Archive for the ‘Law’ Category

Banana republicans watch: October 18, 2012.

Thursday, October 18th, 2012

We may need a banana republicans police blotter, too.

The mayor of the city of Hawthorne has been charged with two counts of perjury.

[Daniel] Juarez is the second mayor of the South Bay city to be charged by the L.A. County district attorney’s public corruption unit and the third member of the council in recent years.

The charges against Juarez allege that he took a $2,000 cash contribution from the manager of a Gold’s Gym in Hawthorne, and didn’t report it. This was in 2010:

The gym closed in 2012 after filing for bankruptcy protection and defaulting on a $2.5-million loan from the city.

Which makes me say, “Gold’s Gym needed a $2.5 million loan from a municipal government to open? They couldn’t get a private loan? Doesn’t that…I don’t know…tell you something?”

Meanwhile, L.A. County Assessor John Noguez has been charged, along with two other gentlemen, with taking bribes to lower property taxes.

Last year, distric attorney’s investigators began probing secret, improper tax breaks granted to more than 100 wealthy Westside property owners since Noguez’s election. They also started looking into complaints from assessor’s office employees who claimed they were under pressure to lower property taxes for clients of prominent Noguez contributors, like [campaign contributor Ramin] Salari.

Salari, also indicted, allegedly “loaned” Noguez $180,000, and contributed $5,000 to his campaign. The indictment apparently alleges that the contribution and the “loans” were actually bribes; supposedly, bank records show that repayment of the “loans” started after the LAT began asking questions.

(The third person indicted is Mark McNeil, Noguez’s aide.)

TMQ watch: October 16, 2012.

Tuesday, October 16th, 2012

Another Tuesday has rolled around, and it is time to take a stab at this week’s Tuesday Morning Quarterback. Once again, we’re going to slash our way through the thickets of Easterbrook’s prose, hacking away at logical fallacies when we see them and using our sharp wit to puncture pretense.

After the jump…

(more…)

Random notes: October 16, 2012.

Tuesday, October 16th, 2012

As expected, the NYT has a longer story on the “Rebecca” arrest.

The stockbroker, Mark C. Hotton, collected $60,000 for his efforts before his arrest early Monday by federal authorities, who described the scheme as a complex fraud that was “stranger than fiction.”

It looks like Hotton was using some of the same phony “investors” to scam other people as well. And:

…Mr. Hotton and several accomplices, including his wife, Sherri, had secured $3.7 million by creating sham invoices for companies they controlled and selling that debt at a discount to unsuspecting companies.

I’d never thought of that kind of scam before. That’s clever.

George Whitmore Jr. died a week ago Monday.

(waits for the cries of “Who?” to die out)

Whitmore was at the center of a famous criminal case in 1964. He was picked up for “questioning” by the police for an attempted rape; by the time the police finished their interrogation, he’d confessed to three murders (including the murders of Janice Wylie and Emily Hoffert, aka the “Career Girls” murder case).

Whitmore later recanted his confession, and the police developed evidence showing someone else was responsible for the Wylie/Hoffert murder. Ultimately, all the charges against Whitmore were dismissed.

The Supreme Court cited Mr. Whitmore’s case as “the most conspicuous example” of police coercion when it issued its 1966 ruling in Miranda v. Arizona, establishing a set of protections for suspects, like the right to remain silent. Mr. Whitmore was tried several times in the Edmonds murder, with each trial ending in a hung jury.

The city of Eagle Rock, California, had an election over the weekend. Eagle Rock is engaged in a fight over medical marijuana dispensaries: the neighborhood council passed, and then repealed, a ban. On the pro-dispensary side is the United Food and Commercial Workers union, which has “organized workers at more than two dozen dispensaries across the city”.

Here’s interesting thing #1:

City rules allow anyone who does business in a neighborhood to cast a ballot as an “at-large stakeholder.” [Rigo] Valdez [of the UFCW union] urged supporters to “go into Eagle Rock and purchase gas, coffee, or whatever … and keep a receipt as proof” of doing business in the neighborhood.

And here’s interesting thing #2:

Most disturbing to some neighborhood activists were fliers circulated before the vote that promoted pro-dispensary candidates and offered $40 of free medical marijuana to those who could show evidence of casting ballots.

Only two of the pro-dispensary candidates won, but I can’t tell from the LAT article how many seats were open, or what the pro/anti-dispensary breakdown on the council was before the election.

James Kwon is the “Maritime Director” of the port of Oakland. James Kwon was in Houston for a conference in 2008. James Kwon decided to take “about a dozen shipping industry executives” out for a party.

James Kwon decided to take them to Treasures. I probably don’t need to tell you what Treasures is, as I imagine you can guess. Strippers. Always with the strippers. Mr. Kwon spent $4,537 on this “drink and dinner” reception. (If you figure 13 people, including Mr. Kwon, that’s about $349 per person. That seems like a lot for strip club food, but I’ve never been to Treasures. Maybe they have Beef Wellington. And who knows what they paid per drink for strip club drinks.) Now port officials are asking questions, four years after the fact.

Kwon’s strip-club spending spree didn’t come to port officials’ attention until just recently. The timing is especially terrible for the port, which is in the midst of a protracted labor fight with maintenance and other workers over terms of a new contract.

As the HouChron notes, Treasures also has a colorful history of “prostitution, drug dealing, weapons crimes and sexual assaults”.

I’ve written previously about the strange and sad case of Robert Middleton, and the legal wrangling over whether the boy who set him on fire can be tried for murder. New development:

…[Montgomery County attorney David] Walker has dismissed the murder petition he had filed against [Don] Collins seeking to have his case transferred from juvenile to district court and plans to refile it as a felony murder. This charge requires the murder to have occurred in conjunction with the commission of another offense – in this case the alleged sexual assault.

Almost as much fun as the circus.

Monday, October 15th, 2012

I’ve written previously about the election results in the notoriously corrupt California city of Vernon. When last we left Vernon, the city council had decided they were going to hire a hearing officer and conduct their own inquiry into alleged voter fraud, after the LA County registrar refused to throw out some of the ballots.

Well, the results of the hearing are in.

If approved by the City Council, the decision would tilt the race in favor of candidate Luz Martinez, a former secretary to Vernon’s top administrator, who had trailed 34 votes to 30. It would also reverse a previous decision made by the Los Angeles County Registrar-Recorder, which dismissed the voter challenges this summer and called the race for Martinez’ opponent, Reno Bellamy.

Mr. Martinez was endorsed by the Vernon Chamber of Commerce, which also supported the vote challenge.

To be fair, however, the hearing officer (who was paid “nearly $1,000 an hour” by the city) “sided against the Chamber in two cases where voters claimed multiple residences”. Good to know.

Mulligan update.

Monday, October 15th, 2012

Remember Brian C. Mulligan, the Deutsche Bank executive who was suing the city of LA for $50 million dollars after a series of unfortunate events? (The whole story is too long and bizarre to summarize here; the above link takes you to a longer account.)

It seems that Mr. Mulligan had an encounter with the Glendale PD a few days before his wild night with LAPD. It also seems that Glendale PD recorded that encounter. And it seems that Mr. Mulligan admitted using “bath salts”.

On the recording, Mulligan acknowledged snorting the bath salts as many as 20 times. He said he had been trying to find something to help him sleep because he has a “stressful job” and travels extensively. He said he tried to throw the bath salts away and promised the officer to never buy more.

(You may recall from the previous article that Mr. Mulligan was prescribed “medical marijuana” for “insomnia”. Guess that didn’t work.)

Last night I dreamt I went to Rikers again.

Monday, October 15th, 2012

Deadline Hollywood Daily is reporting the arrest of Mark Hotton, the man who allegedly faked four investors for a Broadway production of “Rebecca”, the musical. (Previously. Previously.)

This hasn’t been picked up by the NYT yet, from what I can tell, but the arrest only took place a few hours ago; I expect more coverage later in the day or tomorrow.

(Subject line explained for those who don’t get the reference.)

Sunday morning link roundup.

Sunday, October 14th, 2012

Some of these are things I promised other people I’d send them a link to, some of these are things I wanted to note in passing.

Here’s the Merlin Mann “Flocked Up” video from the “Worst Website Ever” panel at SXSW 2008. This is where “your (x) is one of the three to fifteen most important things to us” comes from.

HouChron article about women in the brewing profession, complete with photos of the Saint Arnold Brewing Company’s female brewer. The photos in the slide show aren’t quite as good as the one they ran on the front page – the one that made me click through to the article – but they do make me want to try more of the fine products of the company.

I haven’t linked this previously, since many of the people in my circle had already seen it. It turns out that a few haven’t, so: the Ars Technica “I am calling you from Windows” story about Indian “technical support” scammers.

The first set of verdicts came down late Friday in the Austin nightclub trial. (Previously.) I’d also commented that I didn’t think the trial was going all that well for the prosecution: as a matter of fact, the defense rested without presenting any evidence or calling any witnesses, which you have to figure is a sign of confidence that the prosecution does not have a case.

Two of the three Yassine brothers were found guilty of money laundering: Hussain Ali, known as “Mike”, and Hadi. Mohammed Ali Yassine, aka “Steve” was acquitted on the money laundering charges; however, the Statesman says he’s going to be tried on drug charges later.

Basically the only evidence the prosecution had was the word of one of the Yassine cousins, who was a paid federal informer, and who confessed to drug use and theft under oath. My record so far in predicting trial results is mediocre at best, but I would not be shocked to see the convictions overturned on appeal.

And I didn’t actually bring this up, but it came up, and would be useful to link, so: the Wired article about “Cow Clicker”.

A history of violence.

Friday, October 12th, 2012

Daniel Bissman admitted liaisons with prostitutes. When he applied for the job, he was still on probation for punching a man unconscious. Then there was his drug use, dishonesty and involvement in what he estimated to be as many as 100 domestic violence incidents, according to confidential sheriff’s employment records reviewed by The Times.

The job he applied for was “courthouse security guard”. Apparently, Mr. Bissman would not be carrying a gun in this position (which makes me wonder what the point is). And anybody can apply for any job, of course.

Despite an extensive background investigation detailing Bissman’s misdeeds, he was hired for the $25,944-a-year job in November 2009. After a reporter’s inquiry, Bissman, 36, was placed on leave and an internal sheriff’s investigation was launched into the circumstances of the hiring, including whether Bissman received special treatment, according to a department spokesman.

By the way, Mr. Bissman’s mother “is the longtime personal secretary for Undersheriff Paul Tanaka”.

Torah watch.

Friday, October 12th, 2012

Way back in January of 2010, I noted in passing a WP article about Rabbi Menachem Youlus and his “Save a Torah” foundation. Rabbi Youlus claimed to have traveled to Europe repeatedly in order to rescue Torahs that had been misplaced or lost during the Holocaust; the WP suggested that his claims were more than a little exaggerated.

There’s an update:

A federal judge in Manhattan on Thursday sentenced Youlus to 51 months in prison, plus three years probation, for defrauding contributors to his Save a Torah Foundation and peddling scrolls with bogus Holocaust provenance. He also was ordered to pay $990,366.05 in restitution to his victims.

Two from the Times: October 12, 2012.

Friday, October 12th, 2012

Wyclef Jean, a musician, had a charity called Yéle devoted to helping the people of Hati.

The key word there is “had”.

But on his book tour for “Purpose: An Immigrant’s Story,” Mr. Jean, who made an aborted bid for the presidency of Haiti after the earthquake, neglects to mention two key facts: a continuing New York attorney general’s investigation has already found financial improprieties at Yéle, and the charity effectively went out of business last month, leaving a trail of debts, unfinished projects and broken promises.

More:

In 2010, Yéle spent $9 million and half went to travel, to salaries and consultants’ fees and to expenses related to their offices and warehouse. In contrast, another celebrity charity, Sean Penn’s J/P Haitian Relief Organization, spent $13 million with only 10 percent going to those costs.

How much does your charity have to suck to make Sean Penn look good?

And more:

Though Mr. Penn’s group spent $43,000 on office-related expenses, Yéle spent $1.4 million, including $375,000 for “landscaping” and $37,000 for rent to Mr. Jean’s Manhattan recording studio. Yéle spent $470,440 on its own food and beverages.

Some of Yéle’s programming money went to projects that never came to fruition: temporary homes for which it prepaid $93,000; a medical center to have been housed in geodesic domes for which it paid $146,000; the revitalization of a plaza in the Cité Soleil slum, where supposed improvements that cost $230,000 are nowhere to be seen.

But the NYT isn’t all politics and scams and fraud all the time. Sometimes, they let people loose to have a little fun. Or, sometimes, the editors step out for the day, and the children get to play unsupervised. I can’t decide which one applies here:

Buffalo mozzarella is the Great White Whale of American cheesemaking: a dream so exotic and powerful that it drives otherwise sensible people into ruinous monomaniacal quests. Despite all the recent triumphs of our country’s foodie movement (heirloom-turkey-sausage saffron Popsicles; cardamom paprika mayonnaise foam), no one in the United States has, as of yet, figured out how to recreate precisely this relatively simple Old World delicacy — a food with essentially one ingredient (buffalo milk) that is made every day in Italy. Over the last 15 years, in fact, the attempt to make authentic buffalo mozzarella — to nail both its taste and texture — has destroyed businesses from Vermont to Los Angeles. It seems truly doomed. “A Polar wind blows through it,” Melville might have written about it, if he had been a food writer, “and birds of prey hover over it.”

Quickies for October 11, 2012.

Thursday, October 11th, 2012

The vast majority of people renting homes for this weekend’s Austin City Limits Music Festival could be breaking the law, as only four houses out of an estimated 1,500 short-term rental properties had the required license to operate as of Wednesday.

The city implemented the new rules on short-term rentals ten days ago. Odd how that hasn’t been a problem for the last couple of ACL festivals, but yet the city felt compelled to make a new set of rules anyway. (Yes, it may also have something to do with the F1 race as well, but again, there haven’t been reports of massive short-term rental problems with ACL, or SXSW, or UT football games, or (fill in the blank).)

“It isn’t our desire to be punitive,” Christianson said. “We just want people to have a safe place to stay when they come to Austin.”

Because, of course, people are too dumb to make that decision on their own.

More Alex Karras: NYT. A/V Club.

The question before the court was whether Mr. Ndao was enough of an expert in Senegalese spells to testify at the murder trial of Bakary Camara, 42, who says he killed an ex-girlfriend last fall under the influence of evil spirits. He has pleaded not guilty to charges that he murdered the woman, Rita Morelli, 36.

The answer was “no”.

Unfortunately, the Squirrel Report is off the air this week. Which is a darn shame, as not only could they talk about “Commander Squirrel”, but they could also cover this story:

Since the beginning of September, the center has taken in some 400 abandoned baby squirrels, the most in three decades, if you leave out the Ike year.

(Story includes many cute photos of baby squirrels being fed, exactly the sort of thing that’s up Weer’d’s alley.)

Once again, I feel some obligation to comment on the Lance situation. It is looking like option #2 on my list may actually have turned out to be true. But I want to sit down and actually read the USADA report first, and I haven’t had time to do that. (I’m trying to finish the book I’m currently reading, I need to work on the Stanford Computer Networking class, I’m working on planning a birthday celebration, there’s still a movie I want to see, and some other things going on. Plus, tubular bells.)

Anyway, I’ll try to get to it, maybe over the weekend if I can manage to knock out the Stanford stuff.

Quote of the day.

Wednesday, October 10th, 2012

The problem is that Think Progress, Huffington Post, and BoingBoing are full of shit.

—Ken @ Popehat

I commend this post to your attention, as not only does it masterfully dissect the idea that the law should be what we feel it should be, rather than what it actually is, but it also points out gross misconduct by Antinous, a Boing Boing moderator.

More from Ken:

I’m outraged that the prosecution made a lousy and seemingly inexplicable call. I’m outraged that someone who sexually assaulted a profoundly handicapped woman goes free because of incompetence. But I’m not outraged that the state has to prove that you’re guilty of the specific crime you’re charged with to put you in prison.

(It is probably worth pointing out that this has some relevance to the Mirkarimi situation. Yes, he thumped his woman. Yes, he was convicted of a crime. But the arguments of the people who opposed his firings are that the mayor doesn’t have the authority to fire Mirkarimi, and that his crime took place before he was in office, so it shouldn’t count. I don’t much like these arguments, but I’m having trouble sorting out whether I don’t like them because that’s the way I feel the law should be, rather than the way it actually is, even if “the way it is” is stupid in my opinion.)

Bad sheriff. No biscuit. No, wait…

Wednesday, October 10th, 2012

I’ve written previously about San Francisco Sheriff Ross Mirkarimi, who has been convicted of domestic violence.

The mayor of San Francisco needed nine out of eleven votes from the city’s Board of Supervisors to fire Sheriff Mirkarimi.

He didn’t get them.

Four members of the board rejected Lee’s call that Mirkarimi be permanently removed for committing official misconduct, an allegation that stemmed from a New Year’s Eve fight with his wife for which he later pleaded guilty to a misdemeanor count of false imprisonment.

Life imitates:

Monday, October 8th, 2012

An episode of “Seinfeld”:

California’s generous recycling redemption program has led to rampant fraud. Crafty entrepreneurs are driving semi-trailers full of cans from Nevada or Arizona, which don’t have deposit laws, across the border and transforming their cargo into truckfuls of nickels. In addition, recyclers inside the state are claiming redemptions for the same containers several times over, or for containers that never existed.

A WCD post:

In what was billed as a major foreign policy address, Mitt Romney blasted President Obama’s leadership in the Middle East on Monday, saying that a withering of American resolve had made the region a more dangerous place where the United States has less leverage.
“Hope is not a strategy,’’ Romney said.

Quick followups.

Monday, October 8th, 2012

Remember the rapist HPD cop? The jury handed down his sentence: life in prison.

He’ll be eligible for parole after 30 years.

And the latest update on the “Rebecca” front: those four investors, including the one who supposedly died of malaria, never existed. At least, according to the producer’s lawyer. Still unclear: what was the motivation to make these people up?

(Darn shame that “Law and Order” isn’t on any longer. This story is starting to read like an episode of that series. And I can’t really see how you’d fit this into “Kinky Sex Crimes” – er, I mean, “Special Victims Unit”.)