Eideard

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Archive for the ‘Crime’ Category

A Ponzi scheme goes to trial, resolution over religion and the law

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Sugarcreek, Ohio – This village is as sweet as its name. Main Street climbs gently from a tidy railroad crossing, past a few gift shops to the simple brick First Mennonite Church…

This postcard from a gentler and simpler America is about as unlikely a place imaginable for the news that broke in September: one of Sugarcreek’s own, a prominent member of what some people here call the Plain Community, was under arrest, accused by federal prosecutors of running a Ponzi scheme that betrayed his neighbors’ trust and wiped out more than $16 million of their savings.

The news media made the obvious comparisons…

But the most intriguing aspect of Monroe Beachy’s story is how different it seems from Bernie Madoff’s — and from almost every other story with a “Ponzi scheme” headline over the years.

While victims of Mr. Madoff’s fraud, like most Ponzi victims, condemned their accused betrayer in court as a monster, many of Monroe Beachy’s investors have said in court that it is more important to forgive him than to recover their money.

While the Madoff case and others like it have inevitably created conflict between longtime investors fighting to keep their fictional profits and more recent investors trying to recover lost principal, some Beachy investors urged that their own share of his estate should be given to those in greater need.

And while Mr. Madoff’s wife and sons instantly became social pariahs in Manhattan, Mr. Beachy’s wife and children remain at his farmstead here, living peacefully with their neighbors…

It became the forum for a rare bankruptcy court battle over religious freedom, with Mr. Beachy’s Amish and Mennonite creditors insisting that the court’s way of dealing with his downfall could not be squared with their faith or with his…They formed their own committee to resolve the crime. There were two confounding contradictions: [1] all the creditors were not members of their faith and bound by the same methods or conclusions; [2] we still live in a constitutional republic where civil law takes precedence over religious rote.

Last March, Federal Bankruptcy Judge Russ Kendig in Canton, in the federal courthouse closest to Sugarcreek, ruled that “delegating insolvency proceedings to a religious body” would be unconstitutional…

No part of this story contrasts as sharply with the real Bernie Madoff case as what happened next…

We are agreed among ourselves to accept your ruling as the will of Almighty God in this matter,” they wrote, after thanking him for considering their point of view so carefully. “If there is anything which we can do as members of the Amish-Mennonite community to facilitate the bankruptcy process and help bring it to a speedy conclusion please do not hesitate to contact any member” of the committee.

Unlike most American flavors of fundamentalist religion, these folks recognize and respect the law of the land over their religious beliefs. They call it God’s Will. An interesting way around the contradictions of their belief system; but, it leaves our constitution intact and doesn’t waste months and years trying to wear down the court system.

RTFA. It is a long and convoluted tale. One not without illustrations of every human frailty – even for folks who assay that frailty results from the supernatural.

Written by eideard

February 25, 2012 at 6:00 pm

U.S. spy agencies see no move by Iran to build a nuclear bomb

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Even as the United Nations’ nuclear watchdog said in a new report Friday that Iran had accelerated its uranium enrichment program, American intelligence analysts continue to believe that there is no hard evidence that Iran has decided to build a nuclear bomb.

Recent assessments by American spy agencies are broadly consistent with a 2007 intelligence finding that concluded that Iran had abandoned its nuclear weapons program years earlier, according to current and former American officials. The officials said that assessment was largely reaffirmed in a 2010 National Intelligence Estimate, and that it remains the consensus view of America’s 16 intelligence agencies.

…There is no dispute among American, Israeli and European intelligence officials that Iran has been enriching nuclear fuel and developing some necessary infrastructure to become a nuclear power. But the Central Intelligence Agency and other intelligence agencies believe that Iran has yet to decide whether to resume a parallel program to design a nuclear warhead — a program they believe was essentially halted in 2003 and which would be necessary for Iran to build a nuclear bomb. Iranian officials maintain that their nuclear program is for civilian purposes…

Not that fact has the slightest effect on the ideology of American chickenhawks.

Read the rest of this entry »

Written by eideard

February 25, 2012 at 2:00 pm

Judge awards $850 to iPhone user in AT&T throttling case

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When AT&T started slowing down the data service for his iPhone, Matt Spaccarelli, an unemployed truck driver and student, took the country’s largest telecommunications company to small claims court. And won.

His award: $850.

Pro-tem Judge Russell Nadel found in favor of Spaccarelli in Ventura Superior Court in Simi Valley on Friday, saying it wasn’t fair for the company to purposely slow down his iPhone, when it had sold him an “unlimited data” plan.

Spaccarelli could have many imitators. AT&T has some 17 million customers with “unlimited data” plans who can be subject to throttling. That’s nearly half of its smartphone users. AT&T forbids them from consolidating their claims into a class action or taking them to a jury trial. That leaves small claims actions and arbitration.

Late last year, AT&T started slowing down data service for the top 5 percent of its smartphone subscribers with “unlimited” plans. It had warned that it would start doing so, but many subscribers have been surprised by how little data use it takes for throttling to kick in —often less than AT&T provides to those on limited or “tiered” plans.

Spaccarelli said his phone is being throttled after he’s used 1.5 gigabytes to 2 gigabytes of data within a new billing cycle. Meanwhile, AT&T provides 3 gigabytes of data to subscribers on a tiered plan that costs the same — $30 per month.

When slowed down, the phone can still be used for calls and text messaging, but Web browsing is painfully slow, and video streaming doesn’t work at all…

Companies with as many potentially aggrieved customers as AT&T usually brace themselves for a class-action lawsuit. But last year, the Supreme Court upheld a clause in the Dallas-based company’s subscriber contract that prohibits customers from taking their complaints to class actions or jury trials.

Just in case you thought the sleazy array of Republicans added to the Supremes in the last couple of decades would never come up with decisions that affect your daily life. Add a moneygrubber corporation decision like this – to the Citizens United crap decision which says a corporation is just another person when it comes to bankrolling politicians.

Greedy bastards like AT&T can stand on one foot for a couple centuries while individuals try to take their cases through small claims court one at a time. A couple hundred bucks means a lot more to ordinary working folks than beancounters shuffling lawyers on retainer through local courts on a platoon system designed to screw us all.

Written by eideard

February 25, 2012 at 10:00 am

Heartless thieves steal lovers’ padlocks

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Photo by Dandelion & Burdock

German police caught two thieves breaking open “lovers’ padlocks” attached to a bridge over the Rhine River in the city of Cologne.

The pair were cutting padlocks, left by amorous couples to symbolize their eternal love, off a railing on the Hohenzollern Bridge presumably to sell as scrap metal, police said.

“I spotted two men on the other side of the bridge tampering with the lovers’ padlocks, so I called for back-up straight away,” a police officer said. The men tried to escape with their loot after spotting police but were apprehended on the bridge.

Police discovered over 50 padlocks along with lock cutters in a trolley suitcase, wheeled along by the men…

Love-struck couples have been fastening padlocks to railings of bridges, engraving them with their initials or adding a few sentimental words and then tossing the keys into the rivers below to symbolize their eternal love.

My suggestion is, I fear, rather obvious. Padlock – or handcuff – these two scumbags together and throw them into the river.

Written by eideard

February 24, 2012 at 2:00 pm

Salvadoran mass murderer may be deported from the country which paid for his services – the United States

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Mothers and families of El Salvador’s assassinated, disappeared 40,000 citizens
Mike Goldwater photo

An immigration judge in Florida has cleared the way for the deportation from the United States of Gen. Carlos Eugenio Vides Casanova, a former defense minister of El Salvador, finding that he assisted in acts of torture and murder committed by soldiers under his command during the civil war there, including several notorious killings of Americans.

The decision by Judge James Grim of immigration court in Orlando is the first time that federal immigration prosecutors have established that a top-ranking foreign military commander can be deported based on human rights violations under a law passed in 2004, in the aftermath of the Sept. 11 terrorist attacks, intended to bar human rights violators from coming to or living in the United States.

Judge Grim found that General Vides assisted in the killings of four American churchwomen on a rural road in El Salvador in 1980, a crime that caused shock there and in Washington and presaged the bloody violence that would engulf the Central American nation for the next decade. The immigration judge’s ruling is the first time General Vides has been held responsible for those deaths in a court of law.

Five soldiers from the Salvadoran National Guard were eventually convicted of the killings and served long prison sentences. General Vides was the commander of the National Guard at the time of the murders.

The effort by Department of Homeland Security officials to seek the deportation of General Vides, who was El Salvador’s defense minister from 1983 to 1989, is a turnabout in American foreign policy. He was a close ally of Washington throughout the war against leftist guerrillas in the 1980s, and was embraced as a reformer despite rampant rights violations by the armed forces under his command.

Judge Grim also determined that General Vides had assisted in the torture of two Salvadorans, Juan Romagoza and Daniel Alvarado, who testified against him in hearings last spring in the immigration court in Orlando.

“This is the first case where the Department of Homeland Security has taken this relatively new law and applied it to the highest military commander of their country to seek their removal,” said Carolyn Patty Blum, senior legal adviser for the Center for Justice and Accountability, a nonprofit legal group in San Francisco that represented several torture victims in the case. She called the decision “hugely significant” for future efforts to bring immigration cases for human rights abuses against the highest-level military commanders and government officials.

Republicans and Democrats alike have always justified the Murder, Incorporated style of American foreign policy as expedient during the Cold War. The ending of the Cold War has done nothing to change the style and substance of those policies. And, frankly, this case is surprising in its challenge to established strategy.

I have to wonder if the DOJ/DHS managed to offer a conscience separate from the White House or if Obama has cracked the door open to legitimate human rights concerns?

I presume you know that Congress as presently constituted will offer no such change. In fact, I imagine some of the most fascist-minded creeps will call for committee hearings on “America growing soft on terrorism” or something reflecting the corruption of what passes for conservatism in America.

They could recall Dick Cheney, secretary of War under Bush the Elder – who declared no involvement of the United States or Salvadoran political thugs in any of these murders.

Written by eideard

February 24, 2012 at 10:00 am

Afghan boys halted on way to Pakistan madrassah to be indoctrinated as suicide bombers

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Afghan police said they rescued a convoy of 41 children, some aged as young as six, from being smuggled over the border to Pakistan and trained as suicide bombers.

The children were stopped in a convoy of cars driven by four Afghan men in the mountainous eastern province of Kunar, police and interior ministry officials said. They said their parents had been fooled into believing they were sending their children to religious schools across the border, but were instead being sent to be trained to attack Afghan and international forces.

“They were bringing these children in the name of education, but they were not being sent to schools,” a police official in the province said, “They were being sent to be suicide bombers”.

The children were to be taken to a madrassah at Shamshato, close to Peshawar, which officials said was a recruiting ground for militants belonging to Hizb-i-Islami, one of Afghanistan’s main insurgent factions…

Several said they were from the violent Pech and Korengal valleys and had lost their fathers in clashes between American troops and insurgents, or in Nato airstrikes. They told reporters that with their fathers gone, their families could not afford to look after them so they were being sent to private madrassahs where they would receive free food and clothes…

Seddiq Seddiqi, spokesman for the interior ministry, said: “It was obvious what was happening with these boys. They were being taken across the border, without any paperwork or documentation, to Pakistan where there are lots of these madrassahs. They train these children and then they send them back to carry out attacks.”

The shame, the crime of stealing the youth, the lives of these children rests solely on the heads of the base criminals leading the Taliban theocracy. They are as guilty as any thug who steals and kills children for profit.

Using schools, clothing and food for the poor as an instrument to brainwash children is nothing new – in many cultures. Doing so to turn them into murderers is reprehensible.

Written by eideard

February 23, 2012 at 2:00 pm

8th-grader suspended for use, possession or traffic — of oregano

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An eighth-grade student in North Carolina was suspended for 55 days for showing another boy a bag of oregano and claiming it was marijuana, his family said.

“It was just a joke,” the boy’s mother told FoxNews.com. “He’s embarrassed that it’s turned into such a big issue. He’s actually said he doesn’t know why he did it. But he didn’t have an illegal substance to begin with.”

The Rutherford Institute, a civil liberties group best known for defending the right to religious expression, has taken up the boy’s cause. John Whitehead, the institute’s president, said the suspension may violate the boy’s constitutional rights…

Under Union County Public Schools policy, students can be suspended for 10 days for possession of a real or counterfeit drug with an additional 45 days possible if the student’s behavior was egregious. Whitehead argues that oregano is clearly not an illegal drug, and the school district does not define counterfeit drugs.

Any schools left in this nation that [a] concentrate on education instead of being nannies – and [b] have a sense of humor?

Written by eideard

February 23, 2012 at 2:00 am

Nagoya Mayor denies historic massacre – Nanjing suspends relations with Nagoya

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Nanjing Massacre Museum
Daylife/Reuters Pictures

The Chinese city of Nanjing has suspended its sister-city relationship with Nagoya, Japan, after Nagoya’s mayor expressed doubts that the Japanese Army’s 1937 Nanjing Massacre actually took place…

The falling out began Monday, when Nagoya’s mayor, Takashi Kawamura, told a visiting delegation of Chinese Communist Party officials from Nanjing that he doubted that Japanese troops had massacred Chinese civilians. Most historians say that at a minimum, tens of thousands of civilians were slaughtered in Nanjing in one of the most infamous atrocities of Japan’s military expansion across Asia in the early 20th century.

The falling out underscored how differing views of history remain a problem in Japan’s ties with the nations that it once conquered. While such denials are common by Japanese conservatives like Mr. Kawamura, they are rarely raised in such a public manner, or directly to Chinese officials…

Still, the Japanese government scrambled to head off a full-blown diplomatic quarrel. The top government spokesman restated Japan’s official position that the massacre did, in fact, take place…

On Wednesday, Mr. Kawamura remained unrepentant, saying that he did not intend to retract the statement or apologize…

Such disagreements between Japan and its neighbors have quieted from the early 2000s, when Junichiro Koizumi, then prime minister, angered many in China and South Korea by visiting the Yasukuni shrine in Tokyo that honors Japan’s war dead, included executed war criminals.

I’ve written about this before. People in China haven’t forgotten. Why should I?

Written by eideard

February 22, 2012 at 6:00 pm

Koran burning triggers Afghan protests — anyone surprised?

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About 2,000 Afghans protested outside the main US military base in Afghanistan on Tuesday over a report that foreign soldiers improperly disposed of copies of the Koran. US helicopters fired flares to try to break up as many as 2,000 demonstrators who massed outside several gates to the base, chanting anti-foreigner slogans and throwing stones.

Roshna Khalid, the provincial governor’s spokeswoman, said copies of the Muslim holy book had been burnt inside Bagram airbase, an hour’s drive north of the capital Kabul, citing accounts from local labourers.

“The labourers normally take the garbage outside and they found the remains of Korans” Khalid said. Nato’s top general in Afghanistan attempted to contain fury over the incident, which could be a public relations disaster for the US military as it tries to pacify the country ahead of the withdrawal of foreign combat troops in 2014.

“When we learned of these actions, we immediately intervened and stopped them. The materials recovered will be properly handled by appropriate religious authorities,” said general John Allen, head of the International Security Assistance Force ( ISAF). “This was NOT intentional in any way…”

Is this general an idiot? Is every officer in his command an obedient puppet idiot? Every military force in the West has a book to go by. And doing it “by the book” while stationed abroad is how you do it. Believe me – there already are rules and regulations governing everything from how and why the military acquired copies of the Koran – how they were used by the military – and what was appropriate when that use was completed.

Bagram also houses a prison for Afghans detained by US forces. The centre has caused resentment among Afghans because of reports of torture and ill-treatment of suspected Taliban prisoners, with president Hamid Karzai demanding the transfer of prisoners to Afghan security.

Winning the hearts and minds of Afghans is critical to US efforts to defeating the Taliban but critics say Western forces often fail to grasp Afghanistan’s religious and cultural sensitivities.

American-led forces often fail to grasp the religious and cultural sensitivities of anyone whose kin weren’t on the losing side of the American Civil War. Much less lands outside the territorial boundaries of the 50 states. It doesn’t have to be that way.

There is no shortage of bright, inquisitive, studious, able folks who have joined our military in recent decades. They’re dedicated to bringing our military and our politics into the 21st Century. They just don’t happen to be in charge of a whole helluva lot.

Written by eideard

February 22, 2012 at 10:00 am

Despite year-old court order, kids in tainted daycare still not being regularly tested for mercury poisoning

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Catherine Cuffy and son Garrett at the Franklin Township site after demolition

Despite a judge’s order more than a year ago, the children who inhaled toxic mercury vapors in the infamous former Kiddie Kollege day care still have not been monitored for potential medical problems.

The story attracted national attention in July 2006, after New Jersey inspectors discovered babies and children playing inside a heavily contaminated Gloucester County building that had once been a thermometer factory.

Kiddie Kollege has become a frequently cited cautionary tale as laws have been adopted to keep other children from being subjected to toxins. But the 100 who were exposed over two years at the Franklin Township day care and nursery school have been nearly forgotten in a bitter court fight that is again gathering steam…

“I keep wondering how our kids got lost in the system,” said Catherine Cuffy, whose son, Garrett, attended Kiddie Kollege from age 18 months to 3.

“Other than demolish the building, they haven’t done anything for the children,” Cuffy said. “There was no follow-up to find out ‘did the mercury affect them, and how?”

When the state Department of Health tested the children’s urine in the weeks after the day care was closed, Garrett’s had an elevated level of the toxin. Subsequent tests showed the levels had dropped…

Years of litigation led to a stormy three-month trial and a Jan. 11, 2011, verdict by New Jersey Superior Court Judge James Rafferty. All of the defendants were negligent, he said, because they knew of the contamination before the day care obtained approvals to open.

Rafferty, who delayed his retirement to finish the case, ordered the defendants to contribute to a $1.5 million fund for neuropsychological tests until the children reached age 24. Relying upon expert medical testimony, the judge said there was a need for early detection and treatment if health problems emerged.

But the testing was never launched.

Some of the necessary funds are already in escrow. RTFA and you need a scorecard to figure out which combination of lawyers, politicians, property-owners sucks the most. No one seems to give a damn about kids.

It’s been a year since the testing was ordered to start and none of that seems to be as important as shuffling the stacks of money required to guarantee the tests – with lawyers taking a cut at every hearing.

Written by eideard

February 20, 2012 at 2:00 am

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