Archive for the ‘Law’ Category

Invisible airwaves crackle with life, bright antenna bristle with the energy…

Friday, May 10th, 2013

On Thursday, Defense Distributed founder Cody Wilson received a letter from the State Department Office of Defense Trade Controls Compliance demanding that he take down the online blueprints for the 3D-printable “Liberator” handgun that his group released Monday, along with nine other 3D-printable firearms components hosted on the group’s website Defcad.org. The government says it wants to review the files for compliance with arms export control laws known as the International Traffic in Arms Regulations, or ITAR. By uploading the weapons files to the Internet and allowing them to be downloaded abroad, the letter implies Wilson’s high-tech gun group may have violated those export controls.

As Linoge says, you can’t stop the signal.

Edited to add: Quote of the day:

The right to download CAD files is the right to be free. 😉

Tam

(Reference explained here for the non SF fans in my audience.)

Random notes: May 10, 2013.

Friday, May 10th, 2013

In the first operation, hackers infiltrated the system of an unnamed Indian credit-card processing company that handles Visa and MasterCard prepaid debit cards. Such companies are attractive to cybercriminals because they are considered less secure than financial institutions, computer security experts say.

The hackers, who are not named in the indictment, then raised the withdrawal limits on prepaid MasterCard debit accounts issued by the National Bank of Ras Al-Khaimah, also known as RakBank, which is in United Arab Emirates.

So they raised the withdrawal limits, but shouldn’t it have set off alarms if they tried to withdraw more than the amount on the prepaid card? Or did the people involved change that as well?

With five account numbers in hand, the hackers distributed the information to individuals in 20 countries who then encoded the information on magnetic-stripe cards. On Dec. 21, the cashing crews made 4,500 A.T.M. transactions worldwide, stealing $5 million, according to the indictment.

After securing 12 account numbers for cards issued by the Bank of Muscat in Oman and raising the withdrawal limits, the cashing crews were set in motion. Starting at 3 p.m., the crews made 36,000 transactions and withdrew about $40 million from machines in the various countries in about 10 hours. In New York City, a team of eight people made 2,904 withdrawals, stealing $2.4 million.

The Times notes this is bigger than Lufthansa. And no guns were involved (at least in the initial heist: one of the people alleged to be behind it was shot dead later on). As a connoisseur of hacks and heists, my hat is off to these guys.

Remember our old friends the Zeta cartel, and their plan to launder money by purchasing quarter horses? Guilty, guilty, guilty, guilty, not guilty.

Jesus Huitron, an Austin homebuilder and painter, was found not guilty. But José Treviño Morales, brother of two principal leaders within the organization, and three co-defendants were found to have poured millions of dirty dollars from the Zetas cartel into the U.S. quarter horse industry to hide their illicit origins.

Week of Gatsby: Day 4.

Thursday, May 9th, 2013

Following up on a previous entry: it is legal to download Gatsby in every country except for seven. The United States is one of those seven.

If you happen to live in a country other than those seven – say, for example, Australia – it is perfectly legal for you to download Gatsby from the local version of Project Gutenberg.

Also, I wanted to link to this week’s episode of “The Ihnatko Almanac”: (Edited to add: Fixed. Thanks, Lawrence.) Andy Ihnatko touches on Baz Luhrmann and Gatsby, though his primary topic is one we brought up the other day: Sebastian Faulks continuing the Wodehouse Jeeves novels.

(I also wanted to link this because if you listen to the first couple of minutes, you’ll hear a name you might recognize.)

(Important safety tip: be careful who you page, and who you send feedback to. They just might read your name on the air. Not that there’s anything wrong with that…)

Good time.

Thursday, May 9th, 2013

Travis County DA Rosemary Lehmberg is out of jail.

Lehmberg, who was sentenced April 19, served half of her jail term under a law that gives two days credit for every day served for good behavior.

(I think that’s pretty much SOP, but I Am Not A Lawyer. Just want to make it clear that I don’t think she got any special treatment.)

“In the coming days, Rosemary will be making arrangements to seek professional treatment and better understand her behavior,” the statement said. “She will also meet with members of her staff with whom she been communicating throughout the last 3 weeks.”

Random notes: May 8, 2013.

Wednesday, May 8th, 2013

“I have no idea, I have no idea,” said Philip Levine, the former United States poet laureate, who has lived in Fresno since the late 1950s. But his enthusiasm was tempered by worries over the proliferation of poets laureate. “If you gave the Congressional Medal of Honor to everybody who got drafted, in a way you water down the award,” he said. “Do all these towns need a poet laureate? That’s what I wonder. Does Fresno, for that matter?”

(Fresno is paying their poet laureate $2,000 for a two-year term.)

Paging Andy Ihnatko. Andy Ihnatko to the white courtesy phone, please.

(Seriously, this does not strike me as a good idea.)

“When things got tough or extremely difficult on the House floor, we could count on Jesse to bring levity to an otherwise daunting situation with a bad joke or a one-man skit,” she wrote. “Jesse was the highlight of our karaoke nights and always made everyone feel like an integral part of, and not apart from, various activities.”

“She” is Rep. Marcia L. Fudge (D-Ohio), chairwoman of the Congressional Black Caucus.

Edited to add: Ken over at Popehat has a post up flaming the LAT and other newspapers (and, sort of by implication, your obedient servant) for seizing on the karaoke angle and taking out of the context it was in.

More guns, less crime.

The Statesman has been all over the collapse of RunTex (a local running shoe store, which was also active in various community events) like flies on a severed cow’s head at a Damien Hirst exhibition. I haven’t paid much attention to the story because I’m not a runner and didn’t care about RunTex. I remember my sister (who competes in triathlons) telling me about going there a while back and being totally unable to find any shoes that fit her. (And my sister does not have giant mutant feet.)

In that vein, I found this Statesman column rather interesting. It looks like my sister wasn’t the only person who had that problem…

On recent, long Saturday runs with my Gazelle pace group, when the conversation meanders from work and family stories to movies and smoothie recipes, someone occasionally would mention that they had tried to buy a pair of shoes from the Riverside location’s diminishing selection. Stories of failed attempts to buy new shoes resonated. “I used to shop there all the time” had become a familiar sentence.

Edited to add: A friend of WCD told us a similar story in email; he went in looking for the Nike shoes that would work with their iPhone application and transmitter. They didn’t have any shoes in his size, let alone the Nike ones. When he inquired, they told him “We’re not a shoe store. We support the running lifestyle.”

“We support the running lifestyle.” WHAT THE FRACK DOES THAT EVEN MEAN?

“We’re not a shoe store.” Yeah. Now, you’re nothing.

This is just further evidence towards my theory: the problems with the American economy have much to do with the fact that nobody wants to take money for goods and services any longer. I’m not kidding: I can’t count the number of experiences I’ve had, or been told about recently, involving wanting to make a purchase and not being able to get help, get questions answered, or get people to take money.

Week of Gatsby: Day 3

Wednesday, May 8th, 2013

Why isn’t “The Great Gatsby” in the public domain? F. Scott Fizgerald has been dead for nearly 73 years, after all.

This is 19 Zillicoa Street in Asheville, North Carolina:


View Larger Map

This building is Homewood. Homewood was part of Highland Hospital, and was the home of Dr. Robert S. Carroll and his wife, Grace Potter Carroll. Dr. Carroll ran the hospital, and his wife taught music lessons. (Nina Simone was one of her students.)

In 1939, Dr. Carroll turned management of the hospital over to Duke University’s Neuropsychiatric Department. It was while Duke was managing the hospital that the final act of a great American tragedy took place.

On the night of March 10, 1948, a fire broke out at Highland. Various reports say the fire started in the kitchen and moved upwards through the dumbwaiter shaft. The fire escapes were made out of wood and also caught fire. By the time it was extinguished, nine women were dead.

One of the women who died was Zelda Fitzgerald, the widow of F. Scott Fitzgerald.

Zelda had a troubled life. I’m not an expert, but the consensus opinion I’ve seen is that she probably suffered from some form of bi-polar disorder, and medicated herself in an attempt to deal with it. She was in and out of Highland between 1936 and her death.

This is the closest thing I could find to an obituary for Zelda Fitzgerald. (Local cache if that doesn’t come up.) I hope wherever she is, she found the peace that evaded her in life.

(Information about Highland Hospital drawn from the NPS page.)

Municipal corruption watch.

Monday, May 6th, 2013

Hey, remember the city of Harrisburg, Pennsylvania? Sold bonds to build a new trash incinerator? Then sold more bonds to pay off the earlier bonds? Remember some jackass saying

If you or I did this, they’d call it a Ponzi scheme, and we’d be going to Federal pound you in the ass prison.

Good times, good times. Guess what?

In the first such settlement ever agreed to by a U.S. city, Harrisburg, Pennsylvania’s state capital, has agreed to settle Securities and Exchange Commission charges accusing the city of securities fraud for making “misleading public statements” as the cash-starved city’s finances deteriorated in the late 2000s and debts piled up in the wake of a failed public incinerator project and other questionable borrowing.

Yeah. That wasn’t an individual charged with securities fraud, that was the city itself. Noted:

Under the settlement agreement, Harrisburg didn’t admit it did anything wrong, and agreed to stop doing it.

This comes to our attention by way of Shall Not Be Questioned, which also points out that Mayor Linda Thompson (who is running for re-election) is a member of Criminal Mayors Who Don’t Want You To Have Guns.

Chester, Chester…

Monday, May 6th, 2013

Eric Toth is allegedly a bad guy. He stands accused of being a child molester and child pornographer. (I use the word “alleged” because he has not been convicted yet, though the evidence against him appears to be pretty strong.)

Toth was indicted on these charges in 2008 and went on the run. He managed to avoid capture, even though he was featured on “America’s Most Wanted” and made the FBI “10 Most Wanted” list, until a few weeks ago. Authorities found him in Nicaragua and shipped him back to the US to face charges.

Why do I note this here? Because there’s an Austin connection: Toth lived here for a while…

Colleagues knew the speaker under a different name as an Austin-based tech writer and computer technician they described as brilliant and friendly.

More:

The man people identified as Toth seemed to grow bolder. A few months earlier, he freelanced his first blog post for SMBNation, a small-business technology company, under an assumed name, according to people at the company and entries on the blog. In the months that followed, he contributed regularly to the blog on everything from Facebook’s initial public offering to cloud computing and wrote magazine articles.
An online biography says he was a “banker once upon a time” but didn’t much like it. The biography hints that “there’s even more to his story.”

He was invited to speak at a SMBNation conference in October, but skipped the country instead.

One of the big questions on my mind (and I’m sure other people in Austin are asking the same thing): did I ever meet this man?

Paul Mullen, the owner at the time [of P.C. Guru, where Toth worked – DB], said he had no reason to suspect the man, because his driver’s license and Social Security number checked out. Toth allegedly used bogus papers and stole identities during his time as a fugitive. The Post is withholding the name the man in Austin used because the identity may have been stolen, too.

I’m just going to point out that if you do a carefully crafted Google search using the phrase “banker once upon a time” and using the “site:smbnation.com” parameter, you’ll get results. And those results match the last name Toth was using when he was captured. (In Nicaragua, he was going by “Robert Shaw Walker“.)

I share some of the qualms the WP has, which is why I’m not directly linking to the bio on SMBNation. But I want to point out to the Posties that they’re not quite as clever as they think they are; the art of crafting Google searches like that is hardly arcane or mysterious.

(Also, SMBNation? You might want to address this somewhere on your site.)

Random notes: May 4, 2013.

Saturday, May 4th, 2013

I feel sure I’ve written before about the Feds and their effort to shut down the Mongols Motorcycle Club by…seizing their trademarks. Because, of course, not having a logo will deter members of the Mongols from engaging in criminal activity, and they’d never think of something like adopting a new logo, or doing without. After all, how can you make meth without a snazzy logo?

Oddly, though, I can’t find that post. But by way of Reason‘s “Hit and Run”, I have discovered a couple of updates:

  1. The Feds first effort to seize the Mongols trademarks failed. Badly.

    Loy and Alan Mansfield, an attorney with the San Diego-based Consumer Law Group of California, successfully challenged the Justice Department’s last effort to seize the Mongols’ trademark through the tool of asset forfeiture. Citing the government’s “unlawful action based on an ungrounded and unsubstantiated legal theory,” a federal judge also ordered the Justice Department to reimburse the attorneys $253,206.

    So not only did the government not get what they were looking for, they have to pay out a quarter million dollars worth of taxpayer’s money and clean up the garbage.

  2. Typically for the Federal government, if it doesn’t work, do it harder: they’ve filed to seize the trademark again.

In other news, I was considering writing an extended rant about the Statesman and their forthcoming paywall. But now I don’t have to: Lawrence has saved me the trouble, in a post with charts and graphs and words and all that good stuff. I commend it to your attention.

Random notes: May 2, 2013.

Thursday, May 2nd, 2013

Jimmy Savile isn’t the only British entertainer caught up in scandal:

…what surely qualifies as one of the more ambitious, and possibly quixotic, law enforcement investigations in Britain in recent years: Operation Yewtree, a nationwide inquiry into sexual offenses that may or may not have been committed decades ago. In American terms, it is as if Captain Kangaroo, Dick Clark and Jerry Lewis were suddenly being accused of committing sexual crimes dating back 30 or 40 years.

I don’t want to seem like I’m trivializing this. But going on:

The result has been a flurry of arrests, about a dozen involving very public people. But even as women’s rights advocates and others applaud a new era of openness, in which once-cowed victims feel able to speak out, lawyers for the high-profile suspects say that in the current climate, the accusers appear to be going out of their way to opportunistically target celebrities.

Among the people caught up in this:

One of the biggest names on the list is Rolf Harris, 83, an Australian-born artist, singer and children’s television host who, according to British newspaper reports, has been accused by a woman of sexually assaulting her when she was a teenager. Mr. Harris, also famous for his didgeridoo playing, performed for Queen Elizabeth II at her jubilee last year. Channel 5 pulled his two television programs off the air — “Olive the Ostrich” and “Rolf’s Animal Clinic,” which was showing in repeats — pending the investigation.

Jimmy Casino.

Monday, April 29th, 2013

Once upon a time, there was a man named James Stockwell who lived in Orange County.

Mr. Stockwell led a colorful life. He ran strip clubs on the Sunset Strip in the 1970s. He was also involved in credit card fraud and counterfeiting. Mr. Stockwell went away for a while.

When he came out of prison, he started a chain of hotdog stands called “Cowboy Hotdogs”. He raised a million dollars for his hotdog stands. But “Cowboy Hotdogs” folded; worse yet, Mr. Stockwell admitted that he stole $412,000 from his investors.

Mr. Stockwell, also known as “Jimmy Casino”, also ran the Mustang Topless Theater in Orange County. (Strippers, always with the strippers.) By 1987, he was in a bind: the IRS was going to shut down the Mustang because of “millions of dollars in unpaid taxes”, he didn’t have the money to make restitution payments to the “Cowboy Hotdogs” investors, and he owed other folks money. Serious other folks.

After years of staying a step ahead of the law and the people whom he owed money, Casino, 48, was ambushed at his Buena Park condo Jan. 2, 1987.”We’re getting paid to do this,” one of the two gunmen allegedly said.
They raped Casino’s 22-year-old girlfriend. Then they pumped three bullets into the back of his head with a silencer-equipped handgun before making off with credit cards, fur coats, jewelry and two of his cars.

25 years later, a man named Richard Morris Jr. is standing trial for the murder of Jimmy Casino. The investigators in the case matched DNA from Morris to DNA recovered from Casino’s girlfriend, and arrested him in 2008.

Casino’s death in 1987 was the opening salvo in a battle for control of the Mustang strip club in Santa Ana, which grossed $150,000 a month and had ties to organized crime.
Over the next 15 months, a financial backer of the Mustang was shot and blinded by a Los Angeles mob underboss who was convicted of attempted murder. Mustang bouncer “Big” George Yudzevich — a 6-foot-7 slab of intimidation who also happened to be an FBI informant — was shot to death in an Irvine industrial park; no one was ever charged.

I’m looking forward to the book about this case.

Spider-Man, Spider-Man…

Monday, April 29th, 2013

…robs whoever a spider can.

Several performers in Spider-Man suits have been detained briefly for questioning since the incident, police said. But as of Monday morning, none were identified as the thief, said Officer Chris No of the Los Angeles Police Department.

If this had happened in New York City, I’d blame Julie Taymor, Bono, and The Edge.

Letter from Travis County Jail.

Sunday, April 28th, 2013

Travis County DA Rosemary Lehmberg says she’s not going to run for re-election in 2016. She also says she plans to seek “professional help and guidance” once she’s released.

It may seem that I’ve been gloating about this case. I’m not. Truthfully, I feel bad for Ms. Lehmberg. I’m not an expert in substance abuse, but if she had blown a .09, I could chalk that up as the kind of mistake anyone could make. Driving around with a .239 BAC and an open bottle of vodka in the passenger seat makes me think there’s a problem. I respect Ms. Lehmberg for standing up and taking responsibility for her actions – including entering a guilty plea right away, rather than forcing a trial and all the conflicts that would result from her office prosecuting her. I think she’s doing the right thing by seeking professional help.

But I also feel that her actions have compromised the office. And as I’ve said before, the law is the law, and says she can be removed from office for intoxication. There’s no “good person” exception.

I hope Ms. Lehmberg gets help, and I hope she remains a respected member of the Travis County legal community. I hope she uses this experience to help other people in similar situations. But I believe she needs to do so as a defense lawyer, not as an elected prosecutor.

Random notes in great haste: April 27, 2013.

Saturday, April 27th, 2013

Heading out to the gun show, and then a ceremony at the university later on. Busy day coming.

The mayor of Patton Village, Texas, is no longer the mayor of Patton Village.

After a week-long trial, a jury convicted Pamela Munoz on two counts of abuse of official capacity and two counts of misapplication of fiduciary property, Montgomery County prosecutors said.

She was removed from office by the judge shortly after her conviction. Ms. Munoz still faces charges of tampering with government records: she was convicted of a felony in 1979, but lied about that conviction when she ran for mayor.

(Previously. Previously.)

Obit watch: the late great George Jones. NYT. LAT. A/V Club.

Radio silence.

Thursday, April 25th, 2013

There just hasn’t been much newsworthy in the past day or so. I’m having trouble working up energy to write about TMQ’s mock draft column (further proof that Easterbrook is more funny to himself than he is to real people). I’m also having trouble with the latest Travis County DA development:

More than 170 Texas attorneys filed a brief Thursday in support of jailed Travis County district attorney Rosemary Lehmberg.
Austin criminal defense attorney Betty Blackwell said that Lehmberg, who pleaded guilty Friday to driving while intoxicated, has received a harsh sentence of 45 days in jail, a $4,000 fine and a 180-day drivers license suspension.

“Hey, Rosemary? Betty. How are you doing?”
“Oh, I’m so glad to hear that. Listen, Rosemary, I need a favor.”
“Well, Rosemary, I’ve got this client…”
“Look, Rosemary, when you were in jail and needed a hand, I stood up for you. Now you’re not willing to help me out with a little deal here?”

This is exactly the kind of thing I was afraid was going to happen. And, you know, I’m not sure it makes a difference. The petition to remove Lehmberg is based on the law, and the law says you can get thrown out for being intoxicated. Lehmberg’s confessed to DWI. As far as I know, the law doesn’t say you can get thrown out for being intoxicated unless you get a bunch of your friends to testify about what a great person you are.

Anyway, instead of content, have a couple of photos.

austin1

This is the Austin skyline, facing south from the 27th floor observation deck of the Main Building at the University of Texas. (Yes, that observation deck.) Taken at 1/60 and f/22, with the Nikon 55-200 VR zoom at 55mm. Just to the right of the Capitol, you can see the Frost Bank Tower, or as some of us like to call it, “the nose hair clippers”.

capital1

This is the upper portion of the Capitol, taken at 1/30 and f/22 with the same zoom at 200mm, and cropped some in iPhoto.