

(2) Knowingly use perjured testimony or false evidence;

(3) Participate in the creation or preservation of evidence when he knows or should know that it is false;

(4) Counsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent; and

(5) Knowingly engage in other illegal or conduct contrary to a Disciplinary Rule.

Similarly, the Model Rule counterpart to DR 7-102, Rule 4.1(a), prohibits an attorney from making false statements of material fact or law to a third person. Although "material fact" is not specifically defined in the rules, the comment to Model Rule 4.1 suggests that materiality will depend on the circumstances in which the issue arises. The comment gives as examples the following: (1) "estimates of price or value placed on the subject of a transaction" and (2) " a party's intentions as to an acceptable settlement of a claim . . . ."
Then there is the issue of malpractice – on all guardians’ part. What do you think the metaphorical “reasonable” man of negligence would do? Full Disclosure is OWED TO ALL – BY YOU & YOUR TEAM!


"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."

That quote applies roundly to your teammates, Chiefs Consuelo (L.A.) Marshall & M. Patel (S.F.) & Johnny Rawlings (Vegas), all of whom have been on direct, actual notice, by me personally, of good & plenty since late 2001. I did my full court circuit training!
The greatest reward for doing is the opportunity to do more serving others, all others you all put on MUTE.

We have serious problems right here my friends, & WE need serious people to cure them.


1.75 GIGS for all I have identified & A. P., & wax property taxes you pool & split with your seditious state governor partners in crime, take IT or leave IT. Have you put ME & MINE on the “hands off list” yet? IT is necessary – proper Article 1 qualified, unlike most all of your statutory smut law!

[T]he men who drafted our … Rights did all the 'balancing' that was to be done in this field.''

And you might want to keep this in mind concerning the entire San Diego actor teams ongoing crimes against me & my entire family:


[A] defendant shall not be subject to separate trials for multiple criminal offenses based on … conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court.
Separate Actions;
Multiple Offenses;
Arising From Same Episode;
Known to appropriate Prosecutor
In The Jurisdiction & Venue of A Single Court.

Bush calculated a back up plan because he knew he had no case against me from go, so he split the same episode as plan B, furnishing, on request, his federal 4 trial notebooks to re-use against me in State Court.

Ex excuted on:______________________ ___________________________

C: My D file, turn white, round 19!


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