Archive for the ‘Law’ Category

Paging Charles Willeford….

Saturday, August 17th, 2013

…white courtesy phone, please.

Princess Irina Walker, the daughter of the last king of Romania, was hobnobbing two years ago with European royalty in Bucharest to celebrate the 90th birthday of her regal father.
On Friday, she and her husband, a former sheriff’s deputy, appeared in federal court to face charges of running a cockfighting business on their ranch in rural Oregon. Both pleaded not guilty and were released pending trial.

(I apologize for linking to the Statesman, but it is a non-paywalled AP story. I also apologize for the stupid auto-play video; if you prefer, “princess cockfighting” in the Google will bring up other versions of this story.)

(I have a sneaking suspicion Willeford would say, “Come on, you can’t put that in a novel! People won’t believe it, even if it is true!”)

Your art fraud followup: August 17, 2013.

Saturday, August 17th, 2013

The NYT names the “struggling immigrant artist” who is accused of forging $80 million worth of art, supposedly by Modernist masters.

Over a period of 15 years, court papers claim, the painter, working out of his home studio and garage, churned out at least 63 drawings and paintings that carried the signatures of artistic giants like Jackson Pollock, Barnett Newman, Robert Motherwell and Richard Diebenkorn, and that Mr. Bergantiños Diaz and Ms. Rosales boasted were authentic. They were not copies of paintings, but were sold as newly “discovered” works by those artists.

Random notes: August 16, 2013.

Friday, August 16th, 2013

Mark Sutton, best known as “that guy dressed as James Bond who parachuted out of a helicopter during the 2012 Olympic opening ceremonies”, died yesterday while piloting a wingsuit in Switzerland.

Also among the dead: Barbara Mertz, noted author, Mystery Writers of America Grand Master, and Egyptologist. You may perhaps know her better as “Elizabeth Peters” and “Barbara Michaels”. (Oddly enough, I don’t own any Peters or Michaels books, but I think I have a copy of Temples, Tombs and Hieroglyphs.)

And Bert Lance. Remember Bert Lance? Remember the Carter administration? Bank of Credit and Commerce International?

In later years, he spent increasing amounts of time at his 500-acre hilltop estate near Calhoun called Lancelot, where he cultivated his beloved rose garden and consulted for trucking and carpet companies and informally for Democrats. One side of his large home was built to resemble the White House, the other George Washington’s Mount Vernon.

That sounds like something out of a Ross Thomas novel.

For 15 years, some of the art world’s most established dealers and experts rhapsodized about dozens of newly discovered masterworks by titans of Modernism. Elite buyers paid up to $17 million to own just one of these canvases, said to have been created by the hands of artists like Jackson Pollock, Willem de Kooning, Mark Rothko, Franz Kline and Robert Motherwell.

The punchline: all of those paintings were done by one guy in a garage in Queens.

(Speaking of art, this has already been on FARK, but I do want to note it here for the “Art, damn it! art watch”:

High court rules that Germans can once again give Nazi salutes while feeling up the breasts of an armless mannequin wearing an alien mask

I also want to make note of it because that’s one of the rare FARK headlines that’s pretty much accurate. If you have any doubts, click through to the article and look at the photo.)

(“a dictatorship of art”?)

(Apropos nothing in particular.)

Random notes: August 14, 2013.

Wednesday, August 14th, 2013

Ford stopped making the police variant of the Crown Victoria in 2011. We’re now in 2013, and police departments are starting to retire the last of the Crown Vics.

Law enforcement is a practical, left-brain business of protocol and procedure. But a discussion of the Crown Vic brings out a romantic side. The traditions and symbols of life behind the badge become intertwined with its tools. Two tons of rear-wheel drive and a V-8 engine up front made for a machine that could feel safe at any speed, a reliable nonhuman partner when things got crazy.

I have flirted from time to time with the idea of purchasing a former cop car as a backup vehicle. (“It’s got a cop motor, a 440 cubic inch plant, it’s got cop tires, cop suspensions, cop shocks.”) Problem is, the state surplus store wants nearly $6K for used DPS cars; at that price, I could go get a used Miata or Outback instead.

The 1933 double eagle is on display at the New York Historical Society. I’ve written previously about the strange history of the 1933 double eagle, and the linked NYT article contains a good summary, too.

If you have nothing to hide, why do you object to being stopped and frisked by the police being recorded by a camera?

Yet another reason why Rosemary Lehmberg should resign.

Well, what do you know?

Monday, August 12th, 2013

Whitey Bulger: guilty of 11 murders.

Boston.com:

The jury found that the prosecution had proved that Bulger murdered Paul McGonigle, Edward Connors, Thomas King, Richard Castucci, Roger Wheeler, Brian Halloran, Michael Donahue, John Callahan, Arthur “Bucky” Barrett, John McIntyre, and Deborah Hussey.

It returned a “no finding” in the murder of Debra Davis, and decided that the prosecution had NOT proved that Bulger murdered members of the Notorangeli group, Michael Milano, Al Plummer, William O’Brien, James O’Toole, Al Notorangeli, James Sousa, and Francis “Buddy” Leonard.

He was also found guilty of “…two counts of racketeering, six acts of extortion, as well as narcotics distribution, money laundering, and illegal firearms charges.”

I would link to the Boston Globe coverage, but they’ve put it behind a paywall, so to heck with them.

DEFCON 21 update: August 5, 2013.

Monday, August 5th, 2013

Yeah, I know, I’ve been quiet. Much of Friday’s blogging time was eaten by Bluehost instability, and Saturday and Sunday were busy.

But I do have some updates and links.

I’m going to cut things off here for right now. I’m still trying to find links to some of the other presentations I mentioned (in particular, I’d love a link of some sort to Anch’s “Pentesters Toolkit” if anyone has one) and will post updates as they come in. Depending on what I dig up, there may be a second post tomorrow. In the meantime, this should keep you busy.

Random notes: August 1, 2013.

Thursday, August 1st, 2013

Look, I don’t like drunk drivers. I don’t like drunk drivers who kill people while driving drunk. If I had my way, they’d be charged with murder.

That said, there’s something wrong with this WP editorial arguing that a bar should bear responsibility for the death of a ten-year-old girl “who liked dogs, horses and dancing”. (Would it have been less tragic if she hated horses?)

They also knew something was wrong when Michael D. Eaton downed 17 bottles of the Mexican brew, plus a shot of vodka, in about five hours. It was too much.

So that’s 18 drinks in five hours, or 3.6 drinks an hour on average. The WP doesn’t tell us how much Mr. Eaton weighed, or whether his drinks were evenly distributed over the five hours (as opposed to him being there for 4:30, and then slamming down 17 Coronas and a shot in the last half hour). But assuming he weighed 200 pounds, and the drinks were evenly distributed…according to this chart, he’d be right on the borderline between 0.06 and 0.08. I’m not convinced that’s the sort of visibly drunk that would make the bar responsible for letting him leave.

(It is interesting that none of the articles on this case specify Mr. Eaton’s BAC, but perhaps that has something to do with the fact that he fled the scene and turned himself in 12 hours later. It is also interesting that the WP editorial blaming the bar doesn’t mention Mr. Eaton’s “previous convictions for drunk driving, reckless driving, selling marijuana and speeding “.)

In other news, the Austin PD fired another officer. The twist here is that the fired officer was already on probation and had been suspended for “temporarily ignoring a dispatch and disengaging the tracking system in his patrol car for just over twenty minutes”: even after being placed on probation and suspended, he still turned off the tracking system (and apparently the cameras) in his patrol car another 60 times.

Obit watch: Noted Texas writer John Graves. At some point, I need to read Goodbye to a River.

Speaking of Las Vegas, people are coming back. But they aren’t gambling as much, or spending as much money on other things.

And speaking of DEFCON/Black Hat: WP coverage of the NSA director’s speech.

I’m hoping for some good coverage of Black Hat/DEFCON from Brian Krebs, who, by the way, has an interesting tale to tell:

Earlier this month, the administrator of an exclusive cybercrime forum hatched and executed a plan to purchase heroin, have it mailed to my home, and then spoof a phone call from one of my neighbors alerting the local police.

(Also, credit card and PIN skimmers just keep getting better and better.)

Random notes: July 30, 2013.

Tuesday, July 30th, 2013

Latest update on the “Rebecca” case (previously):

A former Long Island stockbroker accused of bilking the producers of a planned Broadway musical production of “Rebecca” pleaded guilty to federal fraud charges on Monday, admitting that he had conjured up fictitious overseas investors and a phantom loan as part of a sham effort to rescue the financially troubled show.

Memo from the Department of “Here’s a Shocker”:

Fifty-five percent of respondents to a 2009 agency-wide survey who said they were resigning or thinking about it cited poor management as the main reason, according to a 2010 report on retention by the agency’s internal watchdog that mirrored the findings of a 2005 report. Although the CIA’s overall rate of employee turnover is unusually low, the report cited “challenges” in the retention of officers with unique and crucial skills, such as field operatives.

More:

“Perceptions of poor management, and a lack of accountability for poor management, comprised five of the top 10 reasons why people leave or consider leaving CIA and were the most frequent topic of concern among those who volunteered comments,” the inspector general’s report says.
CIA employees complained of “poor first-line supervision, lack of communication about work-related matters and lack of support for prudent risk taking,” the report says.

Some bars in West Hollywood and other cities are boycotting Stolichnaya vodka over Putin’s “anti-gay” regulations, “banning ‘propaganda of nontraditional sexual relations,’ including gay pride events and providing children with information about homosexuality.” Fair enough; a boycott seems like a reasonable response, though I don’t know how much good it will do. (I’m not convinced boycotts work against the batshit crazy.) But:

West Hollywood City Councilman John Duran, who has been encouraging bars to join the boycott, said protesters in West Hollywood plan to dump the contents of Stolichnaya bottles into a gutter to raise awareness of Russia’s laws. The protest is planned for Thursday in front of Micky’s bar and will use bottles filled with water, not vodka, he said.

Wouldn’t this be a more effective protest if they actually dumped the vodka? If they are worried about the environmental impact of dumping vodka into the gutter, couldn’t they pour it down the sink instead, like they do with unfinished drinks? Is the environmental impact of dumping vodka that great, especially since I suspect much of the alcohol will evaporate in the storm sewers?

And what are they going to do with the vodka that was in the bottles? Or have they been saving empties for this protest?

A couple of random bits for July 27, 2013.

Saturday, July 27th, 2013

This one goes out to Lawrence and a couple of other friends.

I have written previously about NASA’s “System Failure Case Studies” site, where the organizations posts brief analysis of significant failures and the lessons learned from them.

NASA recently redesigned the site: I find it slightly more aesthetically pleasing than I did previously. And one of the things they’ve covered recently is the Piper Alpha disaster.

Some other recent SFCS articles of note:

  • the crash of a F-22A Raptor, apparently due to a combination of pilot hypoxia and bad ergonomics (especially when pilots were wearing night vision and cold weather gear).
  • The Halifax explosion. It seems to me that this event is mostly forgotten today, but I vividly remember reading a first hand account from one of the survivors in a really old Reader’s Digest at my grandmother’s house:

    The Mont-Blanc drifted toward the Halifax shore and then blew apart, with a shockwave equivalent to 2,989 tons of TNT expanding across Halifax at more than 4,900 feet per second and reached across 325 acres. The pressure and temperature (in excess of 9,000 degrees Fahrenheit at the origin) pushed a fireball of hot gas and debris into the sky that rained shrapnel on people in the streets below. The water around the Mont-Blanc was immediately vaporized and a 52-foot tidal wave swept three city blocks deep into Halifax’s Richmond neighborhood. Windows were reportedly shattered over 50 miles away from the epicenter.

  • And the Xcel Energy fire, which comes across as just total all-around incompetence:

    Although Xcel and RPI recognized the penstock as a permit required confined space, neither treated it as such during the recoating work…Entry procedures were not developed and the required daily permits were incomplete and lacking detail pertaining to the hazards of the day‘s work activities. Air monitoring was performed almost exclusively at the entrance, about 1,450 feet away from the actual work area within the penstock. Neither RPI nor Xcel provided the CSB with a documented basis for declassifying the penstock space as non-permit required…Xcel and RPI managers did not plan or coordinate the immediate availability of qualified confined space technical rescuers and equipment outside the penstock, although the use of flammable solvent in the open atmosphere of the permit space created the need for immediate rescue because of the potential for Immediately Dangerous to Life and Health (IDLH) conditions

    Xcel and RPI killed five workers because of these failures.

On another note, I greatly enjoy the Priceonomics blog, which has covered topics like how does SkyMall work (and their questionable ties to Xhibit Corp), what charities do with those donated cars, and the economics of starting a bike shop.

The latest article has some ties to something I wrote about previously – the pot growers of the Emerald Triangle. Or, as Priceonomics puts it:

Legal Weed is Hurting San Francisco’s Hippies

Some quotes:

“The hippy kids used to be able to sell their weed real easy at high prices,” he tells us. “There were lots of customers and they made enough in a few days to travel for a few weeks. Now though…” At which point Kenny repeats the complaint made by drug dealers throughout the park, that California’s legal dispensaries for “medical marijuana” have depressed prices and stolen away their customer base.

While legalization increased the supply of weed in California, the segment suggests that increased transparency – rather than increased supply – explains the price drop. Chuck, a dealer who switched from selling weed in California to New York and quadrupled his income, told WNYC, “There’s plenty of weed in New York. There’s just an illusion of scarcity, which is part of what I’m capitalizing on. Because this is a black market business, there’s insufficient information for customers.”

Random notes: July 24, 2013.

Wednesday, July 24th, 2013

Man, this is a day for sad sports stories in the NYT.

George Sauer Jr. passed away in May.

He caught eight passes in the Jets’ upset victory over the Baltimore Colts in Super Bowl III. In six seasons with the Jets, Sauer caught 309 passes for 4,965 yards and 28 touchdowns. But after the 1970 season, when he was 27, George Sauer retired, criticizing a sport that he described as having a “chauvinistic authority,” “militaristic structure” and that he termed “inhumanly brutal.” He briefly returned to play with the New York Stars of the World Football League three years later, but after that, Sauer’s football days were over.

What makes this story interesting is that Sauer, according to people who knew him, was a really smart guy who may have never wanted to play football in the first place; what he really wanted to be was a writer.

On a slightly more upbeat note, there’s an interesting piece by Frank Bruni in the paper of record. Vetri, a very well regarded Italian restaurant in Philadelphia, transformed itself for three nights into Le Bec-Fin, a legendary restaurant that closed (temporarily?) in 2012.

I like the idea of recreating legendary restaurants for a few nights. I’m not sure what Austin restaurant I’d like to see do this; I think that needs some more consideration than I am currently able to give it.

And since this isn’t behind the paywall, i’ll link to it: the Austin Police Department has fired another officer. What did he do? Well…bad guy broke into someone’s home and stole their pickup and gun. Police chased the bad guy. Bad guy wrecked the truck, fled on foot, and broke into another house.

As police converged on the home, he began backing out of the garage in the homeowner’s car.
In a disciplinary memo, Austin Police Chief Art Acevedo said [Christopher] Allen [the fired officer – DB] fired four shots into the car’s window as it backed out of the driveway before chasing the car down the street on foot while firing an additional 10 shots, forcing other officers to take cover.

This has gone to the arbitrator:

According to the opinion, Allen acknowledged that he shouldn’t have fired all 14 shots but contended that he complied with the department’s deadly force policies because the suspect was an imminent threat to the public.

And the arbitrator said:

…that sustained violations of use of force policies have consistently resulted in termination, and that Allen should have been expected to avoid approaching the vehicle containing a possibly-armed suspect.
Though he said Allen seemed like a “thoroughly decent individual and dedicated police officer,” he decided there was no justification to overturn his termination.

I think the take-away here is: hit what you aim at. And always be sure of your target and what’s behind it:

The chief said Allen’s actions violated several departmental policies, including determining the objective reasonableness of force, and that he was a more of a threat to the public than the suspect.

Please continue to be careful out there.

Tuesday, July 23rd, 2013

A while back, I wrote about Sutchi Hui. Mr. Hui was crossing a San Francisco street when he was struck and killed by Chris Bucchere, who was on a bicycle at the time. The San Francisco DA charged Mr. Bucchere with felony manslaughter.

Mr. Bucchere has now pled guilty to that charge.

“I believe justice has been served,” Gascon told reporters. “Mr. Bucchere has been held accountable to a level that’s historic in the state. His conduct was egregious. He will be providing 1,000 hours of community service. We hope many of those hours are spent talking about traffic safety.”

However, according to the article, Mr. Bucchere will not serve any time in prison. Or perhaps I should say the DA is not requesting any under this plea agreement. Mr. Bucchere will not actually be sentenced until August 16th. The SF Chron says that Mr. Hui’s family agreed to the plea, and that Mr. Bucchere will serve three years on probation. And:

After six months, Gascon said, a judge could reduce the charge to a misdemeanor.

Banana republicans watch: July 23, 2013.

Tuesday, July 23rd, 2013

Do you remember the “Bait Car” incident? In brief, an LA County sheriff’s detective swore under oath that he’d read a suspect his rights; that testimony was contradicted by video taken of the arrest for the “Bait Car” TV series.

Now:

Prosecutors concluded that Det. Anthony Shapiro “willfully, knowingly and intentionally” made false statements when he claimed to have fully read suspects their Miranda rights, according to a memo obtained by The Times. Footage shot by television cameras for the TruTV program “Bait Car” shows that Shapiro never fully read the suspects their constitutional rights, including the right to remain silent and have an attorney present during questioning, prosecutors said.

And what is the DA’s office going to do about this? Not a damn thing.

Despite the findings, the district attorney’s office declined to file criminal charges against Shapiro. The office concluded that Shapiro’s false statements did not amount to perjury because they did not play a key role in the decision to arrest the men or in the outcome of the preliminary hearing where Shapiro testified, according to the memo.

Meanwhile, in the notoriously corrupt city of Vernon, Bruce Malkenhorst used to be the city manager. He resigned (and was later convicted of misappropriating public funds). As city manager, he took home $911,000 a year; his pension was the largest in California, more than $500,000 a year.

At least it was until the California pension board cut it back to $115,000 a year, stating that some of his salary was improperly obtained.

So now the 78-year-old Malkenhorst is suing Vernon to make up the difference. His lawyers are making a novel if improbable argument: Because it paid him a high salary, the city is responsible for keeping his retirement benefits at the higher level even though CalPERS balked.

Random notes: July 19, 2013.

Friday, July 19th, 2013

I was tied up yesterday and couldn’t jump on the Detroit bankruptcy story. Here’s coverage from the NYT, the Detroit Free Press, and Lawrence.

At Long Island College Hospital in Brooklyn, there are scores of doctors and nurses on duty around the clock at a cost of $3 million per week. But in the maternity ward, nurses sit and knit or idly watch afternoon television because there are no babies being delivered and most of the hospital is empty. It is meant to house 375 patients; it has 18.

The people who run the hospital want to close it, and are trying to wind down operations. But the unions that represent hospital workers are opposed to closing the hospital.

The hospital is losing $15 million a month, $12 million of it in payroll, with almost no money coming in. State officials said they expected to cover the losses through advances on federal financing given to hospitals with large numbers of poor and uninsured patients.

San Jose State made a deal with the online course provider Udacity to offer “low-cost, for-credit online courses” in “remedial math, college-level algebra and elementary statistics courses”. How’s that working for them? Not well. “Preliminary results from a spring pilot project found student pass rates of 20% to 44%”. SJSU and Udacity have suspended the courses while they re-evaluate. One thing that might have been a factor:

A large group were enrolled in the Oakland Military Institute, a college prep academy. Many of them didn’t have access to a computer — a fact that course mentors didn’t learn about until three weeks into the semester, Junn said.

In the Prince George’s jail, another of the busiest jails in Maryland, administrators have little information about inmates’ contact with the outside world. Unlike at most jails in the D.C. area, Prince George’s does not directly monitor or record visits with friends or family, and inmates routinely shield their calls from investigators monitoring recorded phone lines.

Guess who’s getting a raise?

Thursday, July 18th, 2013

No, not your obedient servant.

The State of Texas has approved a $15,000 a year raise for all local DAs and district judges.

Including Rosemary Lehmberg.

Lehmberg is already the highest paid elected official in the county, making $125,000.00 per year in state funds. The county pays her $35,298 giving her a total salary of over $160,000.00.

Happy Bastille Day, everyone!

Sunday, July 14th, 2013

Whether you’re eating Beef Bourguignon and drinking a good Burgundy, or storming a prison to get at the gunpowder inside, I hope your celebration is a happy one.

(More from Lawrence here.)