Thanksgiving was really good. I had a great time hanging with the family. Of course between courses, we had a long discussion about the Penn State situation. Then just as the Penn State Drama begins to simmer down, (I will not rehash the last 250 or so comments, the most ever on this blog, just click the link above.) Syracuse University fires its long time Assistant Coach Bernie Fine. Now originally Syracuse put him on paid leave, but another person has come forward to announce he was molested by Fine and a tape of Fine's wife is offered where she admits she had sex with a the then 18 year old ball boy who claims Fine molested him until he was 28...,(really, 28? Okay that is going to provide some fodder for the defense.) This story is getting more sordid by the day, yet I am so very unimpressed with yet another major University refusing to let the legal system do its job and waiting before casting dispersions upon someone based on what so far appears to be fairly flimsy "facts." My big question is "How are these guys ever going to get a fair trial??"
OK onto another Scary College Professor story. This one involves Professor Grant D. Smith an eEngineering
Prof from Univ. of Utah who, while flying first class to Boston, takes out his laptop and begins to watch alleged Child Porn!! Fellow passengers in First Class take out their phones and take pictures of what he is watching, they then send those pics to a family member who then calls the cops to report Smith to the authorities, where he is arrested at Logan Airport. This ought to be interesting. There are like 10 crimes here. Smith possession of Child Porn, using a cell phone while in mid air (aren't you supposed to turn them off? I don't know any more I haven't flown in a long while but this article in Sunday's NY Times makes me think you still must power off.) Possession by the picture taker/witness, transmission in interstate commerce to the friend, the friends receipt and possession of child porn, his transmission to police of same. Interesting no?? Smith's defense team will not be allowed to have the photos to see if they are real or nor how they could have gotten on his laptop because the government restricts the access to these photos to include not allowing the defense to have them. Of course the Just-Us Dept. lawyers can have them anytime they want and send them where they want to "test them"etc.
So far it appears that the state is prosecuting, however I think this will soon be taken federal as the penalties for possession of child porn carry such harsh jail times that the possessor prosecuted by the feds, will face far more time than the person doing the molesting will as the molester only is prosecuted in state. Further proof that criminals have no lobby in Congress.
In this case, Smith faces an uphill battle given the photos taken, but then again, we should know not to jump the gun on these things. At least Univ of Utah has a sane approach. The Professor is placed on Admin. leave, until the case is completed, then if guilty he is fired. Seems reasonable, let the courts run their course then decide. Wish Penn State and Syracuse would have shown similar trust in the judicial system to let it do its job.
As for Smith, I would eschew the usual suspect criminal attorneys and get one that works significantly in Cyber-sex crimes. The area is becoming an important sub-specialty of Criminal Law and he will need that expertise to help him avoid a very VERY long jail term.
I remember sending my boys to college campuses in the summer to learn from the college coaches how to play soccer. We also sent them to scholastic camps at Northwestern, Princeton and to the World College in Italy to learn debate skills. I spoke to my sons about those experiences and about whether those were positive experiences. Both acknowledged they were. I asked about the relationships between the participants and the teachers and both said they saw nothing inappropriate, but that the opportunity for abuse is always there, especially in Summers on large campuses with few people around but with lots of buildings. I think if there is any fall out from these scandals, it has to be how parents are going to determine if they can trust the adults with whom they entrust their children. I have no answer, but I think we really need to look into the supervisory relationships, staffing, dorms, and other things before we send the kids into even the most prestigious opportunities.
In another Cyber/ Interent Crime related story, Yahoo provides us with the 25 dumbest passwords. If you use one of these passwords, you are either asking to get hacked or you are a moron. I mean really a password called "Password"? 123456? ABC123?? Who are you the Jackson 5??.
A strong password is made up of letters that do not spell out a word, and those letters should be a mix of Upper and lower case letters. Add some numbers and some signs ie: (!@!@#$#%$%^&). Hence Hb3%eI2* would be a fairly strong password. (Now PLEAASSSEEEE don't use that as a password...) Sigh...
Lastly I thought you would all get a kick from this story about how it is illegal to hail a cab for someone you aren't traveling with in NYC. It is a little known law but it provides a cop with probable cause to stop you and even if that PC escalates to search you. The law was aimed at the Squeggy men. There are some decent underpinnings to the law, but I think it lends itself to selective prosecution defenses. It might be a trite over-broad and vague too.
Anyway, flame away all you rush to judgment types out there. For those who have a few ideas on how to judge what camps and opportunities are safe for kids please leave a comment. For any one with ideas on Safety of Identity please share your knowledge.
Happy Thanksgiving.
Showing posts with label Justice Department. Show all posts
Showing posts with label Justice Department. Show all posts
Are Some Lives Worth More Than Others?: Only Your Prosecutor Knows
Today, two people will be sentenced for killing innocent others. One person will have made a series of very bad decisions while intoxicated ending in her killing a young girl age 11. The other will have made a conscious decision to kill 11 people. The former will receive a sentence of 12 years in jail. The latter will be released after only doing 8 years while he awaited sentence. The former is a young mother of a pre-teen girl, the latter was a mob hitman. The former, the mom who killed an 11 year old by driving recklessly while intoxicated, spawned a law that makes it a felony to drive intoxicated with a child in the car. The latter Mob hit-man will reinforce the idea that you can kill at will as long as you are willing to give up others, even if you lie to do it.
The young mother is Carmen Huertas. She made a decision to get into a car with 6 children (one was her own) and drive them home from a slumber party after she had embibed enough alcohol to blow a .13 BAC. (Not that I think BAC's are the least bit accurate but given her other behaviors that night I would think there was enough other evidence of intoxication to prove she was guilty. You can read the story here and decide for yourself. She was sentenced to a indeterminate sentence of 4-12 years in jail. She could theoretically be eligible to get out on parole in three years and five months
but given just the fact that this was a DWI and the fact that it was the type of death that brings out everyone against the defendant, she will likely do the whole sentence before she is released less any "good-time" she may accrue (about 1.8 years off the top number or 10.4 years in prison so far.)
The mob hit man is Sal (Good Looking Sal) Vitale, former underboss of the Bonanno crime family. Sal was an early follower of another neighbor Joe (Big Joe) Massino, the boss of the Bonnano crime family. Both men grew up in my old neighborhood in NY. Sal was always noted for how good his hair looked. I should know, he used to go to get his hair cut in the same barbershop as I did. He was a big deal there among the Italian barbers. They all knew who he was. I blissfully did not. I did notice he seemed like any other guy who went there. Slightly pampered and otherwise kind of nice. He always went with friends.
About 10 years ago, Sal and his Brother-in-law childhood hero Joe Massino got indicted. Joe was pretty jealous of Sal's popularity among the other under bosses in "the family". He was afraid that Sal may be so much better liked than he, that he ordered someone kill him. The feds moved in to save Sal's life. Sal was infuriated and so he turned on Joe and everyone in the old life. He had enough information to identify over 500 men as either members of or affiliates to the five families of NY. He also had enough information to put 50 of these men behind bars for a long time, some even for life.
Sal Vitale was a cold blooded killer. He didn't have to be. He had smarts. He was a former corrections officer, and he owned a series of small businesses that would have made money for him with or without patronage from Joe Massino and company. Instead, he helped end the lives of at least 11 men and maybe more. He made it possible for others to kill without being punished. He ran loan-sharking and illegal gambling operations. He provided protection for drug dealers and houses of Prostitution. He also however danced to the Governments tune. He turned and he will be rewarded. Is he sorry he was a creep, a killer, a monster? Only he knows. He knew however he created that man. If he could, would he turn down the life he led? Would he walk away from the jaunts to Vegas and Atlantic City? Would he give up his house in Dix Hills for all those years. Would he not have had the fancy haircuts and manicures he got that earned him the nickname "Good looking Sal"? If he knew he would never get caught would he? Or would he have preserved that life even if it meant killing eleven more people. Eleven more fathers brothers sons?
Carmen Huertas, a 31 year old mother who would like to take back about 2 hours of her life. Whether she was found guilty or not, the taking of that child's life would have stayed with her forever. Her chance of ever getting behind the wheel of a car drunk again, would be less than zero.
Jail is supposed to be for punishment and corrections. I fail to see the sense in this today. Carmen Huertas should have been sentenced to 1-3 years and should have been ordered to a program to address her drinking issues. Sal Vitale should have been sentenced to at least a long long period in jail. He could have gotten Death had he not cooperated. His getting a free pass calls into question every detail to which he testified. His testimony was bought and paid for by the government. He knew if he danced to their tune he would walk away, a free man, new identity, new home, new business.
As she addressed the court she said ""I am not a monster," "I am a loving mother who made a terrible decision that caused the death of a wonderful child."
She is right, her behavior was monstrous, but she herself is not a monster she just in fact made a horrendous decision that will forever effect the world of Leandra's family and her own.
Does anyone wonder if Sal Vitale could make the same statement? Is it fair that the prosecution can make these decisions based on how much they were helped? Is it fair that Vitale's victims should get nothing in the way of satisfaction for the loss they suffered?
Huertas is in jail, mostly because of who her victim was, and what that victims family wanted. Vitale is free despite what his victims want and despite what fairness dictates. She is sorry. Given the chance she would not be likely to repeat her poor judgment. He, well you decide: is he sorry or sorry he got caught? Given the chance, would he have turned down all the things his life gave to him and his family or would he have killed again and again, knowing he would never get caught?
The lives of poor people and the lives of rich have different values in a court of law. The lives of people who die at the hands of those that can give the prosecution what it wants, and the lives of those killed by someone who has nothing but remorse to give, have different values. Neither of these are fair, they just are.
If you ever serve on a jury however, when one of these rich powerful guys testifies, and he says he is not getting anything for his testimony, remember, that is just not true. Never was, never will be. They are just monsters who the government is paying to be tell they government's story, whether it be true, or not. Whether they be monsters... or what?
Here is the NY Post's coverage of the sentencing hot off the presses.
The young mother is Carmen Huertas. She made a decision to get into a car with 6 children (one was her own) and drive them home from a slumber party after she had embibed enough alcohol to blow a .13 BAC. (Not that I think BAC's are the least bit accurate but given her other behaviors that night I would think there was enough other evidence of intoxication to prove she was guilty. You can read the story here and decide for yourself. She was sentenced to a indeterminate sentence of 4-12 years in jail. She could theoretically be eligible to get out on parole in three years and five months
but given just the fact that this was a DWI and the fact that it was the type of death that brings out everyone against the defendant, she will likely do the whole sentence before she is released less any "good-time" she may accrue (about 1.8 years off the top number or 10.4 years in prison so far.)
The mob hit man is Sal (Good Looking Sal) Vitale, former underboss of the Bonanno crime family. Sal was an early follower of another neighbor Joe (Big Joe) Massino, the boss of the Bonnano crime family. Both men grew up in my old neighborhood in NY. Sal was always noted for how good his hair looked. I should know, he used to go to get his hair cut in the same barbershop as I did. He was a big deal there among the Italian barbers. They all knew who he was. I blissfully did not. I did notice he seemed like any other guy who went there. Slightly pampered and otherwise kind of nice. He always went with friends.
About 10 years ago, Sal and his Brother-in-law childhood hero Joe Massino got indicted. Joe was pretty jealous of Sal's popularity among the other under bosses in "the family". He was afraid that Sal may be so much better liked than he, that he ordered someone kill him. The feds moved in to save Sal's life. Sal was infuriated and so he turned on Joe and everyone in the old life. He had enough information to identify over 500 men as either members of or affiliates to the five families of NY. He also had enough information to put 50 of these men behind bars for a long time, some even for life.
Sal Vitale was a cold blooded killer. He didn't have to be. He had smarts. He was a former corrections officer, and he owned a series of small businesses that would have made money for him with or without patronage from Joe Massino and company. Instead, he helped end the lives of at least 11 men and maybe more. He made it possible for others to kill without being punished. He ran loan-sharking and illegal gambling operations. He provided protection for drug dealers and houses of Prostitution. He also however danced to the Governments tune. He turned and he will be rewarded. Is he sorry he was a creep, a killer, a monster? Only he knows. He knew however he created that man. If he could, would he turn down the life he led? Would he walk away from the jaunts to Vegas and Atlantic City? Would he give up his house in Dix Hills for all those years. Would he not have had the fancy haircuts and manicures he got that earned him the nickname "Good looking Sal"? If he knew he would never get caught would he? Or would he have preserved that life even if it meant killing eleven more people. Eleven more fathers brothers sons?
Carmen Huertas, a 31 year old mother who would like to take back about 2 hours of her life. Whether she was found guilty or not, the taking of that child's life would have stayed with her forever. Her chance of ever getting behind the wheel of a car drunk again, would be less than zero.
Jail is supposed to be for punishment and corrections. I fail to see the sense in this today. Carmen Huertas should have been sentenced to 1-3 years and should have been ordered to a program to address her drinking issues. Sal Vitale should have been sentenced to at least a long long period in jail. He could have gotten Death had he not cooperated. His getting a free pass calls into question every detail to which he testified. His testimony was bought and paid for by the government. He knew if he danced to their tune he would walk away, a free man, new identity, new home, new business.
As she addressed the court she said ""I am not a monster," "I am a loving mother who made a terrible decision that caused the death of a wonderful child."
She is right, her behavior was monstrous, but she herself is not a monster she just in fact made a horrendous decision that will forever effect the world of Leandra's family and her own.
Does anyone wonder if Sal Vitale could make the same statement? Is it fair that the prosecution can make these decisions based on how much they were helped? Is it fair that Vitale's victims should get nothing in the way of satisfaction for the loss they suffered?
Huertas is in jail, mostly because of who her victim was, and what that victims family wanted. Vitale is free despite what his victims want and despite what fairness dictates. She is sorry. Given the chance she would not be likely to repeat her poor judgment. He, well you decide: is he sorry or sorry he got caught? Given the chance, would he have turned down all the things his life gave to him and his family or would he have killed again and again, knowing he would never get caught?
The lives of poor people and the lives of rich have different values in a court of law. The lives of people who die at the hands of those that can give the prosecution what it wants, and the lives of those killed by someone who has nothing but remorse to give, have different values. Neither of these are fair, they just are.
If you ever serve on a jury however, when one of these rich powerful guys testifies, and he says he is not getting anything for his testimony, remember, that is just not true. Never was, never will be. They are just monsters who the government is paying to be tell they government's story, whether it be true, or not. Whether they be monsters... or what?
Here is the NY Post's coverage of the sentencing hot off the presses.
Stuff Even I Can't Make Up: Blabbing Bimbos, USHLS Keep Cartoons Characters Safe From Child Sex Abuse, Moonlighting Is Okay for Judges As Long As They Remain Unfunny and Surprise! Someone Got Angry in an Anger Management Class..
For a little light reading, I thought I would take you for a short tour of what I found funny (that's to read funny strange not funny HA HA! I will admit there is some overlap however)
1. For the last time People, If you are going to "Kiss and Tell" DON"T DO IT ON THE INTERNET!!!
Exhibit One: A woman fighting for child support admits on Facebook that her child is not her husband's.
To quote our friends at ABA Journal News "...one mom posted photos of her children during a custody battle, eliciting a comment from a friend that they didn't look much like her husband. Her response: That's because they're not his." That was smart...
Exhibit Two: Another Duke University Sex Scandal.
An apparently Jock sniffing College Co-ed from Duke University decided it would be a cute idea to make a "Power Point Presentation" of her sexual hi-jinx while an undergrad at Duke University. She ranked 13 lovers, all jocks (many Lacrosse players btw) and was very "explicit" in her descriptions of the guys and the activities she and they engaged in. She sent it by e-mail to three friends and "Surprise" it got sent all over the net!!!
(Yeah like she didn't mean to leak it so that she would get the obligatory book opportunity and Playboy spread.)
I think the kids at Duke may have too much time on their hands. How in the hell do they keep getting that US News and World Report Ranking given that they can't seem to shut up??? What ever happened to discretion being the better part of Valor?? In the interest of truth in journalism, I admit, I could have been subject number 12... okay maybe not but a guy can dream can't he?? (You can read the whole report and see the pictures with blackened out faces here)
2. Your United States Bureau of Homeland Security: Keeping "Toon Town" Safe for Cartoon Kids. Now if they could only protect America.
Radley Balko of the "Agitator", one of my favorite bloggers, has put the only headline I could think of on a case of Simpson cartoon characters in sexual positions causing a conviction for Possession of Child Pornography (yeah you read that right.) In his blog post
I read the press release from the US Justice Dept. trying to decipher the real reason they brought this prosecution... If it weren't so true of the way some of these folks think, I'd have laughed. Here is the Money Quote: “We aggressively use our investigative authorities to protect our communities from those who seek to sexually exploit children for their own perverse gratification,” said Leigh Winchell, special agent in charge of ICE Homeland Security Investigations. “HSI continues to dedicate resources to identify those individuals who engage in this type of criminal behavior and ensure they are brought to justice.”
I am so very happy no moreTOON TOWN characters will be sexually exploited for someone's perverse sexual gratification, now could you use some of these funds you WASTED on this prosecution to freaking solve a crime in MY HOMELAND?? You know, a real crime not a cartoon crime... Maybe find some guy like, oh I don't know... OSAMA BIN LADENmaybe??? Where is Bob Hoskins when he is really needed
While on this same topic, If you happen to be a boss (say the Editor of "Innovation" at the Chicago Tribune, maybe it is not a good idea to use company e-mail to distribute a link to a website that has a fake newscast showing women in various stages of inebriation and undress... I'm just sayin'.
In this time of political correctness, all employers need to be more "sensitive", still I can't help feeling like this guy would still have a job if he wasn't always sending these kind of weird things out.
Hattip: NY TIMES
3. Judges in NY have not received a raise (Not even cost of living) in almost two decades. That is not only inconceivable but downright unfair to them and to the citizens (A well funded judiciary is essential to a nation of laws.) So to fix the problem, we gave them a raise right? NOOOOOO!
We will now allow them to "Moonlight". I can see it now:
Attorney: I have another witness your Honor
Judge: I'm sorry, I have to give the Katz kid a piano lesson at 5:15 on the dot. Otherwise I won't be able to tutor the Smith kid in Math at 6:30. Oh by the way, your decision on that stay of the death penalty? I won't have it done till tomorrow afternoon...
Attorney: Uh Your Honor, my client is due to be executed at 12AM tonight...
Judge: Hmmm well maybe if I skip dinner I can finish it by 11:45PM.
Oh yeah it seems that one job a judge can not have is doing "stand up" comedy... Has anyone read some of the decisions they write... KIDDING IT WAS A JOKE... REALLY... :)
Hattip: ABA Journal News Today.
4. From the Bureau of "I Don't Think She Gets It" comes this little ditty "Woman Stabs Another Attendee at Anger Management Class"
That's right, Faribah Maradiaga 19, stabbed a fellow classmate in her anger management class.
Wanna know what they were arguing about??
Men?
Kids?
Obamacare?
Here is your money quote: "A dispute over the value of a video on anger management being shown to the class sparked a war of words..." I guess that video wasn't as good as they thought it might be.
Okay and for those of you who stuck around this long, My old blogger friend Ken Lammers who was a defense attorney and is now a prosecutor (KENNY KENNY KENNY) has been touted as one of the "Hot Law Enforcement Types."
Oh yeah, If you liked this post, let me know. Leave a note on here or on Facebook.
And on a more serious note, if You or someone you know has been accused of Assault, Child Pornography Possession, or Sexual Harassment at work or at school, it is no laughing matter. It is also nothing to handle without the help of a good lawyer. I am more than willing to speak to anybody who needs help with this or any myriad of legal problems. You can reach me here
1. For the last time People, If you are going to "Kiss and Tell" DON"T DO IT ON THE INTERNET!!!
Exhibit One: A woman fighting for child support admits on Facebook that her child is not her husband's.
To quote our friends at ABA Journal News "...one mom posted photos of her children during a custody battle, eliciting a comment from a friend that they didn't look much like her husband. Her response: That's because they're not his." That was smart...
Exhibit Two: Another Duke University Sex Scandal.
An apparently Jock sniffing College Co-ed from Duke University decided it would be a cute idea to make a "Power Point Presentation" of her sexual hi-jinx while an undergrad at Duke University. She ranked 13 lovers, all jocks (many Lacrosse players btw) and was very "explicit" in her descriptions of the guys and the activities she and they engaged in. She sent it by e-mail to three friends and "Surprise" it got sent all over the net!!!
(Yeah like she didn't mean to leak it so that she would get the obligatory book opportunity and Playboy spread.)
I think the kids at Duke may have too much time on their hands. How in the hell do they keep getting that US News and World Report Ranking given that they can't seem to shut up??? What ever happened to discretion being the better part of Valor?? In the interest of truth in journalism, I admit, I could have been subject number 12... okay maybe not but a guy can dream can't he?? (You can read the whole report and see the pictures with blackened out faces here)
2. Your United States Bureau of Homeland Security: Keeping "Toon Town" Safe for Cartoon Kids. Now if they could only protect America.
Radley Balko of the "Agitator", one of my favorite bloggers, has put the only headline I could think of on a case of Simpson cartoon characters in sexual positions causing a conviction for Possession of Child Pornography (yeah you read that right.) In his blog post
Worst. Prosecution. Ever.Radley describes a prosecution where the only "Images" were cartoon characters... Better get rid of any "Fritz the Cat" videos you downloaded.
I read the press release from the US Justice Dept. trying to decipher the real reason they brought this prosecution... If it weren't so true of the way some of these folks think, I'd have laughed. Here is the Money Quote: “We aggressively use our investigative authorities to protect our communities from those who seek to sexually exploit children for their own perverse gratification,” said Leigh Winchell, special agent in charge of ICE Homeland Security Investigations. “HSI continues to dedicate resources to identify those individuals who engage in this type of criminal behavior and ensure they are brought to justice.”
I am so very happy no moreTOON TOWN characters will be sexually exploited for someone's perverse sexual gratification, now could you use some of these funds you WASTED on this prosecution to freaking solve a crime in MY HOMELAND?? You know, a real crime not a cartoon crime... Maybe find some guy like, oh I don't know... OSAMA BIN LADENmaybe??? Where is Bob Hoskins when he is really needed
While on this same topic, If you happen to be a boss (say the Editor of "Innovation" at the Chicago Tribune, maybe it is not a good idea to use company e-mail to distribute a link to a website that has a fake newscast showing women in various stages of inebriation and undress... I'm just sayin'.
In this time of political correctness, all employers need to be more "sensitive", still I can't help feeling like this guy would still have a job if he wasn't always sending these kind of weird things out.
Hattip: NY TIMES
3. Judges in NY have not received a raise (Not even cost of living) in almost two decades. That is not only inconceivable but downright unfair to them and to the citizens (A well funded judiciary is essential to a nation of laws.) So to fix the problem, we gave them a raise right? NOOOOOO!
We will now allow them to "Moonlight". I can see it now:
Attorney: I have another witness your Honor
Judge: I'm sorry, I have to give the Katz kid a piano lesson at 5:15 on the dot. Otherwise I won't be able to tutor the Smith kid in Math at 6:30. Oh by the way, your decision on that stay of the death penalty? I won't have it done till tomorrow afternoon...
Attorney: Uh Your Honor, my client is due to be executed at 12AM tonight...
Judge: Hmmm well maybe if I skip dinner I can finish it by 11:45PM.
Oh yeah it seems that one job a judge can not have is doing "stand up" comedy... Has anyone read some of the decisions they write... KIDDING IT WAS A JOKE... REALLY... :)
Hattip: ABA Journal News Today.
4. From the Bureau of "I Don't Think She Gets It" comes this little ditty "Woman Stabs Another Attendee at Anger Management Class"
That's right, Faribah Maradiaga 19, stabbed a fellow classmate in her anger management class.
Wanna know what they were arguing about??
Men?
Kids?
Obamacare?
Here is your money quote: "A dispute over the value of a video on anger management being shown to the class sparked a war of words..." I guess that video wasn't as good as they thought it might be.
Okay and for those of you who stuck around this long, My old blogger friend Ken Lammers who was a defense attorney and is now a prosecutor (KENNY KENNY KENNY) has been touted as one of the "Hot Law Enforcement Types."
Oh yeah, If you liked this post, let me know. Leave a note on here or on Facebook.
And on a more serious note, if You or someone you know has been accused of Assault, Child Pornography Possession, or Sexual Harassment at work or at school, it is no laughing matter. It is also nothing to handle without the help of a good lawyer. I am more than willing to speak to anybody who needs help with this or any myriad of legal problems. You can reach me here
Open Letter to Agape World Inc "Investors"
Readers, I have been attempting to communicate with Agape World Inc. investors who have been talking trash as well as debating the issues of whether the President of Agape World Inc. was able to run an alleged "Ponzi scheme" by himself or if others knew what he was doing.
Of course, many of the folks on the bulletin board service do not like what I have to say. Others did not believe it was me saying it. They pointed to poor sentences and other grammatical errors which plague my writing when I am in a hurry. Of course I did what I usually do. I typed out my thoughts before I forgot them all, then went back to try to edit these thoughts and hit the wrong key thereby printing the response instead, errors and all.
A couple of folks were worried my post was by an anonymous person acting like they were me. I set the record straight in the letter below. I re-read the letter and decided it was worth reprinting it here too. I also edited the post before I sent it...
There you have it. I may be unconventional, but I think that people should hear both sides of things before they decide something as important as whether to charge a person based on nothing more than conjecture.
I will try to catch up with you all later this week.
TLD
Of course, many of the folks on the bulletin board service do not like what I have to say. Others did not believe it was me saying it. They pointed to poor sentences and other grammatical errors which plague my writing when I am in a hurry. Of course I did what I usually do. I typed out my thoughts before I forgot them all, then went back to try to edit these thoughts and hit the wrong key thereby printing the response instead, errors and all.
A couple of folks were worried my post was by an anonymous person acting like they were me. I set the record straight in the letter below. I re-read the letter and decided it was worth reprinting it here too. I also edited the post before I sent it...
To whom this may concern:
Thank you for taking the time to ask if I posted on "Fat Wallet."
I am the person who posted to the board. For those that felt that the post was poorly written, H hit the send button in error before I could edit the post. Nevertheless, I think I put the salient points across.
I understand people lost money. Some lost a lot of money, and they are justifiably upset. I also understand that it easy to lash out at people, especially when you can do it anonymously. I am responding as best I can, to investors where I can find them, and I am trying to do it in a non argumentative way. I use my real name because I think that the "anonymity" on the bulletin boards in part led to people not taking the warnings about Agape seriously.
Anthony Massaro is, in my opinion, a good man. He met a person who by all accounts was the consummate "con man." Any "con man" worth his salt slowly builds confidence in his "marks" (BTW I saw that you are having a discussion on what to call people who have been cheated. They are neither "investors", "losers", or "victims". They are "marks".) Cosmo started on his friends family and acquaintances. The more he kept promises, the more they believed in what he was doing. ( I noticed someone asked if Anthony ever told anyone where he met Nick. He told anyone who asked. Did any of you ask?)
No one can deny that Cosmo kept his books to himself. No one has come forward with a single shred of hard evidence that VPs or sub-brokers knew of, or saw, anything awry. All I have heard from marks, reporters and on the boards, is that the salesmen "Had to know". While it is a reasonable suspicion it is by far not proof. When it is held to the facts as we know them, it is no longer a reasonable suspicion.
I understand that this business had accountants lawyers and bookkeepers. It filed taxes. Why is it no one on Fat Wallet or in the press calling for these people to answer? Moreover, if done well (and I have no reason to think Cosmo didn't do it well) even these financial employees can be kept in the dark. Nevertheless can you see that their signing off on these documents gave the VP's and brokers even more to believe in?
I agree, Cosmo surrounded himself with men and women who could not challenge him. They knew little. They were mostly not business law educated. Some people on the floor of the NYSE and other exchanges do not have more than a HS education. If they go to the right firm however they learn. I doubt Agape was the right kind of firm. Agape employees had no idea what questions to ask. Even if they asked, they did not know enough to understand whether they were getting the right answers. If the answers sounded right, their belief level rose again. Nick Cosmo knows how to answer questions. (See the 22 "seminars" he held in December '08.)
Finally, belief in the company hit a pinnacle when Entrepreneur Inc. named the company one of the Top 100 Up and Coming Businesses. Imagine the pride these employees must have had. Imagine if you can, the belief and excitement they must have generated and what they told their friends and families. Instead of thinking they were "in on it", just for a moment, imagine they weren't, and think about how they felt about themselves and their company's accomplishments.
Now maybe you can imagine the betrayal they feel. If I am right, and again I have seen nothing hard showing me otherwise, you were betrayed by Nick Cosmo, a man who you barely or didn't know. They were betrayed by their boss. A person they came to believe in like a business "guru." A man who told them he was their friend and who it turned out cared as little for them as he does for you. Now imagine having to go home to tell your spouse that your whole life was built around a house of cards. On top of this, add people calling for your death or arrest etc. The same people, who only months before were inviting you to dinners, weddings, house warnings, and other parties that you helped make possible through Agape World Inc.
These employees have families and homes, They had savings accounts and retirement funds invested too. They thought they had found the goose that laid the golden egg, and they were giving that to other friends and family. Now they are alone, they are not able to speak to these same friends and families. They are despised and the people who heralded them just a few short months ago, have turned on them.
Maybe you are too angry to hear this, maybe you are so angry that you cannot imagine what I am saying. That doesn't make what I am saying not true. In fact, what I am saying is by far more provable than what some "marks" are suggesting.
That "They had to know" line is certainly convenient, and may make a few "marks" feel better that they were ripped off by a team of "con men" instead of by one guy, but it doesn't equal proof by even a preponderance of the evidence, much less beyond a reasonable doubt.
Someone had mentioned that the "brokers" had to have a Series 7. I do not agree. I do not think the law presently requires people who pool money to lend at a profit have to have any regulation at this time. This case may change that, but if it does, it does so at a great risk to legitimate lenders and moreover to needy borrowers. I do not however, wish to debate the issue now.
I would like to say one more thing however. Some of you have suggested that I must not be a very good lawyer because I have chosen to come on Fat Wallet and other websites to respond to some of the things I have seen written there. I guess I have a different way of practicing law than most people do. I think that it is important to have someone challenge, rationally, the proposition that where there is smoke there must always be fire. Sometimes when there is smoke, all it is, is smoke.
My client is sad, dazed, and right now, alone. If I am right, he did nothing more than any other mark has, but he has lost far more than they, he has lost not just money he had counted on, but a support and a belief system. While I understand the anger, it is a shame that others cannot withhold judgment until all the facts are aired. Until then, these men and women are entitled to be presumed innocent by each of you.
There you have it. I may be unconventional, but I think that people should hear both sides of things before they decide something as important as whether to charge a person based on nothing more than conjecture.
I will try to catch up with you all later this week.
TLD
Maybe You Are Wondering Where I Am.
I have not posted for nearly 10 days. I have a bad habit of going on "walkabout". I get the urge to write and then after a month or so, it goes away, I have little new to say or too little time to say it well.
I am in the second phase now. I have too little time to say what I want to say well. I am not sure who said it first, but I think it was Winston Churchill who said, " I am sorry for the long letter but I didn't have the time to write a short one." It takes time to write well. I do not write as well as others.
I have also been tied up with the case of the AGAPE WORLD INC. alleged Ponzi scheme. I am representing one of the Vice Presidents of the company and the man who called the authorities on behalf of his fellow VP's and employees of Agape World when he confirmed the President of Agape Nicholas Cosmo was stealing and running a Ponzi Scheme. I hope to have a lot to say on my blog this weekend on this matter. Meanwhile, I am thankful for the folks who follow me on Twitter and who call or send notes or e-mails wishing my client and I good fortune. I may add a few links later.
For anyone who is interested you can see me speak on Criminal Motion Practice at the Young Lawyer Section of the NYS Bar Association tomorrow from 9:30 to 10:30 in their CLE Bridge the Gap seminar. It is a highly attended seminar and I think you may enjoy it.
I will be back in a couple of days.
I am in the second phase now. I have too little time to say what I want to say well. I am not sure who said it first, but I think it was Winston Churchill who said, " I am sorry for the long letter but I didn't have the time to write a short one." It takes time to write well. I do not write as well as others.
I have also been tied up with the case of the AGAPE WORLD INC. alleged Ponzi scheme. I am representing one of the Vice Presidents of the company and the man who called the authorities on behalf of his fellow VP's and employees of Agape World when he confirmed the President of Agape Nicholas Cosmo was stealing and running a Ponzi Scheme. I hope to have a lot to say on my blog this weekend on this matter. Meanwhile, I am thankful for the folks who follow me on Twitter and who call or send notes or e-mails wishing my client and I good fortune. I may add a few links later.
For anyone who is interested you can see me speak on Criminal Motion Practice at the Young Lawyer Section of the NYS Bar Association tomorrow from 9:30 to 10:30 in their CLE Bridge the Gap seminar. It is a highly attended seminar and I think you may enjoy it.
I will be back in a couple of days.
Public Hypocrite #1: Sen.Arlen Spector Wants a Attorney General Who Can Say No To The President.
This is rich. Arlen Spector, Republican Senator from Pa. and former Chair of the Senate Judiciary Committee has announced that although Attorney General Nominee Eric Holder has excellent academic and professional credentials he is "concerned" that Holder may not be able to say no to the President.
IS HE KIDDING???? This is the man who as chairman of the Senate Judiciary Committee approved Alberto Gonzalez as AG. Now I understand that Holder told President Clinton he had "no problem" with Clinton pardoning Marc Rich, but Gonzalez not only had no problem with Rendition, and torture, he actually approved of them with written memos. He approved the firing of US Attorneys because they wouldn't do Karl Rove's bidding.
Hey Arlen, can you say "I am a Hypocrite??" Probably not, politicians are just not that honest.
Four Blog Posts You Should Read: An interesting Day in the Blogosphere
Some days the quality of posting is just really good.
Check these out:
Love and Marriage is not for the Funky Brown Chick. Interesting comments.
Note to self...don't sarcastically ask if after a day of yelling and fighting with your toddler is it ok to smother her, at least not on Twitter. Some humorless follower may call the cops.
Hattip: Spin me I Pulsate
Wow US Attorney Patrick Fitzgerald says you're guilty of something and we don't even have to have a trial. Man the kangaroos are jumping in Illinois. Dissenting Justice Darren Hutchinson says NO WAY. At least he believes there ought to be a trial.
Keeping it real. An adult,orphaned in childhood, recounts being reunited with her family on her last Birthday. It will move you.It moved me. Read "Me..Being Anonymous". This lady has a story to tell.
A day filled with new voices and ideas.
Check these out:
Love and Marriage is not for the Funky Brown Chick. Interesting comments.
Note to self...don't sarcastically ask if after a day of yelling and fighting with your toddler is it ok to smother her, at least not on Twitter. Some humorless follower may call the cops.
Hattip: Spin me I Pulsate
Wow US Attorney Patrick Fitzgerald says you're guilty of something and we don't even have to have a trial. Man the kangaroos are jumping in Illinois. Dissenting Justice Darren Hutchinson says NO WAY. At least he believes there ought to be a trial.
Keeping it real. An adult,orphaned in childhood, recounts being reunited with her family on her last Birthday. It will move you.It moved me. Read "Me..Being Anonymous". This lady has a story to tell.
A day filled with new voices and ideas.
BREAKING NEWS SDNY US ATTORNEY MICHAEL GARCIA RESIGNS
REUTERS NEWS AGENCY REPORTS BREAKING NEWS: SDNY US ATTORNEY MICHAEL GARCIA RESIGNS EFFECTIVE DECEMBER 1ST 2008.
Garcia's anticipated resignation came today at 5:30. He is leaving after just 3 years as the lead prosecutor and US Attorney in Manhattan to join a law firm (rumored to be Kirkland and Ellis )
Garcia has presided over the investigation into the Prostitution ring that brought down NY Governor Elliot Spitzer and the corruption case of Former NYS Assemblyman and AFL/CIO leader Brian McLaughlin. Thereafter, McLaughlin rolled on Assemblyman Anthony Seminerio who was also indicted.
Two weeks ago, Garcia announced that he would not indict Elliot Spitzer. It was rumored that such an agreement was secretly reached with Spitzer in order to assure he resigned as Governor.
If Hillary Clinton were to be appointed Secretary of State, Garcia would be considered a leading Republican candidate for NYS jr. Senator.
Garcia's anticipated resignation came today at 5:30. He is leaving after just 3 years as the lead prosecutor and US Attorney in Manhattan to join a law firm (rumored to be Kirkland and Ellis )
Garcia has presided over the investigation into the Prostitution ring that brought down NY Governor Elliot Spitzer and the corruption case of Former NYS Assemblyman and AFL/CIO leader Brian McLaughlin. Thereafter, McLaughlin rolled on Assemblyman Anthony Seminerio who was also indicted.
Two weeks ago, Garcia announced that he would not indict Elliot Spitzer. It was rumored that such an agreement was secretly reached with Spitzer in order to assure he resigned as Governor.
If Hillary Clinton were to be appointed Secretary of State, Garcia would be considered a leading Republican candidate for NYS jr. Senator.
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