Archive for the ‘Law’ Category

Random notes: May 15, 2013.

Wednesday, May 15th, 2013

Obit watch: “flamboyant swindler” Billie Sol Estes. NYT.

Mr. Estes’s daughter Pamela Padget said that he died in his sleep and was found in his recliner.

The AP adds the telling detail that he died with chocolate chip cookie crumbs on his lips.

Billie Sol was a little before my time, much less the time of some of my younger readers, but the NYT gives a good one-paragraph summary:

Nonexistent fertilizer tanks. Faked mortgages. Bogus cotton-acreage allotments. Farmers in four states bamboozled. Strange “suicides,” including a bludgeoned investigator shot five times with a bolt-action rifle. Assassination plots. Jimmy Hoffa and Fidel Castro. Jack Ruby and Lee Harvey Oswald.

Paging Mayor Bloomberg! Mayor Bloomberg, white courtesy phone, please!

…the new expert committee, commissioned by the Institute of Medicine at the behest of the Centers for Disease Control and Prevention, said there was no rationale for anyone to aim for sodium levels below 2,300 milligrams a day. The group examined new evidence that had emerged since the last such report was issued, in 2005.

I remember when the blood alcohol limit was 0.10%. I remember the arguments at the time for and against lowering the limit to 0.08%. The one question I had was: how many accidents were caused by drivers who were at 0.08% or above, but below 0.10%? I never got an answer to that question, and it didn’t matter anyway, since the government issued a decree:

Initially, Congress choose the carrot over the stick, creating a $500-million incentive fund to coax states into enacting the 0.08% standard. But after only a few states did, lawmakers voted in 2000 to require states to set a 0.08% blood-alcohol level or lose millions of dollars in federal highway funds. Currently, all states use the 0.08% standard to define drunk driving for non-commercial drivers ages 21 and older.

And now the government is talking about dropping it down to 0.05%. Again, I ask: how many accidents are caused by people at or above 0.05% but below 0.08%? There was a report on Reason‘s website (I can’t find it right now) that estimated “500-800” lives saved per year by lowering the limit to 0.05%. But does this take into account the number of lives that might be lost by diverting police resources to pursue drivers at the 0.05% level, instead of pursuing other crimes?

…the board’s recommendation came on the 25th anniversary of the nation’s worst drunk-driving crash when an intoxicated driver, going the wrong way on Interstate 71 near Carrollton, Ky., killed 24 teenagers and three adults on a school bus and injured 34 others.

Larry Wayne Mahoney, the intoxicated driver, had a 0.24% BAC at the time of the crash, so he was already DWI even by 1988 standards, let alone the 2000 standard or the proposed 0.05% standard. Most of the serious DWI accidents I hear about involve people who are above – in many cases, way above – the 0.10% mark. Would we save more lives going after the highly intoxicated drunk; the guy who blows a 0.20% or the gal who blows a 0.25%?

Random notes: May 14, 2013.

Tuesday, May 14th, 2013

Dr. Joyce Brothers. NYT. LAT. I think my older readers are aware of this bit of trivia, but I insert it here for the benefit of the younger set:

Milton Brothers’s residency paid $50 a month. Joyce Brothers, who had a steel-trap memory, decided to supplement their income by appearing on a quiz show. She settled on “The $64,000 Question,” produced in New York and broadcast on CBS. On the show, contestants answered a string of increasingly difficult questions in fields of their choosing.

Dr. Brothers quickly saw that the show prized incongruous matches of contestant and subject: the straight-backed Marine officer who was an expert on gastronomy; the cobbler who knew all about opera. What she decided, would be more improbable than a petite psychologist who was a pundit of pugilism?

She embarked on weeks of intensive study, a process little different, she later said, from preparing to write a doctoral dissertation. She made her first appearance on the show in late 1955, returning week after week until she had won the top prize, $64,000 — only the second person, and the first woman, to do so. She later won the same amount, also for boxing knowledge, on a spinoff show, “The $64,000 Challenge.”

I spent a lot of time yesterday trying to find the specific question Dr. Brothers answered for “The $64,000 Question”. The NYT has the answer, I think (the writing in that last paragraph is a bit fuzzy).

In other news, the HouChron reports that the Dallas Police Department is giving the “police commendation award” to retired detective Jim Leavelle. Why does this matter? Well, you probably know who Jim Leavelle is, but not by name:

That’s Leavelle in the hat handcuffed to Oswald.

Random notes: May 12, 2013.

Sunday, May 12th, 2013

Remember Detective Louis Scarcella, aka one of the “likeable scamps” who put David Ranta away for 22 years?

The other shoe has dropped.

The [Brooklyn district attorney’s] office’s Conviction Integrity Unit will reopen every murder case that resulted in a guilty verdict after being investigated by Detective Louis Scarcella, a flashy officer who handled some of Brooklyn’s most notorious crimes during the crack epidemic of the 1980s and 1990s.

More:

The development comes after The New York Times examined a dozen cases involving Mr. Scarcella and found disturbing patterns, including the detective’s reliance on the same eyewitness, a crack-addicted prostitute, for multiple murder prosecutions [Emphasis added – DB] and his delivery of confessions from suspects who later said they had told him nothing. At the same time, defense lawyers, inmates and prisoner advocacy organizations have contacted the district attorney’s office to share their own suspicions about Mr. Scarcella.

And more. I don’t want to quote the entire article, but this is an important paragraph because it illustrates a key point: what you post on the Internet doesn’t disappear.

A prosecutor’s view of Ms. Gomez is available in an Internet posting on a cigar-smokers forum. Neil Ross, a former assistant district attorney who is now a Manhattan criminal court judge, prosecuted the two Hill cases. In a 2000 posting, he reminisced about a cigar he received from the “legendary detective” Louis Scarcella as they celebrated in a bar after the Hill conviction.

In the post, Mr. Ross said that the evidence backed up Ms. Gomez but acknowledged, “It was near folly to even think that anyone would believe Gomez about anything, let alone the fact that she witnessed the same guy kill two different people.”

Ms. Gomez is the crack addicted prostitute mentioned above. She’s dead now.

Have you ever wondered what it is like to manage a motel in the Rundberg/I-35 area? The Statesman has your answer.

(Note to my out-of-town readers: the Rundberg/I-35 corridor is notorious as a haven for drug dealing and prostitution.)

Austin politics note (readers who aren’t into Austin politics can skip this one):

We had an election yesterday. Specifically, we were asked to vote on bonds for the Austin Independent School District.

There were four bond proposals on the ballot, totaling $892 million. That’s right: AISD wanted to issue nearly one billion dollars worth of bonds.

This is one of the few times where I’ve actually seen organized opposition to a bond election in Austin. There were a lot of large “vote no” signs in yards and in front of businesses. Surprisingly, even the Statesman came out and opposed the bonds. (Our local alternative newspaper, the Austin Chronicle, endorsed the bonds. But the AusChron has never met a tax, a bond issue, or a government boondoggle they didn’t like.)

The end result: half the bonds passed, and half the bonds failed. This is kind of a “WTF?” moment: you’d figure the voting would go all one way or the other. Then again…

Proposition 2, which totaled $234 million, would have relieved overcrowded schools, which district officials said were among the most critical needs on campuses. The proposition contained three new schools and campus additions that district officials say are desperately needed. It also would have funded a 500-seat performing arts center at the Ann Richards School for Young Women Leaders, something critics called a luxury.

“a 500-seat performing arts center at the Ann Richards School for Young Women Leaders”?!

Proposition 4 would have provided $168.6 million for academic programs, fine arts and athletics. That measure had several controversial proposals in it, most notably $20 million for renovations to the old Anderson High School to create an all-boys school.

Those are the propositions that failed.

Proposition 1, which passed by just a few hundred votes, will provide $140.6 million for health, environment, equipment and technology. The bulk of Proposition 1 will go to technology upgrades, including new computers and networks, and will pump money into energy conservation initiatives.

Proposition 3, the other one that passed, “provides money for renovations across the district”. Proposition 1 and 3 together total out to $489.6 million, and “will add $38.40 to the property tax bill for a $200,000 home.”

Not Since Nixon.

Friday, May 10th, 2013

The Internal Revenue Service on Friday acknowledged that it flagged political groups with “tea party” or “patriot” in their names for special scrutiny when they applied for tax-exempt status, an admission that is fueling long-held suspicions among conservatives that the agency has been singling them out for unfair treatment.

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.