marathon06.org

Sunday, January 15, 2006

The US government has filed a lawsuit against American Airlines on behalf of three pilots. The pilots were employed by the company while serving in the Naval Reserve and Air National Guard.

The US Department of Justice alleges that when the pilots were called into active duty by the US military, American Airlines denied them employment benefits. The Department of Justice said in a complaint filed in the US District Court in Dallas that American Airlines conducted an audit of leave taken for military service by pilots in 2001. The Justice Department charges that based on that audit American Airlines then cut the employment benefits of pilots who had taken military leave while not cuting benefits of pilots who had taken non-military leave.

Justice Department Assistant Attorney General Wan Kim said “This nation depends on our reservists to faithfully carry out their duty. No reservists, indeed no members of the armed forces, should ever be punished or discriminated against for answering the call of duty.”

This is the first class action lawsuit under the 1994 Uniformed Services Employment and Reemployment Rights Act.

Thursday, January 29, 2009

Giving a cow a name and treating her as an individual with “more personal touch” can increase milk production, so says a scientific research published in the online “Anthrozoos,” which is described as a “multidisciplinary journal of the interactions of people and animals”.

The Newcastle University‘s School of Agriculture, Food and Rural Development’s (of the Newcastle University Faculty of Science, Agriculture and Engineering) researchers have found that farmers who named their dairy cattle Ermintrude, Daisy, La vache qui rit, Buttercup, Betsy, or Gertrude, improved their overall milk yield by almost 500 pints (284 liters) annually. It means therefore, an average-sized dairy farm’s production increases by an extra 6,800 gallons a year.

“Just as people respond better to the personal touch, cows also feel happier and more relaxed if they are given a bit more one-to-one attention,” said Dr Catherine Douglas, lead researcher of the university’s School of Agriculture, Food and Rural Development. “By placing more importance on the individual, such as calling a cow by her name or interacting with the animal more as it grows up, we can not only improve the animal’s welfare and her perception of humans, but also increase milk production,” she added.

Drs Douglas and Peter Rowlinson have submitted the paper’s conclusion: “What our study shows is what many good, caring farmers have long since believed. Our data suggests that, on the whole, UK dairy farmers regard their cows as intelligent beings capable of experiencing a range of emotions.” The scientific paper also finds that “if cows are slightly fearful of humans, they could produce [the hormone] cortisol, which suppresses milk production,” Douglas noted. “Farmers who have named their cows, probably have a better relationship with them. They’re less fearful, more relaxed and less stressed, so that could have an effect on milk yield,” she added.

South Norfolk goldtop-milk producer Su Mahon, one of the country’s top breeder of Jersey dairy herds, agreed with Newcastle’s findings. “We treat all our cows like one of the family and maybe that’s why we produce more milk,” said Mrs Mahon. “The Jersey has got a mind of its own and is very intelligent. We had a cow called Florence who opened all the gates and we had to get the welder to put catches on to stop her. One of our customers asked me the other day: ‘Do your cows really know their names?’ I said: I really haven’t a clue. We always call them by their names – Florence or whatever. But whether they really do, goodness knows,” she added.

The researchers’ comparative study of production from the country’s National Milk Records reveals that “dairy farmers who reported calling their cows by name got 2,105 gallons (7,938 liters) out of their cows, compared with 2,029 gallons (7,680 liters) per 10-month lactation cycle, and regardless of the farm size or how much the cows were fed. (Some 46 percent of the farmers named their cows.)”

The Newcastle University team which has interviewed 516 UK dairy farmers, has discovered that almost half – 48% – called the cows by name, thereby cutting stress levels and reported a higher milk yield, than the 54% that did not give their cattle names and treated as just one of a herd. The study also reveals cows were made more docile while being milked.

“We love our cows here at Eachwick, and every one of them has a name,” said Dennis Gibb, with his brother Richard who co-owns Eachwick Red House Farm outside of Newcastle. “Collectively, we refer to them as ‘our ladies,’ but we know every one of them and each one has her own personality. They aren’t just our livelihood, they’re part of the family,” Gibb explained.

“My brother-in-law Bobby milks the cows and nearly all of them have their own name, which is quite something when there are about 200 of them. He would be quite happy to talk about every one of them. I think this research is great but I am not at all surprised by it. When you are working with cows on a daily basis you do get to know them individually and give then names.” Jackie Maxwell noted. Jackie and her husband Neill jointly operate the award-winning Doddington Dairy at Wooler, Doddington, Northumberland, which makes organic ice cream and cheeses with milk from its own Friesian cows.

But Marcia Endres, a University of Minnesota associate professor of dairy science, has criticized the Newcastle finding. “Individual care is important and could make a difference in health and productivity. But I would not necessarily say that just giving cows a name would be a foolproof indicator of better care,” she noted. According to a 2007 The Scientist article, named or otherwise, dairy cattle make six times more milk today than they did in the 1990s. “One reason is growth hormone that many U.S. farmers now inject their cows with to increase their milk output; another is milking practices that extend farther into cows’ pregnancies, according to the article; selective breeding also makes for lots of lactation,” it states.

Critics claimed the research was flawed and confused a correlation with causation. “Basically they asked farmers how to get more milk and whatever half the farmers said was the conclusion,” said Hank Campbell, author of Scientific Blogging. In 1996, the Department for Environment, Food and Rural Affairs provided for a complex new cattle passport system where farmers were issued with passport identities. The first calf born under the new regime were given names like “UK121216100001.”

Dr Douglas, however, counters that England doesn’t permit dairy cattle to be injected hormones. The European Union and Canada have banned recombinant bovine growth hormone (rGBH), which increases mastitis infection, requiring antibiotics treatment of infected animals. According to the Center for Food Safety, rGBH-treated cows also have higher levels of the hormone insulin-like growth factor 1 (IGF1), which may be associated with cancer.

In August 2008, Live Science published a study which revealed that cows have strange sixth sense of magnetic direction and are not as prone to cow-tipping. It cited a study of Google Earth satellite images which shows that “herds of cattle tend to face in the north-south direction of Earth’s magnetic lines while grazing or resting.”

Newcastle University is a research intensive university in Newcastle upon Tyne in the north-east of England. It was established as a School of Medicine and Surgery in 1834 and became the “University of Newcastle upon Tyne” by an Act of Parliament in August 1963.

The School of Agriculture, Food and Rural Development is a school of the Newcastle University Faculty of Science, Agriculture and Engineering, a faculty of Newcastle University. It was established in the city of Newcastle upon Tyne as the College of Physical Science in 1871 for the teaching of physical sciences, and was part of Durham University. It existed until 1937 when it joined the College of Medicine to form King’s College, Durham.

Saturday, July 9, 2005

After a press conference in London from the Metropolitan Police and Transport for London, more details are emerging about the attacks in London on Thursday.

Data from the Underground system’s power and control systems have revealed that all three bombs went off within 50 seconds of each other, at 8.50am, with the managing director of Transport for London, Tim O’Toole saying the bombs went “bang bang bang, very close together”.

The first bomb to detonate was on the Liverpool Street train soon after it left for Aldgate on the Circle line, seconds before the others. The blast tripped out the power system, visible in the control room. The first call the police received that morning reported “a bang” at Aldgate East, coming within a minute of the blast.

The Edgware Road train, leaving for Paddington and also on the Circle, exploded opposite a train coming from the other direction, making people think at first that it was a derailment. The first call to the Police spoke not of an explosion, but of a person falling under the wheels of the train. The confirmation of a bomb did not come until 9.17am, but by that time the emergency services were already on scene.

Transport for London’s new TrackerNet software is fully opertational on the Circle line, which allows for precise tracking of trains, but is not yet fully installed on the Piccadilly line. The first indication of the Piccadilly line bomb was when the tunnel telephone system wires were cut by the blast, an event logged by other software. The cutting of the lines then tripped out the track current. The tunnel itself suffered only slight damage and is safe, but the train – which was packed with commuters heading for Russell Square – is very badly damaged.

London Underground declared a ‘code Amber’ within minutes, moving trains to platforms and opening all doors. A ‘code Red’ – full evacuation – was set at around 9.15am. O’Toole described the decision to evacuate as being “very grave, not taken lightly”. When questioned as to whether everything possible had been done on the day to save lives, the managing director of Transport for London was “very proud” of the choices made that morning.

As investigations continue, all bodies have been removed from the sub-surface Circle line trains, but the carriages themselves are still in situ while a painstaking forensic investigation takes place.

Currently, work is on-going to retrieve bodies and forensic evidence from the carriage of the train in the deep tunnel of the Piccadilly line near King’s Cross. Teams of rescue workers looking for human remains are working alongside forensics experts in a “meticulous” search to find evidence.

Conditions are described as being very difficult, with high temperatures and lots of dust. Work was halted over Friday night when conditions became too bad, and resumed this morning. Efforts have been made to improve the ventilation.

Work will continue throughout tonight and possibly into Sunday. The exact number of bodies still in the wrecked carriage is unknown.

Access from King’s Cross is impossible, so workers are taking the longer route from Russell Square station to get to the front of the train.

Police have revealed that the bombs were ‘high explosives’ – not homemade. However they are declining to be specific about their composition as the information could be useful when they interrogate suspects.

Police will not confirm or deny if any parts of a timer have been found, but have said that “any device will now be in a million pieces”. Police believe the use of timers more likely than suicide bombings as the blasts were so closely timed, but are not ruling out anything.

Tuesday, February 14, 2006

Michael Curtis Reynolds, 47, from Wilkes-Barre, Pennsylvania, is accused of trying to work with al-Qaeda, according to the FBI.

The Phildelphia Inquirer has reportedly obtained court transcripts from Reynold’s Rule Five hearing, before a federal magistrate judge in Pocatello, Idaho that revealed a “convoluted plot” that also includes cyberspace intrigue, an FBI sting, and then an exchange of money in Idaho. Reynolds was represented by Federal Defender, Nick Veith, at the hearing.

According to the transcripts, FBI agents say that Reynolds was plotting to blow up the Alaska pipeline, another pipeline in Pennsylvania and a refinery in New Jersey, with a person who he thought was an al-Qaeda operative. It is also reported that he had planned an attack against Standard Oil Co. in Perth Amboy, New Jersey and Williams Refinery in Opal, Wyoming. However, the Standard Oil refinery, now Chevron, does not exist anymore. The refinery had closed more than a decade ago. All that remains in its place is an empty field. Armada Hess is the only active refinery in Perth Amboy.

So far, Reynolds has not been charged with terrorism.

However, a prosecutor in Reynolds’ December hearing said that, “he tried to provide material aid to al Qaeda.” The prosecutor also said the case “involves a federal offense of terrorism.”

A municipal judge from Conrad, Montana, Shannen Rossmiller, 36, led the FBI to Reynolds by posing as an al-Qaeda operative. Reports say that Rossmiller was looking through terrorist websites when she came across a post by Reynolds who was seeking $40,000 that he would use to buy fuel trucks that would blow up refineries in New Jersey, Wyoming and part of the Alaska Pipeline. After six-weeks of e-mailing each other, Rossmiller agreed to pay the money, and set up a meeting with Reynolds in Pocatello, Idaho. It is reported that after the plans were made, Rossmiller then contacted the FBI who then set up a sting operation, two months ago, against Reynolds. “I feel compelled to do what I can and I know that I have an ability to do something. I’m out for the hunt,” said Rossmiller.

Rossmiller started to look through terror websites just after the September 11 terrorist attacks in NYC. She has read the Koran, studied the radical Islamist lifestyle, and learned just enough Arabic to lurk around in terrorist related chat rooms and “ensnare” the extremists. She also said that he has “assumed several the identities of more than two dozen male personae on the Internet,” and was also part of “a large number” of cases involving the hunting of terrorists. Court records also show that Rossmiller had posed on the Internet as an Algerian terrorist to “befriend” Ryan Anderson, a Muslim convert and a member of the National Guard from the state of Washington, who wanted to hand over information to al-Qaeda on how to destroy Army tanks and humvees.

Assistant U.S. Attorney John C. Gurganus Jr. said, according to transcripts, “he (Reynolds) was doing it as a plan to disrupt governmental function, to change the government’s actions in foreign countries, and to impact on the national debate about the (Iraq) war.”

Reynolds denies trying to work with al-Qaeda and stated that he was “a patriot seeking to expose an al-Qaeda cell inside the United States.” Philip Gelso, Reynolds’s attorney, has not commented on the case.

Authorities searched Reynolds’ home and took his computer as evidence, and some documents allegedly spelling out his terror plots. According to Gurganus, in e-mails on his computer, Reynolds “described what explosives should be used (in the attacks) and where they should be placed.” Gurganus also told the judge that Reynolds, “knew the plots could get him the death penalty as a traitor and that he would have to leave the country immediately once they were carried out.”

According to the British The Inquirer, Microsoft was issued a subpoena last month to allow the Department of Justice access to Reynolds’ hotmail account.

Reynolds has been in Lackawanna County jail, held without bail, since December 5, 2005, when he was arrested about 25 miles from the Thunderbird Motel in Pocatello, Idaho for an unrelated weapons charge. He was charged with possession of an unregistered explosive device when authorities found a grenade in a duffel bag that was inside a home in Pocatello that Reynolds was staying at before he came to Idaho. The grenade charge carries a minimum sentence of three to seven years, to be served in a federal prison. On December 20, a jury indicted and charged Reynolds with two counts of unlawfully possessing hand grenades.

Reynolds pleaded guilty to attempted arson in 1978, a misdemeanor and menacing. He was sentenced to a conditional discharge. He has also been previously convicted of disorderly conduct, resisting arrest and breach of the peace.

The Times-Tribune received a letter on the 13th that used Reynolds’ return address at the Lackawanna County Prison and bears a rubber stamp as used to mark outgoing mail from the jail that detailed Reynold’s denial of ties to al-Qaeda. The letter is postmarked with a date of February 10th, before the Philadelphia Inquirer story was published.

Titled “Patriot Games,” the letter’s content addresses the charge regarding the grenade found at his residence in a comment stating that it was planted there “by someone known to myself and to the FBI.” In denial of work for and also in denial of any desire to work for al-Qaeda, Reynolds wrote that “I know what losses terrorists inflict on people. I would never work to assist them or harbor any,” referring to his claim of a colleague being killed in the September 11 attacks on the Twin Towers.

In the letter Reynolds explains the investigation that he claims to have been working on to track “a person that I had believed to be a terrorist” and to expose them “once I had solid proof of who or where they operated from.”

Reynolds claims that his family founded Bedford Hills, New York in 1676. He further claims that he personally has given military service in the US Army, written a Military police handbook, trained SWAT and drug enforcement teams. He further claims to have been an engineer with military clearance and to have taught in Thailand as a first grade teacher and also an English teacher to Buddhist monks.

As an explanation for his prosecution, Reynolds has written that he believes it to have been due to his military service and that he believes the case would be dismissed provided a hearing in front of a judge.

When questioned as to the authenticity of the letter, prison warden Janine M. Donate said that the letter appeared to be from the prison.

Friday, March 10, 2006

Buffalo, New York —The Common Council of Buffalo voted on Tuesday to send the Elmwood Village Hotel proposal “to committee for further discussion”, after citing the need for more public involvement.

The Elmwood Village Hotel is a development proposal by the Savarino Construction Services Corporation, a project designed by the architect Karl Frizlen of The Frizlen Group. The hotel would be placed on the southeast corner of Elmwood and Forest Avenues in Buffalo.

To make way for the project, at least five buildings located at 1109 to 1121 Elmwood Ave would be demolished. At least two properties on Forest Avenue could also be demolished. The Elmwood properties, according to Eva Hassett, Vice President of Savarion Construction, are “under contract”, but it is unclear if Savarino Construction actually owns the Elmwood properties. Hans Mobius, a former mayorial candidate, is still believed to be the current owner the properties. Mobius also owns 607 Forest Avenue.

The properties 605 and 607 Forest Avenue could also be included in the proposal according to Hassett.

“We would use a Special Development Plan to rezone 1119-1121 Elmwood and 605 Forest to a C-2 zoning category,” stated Hassett. It is possible that Savarino Construction may try to obtain a variance for 605 Forest, which would allow them to enforce eminent domain, should the hotel be allowed to go forward.

The building at 607 Forest was also discussed to be rezoned, but it is unclear what the plans would be for that property. During the February 28 Common Council meeting, Hassett stated that the properties 605 and 607 were “now off the agenda”.

Pano Georgiadis, owner of Pano’s Restaurant at 1081 Elmwood, owns the property at 605 Forest and attended Tuesday’s Common Council meeting.

“Having a hotel is a bright idea. We all love the idea of a hotel, but the way that it is presented, is wishful thinking. This hotel does not fit. It’s like putting two gallons of water in a gallon jug, it does not fit. At the last meeting, the architect admitted that they are planning to put the undergound parking lot and the hotel, right at the property line. If I open my window, I will be able to touch the wall, that goes fifty feet high”, said Georgiadis.

“There is a problem having a seventy-two room hotel and fifty-five parking spaces. That means that all the other cars will spill all over the neighborhood. The footprint is simply too small. If you have a bigger [parking] lot, and a smaller hotel, I will welcome a hotel. I have a parking lot at my own business, and I am chasing people all day long. Remember, the city says it has ‘zero tolerance [for illegal parking]’. Try telling that to the guy from Albany who came to see his kids, that are going to Buffalo State, who would get tickets totaling over a hundred dollars”, added Georgiadis.

The city’s Planning Board is scheduled to meet on March 14, 2006 at 9:00 a.m. about the proposal. Although a discussion will take place, no vote is expected to be taken.

At the moment, none of the properties are zoned for a hotel. Savarino Construction plans on asking for a C2 zoning permit. If that does not work, they plan to implement a new zoning plan called a “special development plan” which would allow for only a hotel on the site. That zone would not be able to be changed.

“This [project] justifies Mobius’s refusal to invest in any maitenance^[sic] or improvements”, on the properties said Clarence Carnahan, a local resident. “Where were the Council persons over the years? Where were the city inspectors over the years, to make sure that he maintained and improved his properties? The government was supposed to be protecting, not being preditorial. I see a predatorial issue here when it comes to this hotel. Over the years: Why has the local government been disfunctional when it came to Mobius’s properties? Refusal to invest in improvements, doesn’t that sound like a slumlord? Maybe I am missing a point here, but what kind of messages does this send to other slumlords that havn’t^[sic] been jailed or fined? It’s [the hotel] trying to be pushed through.”

Carnahan also presented signs for residents and or business owners who are opposed to the hotel, that could be placed in windows or on stakes in the yard. Some of the signs said, ‘No tell hotel’, ‘Hans off, no hotel’, ‘It takes more than a hotel to make a village’. and ‘Keep Elmwood free, no hotel’. Carnahan plans on making more signs for a protest to be held on Saturday March 18, at 2:00 p.m. (EST) on Elmwood and Forest. Some signs were given to individuals after the meeting.

“First things first, Hans is the problem, and I don’t think it has been addressed. Let’s roll back the clock on this project. What can we do with Hans? There is such thing as eminent domain, which could be of greater interest to the community, to seize the property at its lowest assessed value”, said Nancy Pollina, co-owner of Don Apparel with Patty Morris at 1119 Elmwood. “There are so many ideas that have not been explored and we are about to give this parcel away, to a big developer.”

Mobius has not returned any calls by Wikinews regarding the situation.

A freelance journalist writing for Wikinews has obtained a letter, exclusively, addressed to one of the five business owners from Hans Mobius stating:

There is a proposal to develop my property which you are currently renting. Because of opposition to this development, it does not look like it will happen. I will let you know if there any changes.

Despite the letter, there have been no plans or decisions made to end the proposal.

To date, none of the business owners or residents of 1119-1121 Elmwood have received an eviction notice.

Business owners and residents gave an indication of what they would like to see happen at the corner; a project similar to one done locally last year. There, developers renovated two buildings on Auburn and Elmwood Avenues, merging the buildings into one thus allowing for more shop space. Among some of the shops to move in after the development were Cone Five Pottery, The Ruby Slipper, and Abraham’s Jewelers. Prior to the renovation work, the left building in the picture was boarded up for several years. Many of the concerned locals would like to see a similar development on Forest and Elmwood.

Rocco Termini, a developer in Buffalo, proposed a similar design at the February 28 community meeting

In an interview after the February 28 meeting, Termini stated, “I will be willing to take a look at this myself, or I would be more than happy to be partners with Sam, Sam Savarino”, who is President and Chief Executive Officer of Savarino Construction Services Corp.

So far Savarino Construction has no plans to team up with Termini.

Monday, April 25, 2005

Children who spend more time playing with other children are less likely to end up getting childhood cancers, a UK study published today in the British Medical Journal has found. The finding supports the researchers’ theory that reduced exposure to common infections in the first year of life increases the risk of developing acute lymphoblastic leukaemia (ALL).

A total of nearly 10,000 children took part in the study, located in 10 regions across the UK. Amount of time spent in daycare and social activity, during the first year of life, were used to gauge the level of exposure of the infants to common infections such as cold and flu.

Day care in the first year of life for at least two days a week, with at least three other kids, halved a child’s chance of contracting ALL. Those who were rated in the category “any social activity” still had an improvement over the children rated as “no social activity”: they had about 3/4 the chance of getting the disease.

The study describes that effect was “more striking” for acute lymphoblastic leukaemia — a cancer affecting blood and the immune system — than it was for the set of all other cancers. Increasing levels of activity saw decreasing chances of childhood cancers, when compared against children who during their first year had no regular social activity outside the home.

Theories have been around since the 1940s that childhood exposure to infection was related to the development of childhood leukaemia — one, like the working theory of the UK study, said that lack of immune challenge was a factor, another that leukaemia developed as a delayed result of some type of infection.

The research was conducted by the Institute of Cancer Research in London and in Sutton, London School of Hygiene and Tropical Medicine, University of York, Christie Hospital and Central Manchester and Manchester Children’s University Hospitals NHS Trusts, and the University of Edinburgh.

Wednesday, January 26, 2022

On Tuesday, the day preceding Australia Day, the Australian government announced it had purchased the copyright to the Australian Aboriginal Flag for A$20.05 million.

The flag, created by Luritja man Harold Thomas in 1970, represents the connection Aboriginal people have to the land. It was adopted as a national flag in 1995, however copyright remained with Thomas. The flag could not be used without his approval or compensation.

Australian Prime Minister Scott Morrison promised the flag would be treated in a comparable way to the national flag, which can be used by anyone so long as it is displayed in a “respectful and dignified way.”

Morrison promised: “All Australians can now put the Aboriginal Flag on apparel such as sports jerseys and shirts, it can be painted on sports grounds, included on websites, in paintings and other artworks, used digitally and in any other medium without having to ask for permission or pay a fee,”

“We’ve freed the Aboriginal Flag for Australians.”

Indigenous Affairs Minister Ken Wyatt said: “Over the last 50 years we made Harold Thomas’ artwork our own — we marched under the Aboriginal Flag, stood behind it, and flew it high as a point of pride,”

“Now that the Commonwealth holds the copyright, it belongs to everyone, and no-one can take it away.”

The commercial arrangements surrounding the flag were highlighted in 2019 after one of the clothing companies holding a licence for the flag, WAM Clothing, gave notices to the National Rugby League and Australian Football League, alleging jerseys worn at their Indigenous round infringed upon their copyright. At the time, Wyatt urged football fans to show their objections to the claim by clothing themselves in the flag. It is understood several other organisations were given similar notices.

Under the agreed deal, the government paid A$20.05 million to Thomas and licence holders to secure copyright and buy back the rights of licence holders. They have pledged to:

• transfer future royalties from commercial flag sales into a fund to support NAIDOC Week;
• establish a A$100 thousand scholarship in Thomas’ honour for Indigenous students to develop leadership skills;
• accept and display a painting by Thomas celebrating the flag’s 50th anniversary and the transfer of copyright;
• create a web portal for flag history and education.

Bangarang woman Geraldine Atkinson told Nine News she was “absolutely pleased” about the flag passing to the government, saying the news gave Indigenous Australians something to celebrate on Australia Day. Atkinson said: “When I read it, it was the first I’d heard about it, and I punched the air, I was so excited […] We’re not going to be celebrating the day, but we’re going to be celebrating our flag. We’re going to be celebrating that we can fly our flag, and wear it on our shirts.”

While Greens Senator Lidia Thorpe welcomed the news, she was wary about the deal, saying: “I’m concerned that the Commonwealth owns the copyright over our flag and what that means for the unceded sovereignty and the self-determination of our people […] We need to have genuine conversations about what it means for the Commonwealth to own the copyright of our flag and if any other models of community ownership were seriously considered. For the moment, this is a win.”

Labor Party Senator Malarndirri McCarthy said she would be scrutinising the deal during the Senate’s forthcoming budget estimates: “I look forward to scrutinising this deal and examining the details through Senate Estimates next month, in particular the copyright and custodianship of the flag”. McCarthy went on to state, “Scott Morrison and the Indigenous Affairs Minister need to also clarify where the money for this deal is coming from.”

Monday, December 24, 2007

Eight men and five Brookyln-based Spinka charitable organizations have been charged with tax fraud and money laundering. Six have been arrested, and two are still at large.

The men charged are Naftali Tzi Weisz, 59, a Grand Rabbi from Brooklyn; Gabbai Moseh E. Zigelman, 60, also from Brooklyn and Weisz’ assistant; Yaacov Zeivald, 43, of Valley Village; Yosef Nachum Naiman, 55, of Los Angeles; Alan Jay Friedman, 43, of Los Angeles; Joseph Roth, 66, an international accounts manager at a bank in Israel from Tel Aviv; diamond merchant Moshe Arie Lazar, 60; and Jacob Ivan Kantor, 71, an attorney from Tel Aviv. The first six were arrested last Wednesday, and four of them have been released on bail. The FBI believes Lazar to be in Israel. Kantor is also believed to be in Israel according to other reports.

The charitable organizations named as defendants in the charges are Yeshiva Imrei Yosef, Yeshivath Spinka, Central Rabbinical Seminary, Machne Sva Rotzohn, and Mesivta Imrei Yosef Spinka. The FBI alleges that these charities issued fraudulent receipts for bogus charitable contributions and were the beneficiaries of fees charged for transfers of funds as part of a money laundering conspiracy.

By a 37-count grand jury indictment that was unsealed on Wednesday morning, Weisz and Zigelman are charged with one count of conspiracy to defraud the Internal Revenue Service and other crimes, 19 counts of mail fraud, one money laundering conspiracy count, 11 counts of international money laundering, and one count of operating an illegal money remitting business. Zigelman is in addition charged with two counts of aiding in the preparation of fraudulent income tax returns. Zeivald, Lazar, Naiman, and Friedman are charged in the main conspiracy count and with operating an illegal money remitting business. Zeivald is in addition charged with one count of mail fraud. Roth is charged in both conspiracy counts; several mail fraud counts; and several international money laundering counts. Kantor is charged in both of the conspiracy counts and several international money laundering counts.

The charges laid are that over a period of 10 years the conspirators solicited USD8.7 million in contributions to these charitable organizations, promising to secretly refund to the donors up to 95%, allowing the donors to claim the full amounts of the donations as tax deductions on their federal income tax returns. According to the FBI, this was done in two ways: Some donors received cash payments through an underground money transfer network involving Zeivald, Naiman, Friedman, and Lazar, some of whom operated businesses in and around the Los Angeles jewelry district. Other donors were reimbursed via loans made from the United States branch of an Israeli bank, organized by Roth and Kantor and secured on funds secretly held in that bank in Israel, to which the donations had been sent via wire transfer.

Several of the Brooklyn charitable organizations are schools. One such is Yeshiva Imrei Yosef, a private Orthodox Jewish school for boys in grades PK–12 with 312 students, which is one of 5000 such organizations approved for charitable donations by the Jewish Community Endowment Fund of the Jewish Community Federation of San Francisco. The Jewish Journal of Greater Los Angeles draws a parallel between these charges and the creation of bogus schools in the case of New Square, quoting Jonathan Sarna, a professor of American Jewish history at Brandeis University, as saying “I think that in Eastern Europe, especially where corruption was rampant, it was very common for Jews to engage in, shall we say, ‘extra-legal activities’ when they believed they were doing so not for their personal gain but for the good of the community or for some higher purpose.”

His observation is that defrauding a corrupt government is part of the culture that has sometimes been carried in to the United States, and that people justify it when they believe that the money is going towards Jewish education. “I think the idea is that Jewish education is so important and so expensive and the folks say to themselves, ‘we’re forced to pay for public education which we don’t use’, and they manage to sometimes justify in their own minds these kinds of activities that are for the sake of a holy end.”

Sarna states that violating the law is not condoned by Jewish communities in the U.S., a sentiment that has been echoed in reactions from the Los Angeles Jewish community, such as that by Rabbi Meyer H. May, president of the Rabbinical Council of California: “One thing is clear: The Orthodox community deplores any attempt to defraud the government of the United States, and there is no excuse for it, and there’s no rationalizations that are acceptable. […] It’s against the Torah and it’s against our moral foundation. At the same time, regarding these specific individuals, they should be allowed to have a fair trial, as everyone is innocent until proven guilty.”

The FBI’s press release contains a similar reminder of the presumption of innocence.

Calls by the New York Times were unable to obtain any comments on the case from the defendants.

[edit]

Sunday, February 22, 2009

A U.S. Court of Appeals on Friday has declared unconstitutional California Assembly Bills 1792 & 1793, the California “ultraviolent video games law” that sought to ban the sale or rental of violent video games to minors.

Federal judge Consuelo M. Callahan has ruled that the 2005 statewide ban, which has yet to be enforced, violates minors’ rights under the US Constitution’s First and 14th amendment because even the most graphic on-screen mayhem, video game content represents free speech that cannot be censored without proper justification.

The Court has ruled that there’s no convincing evidence it causes psychological damage to young people. The 3-0 judgment has affirmed an earlier ruling by a U.S. District Court, which barred enforcement of the law on the basis that it was “unduly restrictive” and “used overly broad definitions,” and that the state failed to show that the limitations on violent video games would actually protect children.

In 2005, Leland Yee (???), a California State Senator (in District 8 which includes the western half of San Francisco and most of San Mateo County), Speaker pro Tempore of the Assembly (D-San Francisco/Daly City), introduced California Assembly Bills 1792 & 1793 which barred “ultra-violent” video games from minors under the age of eighteen in California and mandated the application of ESRB ratings for video games.

“California Assembly Bills 1792 & 1793” were commonly called the “ultraviolent video games bills” or simply “video game ban” bills. Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold. Both bills were passed by the Assembly and signed by Governor Arnold Schwarzenegger into law (AB 1179) on October 7, 2005.

Explicitly, these two bills provided that:

• AB 1792 will place ultra-violent video games into the “matter” portion of the penal code, which criminalizes the sale of said material to a minor.

• AB 1793 will require retailers to place M-rated games separate from other games intended for children, and will also require retailers to display signage explaining the ESRB rating system.

Yee, a former child psychologist has publicly criticized such games as Grand Theft Auto: San Andreas and Manhunt 2, and opposes the U.S. Army’s Global Gaming League.

On October 17, 2005, before the effectivity of the challenged Act, plaintiffs Video Software Dealers Association, the not-for-profit international trade association dedicated to advancing the interests of the $32 billion home entertainment industry and Entertainment Software Association, a 1994 US trade association of the video game industry have filed lawsuit (D.C. No. CV-05-04188-RMW) against the defendants Governor Arnold Schwarzenegger, CA Attorney General, Edmund G. Brown, Santa Clara County District Attorney George Kennedy, City Attorney for the City of San Jose, Richard Doyle, and County Counsel for the County of Santa Clara, Ann Miller Ravel.

Plaintiffs’ counsel, Jenner & Block’s Paul M. Smith has filed a declaratory relief to invalidate the newly-enacted California Civil Code sections 1746-1746.5 (the “Act”), on the grounds that it allegedly violated 42 U.S.C. § 1983 and the First and Fourteenth Amendments.

Plaintiffs have submitted that “the Act unconstitutionally curtailed freedom of expression on its face based on content regulation and the labeling requirement, was unconstitutionally vague, and violated equal protection. California’s restrictions could open the door for states to limit minors’ access to other material under the guise of protecting children.”

By December 2005, both bills had been struck down as unconstitutional, by Ronald M. Whyte, District Judge, Presiding in the United States District Court for the Northern District of California in San Jose, thereby preventing either from going into effect on January 1, 2006.

Judge Whyte has granted plaintiffs’ motion for a preliminary injunction in “Video Software Dealers Ass’n v. Schwarzenegger,” 401 F. Supp. 2d 1034 (N.D. Cal. 2005), and cross-motions for summary judgment, in “Video Software Dealers Ass’n v. Schwarzenegger,” No. C-05-04188, slip op. (N.D. Cal. Aug. 6, 2007).

Similar bills were subsequently filed in such states as Illinois, Oklahoma, Minnesota, Michigan and Louisiana have been ruled to be unconstitutional by federal courts on First Amendment grounds, according to Sean Bersell, a spokesman for the Entertainment Merchants Association.

The defendants, in the instant Case No. 07-16620, have timely appealed the judgment. On October 29, 2008, the appealed case was argued and submitted to the Sacramento, California’s U.S. Court of Appeals, hence, the promulgation of the instant 30 pages decision (No. 07-16620; D.C. No. CV-05-04188-RMW) by Alex Kozinski, Chief Judge, Sidney R. Thomas and Consuelo M. Callahan (who wrote the court’s opinion), United States Court of Appeals for the Ninth Circuit Judges.

In the ban’s defense, Deputy Attorney General for the State of California, Zackery Morazzini has contended that “if governments restrict the sale of pornography to minors, it should also create a separate category for ultra-violent video games.” Edmund Gerald “Jerry” Brown, Jr., California Attorney General, has also argued that “the Court should analyze the Act’s restrictions under what has been called the ‘variable obscenity’ or ‘obscenity as to minors’ standard first mentioned in Ginsberg, 390 U.S. 629. The Court’s reasoning in Ginsberg that a state could prohibit the sale of sexually-explicit material to minors that it could not ban from distribution to adults should be extended to materials containing violence.”

The “Fallo” or dispositive portion of the judgment in question goes as follows:

“We need to help empower parents with the ultimate decision over whether or not their children play in a world of violence and murder,” said the law’s author, Sen. Leland Yee, announcing he wanted Edmund Gerald “Jerry” Brown, Jr., the current Attorney General and a former governor of the State of California, to appeal the decision to the U.S. Supreme Court.

“Letting the industry police itself is like letting kids sign their own report cards and that a self regulating system simply doesn’t work. I’ve always contended that the … law the governor signed was a good one for protecting children from the harm from playing these ultra-violent video games. I’ve always felt it would end up in the Supreme Court,” Sen. Yee explained. “In fact, the high court recently agreed, in Roper v. Simmons (2005), that we need to treat children differently in the eyes of the law due to brain development,” he added.

According to Michael D. Gallagher, president of the Entertainment Software Association, plaintiff, the Court’s ruling has stressed that parents, with assistance from the industry, are the ones who should control what games their children play. “This is a clear signal that in California and across the country, the reckless pursuit of anti-video game legislation like this is an exercise in wasting taxpayer money, government time and state resources,” Gallagher said in a statement.

Entertainment Software Association members include Disney Interactive Studios, Electronic Arts, Microsoft Corp, THQ Inc, Sony Computer Entertainment America, and Take-Two Interactive Software, the maker of “Grand Theft Auto” games.

Judge Callahan has also reprimanded state lawyers for having failed to show any reasonable alternatives to an outright statewide ban against the ultra-violent video games. “Ratings education, retailer ratings enforcement, and control of game play by parents are the appropriate responses to concerns about video game content,” said Bo Andersen, president and chief executive of the Entertainment Merchants Association.

Andersen continues, “retailers are committed to assisting parents in assuring that children do not purchase games that are not appropriate for their age. Independent surveys show that retailers are doing a very good job in this area, with an 80 percent enforcement rate, and retailers will continue to work to increase enforcement rates even further; the court has correctly noted that the state cannot simply dismiss these efforts.”

California was already forced to pay $282,794 to the ESA for attorneys’ fees, money that would’ve helped with the state’s current budget difficulties. Andersen has urged California government officials not to appeal the case. “The estimated $283,000 in taxpayer money spent by the state on this case is so far an ‘ill-advised, and ultimately doomed, attempt at state-sponsored nannyism.’ A voluntary ratings system already exists to avoid the state-sponsored nannyism of a ban,” he explained.

“The governor believes strongly we have a responsibility to our children and our communities to protect against the effects of video games depicting ultra-violent actions,” said Governor Schwarzenegger spokeswoman Camille Anderson adding the governor was reviewing Friday’s decision.

Deputy Attorney General Zackery Morazzini, the state’s counsel in the appealed case, has stressed that “a law restricting sales of violent games is far more effective than industry self-policing, since the technological controls that the court cited as another alternative can be easily bypassed by any kid with an Internet connection.”

According to Jim Steyer, Founder of Common Sense Media, a non-profit organization of 750,000 regular users dedicated to improving children’s media lives, researches have shown that playing these violent video games are detrimental for kids mental and physical health. “The health threat involved with kids playing such games is equivalent to smoking cigarettes,” Steyer said. “These violent video games are learning tools for our children and clearly result in more aggressive behavior,” said Randall Hagar, California Psychiatric Association’s Director of Government Affairs.

The Federal Trade Commission’s data reveals that “nearly 70 percent of thirteen to sixteen year olds are able to purchase M-rated (Mature) video games, which are designed for adults; ninety-two percent of children play video or computer games, of which about forty percent are rated M, which are the fastest growing segment of the 10 billion-dollar video game industry; the top selling games reward players for killing police officers, maiming elderly persons, running over pedestrians and committing despicable acts of murder and torture upon women and racial minorities.”