Archive for the ‘Law’ Category

Obit watch: January 24, 2019.

Thursday, January 24th, 2019

Mary Boyd Higgins, trustee of the Wilhelm Reich estate and legacy.

When she was appointed trustee, in March 1959, Ms. Higgins had her work cut out for her.
She quickly discovered that most of Dr. Reich’s personal papers, which he had wanted sealed for 50 years before anyone could see them, had been stolen; she had to start litigation to retrieve them. He wanted his Maine property turned into a museum; she would need to become an expert in museum design. She also studied copyright law in seeking to have his books republished.

I wasn’t originally going to post this, but then it occurred to me that this obit gives me a flimsy excuse to embed this video:

You’re going down in flames, you tax-fattened hyena! (#52 in a series)

Tuesday, January 8th, 2019

I don’t mean to seem lazy, but I can’t put it much better than Reason‘s “Hit and Run” did:

Chicago Alderman and Notorious Nanny-Stater Ed Burke Charged in Federal Corruption Scheme

I know: a corrupt Chicago alderman? Who’d thunk it? From the Tribune:

A federal criminal complaint unsealed Thursday charged Burke with attempted extortion for allegedly using his position as alderman to try to steer business to his private law firm from a company seeking to renovate a fast-food restaurant in his ward. The charge carries a maximum of 20 years in prison on conviction.
The complaint also alleged Burke asked one of the company’s executives in December 2017 to attend an upcoming political fundraiser for “another politician.” Sources identified the politician as Cook County Board President Toni Preckwinkle, who is running for Chicago mayor.

I missed this story, but there was an FBI raid on Burke’s office a few weeks ago:

Prosecutors revealed during the 10-minute hearing that the FBI found 23 guns in the raids on Burke’s City Hall and ward offices in November. As a condition of his bond, Burke, a former Chicago police officer, was ordered to surrender the firearms and any others he may own within 48 hours of his release.

This is amusing: I can’t tell if Burke was a member of Crooked Mayors Against Self-Defense (or if he was even eligable, being an alderman) but he was a big time gun grabber:

But while he was trying to deny residents of one of America’s most violent cities the right to defend themselves and their property, he was protected day-and-night by a team of four Chicago police officers. Having personal bodyguards is not a typical perk of a city alderman, but it’s one Burke has enjoyed for decades, at taxpayer expense, due to threats made against him in the early 1980s.

Of course, innocent until proven guilty, yadda yadda, but: they caught him on the wire. I’m looking forward to Alderman Burke going to prison for a long, long time.

Christmas gun crankery.

Tuesday, December 25th, 2018

The NYT apparently decided they were going to use the run-up to Christmas to be cranky about guns.

I didn’t link to that Andrew Ross Sorkin piece the other day about using credit card purchases to (supposedly) flag possible mass shooters (and I won’t link it here) because:

  1. Busy.
  2. I felt like it got pretty thoroughly discussed and discredited on Twitter before I had a chance. Here’s one good example. The only thing I’d add that I really haven’t seen metioned elsewhere is: if you want to weaponize the financial system, don’t be surprised when the weapon is turned on you, Mr. Marijuana Dispensary Owner or Ms. Sex Worker.

In other gun news from the paper of record, they (and supposedly a congressional committee and “federal agencies”) seem to have it in for CZ USA. Why?

Three years ago, Sandy McDonald began finding the rifles, left behind by poachers, scattered near the dead rhinos he found in the game reserve he owns in Mozambique, just across the border from South Africa.
Mr. McDonald immediately recognized the weapons. They were .375-caliber Safari Classics, made by CZUB or just CZ, a firearms manufacturer based in the Czech Republic. Upon closer inspection, Mr. McDonald noticed something else on the rifles. Carved into the metal were the words “CZ-USA, Kansas City, KS,” suggesting that the weapons were from the American subsidiary of the arms company.

Yes: CZ rifles are supposedly ending up in the hands of poachers.

“Coming from a firearms background I recognized that these were rifles that are quite common in the U.S.,” Mr. McDonald said. “It left me wondering how they got out of the U.S. and into the hands of Mozambican poaching syndicates.”

How many CZ Safari Classics have you seen at the gun shop lately? “Quite common”? But I agree with Mr. McDonald: where are these rifles coming from, in such quantity that poachers appear to be just throwing them away? Are rhinos really so valuable that the rifles (which, remember, are imported) are basically disposable?

Neither CZ nor its American subsidiary has been accused of a crime by federal authorities.

…

But CZ officials said the guns that were found at poaching scenes were manufactured in the Czech Republic, not the United States. The company denied that any of the rifles came from its subsidiary in the United States — or that it had done anything wrong. And company officials said the weapons were legally sold to suppliers in Mozambique.
“Although the firearms were marked ‘CZ-USA,’ the U.S. entity CZ-USA had nothing to do with the rifles,” Petr Kallus, a company executive, wrote in a response to questions from The New York Times. “Rather, the marking ‘CZ-USA’ was applied to the rifles by CZUB as an international brand name only.”

You know, I don’t do a lot of hunting or poaching, especially of African game. However, I had the distinct impression from what I’ve read that many poachers are using surplus military weapons, like AK-47s, to do their dirty work. Not sporting rifles imported from the Czech Republic. Any poaching experts out there that can confirm this?

Next up: a few weeks ago, a guy held up two men in a New York City building, firing a shot during the holdup, and fled the scene. As he was running away, he ran into two NYPD officers. One of them gave chase. The suspect fired on the police officer, and the officer shot back.

And shot. And shot. And shot. All told, he expended 27 rounds and reloaded his Glock once. The officer eventually hit the suspect twice (in the neck and foot) disabling him.

The officer also hit five parked cars and one woman in the belly. A 12 year old girl was also hit by bullet fragments.

Unlike the two stories above, I think this is actually a fairly thoughtful and reasonable story: among other things, it talks about how difficult it is to shoot well under stress, especially with someone shooting back at you, and it doesn’t suggest the gentleman in question was a choir boy. (He was found with the gun and two kilos of coke.)

I don’t want to throw stones at the NYPD officer in question. I’m not sure my performance would have been much better in the same situation. On the other hand, I like to think I wouldn’t have been spraying shots on a crowded street, either.

John C. Cerar, a former deputy inspector who commanded the New York Police Department’s firearms and tactics section, said the way Officer Gomez shot while running was an anomaly in New York City, where officers are trained to control their fire.
“We tried to get police officers to be realistic that you’re better off firing from cover,” he said. “Less shots have to be fired if you’re in a good position. Shot placement is so much more important than the amount of shots fired.”

Two more things:

[The officer] had never fired his weapon in five years on the force, the police said.

Never? Not even in qualification?

The officers did not activate their body cameras during the incident.

Things I have been neglecting.

Friday, December 21st, 2018

I really haven’t been doing a good job of keeping up with APD firings.

It isn’t that I’m in the tank for the police department now that I’m doing the Citizen’s Police Academy stuff: I don’t feel like I am, and updating you on firings and other disciplinary actions is a good way to show that the department takes these things seriously.

The problem is more that I’m busier now, both personally and professionally, than I have been in quite a while. I’m not complaining, but it does cut into my blogging time. Heck, as you can see, I’m having trouble even keeping up with obits.

But: when someone in a command rank at a major metropolitan police department gets fired, I kind of feel like I have to take note of this.

Here’s the story from the Statesman.

Here’s the official memo from the chief.

I’m not going into details here because the story has a lot of salacious elements: if that’s your bag, you’re welcome to read the less detailed Statesman article or the much much more detailed disciplinary memo.

The gentleman in question plans to appeal, and his legal representative accuses the chief of “inserting himself into the private life and figuratively the bed” of the officer. I can sort of maybe see that point: there’s a lot of stuff in the memo about whether his behavior, even if there was consent involved, is a violation of the law.

BUT: it seems pretty clear to me from the memo that the gentleman in question also tried to hide information (left his cell phone at another person’s house, deleted videos) knowing he was under investigation. That’s a huge violation of department policy, and (in my humble opinion) justifies a firing by itself.

Obit watch: December 13, 2018.

Thursday, December 13th, 2018

Melvin Dummar, historical footnote, passed away last Sunday at the age of 74.

I’m not sure how many of my readers remember Mr. Dummar and his saga. To summarize: one night in 1967, Mr. Dummar picked up a drifter by the side of the road and gave him a ride. The drifter told him that his name was Howard Hughes. Mr. Dummar forgot about the incident until nine years later, when Mr. Hughes died…

…and a will turned up at the Morman Church headquarters that left 1/16th of the Hughes estate to the church…

…and 1/16th of the estate to Mr. Dummar. (This was about $156 million in 1976 dollars.)

Of course there were legal cases.

But after his fingerprints were found on the envelope, he testified that a stranger had given it to him at his gas station and that he had taken it to the church headquarters.
A jury decided that the will was forged, and while no one was ever officially charged, Mr. Dummar was found guilty in the court of public opinion.

…

By the time the Hughes inheritance was settled by a probate court jury in Texas in 1981, more than 600 people had made claims to the fortune, and 40 wills, all supposedly written by Mr. Hughes, had been produced and rejected. Mr. Hughes’s money was divided among descendants on both his mother’s and his father’s side.

Jonathan Demme made what is supposedly a pretty good movie (haven’t seen it yet) out of this story, “Melvin and Howard“.

Thing I didn’t know: there’s a revisionist movement, apparently led by a retired FBI agent, that claims Mr. Dummar’s story was true, and he was cheated out of his rightful inheritance by a vast conspiracy “replete with acts of obstruction of justice, witness intimidation and possible jury tampering.” Yeah. Gonna take some convincing to get me to buy that.

Update from the legal beat.

Tuesday, November 6th, 2018

I don’t have much to say about this, partly because I’m still busy as all get out, and partly because I don’t know what there is to say.

But: Terry Thompson, the guy who was married to a sheriff’s deputy and choked a man to death outside a Denny’s, was convicted of murder yesterday. (Previously.)

Obit watch: November 1, 2018.

Thursday, November 1st, 2018

NYT obit for Victor Marchetti. (Previously.)

Willie McCovey. SFGate.

Whitey.

Wednesday, October 31st, 2018

If you go back to yesterday’s post, it looks like both the Boston outlets and the NYT did updates (and corrections) in place instead of posting new links. Which saves me some effort…

The big piece of news since the story broke seems to be:

One of the workers said that the inmates were thought to be “affiliated with the mob.” A law enforcement official who oversees organized crime cases said he was told by a federal law enforcement official that a mob figure was believed to be responsible for the killing.

The Patriarca family, maybe? Kind of makes sense…

Howie Carr. I know I’ve mentioned this before, but I thought The Brothers Bulger: How They Terrorized and Corrupted Boston for a Quarter Century was a terrific book.

Firings watch.

Tuesday, October 30th, 2018

I think this counts.

Izaia Bullock, a linebacker for the Rutgers football team, has been dismissed.

“For violating team rules?” I guess you could say that…

…I do believe most teams have rules against murder plots.

Bullock, 22, “initiated a plot to murder the family members of an acquaintance” earlier in the week, according to a statement from the Middlesex County Prosecutor’s Office.
Bullock was charged Tuesday with two counts of attempted murder in the first degree and two counts of conspiracy to commit murder in the first degree.

I wonder if this was one of those situations you see played out so often on the Justice Network: rich child hires patsy to whack his parents while rich kid is off somewhere setting up an alibi…

Obit watch: October 30, 2018.

Tuesday, October 30th, 2018

Wow.

My brother and Mike the Musicologist sent this to me literally within seconds of each other, which goes to show you how well they know me:

James “Whitey” Bulger is dead. He was apparently stabbed to death in a Federal prison in West Virginia.

Details are kind of sketchy right now. Here’s the Boston Herald coverage: apparently he had just been moved to the WV facility from one in Florida.

This is still a developing story, and I’m not finding much coverage outside of the Boston papers: it may be best to wait and post an update tomorrow.

Also among the dead: Victor Marchetti, former CIA agent and author who challenged the agency’s prior approval rule.

Ntozake Shange, noted playwright.

Edited to add: preliminary NYT coverage of Whitey Bulger, which wasn’t up when I posted earlier.

…was found beaten to death on Tuesday in a West Virginia prison. He was 89.
Two Federal Bureau of Prisons employees, who spoke on the condition of anonymity because the information was not yet public, said Mr. Bulger had been beaten unrecognizable by inmates. No other details were immediately available.

Interesting. The anonymous sources are saying he was beaten to death, not stabbed. But…

He was found unresponsive at 8:20 Tuesday morning, according to a statement from the federal Bureau of Prisons. The bureau said that lifesaving measures had been initiated and that he was pronounced dead by the Preston County Medical Examiner. The statement did not indicate a cause of death.

Update from the shoe beat.

Thursday, October 25th, 2018

We have our first convictions in the great NCAA Basketball shoe scandal of 2017. (Previously.)

James Gatto, Adidas’s former head of global basketball marketing; Merl Code Jr., another former Adidas employee; and an aspiring agent named Christian Dawkins were found guilty of wire fraud and conspiracy to commit wire fraud, after a three-week trial.

There’s a little more editorial commentary mixed in with the reporting than I’d like, but this is noteworthy:

Though the verdicts’ larger impact on college basketball was not immediately clear, after Wednesday the following may be safely said: There is precedent that cheating N.C.A.A. bylaws can have consequences beyond collegiate infractions.
“Now you don’t just have to worry about what the N.C.A.A. does to you — you have to worry about going to jail,” said Dan Beebe, a former Big 12 commissioner who consults with conferences.

Personally, I’d like to see the N.C.A.A forcibly disbanded, but sending people to prison is a good alternative.

Also worth noting, but with a grain of salt: one of the defense attorneys claims that Rick Pitino and Bill Self (Kansas basketball coach, who is still employed) knew what was going on.

Neither head coach was clearly implicated in witness testimony, although text messages and phone calls suggested they were aware that Adidas associates were involved in recruiting.

…

The three men charged in the case had pleaded not guilty, and none of them took the stand. Their primary defense was that their behavior may have violated N.C.A.A. bylaws, but that it was not a federal crime.
“N.C.A.A. rules were broken,” Michael Schachter, one of Gatto’s attorneys, said in his opening argument. “Jim and Adidas helped out financially a few families whose sons are among the most talented athletes in America. That happened.”
However, he added: “The N.C.A.A.’s rules are not the laws of this country. The N.C.A.A. is not the U.S. Congress.”

As the flaming hyena turns.

Thursday, October 25th, 2018

Remember Dawnna Dukes? Remember what an enormous nothing-burger that whole thing turned out to be?

She’s suing the Statesman, Margaret Moore (the current Travis County DA) and Rosemary Lehmberg (the previous DA), “an investigator with the state auditor’s office”, and three former aides.

The lawsuit, filed late Wednesday by Dukes on her own behalf and without a lawyer, seeks $7.8 million for malicious prosecution and defamation.

The fact that she’s proceeding pro se with a defamation suit is not a good sign. But I Am Not A Lawyer: I’d ask Ken White for his take, but he’s pretty busy these days.

On the other hand, she’s probably proceeding without a lawyer because she’s broke:

The 12-term Austin Democrat said investigative stories by the Statesman, followed by corruption charges that were eventually dismissed, left her financially ruined — saddled with a $187,000 legal bill, deprived of consulting contracts and unable to find additional work.
As a result, her lawsuit said, Dukes’ credit cards were canceled, her car was repossessed and her home and East Austin commercial properties were foreclosed upon.
“The trauma due to financial hardships and loss of reputation aggravated (Dukes’) health issues and, to this day, there is still a lingering inconsolable grief caused by her substantial loss,” the lawsuit said.
Dukes also blamed her legal trouble for her defeat in the Democratic primary in March.

I’ll try to keep an eye on this one. Especially the discovery portion of it: that should be a lot of fun.

Noted without (much) comment.

Monday, October 22nd, 2018

Rae Carruth is expected to be released from prison today.

(Edited to add: Charlotte Observer.)

“The Boy They Couldn’t Kill” by Thomas Lake.

Obit watch: October 18, 2018.

Thursday, October 18th, 2018

Yesterday’s headline of the day:

Nevada’s famous pimp expected to win election despite death

NYT obit for Dennis Hof.

Felix Smith, pilot for Civil Air Transport.

Civil Air Transport, which was later run by the C.I.A., was a back-channel carrier assembled in 1946 by former Lt. Gen. Claire L. Chennault of the Army Air Forces using surplus World War II planes and a supply and maintenance ship and recruiting pilots from the Flying Tigers, a volunteer World War II unit famed for its exploits in the skies over China. The airline’s aim was to undergird the Nationalist leader Chiang Kai-shek in the protracted civil war against the Communists.

CAT evolved into the legendary Air America.

Norts spews.

Tuesday, October 9th, 2018

We have our first firing of the NBA season. You know, the NBA season that hasn’t started yet.

Phoenix Suns general manager Ryan McDonough out.

From ESPN:

He drafted the likes of Devin Booker, Josh Jackson, TJ Warren, Alex Len, Dragan Bender and Deandre Ayton. He had some early success, but the Suns are still in the same rebuilding mode that they were in when McDonough was hired. The team went 155-255 during his tenure.
The Suns also had five different coaches under McDonough. Last season, they fired coach Earl Watson three games into the season and named Jay Triano interim coach. In the offseason, they named Igor Kokoskov head coach.

In other news, I missed this story until Popehat tweeted part of it. Ken White’s take on this was more “look at the stupid things clients do”, which surprised me: I’ll touch on the reason why shortly.

Summary: the Los Angeles Dodgers (and other baseball teams) may be in trouble. Legal trouble.

Sports Illustrated has learned that the U.S. Department of Justice has begun a sweeping probe into possible corruption tied to the recruitment of international players, centered on potential violations of the Foreign Corrupt Practices Act. What’s more, SI has learned that multiple alleged victims of smuggling and human trafficking operations have already given evidence to law enforcement agents or testified before a federal grand jury.

…

The trove of evidence—the material that largely persuaded the bureau to launch an investigation—includes videotapes, photographs, confidential legal briefs, receipts, copies of player visas and passport documents, internal club emails and private communications by franchise executives in 2015 and 2016.

…

Internal communications by the Dodgers show concerns about what team officials called a “mafia” entrenched in their operations in the Caribbean and Venezuela, including a key employee who dealt “with the agents and buscones” and was “unbelievably corrupt.” Other personnel were suspected of being tied to “altered books” or “shady dealings,” according to the documents.

FanGraphs has an interesting supplemental piece. The part that jumps out at me – and the one that I’m surprised Ken wasn’t all over:

…what is described in the SI piece also comes dangerously close to a violation of a law called the Racketeer Influenced and Corrupt Organizations Act (“RICO”), a law which allows for prosecution of an entire company or enterprise instead of each person involved individually.

Did the Dodgers do the RICO? I am not a lawyer. But the person who wrote the FanGraphs article is: I think she presents a good argument that, if the Dodgers are found guilty of human trafficking, that’s a “predicate offense” for RICO purposes.

To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise.

Mail and wire fraud are also predicate crimes. So one count of human trafficking, and one count of wire fraud…to quote FanGraphs:

…getting banned from baseball may end up being a best-case scenario depending on the extent of their involvement and whether they knew or should have known about the illegality going on in their operations.

Admit it: wouldn’t you love to see the Department of Justice seize the Dodgers in asset forfeiture and try to run a baseball team? I know I would: a government run baseball team would make the 1899 Cleveland Spiders look like a model of competence and sanity.