Archive for the ‘Law’ Category

Quick flaming hyenas update.

Thursday, January 4th, 2024

Mike the Musicologist sent me a text the other day mentioning that there’s a superseding indictment against Democratic Senator Robert “Buffalo Bob” Menendez.

This seems like reason enough to link the NYT: “What We Know About the Menendez Bribery Case”.

Crazy horse people update.

Tuesday, January 2nd, 2024

Crazy horse woman took a plea.

Tatyana Remley, 43, pleaded guilty on Thursday to a count of solicitation to commit murder stemming from an attempt to hire a person to kill her husband, Mark Remley. She also pleaded guilty to having a loaded, concealed gun that wasn’t registered to her, according to the San Diego County District Attorney’s Office.

As part of the plea, she’s taken a stipulated sentence of three years and eight months, but it isn’t clear to me if she has a chance at parole or some other form of early release.

Go big or go home.

Friday, December 8th, 2023

I have written advice to those with a crooked bent before. I don’t advocate stealing or other criminal activity, but if you’re going to do it, steal big. Don’t throw away your life for some candy bars or a case of scotch. Steal enough money so you can live out the rest of your life comfortably in a country with no extradition treaty with the United States.

Two recent examples of people who followed this advice:

Amit Patel is a former office employee with the Jacksonville Jaguars. He was fired in February, and was charged this week with embezzling $22,221,454.40 from the team.

The filing alleges that Patel became the sole administrator in October 2019 of the Jaguars’ VCC program, which is a payment method that functions like a traditional credit card account but without a physical credit card. Certain employees were allowed to use the VCC program for business-related purchases and expenses. Patel is accused of duplicating legitimate expenses in an electronic ledger, inflating amounts of legitimate transactions and entering fictitious transactions, and then using the money for personal purchases.

Those personal purchases allegedly include “a condominium in Ponte Vedra Beach, a Tesla Model 3 sedan, cryptocurrency, chartering private jets, luxury hotel stays, a country club membership and luxury wrist watches.”

While Mr. Patel is, of course, innocent until proven guilty in a court of law, his attorney says he has a gambling addiction and was betting at FanDuel and DraftKings.

“approximately 99% of the misappropriated funds” were related to gambling losses.

By the way, NFL policy prohibits team employees from sports betting. I think NFL policy also prohibits embezzling $22 million from your team, but I don’t have a pointer to that section of the policy.

(Hattip to Lawrence on this, though I’m using a different link.)

Janet Yamanaka Mello was a civilian employee of the United States Army, working at Fort Sam Houston (down in San Antonio). She’s been charged with embezzling $100 million from the military 4-H program.

The alleged scheme took place while Mello worked for the Army as a civilian financial program manager at Fort Sam Houston. As part of her job, Mello determined whether 4-H Military Partnership Grant program funds were available for organizations that applied. Her supervisor would approve the funding award which she would sign off on and send to the Defense Financial Accounting Service. The service would cut and mail a check to the appropriate organization.
As part of Mello’s alleged scheme, she directed the funds to be sent to a UPS Store mailbox near San Antonio which she rented. Mello allegedly deposited the check into her own bank account.

Again, Ms. Mello is innocent until proven guilty in a court of law.

Obit watch: December 1, 2023.

Friday, December 1st, 2023

Sandra Day O’Connor, a good El Paso girl (thanks, Rich!). WP.

You know who writes really good obits? Murray Newman writes really good obits, thought it probably helps that his obits are for people he knew personally. Anyway, he put up another excellent one for former Harris County DA Chuck Rosenthal, who passed away November 23rd. I have not seen this reported elsewhere.

The Remington plant in Ilion, New York. My brother forwarded some tweets yesterday, and Mike the Musicologist found press coverage, but I prefer the Outdoor Life link.

The Ilion plant had been making guns since 1828. I have seen references (but can’t back them up) to this being the oldest continuously operating manufacturing plant making the same product in the United States. At the time of the announcement, they were making the Remington 870 shotgun and the Model 700 bolt-action rifle.

Remington (well, the new “RemArms, LLC”, which is one of the parts that emerged from bankruptcy) is moving all of their production to their new facilities in Georgia, and plans to shut down the plant in March of next year. However, the tweets my brother sent over were from people who said they’d already been laid off.

Frankly, this doesn’t surprise me, though I feel bad for the people who get fired right before Christmas. (Been there, done that, got the t-shirt.) New York is consistently hostile to firearms, so moving everything out of there seems like a good decision. It also sounds like a lot of the equipment is old and needs replacement or refurbishment. I’m surprised that they apparently aren’t offering Ilion employees jobs and relocation allowances to move to Georgia, but the linked article says the employees were represented by the United Mine Workers of America. That could have been another factor: move to Georgia and get cheap non-union labor. (Hi, Lawrence!)

It should be interesting to watch this play out. I’m wondering if Remington also plans to move their museum to Georgia as well.

What to do? What. To. Do?

Friday, November 17th, 2023

I could do three, maybe four, very short posts covering and updating about various news items.

Or I could do one post hitting all of those items, even though it wouldn’t be as organized as doing multiple posts. But it’d just be one post, and maybe slightly more substantial. So one post it is.

Obit watch: A.S. Byatt, noted British author (Possession).

George Brown, drummer for Kool & the Gang.

Non-flaming non-hyenas watch: Mike the Musicologist sent over a link (but I’m using the Post‘s instead) stating that the gun charges against NYC Councilwoman Inna Vernikov are going to be dropped. Turns out that her gun was unloaded and also missing the recoil spring assembly, so it couldn’t be fired.

“In order to sustain this charge, it must be proven beyond a reasonable doubt that the weapon in question was capable of firing bullets,” Brooklyn DA spokesman Oren Yaniv said in a statement. “Absent such proof, we have no choice but to dismiss these charges.”

This actually makes me feel less sympathetic to her. It seems like she was carrying the gun as a prop, not because she felt a need for protection. And that doesn’t strike me as being very smart.

Firings watch: Chris Partridge, linebackers coach at the University of Michigan. This does seem to be tied to the ongoing scandal.

There are somewhat more than hints in that article and this one that UMich has found out some things about what’s been going on that are causing tsuris.

Sources told ESPN that university leadership this week has shifted its tone from the stern rebuke of the league’s sanctions to a growing acceptance that the football program may be dealing with significant NCAA infractions that could include a failure to properly monitor the program on Harbaugh’s part.

Obit watch: November 14, 2023.

Tuesday, November 14th, 2023

Michael Bishop, one of the great SF writers of our day. Lawrence sent over a Facebook link from Asimov’s, and Michael Swanwick has a very nice obit on his blog.

I had the privilege of meeting Mr. Bishop in person twice, once at a signing in Houston and the other at an Armadillocon (back in the day when I was still going to those). He always treated me with a great deal of kindness, which surprised me. But I guess it shouldn’t have: the word everyone seems to use when describing Mr. Bishop is “kind”. I think I made him smile when I brought breakfast tacos for an 8 AM Sunday morning science fiction poetry panel.

I didn’t know (as Mr. Swanwick points out) that he was a “sincere Christian”. We never got to the point where we talked about religion. But I think I’m going to ask my people to say a prayer for the repose of his soul Sunday morning. He was a good man. I liked his writing, and his passing leaves a hole in the world.

Officer Jorge Pastore of the Austin Police Department. He was killed during a SWAT standoff Saturday morning. Two apparent hostages and the suspected shooter also died in the incident.

Pastore’s passing was one of three deaths in total for the Austin Police Department over the weekend.
Two other officers died in separate incidents, one retired officer in a car crash and another officer died by suicide.

Peter Seidler, chairman and controlling owner of the San Diego Padres.

You’re going down in flames, you tax-fattened hyena! (#112 in a series)

Friday, November 10th, 2023

Still on the road, with limited time to blog, but: Marilyn Mosby convicted of two counts of perjury. (Previously.)

In the indictment, prosecutors accused Ms. Mosby of falsely claiming financial hardship tied to the coronavirus pandemic to withdraw money from her city retirement account. While typically a person cannot withdraw money from this type of account until retirement, the CARES Act permitted withdrawals for “adverse financial consequences” tied to the pandemic, such as the loss of a job or reduced work hours.
In 2020, Ms. Mosby requested funds totaling $90,000 from her retirement account, indicating on federal forms that she had been facing financial hardship. But government prosecutors said that Ms. Mosby was not eligible for the disbursements. Instead, payroll documents showed that, in her job as Baltimore City state’s attorney, Ms. Mosby continued to collect an annual salary of nearly $250,000 during the pandemic and had no reduction of her work hours. Prosecutors said that Ms. Mosby used the money to fund down payments for vacation homes in Florida.

She’s facing a second trial on fraud charges related to statements in the mortgage loan applications for the vacation homes.

Obit watch: October 26, 2023.

Thursday, October 26th, 2023

I’m not a big fan of posting obits for children of celebrities just because of their relationship. Generally, when I post one, the person has to be interesting for some other reason.

Rock Brynner, whose life as a road manager for the Band, bodyguard for Muhammad Ali, farmer, pilot, street performer, novelist and professor of constitutional history overshadowed what, for a lesser mortal, might be a more than sufficient laurel on which to rest — he was the son of the actor Yul Brynner — died on Oct. 13 in Salisbury, Conn. He was 76.

I think that qualifies. Also, someone close to me called out the paper of record’s use of the word “peripatetic“. I personally think that’s a perfectly cromulent word, and, much like “gargantuan“, is one that I rarely have an opportunity to use in a sentence.

Murray Newman has a very nice obit up for Skip Cornelius:

From his fellow members of the Defense Bar to the Prosecutors who handled cases against him to pretty much all of the Judges he practiced before, Skip was the Gold Standard of what it meant to be a lawyer practicing indigent defense.

…

He was so good at everything he did and he was so good in trial. As news of his passing spread, former prosecutors shared stories of their whale cases against Skip where he somehow kept the juries out for hours and hours. His name rarely made the news but he was most definitely the lawyer that all of the other lawyers knew and respected. He was a subtle, but commanding presence in the courtroom. He was serious but also had an outstanding dry sense of humor. He was confident and steady in all of his cases and there wasn’t a prosecutor born that rattled him.

Obit watch: October 23, 2023.

Monday, October 23rd, 2023

Bobby Charlton, English soccer player. He was 86.

Charlton was famed for his bullet shot and his relentless goal scoring, even though he did not play as a traditional striker. He was England’s top scorer, with 49 goals, for 45 years until Wayne Rooney beat the mark in September 2015. Charlton was also Manchester United’s top scorer for decades, with 249 goals in 758 appearances over 17 years, until Rooney surpassed that figure, too, in January 2017.

Worthy of note: he was also a survivor of the 1958 Manchester United plane crash.

Elaine Devry, actress. Other credits include “Project U.F.O.”, “The Boy Who Cried Werewolf”, “Cannon”, and three appearances on the 1960s “Dragnet”.

Vincent Asaro, mobster. Readers of this blog with an excellent memory may recall that he was charged in the 1978 Lufthansa robbery…and was acquitted in 2015. However, he was convicted in 2017 of having a guy’s car set on fire. He got eight years for that, but was released in 2020 for “health reasons”.

You’re going down in flames, you tax-fattened hyena! (#111 in a series. Also, random gun crankery.)

Saturday, October 21st, 2023

There is no joy in this one.

Larry Vickers pled guilty to federal firearm charges yesterday.

“But,” you say, “Larry Vickers isn’t a political figure.” Right you are, Bob.

Mr. Vickers was charged with four other men: Sean Sullivan, James Tafoya, Matthew Hall, and James Sawyer. Mr. Hall was the chief of police in Coats, North Carolina, and Mr. Sawter was the chief of police of Ray, North Dakota. This is where the flaming hyenas come in.

Sullivan was the owner and operator of Trident, LLC, located in Gambrills, Maryland, and was also an Intelligence Analyst with the Department of Homeland Security Investigations.

He was a Fed?! I know, I know, quel fromage! But really?

Sullivan and Trident were Federal Firearms Licensees (“FFLs”) and Special Occupational Taxpayers (“SOTs”), which allowed them, in certain circumstances, to possess, import, manufacture, and deal in fully automatic firearms (machineguns) and other regulated firearms. Tafoya and Vickers owned and operated firearms related businesses in New Mexico and North Carolina and were also FFLs and SOTs.

Allegedly, all of these guys came up with a really clever scheme.

The indictment alleges that, beginning in at least June 2018 through at least March 2021, the defendants conspired to acquire machineguns and/or other restricted firearms, such as short-barreled rifles, by falsely representing that the firearms would be used for demonstration to law enforcement agencies, including the Coats Police Department and the Ray Police Department. The indictment further alleges that Hall, Sawyer, and other conspirators signed law letters with no expectation that the weapons would ever be demonstrated to their respective law enforcement agencies.
The defendants allegedly intended to impermissibly import into the United States and resell the machineguns and other firearms for profit or to keep for their own use and enjoyment. Sullivan allegedly submitted the false law letters to the ATF seeking to import the machineguns and other restricted weapons. Once the firearms were received, Sullivan allegedly kept some of the machineguns and other restricted weapons and transferred some of the weapons to Vickers, Tafoya, and other conspirators.

Now, everyone else hasn’t gone to trial, and should be considered innocent until proven guilty in a court of law.

In addition to the indictment, Larry Vickers pleaded guilty yesterday to participating in the conspiracy to import and obtain machineguns and other restricted firearms and admitted that he received some of the imported machineguns and other weapons. As detailed in his plea agreement, Vickers kept some of the machineguns and other restricted weapons in his personal collection and transferred other machineguns and restricted weapons to other FFLs and third parties. Vickers also pleaded guilty to a conspiracy to violate U.S. sanctions against a foreign firearms manufacturer between July 2014 and March 2021, in the Southern District of Florida.

So just not illegal import of restricted firearms, but also sanction violations. “Between July 2014 and March 2021” makes me wonder who the sanctions violations were against.

I haven’t seen any coverage of this anywhere, including the usual gun blogs. The only reason I know about it is that Mike the Musicologist sent me a link to the Justice Department press release. I feel kind of bad for Mr. Vickers, who also was dealing with cancer a while back. But this doesn’t sound like BATFE “paperwork” violations. This sounds like a pretty serious conspiracy to illegally import restricted weapons under cover of the law enforcement exemption.

While I object to the idea that what these people did should be against the law, the fact remains that it is, and they apparently (“all suspects” etc) tried to camouflage it as “only ones”. You know, “we’re the only ones competent enough to have full-auto weapons. We’re the only ones competent enough to carry a Glock.”

That, I do resent.

Obit watch: October 15, 2023.

Sunday, October 15th, 2023

I’m aware of Suzanne Somers, but all the obits I’ve seen so far have been preliminary. I think I’ll wait until tomorrow on this one.

Piper Laurie. THR.

Other credits include two episodes of the 1985-1986 “Twilight Zone” revival, “The Bunker”, “The Eleventh Hour” and “Breaking Point” (both of which I was just recently reading about, and which I would love to see on home video), and three episodes of “St. Elsewhere”.

Colette Rossant, cookbook author and popularizer of French food. She may have been a bit obscure for most of you: I know of her because she was a great friend of Calvin Trillin, and he wrote about her multiple times in “The Tummy Trilogy”.

In a 1981 article in The Times with the headline “The Inspirations of a Global Cook,” Craig Claiborne, the newspaper’s august food critic, wrote that he “found it impossible to refuse an invitation to a Rossant meal, which turned out to be a feast,” including a blend of fresh and smoked salmon christened with rillettes of fish as an appetizer, a roast of veal “cooked to a savory state in milk” and other delicacies.
Mr. Claiborne noted that Mr. Trillin, the celebrated author, humorist and food writer, had once written that whenever he was invited to dine at Ms. Rossant’s, his wife, Alice, was “forced to grab me by the jacket two or three times to keep me from breaking into a steady, uncharacteristic trot.”

Tommy Gambino, of Gambino family fame.

He was the nephew of “Big Paul” Castellano, who succeeded Carlo as the head of the family but was rubbed out in 1985 on the orders of eventual Gambino godfather John Gotti.
Tommy Gambino arrived at Sparks Steakhouse on East 46th Street just moments after Castellano and his driver, Tommy Bilotti, were gunned down outside the eatery.
Tommy Gambino, once described as the a “quintessential Mafia prince of New York City,” was convicted in 1993 of two counts of racketeering and racketeering conspiracy for controlling gambling and loan sharking operations in Connecticut.
He served in federal prison from 1996 to 2000.
The prosecution’s evidence in his trial included secretly recorded conversations with Mafia turncoat Salvatore “Sammy the Bull” Gravano.

Perhaps you’re NOT going down in flames. Also, while you may be tax-fattened, hyena might be a stretch.

Friday, October 13th, 2023

Mike the Musicologist sent this over to me, asking if it counted as flames. I told him I thought it was worth noting, but didn’t think it was a flaming hyena. To which MtM responded “It’s your publication. You make the call.”

Inna Vernikov is a councilwoman from Brooklyn. She’s a Republican from a “conservative” district. She’s also Jewish. And she has a concealed carry permit.

Councilwoman Vernikov went to a “pro-Palestinian rally” at Brooklyn College yesterday.

Councilwoman Vernikov was carrying a “Smith & Wesson 9-millimeter pistol”.

She was “observing a pro-Palestine protest” when she was seen with the butt end of a firearm “protruding from the front portion of her pants”…

She couldn’t afford a decent IWB holster?

Cutting to the chase, the councilwoman has been charged with “criminal possession of a firearm”.

You see, even though she had a concealed carry permit, it seems like:

1. Being seen with the butt of the gun protruding from her pants isn’t “concealed carry”.

2. Quoth the tabloid of record, “Although Vernikov has a concealed carry permit, it is illegal in New York state to have a firearm at sensitive locations such as protests or school grounds.”

So why no flaming hyena? I question her judgement in not using a good, discreet holster. I halfway want to question her judgement in going to the rally armed in the first place (“Avoid stupid people in stupid places doing stupid things”) but she may have felt obligated to as a politican, and may have felt she needed to be armed for her protection.

And: I Am Not A Lawyer, But: I think the ban on having firearms at “sensitive locations” is very likely to get overturned if it ever goes to the appellate level. And as I’ve said before, it’s hard for me to sling imprecations at someone who’s committing a crime that I don’t believe should be a crime.

Biz news.

Friday, October 6th, 2023

I thought this was a mildly interesting business story, mostly because it starts out in one direction and then goes in another.

Molekule Group has filed for Chapter 11 bankruptcy.

Molekule made (makes?) air purifiers. I remember a time when they advertised pretty heavily on some of the podcasts I listened to.

The claimed reason for bankruptcy seems to be wanting to get out of their office lease, because San Francisco.

Molekule started a seven-year lease spanning the entirety of the building in February 2019. The monthly base rent began at $209,231 with an annual 3% increase.
The bankruptcy petition alleges that the company abandoned its headquarters in May “out of concern for its employees’ safety” and attempted to negotiate with its landlord to terminate the lease.
“San Francisco’s homeless crisis created a dangerous environment around the SF Headquarters, especially in the area between the SF Headquarters and the nearest public transit stop,” Tyler stated in his declaration.

Except:

But three former Molekule employees who spoke on the condition of anonymity said the safety situation described in the filings was an exaggeration. Although there were issues with cleanliness around the office location, the former employees don’t remember safety being a primary concern while they worked there.

…

According to the former employees, the office was only intermittently used after March 2020, and far from dissuading workers because of safety concerns, Molekule attempted to draw people in by installing a pingpong table and touting the effectiveness of its products in keeping the office clean and safe.

…

One of the other factors in the company’s bankruptcy listed in its legal filing was a fractured partnership with Aura Smart Air, an Israeli air purifier company.
Aura’s failure to submit source code for a product known as Molekule 360 Hub led to the product’s suspension shortly after its launch and “severely impacted the Debtors’ revenue and growth strategy,” according to the bankruptcy filing.

What gets glossed over in the coverage: Molekule was a scam.

Wirecutter (back in the day when they were decent) called their products “Some of the worst air purifiers we’ve ever tested“. Molekule was forced to withdraw almost all of their advertising claims. Consumer Reports panned it.

How big a scam was it? Big enough that at least one of those podcasts went back and removed the ads, and any mention that Molekule was ever a sponsor, from their feed. There was at least one class action lawsuit which appears to have been settled.

So, yeah, at the very least, this looks like a dodge by a troubled company to get out of their lease by blaming San Francisco’s problems, not a legit example of the Bay Area’s ineffective government.

Obit watch: September 29, 2023.

Friday, September 29th, 2023

Dianne Feinstein. NYT. LAT. WP.

NYT obit for Michael Gambon.

This doesn’t quite qualify as an obit, but I don’t have any place else to put it (other than a separate entry, which I’d rather not do) and I feel like it is close enough for government work. The Las Vegas Police department has made an arrest in a 27-year old cold case.

Las Vegas police have arrested a man in the deadly 1996 drive-by shooting of Tupac Shakur, a long-awaited break in a case that has frustrated investigators and fascinated the public ever since the hip-hop icon was gunned down on the Las Vegas Strip 27 years ago.

But:

…the exact charge or charges were not immediately clear, according to two officials with first-hand knowledge of the arrest. They were not authorized to speak publicly ahead of an expected indictment later Friday.

The other point that I think should be made: an arrest is one thing. A conviction is another. More from the tabloid of record.

Edited to add: A two-pack (see what I did there?) of additional coverage from the NYT and the LAT.

“Dwight, shouldn’t you be linking to the actual Las Vegas newspapers?” Well, yes, except: the Las Vegas newspapers are generally not great. Though they have had some good columnists working for them in the past…but for the record, here’s the Review-Journal coverage.

Also not quite an obit, but within this blog’s area of coverage:

The husband of Democratic Rep. Mary Peltola was ferrying more than 500 pounds of moose and antlers from a remote hunting camp in Alaska when his small plane crashed shortly after takeoff earlier this month, officials said.

This is just a very preliminary report from the NTSB: we probably won’t get the full report for two years or more. And no, I’m not noting it because moose. RoadRich can argue with me in the comments if he knows more, but I believe this is one of the biggest killers of pilots out there, especially pilots of small aircraft: trying to take off with an overloaded aircraft, or an aircraft out of balance.

“The meat was strapped into the rear passenger seat area with both the seatbelt and rope and was loaded into the airplane’s belly pod, which did not have tie-down provisions,” the NTSB said.

You’re going down in flames, you tax-fattened hyena! (#110 in a series)

Thursday, September 28th, 2023

This isn’t a normal flaming hyenas watch, as the subject isn’t quite a politician. But I think the exceptional circumstances justify this.

Jose Torres used to be a politician. At one point in his life, he was the mayor of Patterson, New Jersey. Fortunately, he was convicted of using city workers and city money to renovate a warehouse being leased by his daughter and nephew.

The workers’ labor was marked as overtime and paid for by Paterson’s taxpayers — a move that landed Torres in front of a judge, who later sentenced him to five years in state prison.

He spent 13 months in the joint. But that’s not why he’s a flaming hyena.

After the plea, Torres agreed to a forfeiture order that banned him from ever holding public office or employment in the Garden State. If he broke the agreement, he’d face a contempt charge.

Would you like to guess what happened next?

If you guessed “he tried to run for office again” take two gold stars and advance to the next blue square. Last year, he filed to run for mayor.

But it gets better.

When the Paterson city clerk rejected his petition, Torres sued, according to a statement from state Attorney General Matthew Platkin.

Yes! Not only did he try to violate the order, he actually sued when he was told he was violating the order.

Mr. Torres is now facing a criminal contempt of court charge.

“It takes remarkable brashness to flout a state court order and then attempt to strong-arm the city clerk, via civil litigation, into allowing an impermissible campaign to proceed,” [State Attorney General Matthew] Platkin said.
“That is bold. And, according to the grand jury, it is also indictable.”

I’m not sure “brashness” is the word I’d use. I think I’d call it “stupidity”. But oddly, it’s only the second most stupid thing I’ve seen this week.

(I’m still trying to decide if I want to link to the most stupid thing I’ve seen this week. It does relate to some of this blog’s areas of coverage – cocaine and aircraft. But the details are pretty R-rated, and I actually sort of feel bad for the subject.)