There is a debate raging over at my favorite blog the ABA News today over what should happen to "poor little Lindsey Lohan". For the uninitiated, She has been in two drug related DWI's she has completely destroyed her probations and she has been sentenced to 90 days in jail and rehab. She then fired her attorney (yes it must be their fault that you are a F.U. and need to be ib jail the way fish need to be in water)and demands that she get a "pro bono" lawyer. Her rep said she had already paid for two lawyers and now the government should pay.
She is pathetic but aside from that, should Lindsey go to jail and for how long. You may be wondering why I care. I suggest to you that we should all care. Not only about Lohan, but Gibson, and Spears and a number of other A-list stars who while the tabloids make them fodder, corrupt our corrections and criminal justice systems.
Hat tip: ABA New Now
Look, in our system, “punishment is not meant to fit the crime” it is meant to fit the criminal. Despite the BS from “victim advocates” Corrections is about correcting. It costs us way too much money to incarcerate people who do bad things but whom we can handle in other ways.
I get really frustrated every time I hear a crime victim cry out for jail time. You want jail time, you pay for it. I only want jail when it is needed to get the person back into life and being a productive tax paying entity. I don't like crime and I feel bad for victims but not at the expense of my family and yours. Restitution and knowing that the perpetrator is being addressed so as to reduce the chance someone else will suffer, is all that a criminal justice system owes to the victim. If they want more, they can avail themselves of the civil Justice system. The Criminal Justice system owes me and you however a corrected and useful member of society. A person who can carry their own weight without again becoming part of the system again. It owes us some semblance of safety as well. Lohan is not a mass murderer, though she has been lucky not to take a life. If we incarcerate her without getting her help, she just comes out an older addict just as likely to re-offend and kill or maim someone. Hence Jail for Jail’s sake is a waste of my tax money and everyone's time. I abhor such waste especially by government.
Lohan is not just a person, she is a product. Just like Mel Gibson and Britney. Because of them, many people have jobs. Many more will have jobs and those people pay taxes and help an economy that we all rely on. Staff, record company employees, ticket takers and pop corn salesmen, people who clean up stadiums and offices, parking attendants, all have jobs because of people like these. So do the folks who feed these other people (like the lawyers who serve those people) (not the stars but the help staffs and others)need them working. Who gets really screwed in a baseball strike? The vendors and the fans. The superstars come out just fine. It is very much a butterfly effect. We need to remember this
I suggest more jail is needed for Lohan, not because I want to see her in jail, but because she is an addict and has an addict’s view of the world that needs to be addressed before she can begin to become productive. Until she is brought to bottom, she will not be receptive to the help available to her. She still see’s it as being all about poor little Lindsey. When it becomes about “look what I am doing to all those that depend on me, all those who believe in me, my fans family (as it is constituted) etc, that is when she will begin to be ready to get the help she needs.
Thursday, July 15, 2010
Sunday, July 11, 2010
Why Are American's So Dumb?
This post is a rant, so if you don't want a rant, go elsewhere.
I am sick of seeing a bunch of lunatics try to run our nation on half lies and rumor. I am also sick of people trying to use half-wit reasoning and because they bellow the loudest they get treated like they actually know something. Let's have a nation where everyone's freedom of speech is appreciated and coveted and not just the people with whom we agree.
About a month ago, Helen Thomas went nuts in an impromptu interview with my old (like 40 years long)friend Rabbi David Nessenoff. Now David is one of my oldest and dearest friends. He is without a doubt one of the finest and bravest people I know. He was absolutely right to air his interview with the octogenarian Thomas and he was entitled to draw the opinion that Thomas was both biased against Israeli interests and that she maybe hit an age where she ought best to retire. The former opinion could be gleaned from her statements that Israeli's ought to get out of Palestine and go back to Germany and Russia. For this she shows a bias, but she is entitled to her opinion and no one, and I mean no one should have been asked to remove her from her job. She was a op-ed writer and to do that job she has to have an opinion. I am often moved to want to fire Rachel Maddow, Ariana Huffington, Anne Coulter, and a number of other people who think that debate is nothing more than a bunch of sarcastic comments strung together with a ridiculous idea to make one sound as ludicrous as possible. Then when she has insulted the other side enough she is crowned a spokeswoman for her side.
Not one of these people could hold a lamp to a William F. Buckley, Joan Didion, George Will, or John Galbrith. What passes as debate in today's hip-hop world is not the stiletto sharp barbed airing of ideas but the in your face name-calling that neither educates nor leads one to think. It is all pop and no corn. What's worse is that when we don't agree with them, we try to hound them off the air making them inconsequential.
The latest "High tech lynching" is over at CNN. I am speaking about the firing of 20ish year veteran Octavia Nasr.
She dare tweeted that she was sorry that Hezbollah leader Grand Ayatollah Seyyed Mohammad Hussein Fadlallah had died.
Now personally, I am not all that fond of this guy. He rooted for the destruction of Israel, and blessed the guys who later blew themselves and the US Embassy and a Marine Barracks (killing a number of Americans.) I think he is more terrorist and criminal sympathizer than hero, but I can understand Nasr's appreciation of his pro-women's stance in Islam (now that is something different) and that one may argue that as a Hezbollah leader he has a legitimately obtained dislike for Israel. (Legitimately in that he comes by it naturally having grown up Muslim in the mid-east and didn't come to his position by other choosing).
Of course that "serious" misjudgment that she may have an opinion other than those of her viewers caused CNN to shut her down. Now I get it. We here in the USA like Israel for a number of reasons both good and bad. However to act like a wounded dog and hound her out of a job she did pretty well shows the tolerance of a 3 year old. Freedom of speech with a large part of what makes debate possible. Intelligent debate requires that people who differ and have reasons. I am sure I could make a better case for Fedallah's death than can be made for him being a loving Human Rights figure. That is not the point. Nasr had a right to her views and I a right to disagree. I do not have the right to order her off the air to assuage my feelings.
I am just saying I guess that we aren't going to grow any more smarter just listening to those that agree with our position.
I am just saying...
I am sick of seeing a bunch of lunatics try to run our nation on half lies and rumor. I am also sick of people trying to use half-wit reasoning and because they bellow the loudest they get treated like they actually know something. Let's have a nation where everyone's freedom of speech is appreciated and coveted and not just the people with whom we agree.
About a month ago, Helen Thomas went nuts in an impromptu interview with my old (like 40 years long)friend Rabbi David Nessenoff. Now David is one of my oldest and dearest friends. He is without a doubt one of the finest and bravest people I know. He was absolutely right to air his interview with the octogenarian Thomas and he was entitled to draw the opinion that Thomas was both biased against Israeli interests and that she maybe hit an age where she ought best to retire. The former opinion could be gleaned from her statements that Israeli's ought to get out of Palestine and go back to Germany and Russia. For this she shows a bias, but she is entitled to her opinion and no one, and I mean no one should have been asked to remove her from her job. She was a op-ed writer and to do that job she has to have an opinion. I am often moved to want to fire Rachel Maddow, Ariana Huffington, Anne Coulter, and a number of other people who think that debate is nothing more than a bunch of sarcastic comments strung together with a ridiculous idea to make one sound as ludicrous as possible. Then when she has insulted the other side enough she is crowned a spokeswoman for her side.
Not one of these people could hold a lamp to a William F. Buckley, Joan Didion, George Will, or John Galbrith. What passes as debate in today's hip-hop world is not the stiletto sharp barbed airing of ideas but the in your face name-calling that neither educates nor leads one to think. It is all pop and no corn. What's worse is that when we don't agree with them, we try to hound them off the air making them inconsequential.
The latest "High tech lynching" is over at CNN. I am speaking about the firing of 20ish year veteran Octavia Nasr.
She dare tweeted that she was sorry that Hezbollah leader Grand Ayatollah Seyyed Mohammad Hussein Fadlallah had died.
Now personally, I am not all that fond of this guy. He rooted for the destruction of Israel, and blessed the guys who later blew themselves and the US Embassy and a Marine Barracks (killing a number of Americans.) I think he is more terrorist and criminal sympathizer than hero, but I can understand Nasr's appreciation of his pro-women's stance in Islam (now that is something different) and that one may argue that as a Hezbollah leader he has a legitimately obtained dislike for Israel. (Legitimately in that he comes by it naturally having grown up Muslim in the mid-east and didn't come to his position by other choosing).
Of course that "serious" misjudgment that she may have an opinion other than those of her viewers caused CNN to shut her down. Now I get it. We here in the USA like Israel for a number of reasons both good and bad. However to act like a wounded dog and hound her out of a job she did pretty well shows the tolerance of a 3 year old. Freedom of speech with a large part of what makes debate possible. Intelligent debate requires that people who differ and have reasons. I am sure I could make a better case for Fedallah's death than can be made for him being a loving Human Rights figure. That is not the point. Nasr had a right to her views and I a right to disagree. I do not have the right to order her off the air to assuage my feelings.
I am just saying I guess that we aren't going to grow any more smarter just listening to those that agree with our position.
I am just saying...
Monday, July 05, 2010
Of Regan, Kennedy, and Rockwell: TIme To Reflect On Being An American Not a Republicat or Demorican
A very interesting exhibit opened at the Smithsonian Art Museum In Washington DC. this Fourth of July weekend. It is a retrospective of the works of Norman Rockwell, as seen through the eyes of two of America's greatest living movie directors Steven Spielberg and George Lucas. Each has lent parts of their extensive Rockwell collections to the exhibit.
Rockwell is remembered as a artist who captured America and Americans at their best in worst times. Central to his work were the pieces that became known as the "Four Freedoms."
Rockwell told our story, the American story of the 1930's through the 1960's. His paintings captured the fear and strength of an emerging superpower. He captured our sense of wonder and our sense of determination. He was oft criticized for only capturing our "good times", but anyone who has ever really looked at his body of work, especially at "Southern Justice", and "The Problem We All Live With" knows that Rockwell understood both the American ability to do absolutely the right thing and the most horrible things. He just chose to most often show us, and remind us, of our best moments. His work reinforces that we proceed the farthest the fastest by working together.
In a like way, John F. Kennedy asked us to do the same thing. No one since Lincoln had been more divisive than the Boston Brahmin-like , Harvard educated yet Roman Catholic JFK. Our first WWII vet President and War Hero he was from an old line political machine yet like Theodore Roosevelt spoke like a populist.
He won a contested election. The nation was 50/50 for and against him, and yet Kennedy is revered by most Americans not only because he was killed by an assassin's bullet, but because he called on us to serve each other, to do not what was best or expedient for oneself but to do what was best for our nation. He ushered us in with a feeling that we could do ANYTHING. Land on the moon. Sure! Make the world safe for democracy. Absolutely! Equalize race relations. Without a doubt! We believed because he did. We believed because, our leaders, split as they were against each other, made it their job to do a job.
Ronald Regan. An Actor. A liberal labor leader turned Goldwater Republican. Was gonna lead us into war with the Soviets. Was going to destroy the poor and trample on the rights of everyone he didn't agree with.
Nope. He too saw the shining light on the hilltop as our nation. He engineered the fall of the Soviet Empire, and the rebirth of our nation as a superpower of import without firing a single shot. He stabilized our economy and made us proud of ourselves. Not by focusing on the things that kept us apart, but rather focusing on what brought us together. He fought with leaders of the left, and they with him, but the name calling we were now? The garbage that passes for political debate today? Non existent under his watch.
Regan Kennedy and Rockwell all understood the limits of America, but they called on us to remember not who we weren't but who we were and more importantly whom we could be.
To my Tea Party and Liberal friends, CUT IT OUT! Please don't send me another piece of E-mail that attacks President Obama or Senator McConnell. I don't care at this point where the hell Obama was born. I don't care that Michael Steele took some conservative yuppies to a burlesque show. Please never say "Rush Limbaugh" or "Rachel Maddow"to me, even in a joke.
I care that I want health care. I want my employees covered and I want to be covered. I know you want that too.
I want to be able to afford a vacation and still be able to retire some day. I know you want that too.
I want to give less money to the government and I want to make more money than I do. Who doesn't want this??
I want then poor to have shelter, and education. I want there to be no poverty in our nation. Republicans and Democrats want this too.
I want to live free. I don't want to have to be screened to get into my local library. Don't we all want this?
I want to save the environment and to know that our earth will feed my great great grandchildren someday. It isn't just my dream is it??
I would like you, as my elected officials to only tell me how you will do this. I do not want to hear your critique of the other guy's idea. (I am smart enough to do that critique myself, thank you.)
If I like your ideas better than the others that I hear, I will vote for you, donate to your campaigns and respect you.
If you shout down your opponent, call him or his ideas names mis-characterize his programs and act like a spoiled child if he wins the election, I will not vote for you, I will not support you and I WILL NOT RESPECT YOU!!
I ask, no I beg, the Sergeants at Arms of the United States House and Senate to post a print of Rockwell's "Freedom of Speech" at the door of each chamber. Maybe that will remind you those guys
Hattip: NY Times
Rockwell is remembered as a artist who captured America and Americans at their best in worst times. Central to his work were the pieces that became known as the "Four Freedoms."
Rockwell told our story, the American story of the 1930's through the 1960's. His paintings captured the fear and strength of an emerging superpower. He captured our sense of wonder and our sense of determination. He was oft criticized for only capturing our "good times", but anyone who has ever really looked at his body of work, especially at "Southern Justice", and "The Problem We All Live With" knows that Rockwell understood both the American ability to do absolutely the right thing and the most horrible things. He just chose to most often show us, and remind us, of our best moments. His work reinforces that we proceed the farthest the fastest by working together.
In a like way, John F. Kennedy asked us to do the same thing. No one since Lincoln had been more divisive than the Boston Brahmin-like , Harvard educated yet Roman Catholic JFK. Our first WWII vet President and War Hero he was from an old line political machine yet like Theodore Roosevelt spoke like a populist.
He won a contested election. The nation was 50/50 for and against him, and yet Kennedy is revered by most Americans not only because he was killed by an assassin's bullet, but because he called on us to serve each other, to do not what was best or expedient for oneself but to do what was best for our nation. He ushered us in with a feeling that we could do ANYTHING. Land on the moon. Sure! Make the world safe for democracy. Absolutely! Equalize race relations. Without a doubt! We believed because he did. We believed because, our leaders, split as they were against each other, made it their job to do a job.
Ronald Regan. An Actor. A liberal labor leader turned Goldwater Republican. Was gonna lead us into war with the Soviets. Was going to destroy the poor and trample on the rights of everyone he didn't agree with.
Nope. He too saw the shining light on the hilltop as our nation. He engineered the fall of the Soviet Empire, and the rebirth of our nation as a superpower of import without firing a single shot. He stabilized our economy and made us proud of ourselves. Not by focusing on the things that kept us apart, but rather focusing on what brought us together. He fought with leaders of the left, and they with him, but the name calling we were now? The garbage that passes for political debate today? Non existent under his watch.
Regan Kennedy and Rockwell all understood the limits of America, but they called on us to remember not who we weren't but who we were and more importantly whom we could be.
To my Tea Party and Liberal friends, CUT IT OUT! Please don't send me another piece of E-mail that attacks President Obama or Senator McConnell. I don't care at this point where the hell Obama was born. I don't care that Michael Steele took some conservative yuppies to a burlesque show. Please never say "Rush Limbaugh" or "Rachel Maddow"to me, even in a joke.
I care that I want health care. I want my employees covered and I want to be covered. I know you want that too.
I want to be able to afford a vacation and still be able to retire some day. I know you want that too.
I want to give less money to the government and I want to make more money than I do. Who doesn't want this??
I want then poor to have shelter, and education. I want there to be no poverty in our nation. Republicans and Democrats want this too.
I want to live free. I don't want to have to be screened to get into my local library. Don't we all want this?
I want to save the environment and to know that our earth will feed my great great grandchildren someday. It isn't just my dream is it??
I would like you, as my elected officials to only tell me how you will do this. I do not want to hear your critique of the other guy's idea. (I am smart enough to do that critique myself, thank you.)
If I like your ideas better than the others that I hear, I will vote for you, donate to your campaigns and respect you.
If you shout down your opponent, call him or his ideas names mis-characterize his programs and act like a spoiled child if he wins the election, I will not vote for you, I will not support you and I WILL NOT RESPECT YOU!!
I ask, no I beg, the Sergeants at Arms of the United States House and Senate to post a print of Rockwell's "Freedom of Speech" at the door of each chamber. Maybe that will remind you those guys
Hattip: NY Times
Friday, July 02, 2010
Happy Fourth of July: Ray Charles Sings America The Beautiful
This is an ode, a love song to a country. My Country, Our Country. I love to hear Ray Charles sing America the Beautiful. Please listen to it with me today and all weekend. The words to the original are printed here below:
America the Beautiful
Words by Katharine Lee Bates,
Melody by Samuel Ward
O beautiful for spacious skies,
For amber waves of grain,
For purple mountain majesties
Above the fruited plain!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!
O beautiful for pilgrim feet
Whose stern impassioned stress
A thoroughfare of freedom beat
Across the wilderness!
America! America!
God mend thine every flaw,
Confirm thy soul in self-control,
Thy liberty in law!
O beautiful for heroes proved
In liberating strife.
Who more than self their country loved
And mercy more than life!
America! America!
May God thy gold refine
Till all success be nobleness
And every gain divine!
O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!
O beautiful for halcyon skies,
For amber waves of grain,
For purple mountain majesties
Above the enameled plain!
America! America!
God shed his grace on thee
Till souls wax fair as earth and air
And music-hearted sea!
O beautiful for pilgrims feet,
Whose stem impassioned stress
A thoroughfare for freedom beat
Across the wilderness!
America! America!
God shed his grace on thee
Till paths be wrought through
wilds of thought
By pilgrim foot and knee!
O beautiful for glory-tale
Of liberating strife
When once and twice,
for man's avail
Men lavished precious life!
America! America!
God shed his grace on thee
Till selfish gain no longer stain
The banner of the free!
O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed his grace on thee
Till nobler men keep once again
Thy whiter jubilee!
I cannot say it better than they did. Please have a safe and happy Fourth of July.
Hattip: Scoutsongs.com
and
Youtube.com
America the Beautiful
Words by Katharine Lee Bates,
Melody by Samuel Ward
O beautiful for spacious skies,
For amber waves of grain,
For purple mountain majesties
Above the fruited plain!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!
O beautiful for pilgrim feet
Whose stern impassioned stress
A thoroughfare of freedom beat
Across the wilderness!
America! America!
God mend thine every flaw,
Confirm thy soul in self-control,
Thy liberty in law!
O beautiful for heroes proved
In liberating strife.
Who more than self their country loved
And mercy more than life!
America! America!
May God thy gold refine
Till all success be nobleness
And every gain divine!
O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed his grace on thee
And crown thy good with brotherhood
From sea to shining sea!
O beautiful for halcyon skies,
For amber waves of grain,
For purple mountain majesties
Above the enameled plain!
America! America!
God shed his grace on thee
Till souls wax fair as earth and air
And music-hearted sea!
O beautiful for pilgrims feet,
Whose stem impassioned stress
A thoroughfare for freedom beat
Across the wilderness!
America! America!
God shed his grace on thee
Till paths be wrought through
wilds of thought
By pilgrim foot and knee!
O beautiful for glory-tale
Of liberating strife
When once and twice,
for man's avail
Men lavished precious life!
America! America!
God shed his grace on thee
Till selfish gain no longer stain
The banner of the free!
O beautiful for patriot dream
That sees beyond the years
Thine alabaster cities gleam
Undimmed by human tears!
America! America!
God shed his grace on thee
Till nobler men keep once again
Thy whiter jubilee!
I cannot say it better than they did. Please have a safe and happy Fourth of July.
Hattip: Scoutsongs.com
and
Youtube.com
Monday, June 28, 2010
Planning to come to NYC this Fourth of July?
A friend posted on Facebook that he was coming to NY City on the weekend of the Fourth of July. He asked for suggestions on things to do in NY City Queens Brooklyn and Long Island.
Here are my suggestions for food and fun in New York City:
July 2nd:
Dine early at Bella Blu on 70th and Lex then cab across town to catch
either "Promises Promises" or "Fences" (with Denzel Washington) before it closes on the 13th.)
July 3rd:
Go to the Museum of Sex, it is not what you think but you will learn a lot and there is usually no lines. Not sure if it is open on the holiday though.
GO to Houston Street and "Send a Salami to a Kid in the ARMY" at Katz's Kosher Deli 205 Houston street. It is correctly pronounced HOW STUN not U STONE like they do it in Texas. "Doze guys don't know nuttin bout how ta talk." By the way have a Pastrami and Corn Beef combo sandwich it is legendary. Do not order a RUBEN or anything with cheese. It's a KOSHER DELI!!
Shop in SOHO and NOHO, Catch the World Cup semi final match at a good Irish Bar in NOHO.
OR
For the more athletic head over to the HUDSON BOATHOUSE and paddle the HUDSON River for a 20 minute Kayak trip exploring the Hudson meet up at 72nd Street and Hudson River (Riverside Park) and boys and girls IT's FREE!!! Get there before 4 it is over at 5 and it starts at 11AM so plan accordingly. (Maybe only half of a Katz's sandwich)
Make reservations and eat at the best Steakhouse in NYC (but it is located in Brooklyn.) Walk over the Williamsburg Bridge and it is right at the bottom of the bridge across from the historic Williamsburg Savings bank. It is called Peter Luger's Steakhouse. It DOES NOT TAKE CREDIT CARDS BRING A LOT OF CASH (Order Steak for 3 (about$200 bucks) with the Homefried Potatoes and DO NOT ORDER the appetizers as you will not have room. Wash it down with Brooklyn Lager. Have any desert "MIT SCHLAG" (whipped cream but trust me, it is different here). Take a cab back to Manhattan, write me a thank you note...
On Friday or Saturday night: Go to Jazz at Lincoln Center's Dizzy's Coca Cola Club for the second show and stay for the after show and if there is one, the show after that (Cost you about 50 dollars pp for the night.) The Jazz is unreal even if it isn't the kind of music you usually listen too. GO BACK TO HOTEL IT IS AFTER 2AM.
JULY 4th
Walk across the Brooklyn Bridge and go to Grimaldi's pizza on the other side. They do not sell slices and do not take credit cards. Bring cash.
now walk back across and then go across to Battery park and get ready for the FIREWORKS (yup it is on the Hudson River this year) Find a spot by 7 the show starts at 9:30 and ends at 10ish. Bring a transistor radio and listen to the music on 1010 AM.
Want to do something... DECADENT???
Walk back up Canal street to the east side and then go north on the Bowery and go left on Spring Street (at the end of Little Italy and start of SOHO) then
Go into "Rice to Riches" on Spring and Mott streets, Have the most unbelievable gourmet rice pudding EVER. (Send some to me as a gift for all this insider info). It closes at 1 am. It will be crowded until the close. Taste all the different types then pick two AND get a topping or two. I like the Strawberries and they are in season now.
JULY 5th
Up early? Get to Jones Beach on Long Island and catch up with some sun. Get a spot early leave by NOON too much sun is bad for you.
Get a cab to Astoria, and enjoy some of the best Ethnic food in NY. There is great Afgan and Middle eastern cuisine on Steinway street smoke some hooka.
I love the Italian at Brick Cafe on 34th Ave and 31st St. OR you could get the best Italian anywhere at Trattoria L'incontro (Ditmars and 31st Ave)which features the creations of it's owner Rocco Sacrome. DO NOT EVEN THINK OF ORDERING FROM THE MENU!! Everyone will know you are a tourist! Rocco offers over 40 specials and trust me THEY ARE ALL SPECIAL. They are recited by the staff from memory. The place is unreal. The food is Abruzzese style. If you haven't tried it, try it today, Abruzzi is the finest region of Italy. If his new Cookbook is published, buy it and get it autographed.
okay time to finish the day:
Go to Citi Field get there by 5 and watch batting practice then look at the Jackie Robinson Exhibit in the main hall, Then catch the game Mets (a half game out of 1st as of tonight) v. Cincinnati Reds. Stay after it ends for the FIREWORKS (it is pyrotechniques nite) The stadium is beautiful the food there at all the vendors is top notch and I love fireworks.
Or you could just book down to Governor's Island for the afternoon, sunbathe listen to music, eat your picnic basket lunch (which you got from Dean and Deluca's in Rockefeller Center. Then stay till nightfall and listen to a free outdoor concert by the NY Philharmonic. Do I hear another trip to Rice to Riches? Or maybe a repast of French food at L'Express on Park and 19th it is open 24/7 and is good. If you get there before 12AM you can go to Les Halles a couple blocks north on Park Ave. it is the home of Chef Anthony Bourdin of Food Channel fame.
July 6th
On the way to La Guardia in the Morning catch breakfast at Jackson Hole just north of the airport on the Grand Central.
Or
You could visit me...
Have fun and have a safe trip.
Oh yeah we know have offices at 14 Wall Street in Lower Manhattan.
Here are my suggestions for food and fun in New York City:
July 2nd:
Dine early at Bella Blu on 70th and Lex then cab across town to catch
either "Promises Promises" or "Fences" (with Denzel Washington) before it closes on the 13th.)
July 3rd:
Go to the Museum of Sex, it is not what you think but you will learn a lot and there is usually no lines. Not sure if it is open on the holiday though.
GO to Houston Street and "Send a Salami to a Kid in the ARMY" at Katz's Kosher Deli 205 Houston street. It is correctly pronounced HOW STUN not U STONE like they do it in Texas. "Doze guys don't know nuttin bout how ta talk." By the way have a Pastrami and Corn Beef combo sandwich it is legendary. Do not order a RUBEN or anything with cheese. It's a KOSHER DELI!!
Shop in SOHO and NOHO, Catch the World Cup semi final match at a good Irish Bar in NOHO.
OR
For the more athletic head over to the HUDSON BOATHOUSE and paddle the HUDSON River for a 20 minute Kayak trip exploring the Hudson meet up at 72nd Street and Hudson River (Riverside Park) and boys and girls IT's FREE!!! Get there before 4 it is over at 5 and it starts at 11AM so plan accordingly. (Maybe only half of a Katz's sandwich)
Make reservations and eat at the best Steakhouse in NYC (but it is located in Brooklyn.) Walk over the Williamsburg Bridge and it is right at the bottom of the bridge across from the historic Williamsburg Savings bank. It is called Peter Luger's Steakhouse. It DOES NOT TAKE CREDIT CARDS BRING A LOT OF CASH (Order Steak for 3 (about$200 bucks) with the Homefried Potatoes and DO NOT ORDER the appetizers as you will not have room. Wash it down with Brooklyn Lager. Have any desert "MIT SCHLAG" (whipped cream but trust me, it is different here). Take a cab back to Manhattan, write me a thank you note...
On Friday or Saturday night: Go to Jazz at Lincoln Center's Dizzy's Coca Cola Club for the second show and stay for the after show and if there is one, the show after that (Cost you about 50 dollars pp for the night.) The Jazz is unreal even if it isn't the kind of music you usually listen too. GO BACK TO HOTEL IT IS AFTER 2AM.
JULY 4th
Walk across the Brooklyn Bridge and go to Grimaldi's pizza on the other side. They do not sell slices and do not take credit cards. Bring cash.
now walk back across and then go across to Battery park and get ready for the FIREWORKS (yup it is on the Hudson River this year) Find a spot by 7 the show starts at 9:30 and ends at 10ish. Bring a transistor radio and listen to the music on 1010 AM.
Want to do something... DECADENT???
Walk back up Canal street to the east side and then go north on the Bowery and go left on Spring Street (at the end of Little Italy and start of SOHO) then
Go into "Rice to Riches" on Spring and Mott streets, Have the most unbelievable gourmet rice pudding EVER. (Send some to me as a gift for all this insider info). It closes at 1 am. It will be crowded until the close. Taste all the different types then pick two AND get a topping or two. I like the Strawberries and they are in season now.
JULY 5th
Up early? Get to Jones Beach on Long Island and catch up with some sun. Get a spot early leave by NOON too much sun is bad for you.
Get a cab to Astoria, and enjoy some of the best Ethnic food in NY. There is great Afgan and Middle eastern cuisine on Steinway street smoke some hooka.
I love the Italian at Brick Cafe on 34th Ave and 31st St. OR you could get the best Italian anywhere at Trattoria L'incontro (Ditmars and 31st Ave)which features the creations of it's owner Rocco Sacrome. DO NOT EVEN THINK OF ORDERING FROM THE MENU!! Everyone will know you are a tourist! Rocco offers over 40 specials and trust me THEY ARE ALL SPECIAL. They are recited by the staff from memory. The place is unreal. The food is Abruzzese style. If you haven't tried it, try it today, Abruzzi is the finest region of Italy. If his new Cookbook is published, buy it and get it autographed.
okay time to finish the day:
Go to Citi Field get there by 5 and watch batting practice then look at the Jackie Robinson Exhibit in the main hall, Then catch the game Mets (a half game out of 1st as of tonight) v. Cincinnati Reds. Stay after it ends for the FIREWORKS (it is pyrotechniques nite) The stadium is beautiful the food there at all the vendors is top notch and I love fireworks.
Or you could just book down to Governor's Island for the afternoon, sunbathe listen to music, eat your picnic basket lunch (which you got from Dean and Deluca's in Rockefeller Center. Then stay till nightfall and listen to a free outdoor concert by the NY Philharmonic. Do I hear another trip to Rice to Riches? Or maybe a repast of French food at L'Express on Park and 19th it is open 24/7 and is good. If you get there before 12AM you can go to Les Halles a couple blocks north on Park Ave. it is the home of Chef Anthony Bourdin of Food Channel fame.
July 6th
On the way to La Guardia in the Morning catch breakfast at Jackson Hole just north of the airport on the Grand Central.
Or
You could visit me...
Have fun and have a safe trip.
Oh yeah we know have offices at 14 Wall Street in Lower Manhattan.
Monday, April 19, 2010
U.S. News & World Report Law School Rankings Shocker: Hofstra Law School Jumps 14 spots.
US News & World Reports Law School Rankings came out last week and my Alma Mater Hofstra University School of Law just jumped Fourteen (14)points!
Just two years ago, Hofstra did not even qualify as a tier 1 school. Last year it squeaked in at number 99 but this year it establishes itself as a school on the rise.
As an Alum I am of course very proud of both the faculty and staff as well as the students who made this happen. I am not sure of the efficacy of a law school ranking system to begin with, but if you are going to have one, then I guess it is better to be in the top tier than not.
My fear is that the areas that the USNWR survey thinks are important may become over pronounced and take from the school the things that make it relevant to its students.
For example, Hofstra used to bring in a lot of returning students and students that had little or no intention of practicing law once they got their degrees. That number has been reduced to a large extent because of the shear cost of getting a degree these days. Those returning students however provided a real lesson in perseverance in their younger classmates. Their real life lessons made our classes more "interesting" and frankly less obtuse. If this were to be diminished in search of higher ranked applicants and at the expense of the small class sizes, then I would think that while the ranking would be better, the educational experience would be far lessened.
I am sure that the clinic program and trial program (which US News does not rank highly but whose students regularly win trial competitions against those schools that are well rated in these areas) remain a vital part of the curricular and will as the school's reputation grows become a source of US News pride as well.
For those of you who are thinking about law school, I highly recommend Hofstra School of law. Its proximity to both the hub of Long Island (Nassau County) legal practice and that of NYC, makes it an attractive place to go to school and increases the chance of finding a job Tenfold.
Just two years ago, Hofstra did not even qualify as a tier 1 school. Last year it squeaked in at number 99 but this year it establishes itself as a school on the rise.
As an Alum I am of course very proud of both the faculty and staff as well as the students who made this happen. I am not sure of the efficacy of a law school ranking system to begin with, but if you are going to have one, then I guess it is better to be in the top tier than not.
My fear is that the areas that the USNWR survey thinks are important may become over pronounced and take from the school the things that make it relevant to its students.
For example, Hofstra used to bring in a lot of returning students and students that had little or no intention of practicing law once they got their degrees. That number has been reduced to a large extent because of the shear cost of getting a degree these days. Those returning students however provided a real lesson in perseverance in their younger classmates. Their real life lessons made our classes more "interesting" and frankly less obtuse. If this were to be diminished in search of higher ranked applicants and at the expense of the small class sizes, then I would think that while the ranking would be better, the educational experience would be far lessened.
I am sure that the clinic program and trial program (which US News does not rank highly but whose students regularly win trial competitions against those schools that are well rated in these areas) remain a vital part of the curricular and will as the school's reputation grows become a source of US News pride as well.
For those of you who are thinking about law school, I highly recommend Hofstra School of law. Its proximity to both the hub of Long Island (Nassau County) legal practice and that of NYC, makes it an attractive place to go to school and increases the chance of finding a job Tenfold.
U.S. News & World Report Law School Rankings Shocker: Hofstra Law School Jumps 14 spots.
US News & World Reports Law School Rankings came out last week and my Alma Mater Hofstra University School of Law just jumped Fourteen (14)points!
Just two years ago, Hofstra did not even qualify as a tier 1 school. Last year it squeaked in at number 99 but this year it establishes itself as a school on the rise.
As an Alum I am of course very proud of both the faculty and staff as well as the students who made this happen. I am not sure of the efficacy of a law school ranking system to begin with, but if you are going to have one, then I guess it is better to be in the top tier than not.
My fear is that the areas that the USNWR survey thinks are important may become over pronounced and take from the school the things that make it relevant to its students.
For example, Hofstra used to bring in a lot of returning students and students that had little or no intention of practicing law once they got their degrees. That number has been reduced to a large extent because of the shear cost of getting a degree these days. Those returning students however provided a real lesson in
Just two years ago, Hofstra did not even qualify as a tier 1 school. Last year it squeaked in at number 99 but this year it establishes itself as a school on the rise.
As an Alum I am of course very proud of both the faculty and staff as well as the students who made this happen. I am not sure of the efficacy of a law school ranking system to begin with, but if you are going to have one, then I guess it is better to be in the top tier than not.
My fear is that the areas that the USNWR survey thinks are important may become over pronounced and take from the school the things that make it relevant to its students.
For example, Hofstra used to bring in a lot of returning students and students that had little or no intention of practicing law once they got their degrees. That number has been reduced to a large extent because of the shear cost of getting a degree these days. Those returning students however provided a real lesson in
Monday, April 05, 2010
Understanding Internships: Are You An Intern or a Slave?
The summer internships are on their way. For many High School, College and even Grad Students, the economy is dictating that, in highly sought after opportunities, payment of any kind may be discretionary.
In a NY Times piece last week Reporter Steve Greenhouse described how many young people are not being treated fairly by employers who either paid them below minimum wage, or below scale and called the experience an "Internship."
I spent most of my law school career in unpaid or stipended (which is to say low paying) internships. I worked for government entities and learned a lot. I received hands on opportunities and I had a pretty prestigious resume line for the trouble. Now I was fortunate, my parents by this point in our lives were comfortable enough to allow me to take on these experiences and provided money for me to live on. Many however are not so lucky. Moreover, many students are getting internships that teach them nothing and take the job of other employees all for the aid to the employers profit margin.
Believe it or not, the government actually has a set of guidelines that one may use to determine if their unpaid internship is in fact an internship or a indentured servitude.
Essentially, an internship must have the following six requirements to be able to be unpaid:
In my office, we try to adhere to these six requirements strictly. It is impossible to work in a law office without there being some profit to our firm or clients, and it is impossible to work if people do not file. Heck even I file. However our intern program (which I have run off and on for 25 years now) has the qualities required.
For example, the interns work a part-time schedule usually 3 eight hour days unless we are in a trial. They get hands on learning under the watchful eye of a licensed attorney they participate in conferences, meet clients and visit them at the jail (when the client is incarcerated.) They go to court and work on briefs and articles as if they were working for a law review.
They go to meals and bar events with us and take their meals during the work day with the attorney to whom they are assigned.
Their work is usually not billed to the client (unless their name is on it such as on a brief) and they journal their experiences so that we may answer any unasked questions they may have. They have no guarantee of employment however we often do hire those that have interned for us.
If a kid is spending more than an hour or two a day filing, getting coffee for rather than with his boss, and answering phones (like a receptionist as opposed to say a para-legal) then the first prong of the test is violated as is the second, third and fourth prongs.
Internships are a great mentoring tool. They provided many young people an opportunity to obtain skills that give them a running start on a job. Unfortunately in the hands of the uninformed or worse unscrupulous they are torturous and a waste of the student's time.
If you are considering having an unpaid or low paid intern or internship program this summer, and want to know if you are in compliance, or if you are an unpaid or low paid intern and think you are being unfairly treated, give me a call and we will try to help you.
Hattip: The New York Times.
In a NY Times piece last week Reporter Steve Greenhouse described how many young people are not being treated fairly by employers who either paid them below minimum wage, or below scale and called the experience an "Internship."
I spent most of my law school career in unpaid or stipended (which is to say low paying) internships. I worked for government entities and learned a lot. I received hands on opportunities and I had a pretty prestigious resume line for the trouble. Now I was fortunate, my parents by this point in our lives were comfortable enough to allow me to take on these experiences and provided money for me to live on. Many however are not so lucky. Moreover, many students are getting internships that teach them nothing and take the job of other employees all for the aid to the employers profit margin.
Believe it or not, the government actually has a set of guidelines that one may use to determine if their unpaid internship is in fact an internship or a indentured servitude.
Essentially, an internship must have the following six requirements to be able to be unpaid:
The U.S. Department of Labor’s Wage and Hour Division (WHD) has developed the six
factors below to evaluate whether a worker is a trainee or an employee for purposes of
the FLSA:
1. The training, even though it includes actual operation of the facilities of the
employer, is similar to what would be given in a vocational school or academic
educational instruction;
2. The training is for the benefit of the trainees;
3. The trainees do not displace regular employees, but work under their close
observation;
4. The employer that provides the training derives no immediate advantage from the
activities of the trainees, and on occasion the employer’s operations may actually
be impeded;
5. The trainees are not necessarily entitled to a job at the conclusion of the training
period; and
6. The employer and the trainees understand that the trainees are not entitled to
wages for the time spent in training.
If all of the factors listed above are met, then the worker is a “trainee”, an employment
relationship does not exist under the FLSA, and the FLSA’s minimum wage and overtime
provisions do not apply to the worker. Because the FLSA’s definition of “employee” is
broad, the excluded category of “trainee” is necessarily quite narrow. Moreover, the fact
that an employer labels a worker as a trainee and the worker’s activities as training and/or
a state unemployment compensation program develops what it calls a training program
and describes the unemployed workers who participate as trainees does not make the
worker a trainee for purposes of the FLSA unless the six factors are met. Some of the six
factors are discussed in more detail below.
In my office, we try to adhere to these six requirements strictly. It is impossible to work in a law office without there being some profit to our firm or clients, and it is impossible to work if people do not file. Heck even I file. However our intern program (which I have run off and on for 25 years now) has the qualities required.
For example, the interns work a part-time schedule usually 3 eight hour days unless we are in a trial. They get hands on learning under the watchful eye of a licensed attorney they participate in conferences, meet clients and visit them at the jail (when the client is incarcerated.) They go to court and work on briefs and articles as if they were working for a law review.
They go to meals and bar events with us and take their meals during the work day with the attorney to whom they are assigned.
Their work is usually not billed to the client (unless their name is on it such as on a brief) and they journal their experiences so that we may answer any unasked questions they may have. They have no guarantee of employment however we often do hire those that have interned for us.
If a kid is spending more than an hour or two a day filing, getting coffee for rather than with his boss, and answering phones (like a receptionist as opposed to say a para-legal) then the first prong of the test is violated as is the second, third and fourth prongs.
Internships are a great mentoring tool. They provided many young people an opportunity to obtain skills that give them a running start on a job. Unfortunately in the hands of the uninformed or worse unscrupulous they are torturous and a waste of the student's time.
If you are considering having an unpaid or low paid intern or internship program this summer, and want to know if you are in compliance, or if you are an unpaid or low paid intern and think you are being unfairly treated, give me a call and we will try to help you.
Hattip: The New York Times.
Sunday, April 04, 2010
Happy Easter, The Lord Has Risen. Will You Help a Mom Of Two Find A Bone Marrow Donor?
Christ has risen. I am in a hopeful mood. Maybe it is the sudden turn in the weather, or maybe it is the good food mom serves on Easter Sunday. Either way, I am blogging again for better or worse. If you want to know where I've been, I have been trying cases left and right.
I tried a Rape case (statutory) in Queens and a Retaliation Employment Harassment case in the US District Court Eastern District of New York in the Central Islip NY (that is in Suffolk County for the uninitiated).
The results in the former case were mixed but not up to what I had hoped. In the latter case the case went well despite the pleadings which were filed "Pro Se" (by the client without the aid of an attorney.) These were my Third and Fourth Trial since December 17th 2009. I have two more scheduled in April, both of which will go to trial. Both are in Nassau County NY. May will bring Mother's day, Graduation of my eldest and in the latter part of the month a huge Prisoner's Rights, Civil Rights trial in Syracuse NY. June and early July is filled with two very interesting trials in Riverhead (Suffolk.) In between I was just a team leader for the week long,NYSBA Young Lawyer Trial Advocacy program at Cornell Law School. Wow I am tired, lol
I don't usually blog my cases until they are over, lest some juror read it "by accident." I think I will continue that habit, although I will be mentioning some of the issues I am running into if I think they are interesting enough.
In the meantime, I have a received a request to help find a Bone Marrow match for Thespina Pontisakos. She is a wife of an attorney and a mom of two sons. Thespina has Myelodysplastic Syndrome(MDS) and she will die if we don't find a donor match. Be the remedy. Join the registry. (Go to the link above and enter the Promo Code: helpthespina
You see, if the match is found, and Thespina gets the Bone Marrow transplant, Thespina lives, if not she dies. That seems easy enough. Try to help, it is almost painless to find out if you match. If you match, you will have the power to save a life. If you don't match Thespina, maybe you can save someone else. Either way, it appears to be an easy choice.
If you are going to be registering, or have registered already, and want to leave a thought or two here, I will publish them. Meanwhile, please, spread the word.
TLD
I tried a Rape case (statutory) in Queens and a Retaliation Employment Harassment case in the US District Court Eastern District of New York in the Central Islip NY (that is in Suffolk County for the uninitiated).
The results in the former case were mixed but not up to what I had hoped. In the latter case the case went well despite the pleadings which were filed "Pro Se" (by the client without the aid of an attorney.) These were my Third and Fourth Trial since December 17th 2009. I have two more scheduled in April, both of which will go to trial. Both are in Nassau County NY. May will bring Mother's day, Graduation of my eldest and in the latter part of the month a huge Prisoner's Rights, Civil Rights trial in Syracuse NY. June and early July is filled with two very interesting trials in Riverhead (Suffolk.) In between I was just a team leader for the week long,NYSBA Young Lawyer Trial Advocacy program at Cornell Law School. Wow I am tired, lol
I don't usually blog my cases until they are over, lest some juror read it "by accident." I think I will continue that habit, although I will be mentioning some of the issues I am running into if I think they are interesting enough.
In the meantime, I have a received a request to help find a Bone Marrow match for Thespina Pontisakos. She is a wife of an attorney and a mom of two sons. Thespina has Myelodysplastic Syndrome(MDS) and she will die if we don't find a donor match. Be the remedy. Join the registry. (Go to the link above and enter the Promo Code: helpthespina
You see, if the match is found, and Thespina gets the Bone Marrow transplant, Thespina lives, if not she dies. That seems easy enough. Try to help, it is almost painless to find out if you match. If you match, you will have the power to save a life. If you don't match Thespina, maybe you can save someone else. Either way, it appears to be an easy choice.
If you are going to be registering, or have registered already, and want to leave a thought or two here, I will publish them. Meanwhile, please, spread the word.
TLD
Monday, January 18, 2010
San Diego Gestapo...uhhh police...Arrest Innocent Jet Fan
People ask sometimes ask me "what can be worse than the murder of an innocent person by a violent criminal?
For me that is an easy answer: Members of the government allegedly acting on my behalf,and at my expense, who abuse their authority and arrest an innocent person. I am not going to get into the whole thing about allowing 100 guilty men to go free so that one innocent man is not imprisoned, but watching this tape enrages me just as much as the acts of these two idiots
Thank goodness, a thoughtful fan from San Diego used his camera to record what can only be described as a totalitarian behavior from San Diego's men in blue.
These cops shamed their city, their taxpayers and their badges/uniforms. If I were Mayor of NY I'd be calling for an investigation, and if I were Mayor of San Diego there would be one ongoing right now. A bunch of cops would be on desk duty and a few would be looking at demotions and other discipline! Here is the story in the NY POST
For me that is an easy answer: Members of the government allegedly acting on my behalf,and at my expense, who abuse their authority and arrest an innocent person. I am not going to get into the whole thing about allowing 100 guilty men to go free so that one innocent man is not imprisoned, but watching this tape enrages me just as much as the acts of these two idiots
Thank goodness, a thoughtful fan from San Diego used his camera to record what can only be described as a totalitarian behavior from San Diego's men in blue.
These cops shamed their city, their taxpayers and their badges/uniforms. If I were Mayor of NY I'd be calling for an investigation, and if I were Mayor of San Diego there would be one ongoing right now. A bunch of cops would be on desk duty and a few would be looking at demotions and other discipline! Here is the story in the NY POST
Saturday, January 16, 2010
PokerStars World Blogger Championship of Online Poker: I'm Playin Poker, Are You?
I have registered to play in the PokerStars World Blogger Championship of Online Poker! This PokerStars tournament is a No Limit Texas Hold’em event exclusive to Bloggers, you too can take part by registering on WBCOOP
Registration code: 240027
Wish me luck. Look for regular updates about my success(or lack thereof)at the tables here and on Twitter at http://twitter.com/ThatLawyerDude.
Oh yeah, this provides a good opportunity to again remind everyone who cares about personal freedom to support the Poker Players Alliance. Go here for more information: http://theppa.org/
Seems even President Obama sees the benefits of playing poker
Tuesday, January 05, 2010
Justice Scalia Gives The President ( and the rest of us) Something To Think About
It is a new year here and first thing out of the box is a story about, Justice Scalia suggesting there are too many judges on the Supreme court.
Note I didn't say too many lawyers. (He is not advocating the promotion of non attorney's to the bench.)Scalia is actually saying what a lot of libertarians have been saying over the past 20 years, that is, there are not enough trial lawyers and other non-government lawyers on the bench and it is skewing the court to a position of over favoring the government at the expense of the individual.
Throughout history up until the last 20 years, there have always been non-judicial members of the court. Now most of the makeup of the SCOTUS are former prosecutors and government lawyers who then became judges pretty much right out of the government service without spending any real time in the well on behalf of an individual or company. The mindset of a person who works with the government their whole lives is that the government is always right. That was the antithesis of the fabric of our Constitution writers.
Scalia makes an excellent point that the court needs people on it who have spent a good portion of their lives defending the needs and rights of people.
One doesn't need to be a "Constitutional scholar" to be a good appellate court justice. Mr. President if you are looking for a few names for consideration that may share your sense of right wrong and and the American way, how about Professor Charles Ogletree from Harvard, Hon. Dennis Archer a former mayor of Detroit, Michigan Supreme Court Justice and recent past president of the American Bar Association (also the first president of the ABA of color.) or Judge Nancy Gertler a trial judge in the first circuit who spent much of her early career as a Criminal Defense lawyer?
Whom do you think would make a good Supreme Court Justice??
Hat tip: Law.Com
Edited to add hyperlink to posting and Hat tip.
Note I didn't say too many lawyers. (He is not advocating the promotion of non attorney's to the bench.)Scalia is actually saying what a lot of libertarians have been saying over the past 20 years, that is, there are not enough trial lawyers and other non-government lawyers on the bench and it is skewing the court to a position of over favoring the government at the expense of the individual.
Throughout history up until the last 20 years, there have always been non-judicial members of the court. Now most of the makeup of the SCOTUS are former prosecutors and government lawyers who then became judges pretty much right out of the government service without spending any real time in the well on behalf of an individual or company. The mindset of a person who works with the government their whole lives is that the government is always right. That was the antithesis of the fabric of our Constitution writers.
Scalia makes an excellent point that the court needs people on it who have spent a good portion of their lives defending the needs and rights of people.
One doesn't need to be a "Constitutional scholar" to be a good appellate court justice. Mr. President if you are looking for a few names for consideration that may share your sense of right wrong and and the American way, how about Professor Charles Ogletree from Harvard, Hon. Dennis Archer a former mayor of Detroit, Michigan Supreme Court Justice and recent past president of the American Bar Association (also the first president of the ABA of color.) or Judge Nancy Gertler a trial judge in the first circuit who spent much of her early career as a Criminal Defense lawyer?
Whom do you think would make a good Supreme Court Justice??
Hat tip: Law.Com
Edited to add hyperlink to posting and Hat tip.
Monday, November 30, 2009
Does Anybody Out There Ever Read The US Constitution (besides lawyers I mean): Why Tiger Doesn't Talk
Short post:
Everybody has a theory on why Tiger Woods is not being given the "third degree" by Florida Police.I have heard his money is buying him out of it, that he has important politicians on his side, that he has a bad attitude and a lot of other things mostly not complementary to either Mr. Woods or the Police. People think he was running from his wife, that he was drunk, that he was high, that he was sneaking out to see a girl and his wife was waiting 5 Iron in hand. I have heard the old tried and true "if he has nothing to hide, why hide???" God If gossip reporters were not bad enough, now we have sport reporters who think they are owed an explanation. It should be required that before one gets a press pass they pass a test on basic constitutional law. If you want to read some weird stuff look here and here and this video from Wanda Sykes which at least was funny.
Here is the reason Tiger Woods is not speaking to Florida Police and why they haven't hauled his rear end down to sweat him for a confession:
DRUM ROLL PLEASE
The Fifth amendment of the United States Constitution gives a person the RIGHT TO REMAIN SILENT. HE is exercising the right and there is nothing that police or Mike Lupica can do about it. (no I am not linking you to Lupica, he gets enough publicity all by himself)
Moreover it is the smart thing to do. There is no upside to him saying more. It was a one car accident. He will probably get another car tomorrow from Cadillac, his sponsor, and he will at least keep his privacy. Once he speaks, whatever he says is now food for the fodder. He can't stop speculation but he needn't add to it either. Anything he says will not be believed by some portion of the public and finally, the police do not need to know what precipitated the crash as there is no damage to anyone but Tiger and what they don't know or what they don't write in a report can't hurt anybody.
So Woods did the smart thing. I wish more clients and their families would follow suite and STOP talking to police. It isn't that I want to make the jobs of law enforcement harder, it is just that I do not have the obligation to make it any easier. Usually when clients speak to police without an attorney being present, they make if far worse for themselves even when "they speak the truth and have nothing to hide."
Okay so there you have it. Mr. Wood's lawyer has a smart client. Mr. Woods has a good lawyer, and the gossips of the world will be able to join the conspiracy theorists and debate what happened until OJ Simpson finds the person who killed his ex-wife.
Everybody has a theory on why Tiger Woods is not being given the "third degree" by Florida Police.I have heard his money is buying him out of it, that he has important politicians on his side, that he has a bad attitude and a lot of other things mostly not complementary to either Mr. Woods or the Police. People think he was running from his wife, that he was drunk, that he was high, that he was sneaking out to see a girl and his wife was waiting 5 Iron in hand. I have heard the old tried and true "if he has nothing to hide, why hide???" God If gossip reporters were not bad enough, now we have sport reporters who think they are owed an explanation. It should be required that before one gets a press pass they pass a test on basic constitutional law. If you want to read some weird stuff look here and here and this video from Wanda Sykes which at least was funny.
Here is the reason Tiger Woods is not speaking to Florida Police and why they haven't hauled his rear end down to sweat him for a confession:
DRUM ROLL PLEASE
The Fifth amendment of the United States Constitution gives a person the RIGHT TO REMAIN SILENT. HE is exercising the right and there is nothing that police or Mike Lupica can do about it. (no I am not linking you to Lupica, he gets enough publicity all by himself)
Moreover it is the smart thing to do. There is no upside to him saying more. It was a one car accident. He will probably get another car tomorrow from Cadillac, his sponsor, and he will at least keep his privacy. Once he speaks, whatever he says is now food for the fodder. He can't stop speculation but he needn't add to it either. Anything he says will not be believed by some portion of the public and finally, the police do not need to know what precipitated the crash as there is no damage to anyone but Tiger and what they don't know or what they don't write in a report can't hurt anybody.
So Woods did the smart thing. I wish more clients and their families would follow suite and STOP talking to police. It isn't that I want to make the jobs of law enforcement harder, it is just that I do not have the obligation to make it any easier. Usually when clients speak to police without an attorney being present, they make if far worse for themselves even when "they speak the truth and have nothing to hide."
Okay so there you have it. Mr. Wood's lawyer has a smart client. Mr. Woods has a good lawyer, and the gossips of the world will be able to join the conspiracy theorists and debate what happened until OJ Simpson finds the person who killed his ex-wife.
Wednesday, November 25, 2009
Happy Thanksgiving.
I haven't left a blog post here in a long time. Still for some reason, people occasionally stop by to see if I have been writing.
I am sorry I haven't been. I have been spending a lot of time reading other people's writing, and working, and writing articles for legal magazines, but short pity blog posts haven't been my thing lately.
I have been on this page (blank page) many times in the last few months trying to find my voice again. I am not sure I have, but I am well and having a relatively good time working hard. I won't promise to be back now, but blogging is back on my mind. Hence if you stop by every now and again, you may find something here and even something over at our sister blog Long Island (Criminal) Trial Law.
In the meantime, I want to wish all of you a very Happy and Healthy Thanksgiving.
I am sorry I haven't been. I have been spending a lot of time reading other people's writing, and working, and writing articles for legal magazines, but short pity blog posts haven't been my thing lately.
I have been on this page (blank page) many times in the last few months trying to find my voice again. I am not sure I have, but I am well and having a relatively good time working hard. I won't promise to be back now, but blogging is back on my mind. Hence if you stop by every now and again, you may find something here and even something over at our sister blog Long Island (Criminal) Trial Law.
In the meantime, I want to wish all of you a very Happy and Healthy Thanksgiving.
Saturday, July 04, 2009
We Are Not The Land Of The Free Until We Stop The Nanny State Bull Hockey
I don't have the time for a long post today. I love America. I believe in its promise. I get frustrated however when I see that we refuse to trust our people with their own money and their own bodies. There are natural consequences from every act, but legal consequences must not be based on someone Else's subjective test of right and wrong.
My test for right and wrong in a law is simple: Does this law seek to prohibit an act that hurts no one but the doer of the act? If so then it should not be illegal. It is said that "the freedom to move one's arm ends at the tip of the nose on the next guys face." If it doesn't hit him, then his discomfort at the fact that I move my arm is not illegal.
Ok I don't have the time to go into all of it, but look at this story about a federal prosecution of a Doctor who asked two girls to come across state lines to "service" him. Not minors, not Sex Slaves or Human Traffic, 2 adult willing women who wanted to have sex w/ this guy and to get money for their effort.
Then look at this YouTube Video of Rep Barney Frank one of the US Congress' most liberal members and Rep Peter King, one of its most conservative members. They are on the same side of the fight to restore the rights of Americans to spend their money and time the way they want. Only a question about Liberty could get these two on the same side of an issue.
Now do something about this. Let your Senators and Congressmen know that these types of Nanny-State laws are unacceptable. Tell them to stay out of our bedrooms and our pockets. Do it for Freedom, Liberty and the American way. Do it today.
Happy 4th of July.
My test for right and wrong in a law is simple: Does this law seek to prohibit an act that hurts no one but the doer of the act? If so then it should not be illegal. It is said that "the freedom to move one's arm ends at the tip of the nose on the next guys face." If it doesn't hit him, then his discomfort at the fact that I move my arm is not illegal.
Ok I don't have the time to go into all of it, but look at this story about a federal prosecution of a Doctor who asked two girls to come across state lines to "service" him. Not minors, not Sex Slaves or Human Traffic, 2 adult willing women who wanted to have sex w/ this guy and to get money for their effort.
Then look at this YouTube Video of Rep Barney Frank one of the US Congress' most liberal members and Rep Peter King, one of its most conservative members. They are on the same side of the fight to restore the rights of Americans to spend their money and time the way they want. Only a question about Liberty could get these two on the same side of an issue.
Now do something about this. Let your Senators and Congressmen know that these types of Nanny-State laws are unacceptable. Tell them to stay out of our bedrooms and our pockets. Do it for Freedom, Liberty and the American way. Do it today.
Happy 4th of July.
Wednesday, July 01, 2009
Madoff's Fools Get Vengeance at Taxpayer's Expense...Why the Madoff Sentence is Unfair to the Rest of US
Denny Chin an otherwise pretty good judge really screwed the rest of the people that Wall Street cheat Bernie Madoff didn't screw over. By sentencing Madoff to 150 years, Madoff now spends the rest of his life living off the public. We take care of his room and board not to mention his health till he eventually meets the true God of Justice. How is this fair???
Look. Madoff was one of the worst (or best I guess) swindlers in history. However, the people he swindled, wanted to be swindled. They did nothing to investigate his "success" they only wanted his big gains.
The more he delivered, the more they delivered. While the market was tanking, Bernie was paying off. Didn't they wonder how? Did they really believe he was infallible?? Why should their bad investment now cost the rest of us over 50K a year?
Look I am not advocating for a soft sentence for Madoff, but it costs thousands more to imprison an older person than a young one. Health care being what it is, he will be treated better than 15% of Americans, on our dime!! Couldn't a message have been just as well sent to senior citizens who commit crimes that we will take back all your money and stick you in jail for your last few decent years and then throw you back on your family when you are about to rot over?
Why do I and most of my friends and colleagues have to worry about taking care of our elderly parents when his kids besot with illegally gained funds since their early years get to know they won't have to part with a freaking penny to take care of the old cheat who helped them get their money??
Lest you think I am alone in this thought, none other than Professor Steven Bainbridge appears to agrees.
Sorry Judge, you made a bad error. First, no one is deterred from crime by jail, criminals do not think they are ever going to get caught. (By the by, most investors who get into scams also do not believe that their scam is a scam and that they will be ripped off...)
Second, you sentenced the rest of the taxpaying part of America all because a bunch of supposedly savvy investors weren't so savvy and made a bad deal. Maybe all these so called investors who now feel that they are somewhat vindicated ought to pay for his stay in the Federal prison. After all, if putting him in jail for the rest of his life is supposed to vindicate them, they ought to pay for it.
I have been cheated, more than once. Mostly by people who promise to pay bills and then don't or can't. The government doesn't bail me out nor does it go around and claw back money for my fees. No one puts those that cheat me in jail for the theft of service. Why do Madoff's fools get some money back and get their vengeance on the taxpayer's expense?
Image Hattip: Mario Piperni dot Com
Monday, June 08, 2009
Freedom of Speech Does Not Permit You To Break The Law
Ian Barry is a Seventeen year old who knowingly broke the law to make a point. Ian gave a speech as to why Marijuana ought to be legal to a High School class. During the speech, he lit a joint and by the end of the speech, ingested the joint. Police arrested him. He has been charged locally. He says in this article that he accepts responsibility for his actions and that he is ready to pay a penalty for his actions.
Ian points out that he had to break the law to bring any real attention to his cause. There he may be right. Many are calling his act a act of civil disobedience and claim that it ought to be protected from prosecution as freedom of speech. I think the kid understands free speech better than many lawyers do.
His act was not an act of free speech though it was an act of civil disobedience. He broke the law to prove a point; that the law is wrong. He may get attention to his cause, he may even earn jury nullification, which would go far in getting his point even more attention, but he is not protected from arrest prosecution and conviction for his act.
It is oft said that one's rights come to an end at the tip of another's nose. In other words, you are free to do what you like until you interfere with someone else's right to do the same. In Ian's case, he is not free to break the law, only to criticize it. He moved on from that when he carried the joint to/or in school. Given the SCOTUS recent decision in the "Bong hits for Jesus" case, Ian is headed for a criminal record assuming he doesn't go to trial and convince a jury to nullify the law. He is also garnering a lot of attention for his cause.
I am not sure this is a call I'd like a teenager to make. He has no idea, despite his bravado, of the trouble he has caused himself in the future. He has however made the decision and will have to live with the consequences until the law catches up with the rest of the society's view of marijuana.
Ian points out that he had to break the law to bring any real attention to his cause. There he may be right. Many are calling his act a act of civil disobedience and claim that it ought to be protected from prosecution as freedom of speech. I think the kid understands free speech better than many lawyers do.
His act was not an act of free speech though it was an act of civil disobedience. He broke the law to prove a point; that the law is wrong. He may get attention to his cause, he may even earn jury nullification, which would go far in getting his point even more attention, but he is not protected from arrest prosecution and conviction for his act.
It is oft said that one's rights come to an end at the tip of another's nose. In other words, you are free to do what you like until you interfere with someone else's right to do the same. In Ian's case, he is not free to break the law, only to criticize it. He moved on from that when he carried the joint to/or in school. Given the SCOTUS recent decision in the "Bong hits for Jesus" case, Ian is headed for a criminal record assuming he doesn't go to trial and convince a jury to nullify the law. He is also garnering a lot of attention for his cause.
I am not sure this is a call I'd like a teenager to make. He has no idea, despite his bravado, of the trouble he has caused himself in the future. He has however made the decision and will have to live with the consequences until the law catches up with the rest of the society's view of marijuana.
Sunday, June 07, 2009
Facebook and DWI: A Defense Attorney's Nightmare.
Chicago IL. Criminal Defense Attorney Steve Komie is doing a bang up job in the case of an 18 year old who was allegedly drunk and killed a motorcyclist. Unfortunately the woman, now 20 can't get out of her own way long enough to help him out.
Komie has proved that Town of South Elgin Police destroyed the blood test prosecutors hoped would prove Erika Scoliere was drunk when she collided with motorcyclist Frank Ferraro. Without the test and sample, the defense cannot test the blood nor can it test the accuracy of the test at trial. That any evidence in an on going case is destroyed is a mystery, that the "best evidence" against a murder suspect is destroyed, right before trial, should lead potential jurors to wonder if the test actually showed ANY proof of alcohol at all.
The lead story in the news Friday should have been about how police malfeasance is causing Scoliere to get less than a fair trial. BUT NO!!
Seems that Scoliere or one of her inane "friends" posted asinine pictures of her on Facebook guzzling Tequila at a college party(in violation of her terms of release.)
Now first off, how did this young woman GET INTO a college to begin with? I mean what kind of brain damage do you have to have to realize that you killed someone and people are not happy with you? Prosecutors are looking for a reason, ANY REASON to convict you, and you decide it is a good idea to be in a place known for alcohol and stupid decisions (sorry Frat parties are Frat parties)?
Secondly, you are out on bail with an order to "call in" to probation while you are allowed to attend your "out of state" private college and go on vacations with your family. How do you "misunderstand" that Court Order?? ( I have to ask though why no one from probation notified Komie that his client was missing calls.)
The damage here is not that Scoliere now must wear a SCRAM (Secure Continuous Remote Alcohol Monitor.) It is that instead of being viewed as the victim of police, and a rush to judgment by an angry and hostile prosecution, she is seen as a ditzy, spoiled, bratty kid who needs to be taken down. She is the poster child for the over-indulged college student. She pushed the story of the lost evidence off of the headline and reinforced her image of being the "Paris Hilton" of Kane County. (Piece of unsolicited advice for Steve Komie, you may need to hire this client a PR consultant with a brain.)
We are now in the days of everyone, friends and foes, being able to record every waking moment of our lives. It is time to get smart. Ms. Scoliere's parents need to smarten up too. Get her into the house and keep her there until her trial takes place. How about considering placement into a rehab? It doesn't matter how unhappy she is. Drive her to Mr. Ferraro's cemetery plot every day, and remind her how unhappy his family must be. Have her leave a flower on the grave, a stone on his tombstone, and a prayer for his and her soul.
To my friend and colleague Steve Komie: Keep up the good work. You have a tough client there, but you represent all of us when you work to keep the government honest. Good Luck.
Hattip Avvo Legal News
Hey guys next time dig a little deeper, your article missed the "real story" the one about the Police destroying evidence!!
Komie has proved that Town of South Elgin Police destroyed the blood test prosecutors hoped would prove Erika Scoliere was drunk when she collided with motorcyclist Frank Ferraro. Without the test and sample, the defense cannot test the blood nor can it test the accuracy of the test at trial. That any evidence in an on going case is destroyed is a mystery, that the "best evidence" against a murder suspect is destroyed, right before trial, should lead potential jurors to wonder if the test actually showed ANY proof of alcohol at all.
The lead story in the news Friday should have been about how police malfeasance is causing Scoliere to get less than a fair trial. BUT NO!!
Seems that Scoliere or one of her inane "friends" posted asinine pictures of her on Facebook guzzling Tequila at a college party(in violation of her terms of release.)
Now first off, how did this young woman GET INTO a college to begin with? I mean what kind of brain damage do you have to have to realize that you killed someone and people are not happy with you? Prosecutors are looking for a reason, ANY REASON to convict you, and you decide it is a good idea to be in a place known for alcohol and stupid decisions (sorry Frat parties are Frat parties)?
Secondly, you are out on bail with an order to "call in" to probation while you are allowed to attend your "out of state" private college and go on vacations with your family. How do you "misunderstand" that Court Order?? ( I have to ask though why no one from probation notified Komie that his client was missing calls.)
The damage here is not that Scoliere now must wear a SCRAM (Secure Continuous Remote Alcohol Monitor.) It is that instead of being viewed as the victim of police, and a rush to judgment by an angry and hostile prosecution, she is seen as a ditzy, spoiled, bratty kid who needs to be taken down. She is the poster child for the over-indulged college student. She pushed the story of the lost evidence off of the headline and reinforced her image of being the "Paris Hilton" of Kane County. (Piece of unsolicited advice for Steve Komie, you may need to hire this client a PR consultant with a brain.)
We are now in the days of everyone, friends and foes, being able to record every waking moment of our lives. It is time to get smart. Ms. Scoliere's parents need to smarten up too. Get her into the house and keep her there until her trial takes place. How about considering placement into a rehab? It doesn't matter how unhappy she is. Drive her to Mr. Ferraro's cemetery plot every day, and remind her how unhappy his family must be. Have her leave a flower on the grave, a stone on his tombstone, and a prayer for his and her soul.
To my friend and colleague Steve Komie: Keep up the good work. You have a tough client there, but you represent all of us when you work to keep the government honest. Good Luck.
Hattip Avvo Legal News
Hey guys next time dig a little deeper, your article missed the "real story" the one about the Police destroying evidence!!
Saturday, June 06, 2009
Judge to School District: "PISS OFF!!" & Let the Kids Play Chess!!
Sometimes I love writing the title of these pieces can you tell? :P
When has a school district "nanny stated" itself too far?? Well in California, it seems that when the Shasta Union High School District wanted to drug test kids on the CHESS TEAM, a court said, uh NO!!! (Emphasis added...)
The district wanted to know who was using drugs so that they could ban them from school trips and other activities. So if the kid was in the Band, played on the Chess Team or was raising a pig for the state fair, he had to pee in a cup first. The reasoning is that the school has to supervise these kids while they are on school trips and if they are in a club or in the band they are more likely to have to go on overnight trips and they might be harder to supervise if they use drugs or alcohol. Brilliant! So we will just keep them out of supervised activities so they can take part in unsupervised activities... (No wonder Johnny can't think. These people have no idea about teaching anything.)
Now I have had the pleasure of "chaperoning" a few Forensic overnight trips, and while they have the ability to get out of hand, they don't, because DEBATE CLUB KIDS CAN'T DO DRUGS AND STILL PERFORM WELL!!
I have a feeling the same goes for members of the CHESS CLUB! Not to mention, it is far harder to play classical flute music than to improvise a new riff while you are high. Nonetheless, these examples of student spirit were told "pee in the bottle or no Drama club."
Now the SCOTUS, which is filled by people so old they don't remember BEING in High School, ruled about a dozen years ago that you can force a kid to take a drug test if he is even attending your school. Justice Marlow the judge in the case at bar held that under the California State Constitution the right to privacy is protected. One can debate whether such a right is in the US Bill of Rights, but Californian's passed this right in 1972.
I think the court in this case is right. It is the good kid who must give up his or her right to privacy while the slacker who does nothing in school but shows up can come and go as he pleases. Moreover, it shouldn't be a rule that to participate you have to allow someone to watch you urinate in a cup. High school is hard enough without having to pass every adult test. I'd like to know what you think however.
I could not find a copy of the decision to post, so if you know of one, pass it to me ok?
Thanks, TLD.
Hattip: Raw Story
When has a school district "nanny stated" itself too far?? Well in California, it seems that when the Shasta Union High School District wanted to drug test kids on the CHESS TEAM, a court said, uh NO!!! (Emphasis added...)
The district wanted to know who was using drugs so that they could ban them from school trips and other activities. So if the kid was in the Band, played on the Chess Team or was raising a pig for the state fair, he had to pee in a cup first. The reasoning is that the school has to supervise these kids while they are on school trips and if they are in a club or in the band they are more likely to have to go on overnight trips and they might be harder to supervise if they use drugs or alcohol. Brilliant! So we will just keep them out of supervised activities so they can take part in unsupervised activities... (No wonder Johnny can't think. These people have no idea about teaching anything.)
Now I have had the pleasure of "chaperoning" a few Forensic overnight trips, and while they have the ability to get out of hand, they don't, because DEBATE CLUB KIDS CAN'T DO DRUGS AND STILL PERFORM WELL!!
I have a feeling the same goes for members of the CHESS CLUB! Not to mention, it is far harder to play classical flute music than to improvise a new riff while you are high. Nonetheless, these examples of student spirit were told "pee in the bottle or no Drama club."
Now the SCOTUS, which is filled by people so old they don't remember BEING in High School, ruled about a dozen years ago that you can force a kid to take a drug test if he is even attending your school. Justice Marlow the judge in the case at bar held that under the California State Constitution the right to privacy is protected. One can debate whether such a right is in the US Bill of Rights, but Californian's passed this right in 1972.
I think the court in this case is right. It is the good kid who must give up his or her right to privacy while the slacker who does nothing in school but shows up can come and go as he pleases. Moreover, it shouldn't be a rule that to participate you have to allow someone to watch you urinate in a cup. High school is hard enough without having to pass every adult test. I'd like to know what you think however.
I could not find a copy of the decision to post, so if you know of one, pass it to me ok?
Thanks, TLD.
Hattip: Raw Story
It's D-Day and That Lawyer Dude Returns... Again.
I may revive this blog more often than Pop Tart Britney Spears revives her career, but I am back. It has been a while. I know that most of you who stop by here come to see me rant on something or just to see if I am alive (thanks for those of you who stop by to see if I am alive). I am. I am also ready to take on a few people places and things.
Where to start?
Hmmm. Let's see it is June 6th, a foreign nut job is trying to rub out the free world, our troops are dying oversees, Our Democrat president is trying to bring us out of a depression by spending more and more money, and the NY Yankees are over .500 It must be the year.... 1944. That's right it is D-day. Imagine how history repeats itself?
To our Veterans of that war and that day, I salute you. I also thank you for a service well done.
To our Veterans of today, I salute you as well. I celebrate your return from war, I pray for those of you who are still there, and I thank you for agreeing to take on the task of keeping us free.
I also do not want to let today go by without remembering, Robert F. Kennedy who was killed by an assasins bullets on June 5th 1968 some 41 years ago. He was a man who whether I would agree with his politics, asked the question "Why can we not be better than we are?"
It is an important question to ask of ourselves everyday.
Tomorrow's post: The Case of the Chess Club Urinalysis and other stories about governments over-reaching.
Where to start?
Hmmm. Let's see it is June 6th, a foreign nut job is trying to rub out the free world, our troops are dying oversees, Our Democrat president is trying to bring us out of a depression by spending more and more money, and the NY Yankees are over .500 It must be the year.... 1944. That's right it is D-day. Imagine how history repeats itself?
To our Veterans of that war and that day, I salute you. I also thank you for a service well done.
To our Veterans of today, I salute you as well. I celebrate your return from war, I pray for those of you who are still there, and I thank you for agreeing to take on the task of keeping us free.
I also do not want to let today go by without remembering, Robert F. Kennedy who was killed by an assasins bullets on June 5th 1968 some 41 years ago. He was a man who whether I would agree with his politics, asked the question "Why can we not be better than we are?"
It is an important question to ask of ourselves everyday.
Tomorrow's post: The Case of the Chess Club Urinalysis and other stories about governments over-reaching.
Monday, April 13, 2009
Response to the Ridiculous: A Measured Rant in Resonse to an Idiotic Argument Against the DREAM ACT
The DREAM ACT was reintroduced last month followed by President Barack Obama stating his intention to begin debating true immigration reform.
A twitter tweet lead me to this ridiculous commentary by a blogger on "BloggerBase.com" I would normally just leave a comment there but the idiot who wrote the piece didn't want anonymous comments (which is OK by me, I sign my work) and the site won't let you use your name unless you join. I do not see the reason to join, at least for now. So here Mr.J Malmberg is my response to your drivel. Your sad and embarrassing post on what is "wrong" with the DREAM ACT.
Sadly this is a ridiculous response to a real problem. Your arguments are no more than a dismissal of the Dream Act proponent's position. You offer nothing.
You misstate the facts. A kid can't just "come here at 15" & stay. He must be here for years before he qualifies. He must arrive before he is 15.
1. Kids do not come on their own. You suggest the reason this argument doesn't hold water is that it "rewards the parent who broke the law." WRONG. This law doesn't punish the child who is here through no fault of their own. The parent's wish is of no consequence. We do not punish children for the sins of their parents.
Which leads us to straw dog argument number 2:
"When people commit crimes the family is often hurt as much as their direct victims."
There is no US law that punishes a child for a parent's crime. What we do have is a situation where a kid may be the only one punished. That's right, mom and dad may be citizens but the kid might not be & will be sent back to a country where he knows no one & may not speak the language. The child will have no home or any way to survive there.
Your cavalier attitude shows a complete lack of understanding of law or compassion. In America, when we act in child cases, even juvenile crime cases, courts must always consider the best interest of the child. The DREAM act codifies that theory for immigration law as well.
3. Your final argument is a tautology. DREAM ACT kids will be offered in-state tuition in the states in which they reside. It is no different than it is for everyone else. Thousands are not being turned away. Nearly no one who wants to go to college is being kept out because of money. Cite a reputable study for gosh sakes.
Your xenophobic attitude towards these kids is an embarrassment. Your lack of candor is worse. We gave you your stupid fence. It isn't working. Now give us a workable immigration policy that secures our borders, guarantees our security & our economy too. PASS THE DREAM ACT.
A twitter tweet lead me to this ridiculous commentary by a blogger on "BloggerBase.com" I would normally just leave a comment there but the idiot who wrote the piece didn't want anonymous comments (which is OK by me, I sign my work) and the site won't let you use your name unless you join. I do not see the reason to join, at least for now. So here Mr.J Malmberg is my response to your drivel. Your sad and embarrassing post on what is "wrong" with the DREAM ACT.
Sadly this is a ridiculous response to a real problem. Your arguments are no more than a dismissal of the Dream Act proponent's position. You offer nothing.
You misstate the facts. A kid can't just "come here at 15" & stay. He must be here for years before he qualifies. He must arrive before he is 15.
1. Kids do not come on their own. You suggest the reason this argument doesn't hold water is that it "rewards the parent who broke the law." WRONG. This law doesn't punish the child who is here through no fault of their own. The parent's wish is of no consequence. We do not punish children for the sins of their parents.
Which leads us to straw dog argument number 2:
"When people commit crimes the family is often hurt as much as their direct victims."
There is no US law that punishes a child for a parent's crime. What we do have is a situation where a kid may be the only one punished. That's right, mom and dad may be citizens but the kid might not be & will be sent back to a country where he knows no one & may not speak the language. The child will have no home or any way to survive there.
Your cavalier attitude shows a complete lack of understanding of law or compassion. In America, when we act in child cases, even juvenile crime cases, courts must always consider the best interest of the child. The DREAM act codifies that theory for immigration law as well.
3. Your final argument is a tautology. DREAM ACT kids will be offered in-state tuition in the states in which they reside. It is no different than it is for everyone else. Thousands are not being turned away. Nearly no one who wants to go to college is being kept out because of money. Cite a reputable study for gosh sakes.
Your xenophobic attitude towards these kids is an embarrassment. Your lack of candor is worse. We gave you your stupid fence. It isn't working. Now give us a workable immigration policy that secures our borders, guarantees our security & our economy too. PASS THE DREAM ACT.
Saturday, March 14, 2009
Seems We White Collar Criminal Defense Attorneys Are a Hot Date Commodity. Why? Cause we are IN DEMAND. Who Knew? You Should!!
I found this little tidbit about finding wealthy guys for "gold digging" girls. It says that if you want to find wealthy guys hang out with lawyers...But not just any lawyers. No only Bankruptcy and White Collar Criminal Defense Lawyers. I just told my wife I am a hot commodity... she seems somewhat shall we say nonplussed...
Whether of not you are a "golddigger" White collar criminal defense lawyers are a good group with which to hang out. They are bright tough, and if you get one that is not afraid to try a case, interesting. The best of us know that the most important thing we can do is keep our clients out of the paper and unindicted. Hence the time to find a White Collar Criminal Defense Lawyer here on Long Island or in New York City, is as soon as you realize you could be (not may be or are) in trouble. Often you will be surprised to learn how few Nassau and Suffolk County Criminal Defense Lawyers are really White Collar Criminal Defense Lawyers. You need a Criminal Lawyer who is just as comfortable in State as in Federal court and you need one who knows how to conduct a money investigation as well as handle the criminal courtroom and the public.
I have taken on Ponzi scheme cases, as well as stock frauds. wire and mail frauds, and of course their by-product money laundering cases. I know that handling the press and getting a good face on the client in the court of public opinion is very important. Hence we work with our own Public Relation staff, media people and social workers to present our client well in the media and to the court. Judicious use of jury selection experts and a team approach to investigation and trial is another key aspect of what I think makes my firm different from most other Long Island (and even many New York City) White Collar Criminal Defense firms.
An additional worry for many White Collar Defendants is that even if they survive the criminal prosecution, they face lower standards for losing their licenses. Lawyers, Brokers, CPA's and even Notaries need to look for lawyers who have handled not only criminal cases, not only White Collar Criminal cases but also lawyers who have appeared before Grievance committees, NASD and SEC boards and the state education department. They need to find attorneys who have helped others hold onto the licenses after those individuals have been accused or even investigated for crimes.
Now a sentencing expert is not going to help Bernie Madoff too much. But when a White Collar Criminal Defendant is looking for a criminal defense team, especially in the federal Second Circuit (which encompasses New York Brooklyn Queens Nassau and Suffolk Counties), they should also be concerned with how much that trial lawyer knows about the Federal and State Sentencing guidelines. Working the guidelines and understanding the cases (such as Booker and FanFan and their progeny) is a key to avoiding lengthy prison sentences.
In all, I really enjoy working on White Collar Criminal Defense cases in New York and on Long Island. They provide a tremendous legal challenge and a personal challenge too. They require I reinforce to the jury that the clients are not bad people and that they are the same as those before whom they are called. They are just men and women who were trying to make an honest buck when a roof caved in.
It is also important to keep before the jury, that it is not the job of the white collar defendant to stop people from making mistakes with their money, it is their job to offer legitimate opportunities, explain the risks accurately and then let the chips fall where they may.
If you or someone you love is charged with a White Collar Crime whether in New York City or in Nassau or Suffolk counties, I would love to consult with you, or them, about it to see if we may help.
You can call us at 516-741-3400 24/7or reach out to us on this blog.
Whether of not you are a "golddigger" White collar criminal defense lawyers are a good group with which to hang out. They are bright tough, and if you get one that is not afraid to try a case, interesting. The best of us know that the most important thing we can do is keep our clients out of the paper and unindicted. Hence the time to find a White Collar Criminal Defense Lawyer here on Long Island or in New York City, is as soon as you realize you could be (not may be or are) in trouble. Often you will be surprised to learn how few Nassau and Suffolk County Criminal Defense Lawyers are really White Collar Criminal Defense Lawyers. You need a Criminal Lawyer who is just as comfortable in State as in Federal court and you need one who knows how to conduct a money investigation as well as handle the criminal courtroom and the public.
I have taken on Ponzi scheme cases, as well as stock frauds. wire and mail frauds, and of course their by-product money laundering cases. I know that handling the press and getting a good face on the client in the court of public opinion is very important. Hence we work with our own Public Relation staff, media people and social workers to present our client well in the media and to the court. Judicious use of jury selection experts and a team approach to investigation and trial is another key aspect of what I think makes my firm different from most other Long Island (and even many New York City) White Collar Criminal Defense firms.
An additional worry for many White Collar Defendants is that even if they survive the criminal prosecution, they face lower standards for losing their licenses. Lawyers, Brokers, CPA's and even Notaries need to look for lawyers who have handled not only criminal cases, not only White Collar Criminal cases but also lawyers who have appeared before Grievance committees, NASD and SEC boards and the state education department. They need to find attorneys who have helped others hold onto the licenses after those individuals have been accused or even investigated for crimes.
Now a sentencing expert is not going to help Bernie Madoff too much. But when a White Collar Criminal Defendant is looking for a criminal defense team, especially in the federal Second Circuit (which encompasses New York Brooklyn Queens Nassau and Suffolk Counties), they should also be concerned with how much that trial lawyer knows about the Federal and State Sentencing guidelines. Working the guidelines and understanding the cases (such as Booker and FanFan and their progeny) is a key to avoiding lengthy prison sentences.
In all, I really enjoy working on White Collar Criminal Defense cases in New York and on Long Island. They provide a tremendous legal challenge and a personal challenge too. They require I reinforce to the jury that the clients are not bad people and that they are the same as those before whom they are called. They are just men and women who were trying to make an honest buck when a roof caved in.
It is also important to keep before the jury, that it is not the job of the white collar defendant to stop people from making mistakes with their money, it is their job to offer legitimate opportunities, explain the risks accurately and then let the chips fall where they may.
If you or someone you love is charged with a White Collar Crime whether in New York City or in Nassau or Suffolk counties, I would love to consult with you, or them, about it to see if we may help.
You can call us at 516-741-3400 24/7or reach out to us on this blog.
Friday, March 06, 2009
What is Manly?
Mars US Snackfood Division and Spearling's Best Places announced that it had chosen America's Most Manly Cities. In it, Nashville came in First, and New York came in last.
I know this little contest was meant in fun. It got a lot of attention in the press (I heard it on 880 WCBS an all News radio station in NY) which was the point. It was based on a number of "values" that show manliness, such as the number of Monster-Truck Rallies and Drag Races. The number (or lack of)Sports teams in a city or home furnishing stores, the number of Home Depot type stores and how many men fish or bowl or hunt, how many salty snacks are purchased, etc. All allegedly manly activities (except for the home furnishing stores...evidently it is manly to build a home but not to put furniture in it???)
Now this got me thinking, how would I chose a manly city. I have to admit, I am a big fan of men's codes. I love reading Robert Parker novels because his protagonists are people who live by a code and sometimes have to deal with moral dilemmas stemming from those "codes". I thought about the attributes that make men heroes, to me.
I wish Mars and Spearling had used these ideas:
How many men:
Work in the same job for more than 10 years?
What is the incident's of divorce?
What percentage of Families are headed by a father?
What percentage of divorced men are behind or do not pay child support?
How many men, who have wives that are partially or fully disabled, stay married to, and support those sick spouses?
What is the rate of domestic violence?
What percentage cheat on their spouse or significant other?
What percentage cheat regularly (i.e. an affair?)
What percentage of men in relationships over 10 years say they are still in love with the person they were with? 20 years? 30?
What percentage of men, cook, clean, help with infant care (change diapers...)?
How many men participate in youth sports as coaches, referees, league officials? How many do so even if they do not have children who participate in the sport?
What percentage of Men have been convicted of a crime?
What percentage have served in the armed forces?
What percentage vote?
What percentage have graduated High school, College?
What percentage of men have been arrested for DWI?
What percentage has given charitable contributions?
What percentage has given TIME to a charity?
What number of men are involved in Breach of Contract law suits or better what is the overall percentage of these types of law suits?
How many men, employ females? What percentage of those females are employed at high level jobs?
What is the percentage of male owned businesses that have pro-family benefits paid by the company such as maternity, bereavement , family leave. Medical benefits, for a family?
What percentage of Men have put away IRA's or 401K'S How many of those are left to the mother's of the man's child or the child themselves?
How many carry life insurance and what percentage is properly insured so that if they should die, their families will not be impoverished?
How many men carry Disability insurance?
What percentage of men have spoken to their kids about drugs, alcohol, sex, violence, and especially violence toward women?
What percentage would describe themselves as Homophobic?
What percentage has a good driving record? How many speed per capita?
How many men, spend at least an hour a day working with the kids on homework?
How many read the front and back of a newspaper?
How many read magazines that are news oriented?
How many are actively involved in politics by giving BOTH money and time to candidates and/or organizations that they politically ascribe to?
How many men spend at least 7 hours a week playing with the children?
What percentage of dinners are taken together with the whole family?
What percentage have gone bankrupt? What percentage are behind in their debt? What percentage has a credit rating considered excellent? what percent has a rating that is poor?
What percent of men, with elderly parents, visit with those parents for at least 3 hours a week, or speak to them by phone for at least 3 hours a week?
What percentage of men spend at least a half hour a day exercising?
What percentage smoke?
What percentage use illegal drugs or abuse prescription drugs?
What percentage is obese?
How many go regularly to Religious services?
Being a man has nothing to do with eating salty food, consuming beer, leering at women and drooling over them like they were a Peter Luger's steak. It has nothing to do with Speed contests or Women conquests.
Being a man is not telling everyone how brave you are. It is being brave. It is not in beating up another man, or worse a woman or child, it is in knowing how to get your way by persuading them, or walking away from the violence even though you want to and could kick the crap out of the other party. It is in not kissing and telling.
Being a man, is choosing to put your own gratification aside for a while so that your family or community is better off. It is taking care of your family first, your nation second and then yourself. It is keeping your promise even when it is inconvenient.
Being a man is helping others grow. It is learning and teaching how to be a better person.
The list I have compiled here is not exclusive. If you have some thoughts or ideas, please leave them in the comments. Maybe you will help some guy be a better and more "manly" man.
Monday, March 02, 2009
Lessons I Learned This Month: Eat Less Calories ,Exercise More, Doodle When You Can, and Don't Mess Around With Pres. Obama!
I really envy the people who find something cool and interesting to say everyday. I blog in spurts A month here and a month there then a week off here and a month off there. Not much of a way to build a following. Nevertheless, I blog for the enjoyment so if it isn't fun I am not going to do it.
Now that I have found my way home again. I think I will start off light.
First off, Did you know doodling was good for you? Yup that's right. It HELPS you concentrate. Same with playing easy games like Brickbreaker on a Blackberry or Freecell. I am often guilty of this when I get board in an interview or on a phone call. Some clients find it quite distracting. I find if I don't do it I lose my concentration. Now I know why. Read about it here
As for diet and exercise, guess what, Eat less, move more, lose weight. It's all here in this study. NIH had to commission a study for this??
Eating less calories and moving more has never been a question. The reason for the various diets is that eating less and exercising more is not what calls to most obese people. Chocolate shakes and steaks call to us. Now I know you are saying just do that, it doesn't matter how you do it. That said, however, getting me to do this is not an easy undertaking. Food and the way we use is part of the answer. This study doesn't go into that. It repeats simple science. Put in less fuel, use more energy, you should need to get to surplus faster. Got it. Now tell me what, where and how. Keep me doing it and then you have something.
President Obama at least sounds like a President. He has issued a dare so to speak against lobbyist's who intend to stand in the way of his change platform on issues like energy and healthcare. I guess we will see if his bully pulpit is bigger than the soft campaign money of the special interests. So far I like the guy though not all of his programs.
I am not a big Rush Limbaugh kind of guy. Hey Rush, get a clue, the public threw you guys out. You sat there for 8 years as a bully pulpit for a President who took his marching orders from your playbook and it in part caused the greatest depression since the great depression. You aren't pulling for the President to succeed in putting us back on track? Screw you!! I don't like everything he is doing, but he is our guy and we need to give him a chance like we did Bush, and if his plan works, and works well, then the loyal (NOTE TO RUSH I SAID LOYAL) opposition is going to have to do some rethinking.
Personally I think we need to allow for a correction. We also need to get out of fixing markets and let them self correct. What we need to do better is recognize phony products (sub-prime loan credit default swaps or CDS)and not allow them to be traded to people who don't understand them. I think we need to roll back the bankruptcy rules too. By changing them, we let the banks loan out too much money to risky borrowers. The new laws encouraged banking officials to think they can't lose as borrowers could not just walk away from the loans anymore, they had to restructure and pay some of it back. Oh well...
There is one more thing I think we need to do. We need to start teaching, requiring state-wide teaching of economics in the schools starting with Micro-economics in the younger grades and Macro in the High School. It should be required of every kid to have at least 2 years of it in HS in order to graduate. Maybe then we will all understand the issues and how to read a public budget and a stock and shareholders report.
Okay that's it for tonight. It is nice to be back. See you all around.
Now that I have found my way home again. I think I will start off light.
First off, Did you know doodling was good for you? Yup that's right. It HELPS you concentrate. Same with playing easy games like Brickbreaker on a Blackberry or Freecell. I am often guilty of this when I get board in an interview or on a phone call. Some clients find it quite distracting. I find if I don't do it I lose my concentration. Now I know why. Read about it here
As for diet and exercise, guess what, Eat less, move more, lose weight. It's all here in this study. NIH had to commission a study for this??
Eating less calories and moving more has never been a question. The reason for the various diets is that eating less and exercising more is not what calls to most obese people. Chocolate shakes and steaks call to us. Now I know you are saying just do that, it doesn't matter how you do it. That said, however, getting me to do this is not an easy undertaking. Food and the way we use is part of the answer. This study doesn't go into that. It repeats simple science. Put in less fuel, use more energy, you should need to get to surplus faster. Got it. Now tell me what, where and how. Keep me doing it and then you have something.
President Obama at least sounds like a President. He has issued a dare so to speak against lobbyist's who intend to stand in the way of his change platform on issues like energy and healthcare. I guess we will see if his bully pulpit is bigger than the soft campaign money of the special interests. So far I like the guy though not all of his programs.
I am not a big Rush Limbaugh kind of guy. Hey Rush, get a clue, the public threw you guys out. You sat there for 8 years as a bully pulpit for a President who took his marching orders from your playbook and it in part caused the greatest depression since the great depression. You aren't pulling for the President to succeed in putting us back on track? Screw you!! I don't like everything he is doing, but he is our guy and we need to give him a chance like we did Bush, and if his plan works, and works well, then the loyal (NOTE TO RUSH I SAID LOYAL) opposition is going to have to do some rethinking.
Personally I think we need to allow for a correction. We also need to get out of fixing markets and let them self correct. What we need to do better is recognize phony products (sub-prime loan credit default swaps or CDS)and not allow them to be traded to people who don't understand them. I think we need to roll back the bankruptcy rules too. By changing them, we let the banks loan out too much money to risky borrowers. The new laws encouraged banking officials to think they can't lose as borrowers could not just walk away from the loans anymore, they had to restructure and pay some of it back. Oh well...
There is one more thing I think we need to do. We need to start teaching, requiring state-wide teaching of economics in the schools starting with Micro-economics in the younger grades and Macro in the High School. It should be required of every kid to have at least 2 years of it in HS in order to graduate. Maybe then we will all understand the issues and how to read a public budget and a stock and shareholders report.
Okay that's it for tonight. It is nice to be back. See you all around.
Sunday, February 01, 2009
Open Letter to Agape World Inc "Investors"
Readers, I have been attempting to communicate with Agape World Inc. investors who have been talking trash as well as debating the issues of whether the President of Agape World Inc. was able to run an alleged "Ponzi scheme" by himself or if others knew what he was doing.
Of course, many of the folks on the bulletin board service do not like what I have to say. Others did not believe it was me saying it. They pointed to poor sentences and other grammatical errors which plague my writing when I am in a hurry. Of course I did what I usually do. I typed out my thoughts before I forgot them all, then went back to try to edit these thoughts and hit the wrong key thereby printing the response instead, errors and all.
A couple of folks were worried my post was by an anonymous person acting like they were me. I set the record straight in the letter below. I re-read the letter and decided it was worth reprinting it here too. I also edited the post before I sent it...
There you have it. I may be unconventional, but I think that people should hear both sides of things before they decide something as important as whether to charge a person based on nothing more than conjecture.
I will try to catch up with you all later this week.
TLD
Of course, many of the folks on the bulletin board service do not like what I have to say. Others did not believe it was me saying it. They pointed to poor sentences and other grammatical errors which plague my writing when I am in a hurry. Of course I did what I usually do. I typed out my thoughts before I forgot them all, then went back to try to edit these thoughts and hit the wrong key thereby printing the response instead, errors and all.
A couple of folks were worried my post was by an anonymous person acting like they were me. I set the record straight in the letter below. I re-read the letter and decided it was worth reprinting it here too. I also edited the post before I sent it...
To whom this may concern:
Thank you for taking the time to ask if I posted on "Fat Wallet."
I am the person who posted to the board. For those that felt that the post was poorly written, I hit the send button in error before I could edit the post. Nevertheless, I think I put the salient points across.
I understand people lost money. Some lost a lot of money, and they are justifiably upset. I also understand that it easy to lash out at people, especially when you can do it anonymously. I am responding as best I can, to investors where I can find them, and I am trying to do it in a non argumentative way. I use my real name because I think that the "anonymity" on the bulletin boards in part led to people not taking the warnings about Agape seriously.
Anthony Massaro is, in my opinion, a good man. He met a person who by all accounts was the consummate "con man." Any "con man" worth his salt slowly builds confidence in his "marks" (BTW I saw that you are having a discussion on what to call people who have been cheated. They are neither "investors", "losers", or "victims". They are "marks".) Cosmo started on his friends family and acquaintances. The more he kept promises, the more they believed in what he was doing. ( I noticed someone asked if Anthony ever told anyone where he met Nick. He told anyone who asked. Did any of you ask?)
No one can deny that Cosmo kept his books to himself. No one has come forward with a single shred of hard evidence that VPs or sub-brokers knew of, or saw, anything awry. All I have heard from marks, reporters and on the boards, is that the salesmen "Had to know". While it is a reasonable suspicion it is by far not proof. When it is held to the facts as we know them, it is no longer a reasonable suspicion.
I understand that this business had accountants lawyers and bookkeepers. It filed taxes. Why is it no one on Fat Wallet or in the press calling for these people to answer? Moreover, if done well (and I have no reason to think Cosmo didn't do it well) even these financial employees can be kept in the dark. Nevertheless can you see that their signing off on these documents gave the VP's and brokers even more to believe in?
I agree, Cosmo surrounded himself with men and women who could not challenge him. They knew little. They were mostly not business law educated. Some people on the floor of the NYSE and other exchanges do not have more than a HS education. If they go to the right firm however they learn. I doubt Agape was the right kind of firm. Agape employees had no idea what questions to ask. Even if they asked, they did not know enough to understand whether they were getting the right answers. If the answers sounded right, their belief level rose again. Nick Cosmo knows how to answer questions. (See the 22 "seminars" he held in December '08.)
Finally, belief in the company hit a pinnacle when Entrepreneur Inc. named the company one of the Top 100 Up and Coming Businesses. Imagine the pride these employees must have had. Imagine if you can, the belief and excitement they must have generated and what they told their friends and families. Instead of thinking they were "in on it", just for a moment, imagine they weren't, and think about how they felt about themselves and their company's accomplishments.
Now maybe you can imagine the betrayal they feel. If I am right, and again I have seen nothing hard showing me otherwise, you were betrayed by Nick Cosmo, a man who you barely or didn't know. They were betrayed by their boss. A person they came to believe in like a business "guru." A man who told them he was their friend and who it turned out cared as little for them as he does for you. Now imagine having to go home to tell your spouse that your whole life was built around a house of cards. On top of this, add people calling for your death or arrest etc. The same people, who only months before were inviting you to dinners, weddings, house warnings, and other parties that you helped make possible through Agape World Inc.
These employees have families and homes, They had savings accounts and retirement funds invested too. They thought they had found the goose that laid the golden egg, and they were giving that to other friends and family. Now they are alone, they are not able to speak to these same friends and families. They are despised and the people who heralded them just a few short months ago, have turned on them.
Maybe you are too angry to hear this, maybe you are so angry that you cannot imagine what I am saying. That doesn't make what I am saying not true. In fact, what I am saying is by far more provable than what some "marks" are suggesting.
That "They had to know" line is certainly convenient, and may make a few "marks" feel better that they were ripped off by a team of "con men" instead of by one guy, but it doesn't equal proof by even a preponderance of the evidence, much less beyond a reasonable doubt.
Someone had mentioned that the "brokers" had to have a Series 7. I do not agree. I do not think the law presently requires people who pool money to lend at a profit have to have any regulation at this time. This case may change that, but if it does, it does so at a great risk to legitimate lenders and moreover to needy borrowers. I do not however, wish to debate the issue now.
I would like to say one more thing however. Some of you have suggested that I must not be a very good lawyer because I have chosen to come on Fat Wallet and other websites to respond to some of the things I have seen written there. I guess I have a different way of practicing law than most people do. I think that it is important to have someone challenge, rationally, the proposition that where there is smoke there must always be fire. Sometimes when there is smoke, all it is, is smoke.
My client is sad, dazed, and right now, alone. If I am right, he did nothing more than any other mark has, but he has lost far more than they, he has lost not just money he had counted on, but a support and a belief system. While I understand the anger, it is a shame that others cannot withhold judgment until all the facts are aired. Until then, these men and women are entitled to be presumed innocent by each of you.
There you have it. I may be unconventional, but I think that people should hear both sides of things before they decide something as important as whether to charge a person based on nothing more than conjecture.
I will try to catch up with you all later this week.
TLD
Thursday, January 29, 2009
Maybe You Are Wondering Where I Am.
I have not posted for nearly 10 days. I have a bad habit of going on "walkabout". I get the urge to write and then after a month or so, it goes away, I have little new to say or too little time to say it well.
I am in the second phase now. I have too little time to say what I want to say well. I am not sure who said it first, but I think it was Winston Churchill who said, " I am sorry for the long letter but I didn't have the time to write a short one." It takes time to write well. I do not write as well as others.
I have also been tied up with the case of the AGAPE WORLD INC. alleged Ponzi scheme. I am representing one of the Vice Presidents of the company and the man who called the authorities on behalf of his fellow VP's and employees of Agape World when he confirmed the President of Agape Nicholas Cosmo was stealing and running a Ponzi Scheme. I hope to have a lot to say on my blog this weekend on this matter. Meanwhile, I am thankful for the folks who follow me on Twitter and who call or send notes or e-mails wishing my client and I good fortune. I may add a few links later.
For anyone who is interested you can see me speak on Criminal Motion Practice at the Young Lawyer Section of the NYS Bar Association tomorrow from 9:30 to 10:30 in their CLE Bridge the Gap seminar. It is a highly attended seminar and I think you may enjoy it.
I will be back in a couple of days.
I am in the second phase now. I have too little time to say what I want to say well. I am not sure who said it first, but I think it was Winston Churchill who said, " I am sorry for the long letter but I didn't have the time to write a short one." It takes time to write well. I do not write as well as others.
I have also been tied up with the case of the AGAPE WORLD INC. alleged Ponzi scheme. I am representing one of the Vice Presidents of the company and the man who called the authorities on behalf of his fellow VP's and employees of Agape World when he confirmed the President of Agape Nicholas Cosmo was stealing and running a Ponzi Scheme. I hope to have a lot to say on my blog this weekend on this matter. Meanwhile, I am thankful for the folks who follow me on Twitter and who call or send notes or e-mails wishing my client and I good fortune. I may add a few links later.
For anyone who is interested you can see me speak on Criminal Motion Practice at the Young Lawyer Section of the NYS Bar Association tomorrow from 9:30 to 10:30 in their CLE Bridge the Gap seminar. It is a highly attended seminar and I think you may enjoy it.
I will be back in a couple of days.
Monday, January 19, 2009
Our Sister Blog "Long Island (Criminal) Trial Law" : Why Wall Street White Collar Defendants Need Main Street Criminal Defense Lawyers
With the new administration, and the recent Drier and Madoff scandals leading the way, White Collar Prosecutions are sure to be on the rise. Over at Long Island (Criminal) Trial Law, we are discussing how Main Street Criminal Defense Lawyers are the right solution to Wall Street White Collar Defendant's problems.
The Start of a New World, The Week The Dream Comes True : Martin Luther King Jr. and Barack Hussein Obama
I have so little to add to all that is being said on the air, in the main stream media and in all the blogs. This is the start of a new world. A world that I am sure many in my lifetime feared, and many more doubted. A world, where finally the promise that any man woman or child can be President of the United States is fulfilled.
From the steps of the Lincoln Memorial, possibly the most revered land in the nation (other than a National Cemetery) Martin Luther King Jr. stood up to the powers that would liked never to see this week come and said:
Tuesday is another huge step in achieving the MLK Dream. But it is not just his dream that is fulfilled this week. With the Inauguration of Barack Obama, we also fulfill the dreams of Ganhdi, and Lincoln, and Jesus Christ. King said in his speech:
On Tuesday, we have an opportunity to show the world, that the concepts of peaceful protest, advocacy, education, and persistence can change the way the world works. War and killing doesn't have to be the way. In fact, war and killing usually just leads to more war and killing. Peaceful respectful disagreement will bring about permanent change. Discipline and Dignity... If that isn't a good description of our President-elect, nothing is. I don't know what he will do, or if it will work, or even if I will agree with him, but I already see he is a man, who exudes dignity and discipline.
There is a different feel in Washington DC. It is one of hope and renewal. There is a return of class to the city. People even speak of trust. I haven't heard the word trust in the city since 1969.
Obama is reaching out to the Republicans. He is seeking to work with the men in the middle. He may be saving the Republican party from itself by doing so. Brave Republicans like McCain and Graham understand that working in a genial environment is the only way to accomplish anything. Failure to do so will reign down anger from the people on the main streets of every city and town in the country. We cannot have 4 more years of nothing being accomplished in Washington DC.
Of course, such bi-partisanship will bring about rage from the neo-con right (or are they really left?) because, they will claim they cannot take pot shots at the President and the Democratic leadership if the moderate Republicans give them cover. Too bad. Rush and the idiotic blond bimbo who wishes she were he, will have to just shoot at each other for a change. They have been shooting the Republicans in the foot long enough. Liberals of the far out persuasion will have the same difficulties. If they want to accomplish anything in Washington DC without making their re-elections impossible, they will have to come to the middle with their social agenda, and maybe their economic agenda as well.
On the other hand, we all could go to a tax program allowing Americans to keep 90% of what they earn. I bet that stimulates the economy right away.
Finally, maybe the dreams of the man we honor on Monday, become fulfilled with the Inauguration he made possible of the man we entrust with our nation's well being on Tuesday. With great challenge, comes great opportunity. But with great opportunity, comes great responsibility not to squander that opportunity. The last eight years have been squandered opportunity. As a nation we have tired of that waste.
It will be an historic week. I will pray, it is an historic Presidency.Congratulations Dr. King, and welcome Mr. Obama, Mr. President. Welcome, and good luck.
From the steps of the Lincoln Memorial, possibly the most revered land in the nation (other than a National Cemetery) Martin Luther King Jr. stood up to the powers that would liked never to see this week come and said:
"And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."
I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
I have a dream today!
I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of "interposition" and "nullification" -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.
I have a dream today!
I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; "and the glory of the Lord shall be revealed and all flesh shall see it together."
This is our hope, and this is the faith that I go back to the South with.
With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
And this will be the day -- this will be the day when all of God's children will be able to sing with new meaning:
My country 'tis of thee, sweet land of liberty, of thee I sing.
Land where my fathers died, land of the Pilgrim's pride,
From every mountainside, let freedom ring!"
Tuesday is another huge step in achieving the MLK Dream. But it is not just his dream that is fulfilled this week. With the Inauguration of Barack Obama, we also fulfill the dreams of Ganhdi, and Lincoln, and Jesus Christ. King said in his speech:
"In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force."
On Tuesday, we have an opportunity to show the world, that the concepts of peaceful protest, advocacy, education, and persistence can change the way the world works. War and killing doesn't have to be the way. In fact, war and killing usually just leads to more war and killing. Peaceful respectful disagreement will bring about permanent change. Discipline and Dignity... If that isn't a good description of our President-elect, nothing is. I don't know what he will do, or if it will work, or even if I will agree with him, but I already see he is a man, who exudes dignity and discipline.
There is a different feel in Washington DC. It is one of hope and renewal. There is a return of class to the city. People even speak of trust. I haven't heard the word trust in the city since 1969.
Obama is reaching out to the Republicans. He is seeking to work with the men in the middle. He may be saving the Republican party from itself by doing so. Brave Republicans like McCain and Graham understand that working in a genial environment is the only way to accomplish anything. Failure to do so will reign down anger from the people on the main streets of every city and town in the country. We cannot have 4 more years of nothing being accomplished in Washington DC.
Of course, such bi-partisanship will bring about rage from the neo-con right (or are they really left?) because, they will claim they cannot take pot shots at the President and the Democratic leadership if the moderate Republicans give them cover. Too bad. Rush and the idiotic blond bimbo who wishes she were he, will have to just shoot at each other for a change. They have been shooting the Republicans in the foot long enough. Liberals of the far out persuasion will have the same difficulties. If they want to accomplish anything in Washington DC without making their re-elections impossible, they will have to come to the middle with their social agenda, and maybe their economic agenda as well.
On the other hand, we all could go to a tax program allowing Americans to keep 90% of what they earn. I bet that stimulates the economy right away.
Finally, maybe the dreams of the man we honor on Monday, become fulfilled with the Inauguration he made possible of the man we entrust with our nation's well being on Tuesday. With great challenge, comes great opportunity. But with great opportunity, comes great responsibility not to squander that opportunity. The last eight years have been squandered opportunity. As a nation we have tired of that waste.
It will be an historic week. I will pray, it is an historic Presidency.Congratulations Dr. King, and welcome Mr. Obama, Mr. President. Welcome, and good luck.
Tuesday, January 13, 2009
Man Bites Dog: Victim Seeks Dismissal of Statutory Rape Charges Against Director Roman Polanski. Should It Matter?
The alleged victim in the Roman Polanski Statutory Rape case, joins with Polanski in seeking dismissal of the charges against him. Filing a separate affidavit, the victim accuses the former Judge and Prosecutor in her case of failures and misdeeds. She also claims that the prosecutors in the case now are seeking to cover up those misdeeds and that their failures are causing her unnecessary grief and embarrassment.
Ms. Geimer now 45 years old and a mother herself wants the case dismissed. Though not denying the facts behind the allegations, she feels that too much time has passed and that she has moved on in her life. She asserts that Prosecutors, who earlier this month used Grand Jury excerpts that gave vivid detail to the media about the accusations leveled at the Oscar winning director, are trudging the whole thing up to protect their office's good name at her expense.
Polanski was allegedly at the home of actor Jack Nicholson when he attacked the girl who was there alone to meet the famed director. Polanski lost his wife Sharon Tate a young actress and their yet to be born child in the Manson Murder spree.
Geimer's petition is an interesting one. Under her theory, as a victim she should have a say as to how the prosecution is handled and what should happen to the outcome of the case. This is essentially giving her veto power over the prosecutors office.
Nonetheless, Prosecutors and victim's rights advocates have been leading the charge to give victims more say in sentencing and other matters that, in the not so distant past have been the sole discretion of judges and lawyers. This would be fair turnaround. Often victims of crimes want to drop charges but are told that since they are not the prosecutor they have no say in what or how a case is handled. In cases where there are mandatory minimums, such as in many statutory rape situations, the victim's will is defeated.
If that were to happen in cases where a judge refused to go along with the victim, prosecutors rally to the victim's side and decry the jurist and often blame defense counsel as well. It feels like fair game to burn the prosecution at its own game. In fact, in Polanski's case it is even more than fair as the prosecutor went so far as to have ex-parte conversations with the court and it seems made a fair sentence for Polansky impossible. Griemer has a case it seems where the malfeasense of Prosecutors and the court now causes her more pain and suffering after the fact.
I suppose that I should look at this as a positive effect of Victim's rights. I don't. I see it as a furthering weakening of the criminal justice system and a further step away from what we should be properly doing, that is, establishing guilt and if there is guilt finding an appropriate sentence that will deter further misbehavior by the accused and return that person to society as soon as correction and rehabilitation has been established. It has nothing to do with victims. It isn't about their feelings or lack thereof. It isn't about vengence or hearing the victim's voice.
I am not against those things in the proper forum (ie a parole hearing or civil proceeding) I am against it when it comes to the job or the elected official and when it gets in the way of the goals of the system.
Whether Polansky should be allowed to attack his conviction while remaining in France is not my issue. Whether his conviction or plea should be allowed to be withdrawn is not my care now. Whether that decision should be left up to his victim, anymore than his sentence should be is the issue. I do not feel that it she has any say in this matter. It is for the District Attorney to decide how to enforce the laws of his state. I just think that it also has to be a two way street. If a victim cannot help an accused by being heard on her decision to prosecute, neither should she be able to assert her will on other issues in the criminal prosecurtion of the case in which she is not a party, but is a witness.
What are your thoughts on the role of victims in the Criminal Justice System? Let me know in the comments or by send them to me via Twitter
Ms. Geimer now 45 years old and a mother herself wants the case dismissed. Though not denying the facts behind the allegations, she feels that too much time has passed and that she has moved on in her life. She asserts that Prosecutors, who earlier this month used Grand Jury excerpts that gave vivid detail to the media about the accusations leveled at the Oscar winning director, are trudging the whole thing up to protect their office's good name at her expense.
Polanski was allegedly at the home of actor Jack Nicholson when he attacked the girl who was there alone to meet the famed director. Polanski lost his wife Sharon Tate a young actress and their yet to be born child in the Manson Murder spree.
Geimer's petition is an interesting one. Under her theory, as a victim she should have a say as to how the prosecution is handled and what should happen to the outcome of the case. This is essentially giving her veto power over the prosecutors office.
Nonetheless, Prosecutors and victim's rights advocates have been leading the charge to give victims more say in sentencing and other matters that, in the not so distant past have been the sole discretion of judges and lawyers. This would be fair turnaround. Often victims of crimes want to drop charges but are told that since they are not the prosecutor they have no say in what or how a case is handled. In cases where there are mandatory minimums, such as in many statutory rape situations, the victim's will is defeated.
If that were to happen in cases where a judge refused to go along with the victim, prosecutors rally to the victim's side and decry the jurist and often blame defense counsel as well. It feels like fair game to burn the prosecution at its own game. In fact, in Polanski's case it is even more than fair as the prosecutor went so far as to have ex-parte conversations with the court and it seems made a fair sentence for Polansky impossible. Griemer has a case it seems where the malfeasense of Prosecutors and the court now causes her more pain and suffering after the fact.
I suppose that I should look at this as a positive effect of Victim's rights. I don't. I see it as a furthering weakening of the criminal justice system and a further step away from what we should be properly doing, that is, establishing guilt and if there is guilt finding an appropriate sentence that will deter further misbehavior by the accused and return that person to society as soon as correction and rehabilitation has been established. It has nothing to do with victims. It isn't about their feelings or lack thereof. It isn't about vengence or hearing the victim's voice.
I am not against those things in the proper forum (ie a parole hearing or civil proceeding) I am against it when it comes to the job or the elected official and when it gets in the way of the goals of the system.
Whether Polansky should be allowed to attack his conviction while remaining in France is not my issue. Whether his conviction or plea should be allowed to be withdrawn is not my care now. Whether that decision should be left up to his victim, anymore than his sentence should be is the issue. I do not feel that it she has any say in this matter. It is for the District Attorney to decide how to enforce the laws of his state. I just think that it also has to be a two way street. If a victim cannot help an accused by being heard on her decision to prosecute, neither should she be able to assert her will on other issues in the criminal prosecurtion of the case in which she is not a party, but is a witness.
What are your thoughts on the role of victims in the Criminal Justice System? Let me know in the comments or by send them to me via Twitter
Friday, January 09, 2009
Govenor Palin Attacks Katie Couric: Sarah Still Doesn't Get Why She Cost McCain the Election.
Sarah Palin is the main subject of an upcoming documentary about the election. It is a documentary by John Zeigler, a Neo-conservative film maker who, from what I can see on the YouTube outtake from the movie, was tossing Palin softballs to hit out of the stadium. Unfortunately, Sarah struck out...again.
Palin acts snarky toward and jealous of Caroline Kennedy. Lets see, yes Caroline is wealthy. No Sarah, you do not go after a woman who is trying to enter public service (like you), whose family, whether you like them or not, has dedicated their lives to public service. Never forget Sarah that Caroline's father and Godfather were both assassinated on national television while she was a child because of their decision to serve the nation. She is a victim. You are not.
You also do not get to say you were being "flip" and were not taking questions seriously when you were asked what newspapers you read by Katie Couric.
(Paliin, when asked about Katie Couric's question in their disastrous interview about what newspapers she read, said that she thought Couric was trying to figure out what "they did up there" and that her answer was somewhat flippant and was meant to convey that she did all the same things and read all the same things as those of us in the lower 48.)
You said of Couric, "Katie, the world does not revolve around you." You are right, "the world" doesn't revolve around Couric, but on that day at that time, being the first time you had an opportunity to make an impression on the American electorate, your world should have "revolved" around Couric. What in the world made you think you could blow off a question because you thought it was flippant? What level of self importance do you harbor to think it was all about you? What it was about was showing the American people that you were a serious candidate who could step into the shoes of the President at a moments notice.
Palin also complained that McCain's handlers made her continue the interview after it was clear it went poorly. First off Ms. Palin, you are an adult. You could have said no. As for your decision to continue, it was said you couldn't get your act together, but you cannot cut and run when you are in charge of the free world. You could have prepared better. You could have even taken out those alleged pit bull teeth and polar bear nails and gone after Couric when she was being "unfair" to you. You cannot, however, cut and run. Not if you want to be our President. This is just further proof of your abject inabliity to be President.
As for the Tina Fey statements, who are you kidding? Of course it exploited you. That is what comedians do. You felt that the jokes and statements about your daughter's pregnancy were unfair? Too bad. You chose to thrust that child and her poor decision into the public view. You made her pregnancy an issue. You made her decision to keep the child and marry a boy who didn't want to get married seem shotgun-like. Here Boyfriend made the statements on Facebook that said he didn't want to get married. You announced their engagement. Fey's comment about unwilling children getting married because they got pregnant was vicious but it had a ring of truth to it. That is what made it funny. Your abject failure to recognize your complicity in the situation makes me question your judgement.
Here is the thing. You put yourself out there as a potential President. You decided you hate the intelligent, you are jealous of the successful and you act like a victim.
You are right, Ms. Palin, you are a victim. You are a victim of your own ego, lack of self esteem, petty jealousy, niavite, and, sadly, lack of "smarts". You keep trying to tell me how tough you are. Here is a lesson for you, Sarah. Tough guys don't have to tell people they are tough. They take on tough situations, handle them, and move on. They don't compare themselves to bears, pitbulls or any other animals. They just do their job.
If you need a tough guy to model after, look no further than John McCain. He makes no excuses, stands by his people (you included) and takes responsibility for his own statements failures and decisions.
Palin acts snarky toward and jealous of Caroline Kennedy. Lets see, yes Caroline is wealthy. No Sarah, you do not go after a woman who is trying to enter public service (like you), whose family, whether you like them or not, has dedicated their lives to public service. Never forget Sarah that Caroline's father and Godfather were both assassinated on national television while she was a child because of their decision to serve the nation. She is a victim. You are not.
You also do not get to say you were being "flip" and were not taking questions seriously when you were asked what newspapers you read by Katie Couric.
(Paliin, when asked about Katie Couric's question in their disastrous interview about what newspapers she read, said that she thought Couric was trying to figure out what "they did up there" and that her answer was somewhat flippant and was meant to convey that she did all the same things and read all the same things as those of us in the lower 48.)
You said of Couric, "Katie, the world does not revolve around you." You are right, "the world" doesn't revolve around Couric, but on that day at that time, being the first time you had an opportunity to make an impression on the American electorate, your world should have "revolved" around Couric. What in the world made you think you could blow off a question because you thought it was flippant? What level of self importance do you harbor to think it was all about you? What it was about was showing the American people that you were a serious candidate who could step into the shoes of the President at a moments notice.
Palin also complained that McCain's handlers made her continue the interview after it was clear it went poorly. First off Ms. Palin, you are an adult. You could have said no. As for your decision to continue, it was said you couldn't get your act together, but you cannot cut and run when you are in charge of the free world. You could have prepared better. You could have even taken out those alleged pit bull teeth and polar bear nails and gone after Couric when she was being "unfair" to you. You cannot, however, cut and run. Not if you want to be our President. This is just further proof of your abject inabliity to be President.
As for the Tina Fey statements, who are you kidding? Of course it exploited you. That is what comedians do. You felt that the jokes and statements about your daughter's pregnancy were unfair? Too bad. You chose to thrust that child and her poor decision into the public view. You made her pregnancy an issue. You made her decision to keep the child and marry a boy who didn't want to get married seem shotgun-like. Here Boyfriend made the statements on Facebook that said he didn't want to get married. You announced their engagement. Fey's comment about unwilling children getting married because they got pregnant was vicious but it had a ring of truth to it. That is what made it funny. Your abject failure to recognize your complicity in the situation makes me question your judgement.
Here is the thing. You put yourself out there as a potential President. You decided you hate the intelligent, you are jealous of the successful and you act like a victim.
You are right, Ms. Palin, you are a victim. You are a victim of your own ego, lack of self esteem, petty jealousy, niavite, and, sadly, lack of "smarts". You keep trying to tell me how tough you are. Here is a lesson for you, Sarah. Tough guys don't have to tell people they are tough. They take on tough situations, handle them, and move on. They don't compare themselves to bears, pitbulls or any other animals. They just do their job.
If you need a tough guy to model after, look no further than John McCain. He makes no excuses, stands by his people (you included) and takes responsibility for his own statements failures and decisions.
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