Full disclosure: the author is Brazilian and JBS is originated in Brazil.
The District Attorney in New York, Laetitia James (Democrat) has won the case against Trump (Republican).
The governor of New York – Kathy Hochul (Democrat) – has rushed to assure that other companies have nothing to fear, for the decision was only and just because of derelict conduct of one businessman and the law abiding companies had nothing to fear.
A week later, Laetitia James started prosecuting JBS a food processing company for not following a pledge, based on the exact same law used to prosecute Trump. “Executive Law § 63(12) (General Business Law § 350 Violation)”
“NEW YORK – New York Attorney General Letitia James today filed a lawsuit against JBS USA Food Company and JBS USA Food Company Holdings (JBS USA), the American subsidiary of the world’s largest producer of beef products, for misleading the public about its environmental impact. JBS USA has claimed that it will achieve net zero greenhouse gas emissions by 2040, despite documented plans to increase production, and therefore increase its carbon footprint.”
Observe that JBS have no actual direct managed production facilities in New York, but is being sued for “selling beefs in New York state”. Watch out companies in America and abroad, the precedent allows for any company that sells in New York state to be sued if the state coffers need some cash.
The democrat D. A. claims that the company has not achieved the promises in 2040, thus is liable for prosecution. This would be fun, for JBS is being sued for failing to meet a pledge they have 6 years to meet. This is not fun because the same judge – Arthur Engoron (democrat) – may judge the case and thus have a enormous fine to be paid for a crime in the future.
Is there a law that holds companies liable for promises made? The free intepretation of Executive Law § 63(12) (General Business Law § 350 Violation) allows for it and with the precedents set by Ergoron the democrat judge, everyone must be worried.
If the standard is held, and one sure hope it did, like in the case when General Motors got billions of subsidized dollars to keep American Jobs during Obama (democrat) administration. GM got the money but fired plenty of workers afterwards. The same happened with Stellantis, the mother company of Fiat, Chrisler, Citroen, Peugeot and many others. Stellantis pledged to have its merger passed in order to strenghen the companies but have dismissed hundreds of engineers this week, 23rd of march 2024.
Perhaps a sizeable contribution to some political party would get some bona fide in prosecution, perhaps? No, I am not saying that is is a quid pro quod. I am just wondering what if.
Laetitia James believes that “Beef has the highest total greenhouse gas emissions of any major food commodity,” thus its production must be curbed in order not to warm the planed by anthropogenic causes and that JBS has not disclosed how much greenhouse gases its chain of production emits.
Not New York laws nor Federal laws demands this disclosure and thus the lawsuit is based on the Executive Law, General Business Law paragraph 350. “
- Executive Law § 63(12) authorizes the State to seek injunctive and
other relief when any person engages in repeated or persistent fraudulent or illegal
conduct. - General Business Law Article 22-A, § 350 prohibits false advertising in
the conduct of any business, trade or commerce or in the furnishing of any service in
the State of New York. - As set forth in paragraphs 1 through 157, JBS USA has repeatedly
violated General Business Law § 350 by engaging in deceptive acts or practices
including but not limited to making misrepresentations in its advertisements,
websites and online publications, either expressly or by implication, including that
it would achieve net zero greenhouse gas emissions by 2040.
The case in question is yet to be analyzed, but the fundamental problem is that the alleged crime date has not been passed yet. JBS could have achieved the goals in 2040 but Laetitia James is not ready to wait for the date.
CASUISM THE SCOURGE OF BANANA REPUBLICS.
Laetitia James is the same democrat D. A. that does not prosecute illegal immigrants for they may have the claim to asylum, which most of them claim, although they have not followed the procedure for asylum seekers. Asylum seekers must go to a border patrol before being caught by the border patrol and pledge asylum. She is also the D. A. who will prosecute policemen for using force to subdue criminals – suspected criminals that resist arrest.
The majority of the “asylum seekers” do not follow the protocol and should not be treated as such, because this jeopardize the safety of legitimate asylum seekers.
This type of casuistic justice is more of a Banana Republic, where the friendly interest of some are protected and the unfriendly interests of others are challenged by the law.
This precedent is bad. It has politicized justice and actually have weaponized justice in order to make legislation by D. A.s and Judges and not by Congress or by State Asseblies. The D. A. chooses what laws to enforce and which ones will not be enforced. The Judge will not interpret the law as per his convictions, but by the party that he – she – is affiliated and will not only do so knowing that his decision will be overturned in the Appelate court, but will give the weapons for the political campaign and in certain cases will jail a political candidate that is the adversary of this party.
References:
Attorney General James Sues World’s Largest Beef Producer for Misrepresenting Environmental Impact of Their Products (ny.gov) https://ag.ny.gov/press-release/2024/attorney-general-james-sues-worlds-largest-beef-producer-misrepresenting