THREE SHADES OF FRAUD

Who knows what evil lurks in the hearts of men. The Shadow knows.

There is unquestionably a streak of evil in many. Evil manifests itself in degrees. Some evil being more serious than others.

One example is fraud. Fraud has many definitions. Generally, fraud can be defined as deceit perpetuated for profit or gain or to damage another. Deceit.....for profit or gain.

This article concerns itself with three examples.

In recent days, Subway has been in the news. Subway and its footlong sandwiches. Subway refers to them as the "Subway Footlong."

Subway's problem was discovered when an Australian teenager measured a Subway sandwich. It was only 11 inches long. He told people. The international news soon picked it up. People all over the world started measuring Subway sandwiches. All came up with the same result. Eleven inches, not 12.

An inch can be worth millions of dollars to a company such as Subway.

Instead of owning up and saying sorry, Subway appears to be stonewalling. A Subway representative issued a statement that the term footlong was was merely descriptive and not intended to describe length.

Tell me another story! How stupid!

Again, Subway should have immediately stepped up, said sorry and most importantly that the problem was being corrected. Then it should have followed up the mea culpa announcement with a further one offering some sort of bargain to its customers for a period of time.

It would not surprise me if this breach of trust costs Subway a reduction in sales for a while.

Lets move on to prisoners. Persons in jail. People like murders, thieves, child abusers, molesters and the like. Ingenuity recently evidenced itself within the jail population.

It was recently reported that persons in jail have been filing tax returns seeking refunds. Fraudulent returns. In some instances, false names were used. In others, another person's Social Security number. Initially, some inmates were successful in receiving refund checks.

For the taxable year 2011, 173,000 fraudulent tax returns were filed by those in jail. That was twice as many as had been filed in 2010. The word was spreading.

If any federal agency is diligent, it is the IRS. They caught on to the scheme. The IRS saved $2.5 billion in refunds by discovering the false returns filed in 2011.

The ingenuity of the bad guys who originally thought up the scheme is to be complimented. I would also make the observation that it is too bad their genius before and during jail was not exercised in a legitimate fashion. Honest men have been known to make money.

This article would be remiss if banks were not mentioned.

Montepaschi Bank is Italy's oldest bank. Strong in assets and character. Till recently.

Montepaschi is becoming the Lehman Brothers of Italy. Scandal has befallen the Bank.

The situation is different from Lehman Brothers and at the same time similar.

Three top level managers were involved with hedge funds and the like. They were investing Montepaschi monies in complex and complicated business dealings. To the detriment of the Bank, the Bank's shareholders, and soon perhaps its depositors.

The deals entered into lost the Bank $300 million in 2012 alone. Last week the Bank's shares dropped to $ .31 a share.

Montepaschi needs a bailout. It is seeking one from the Italian government. To the tune of $667 million. Apparently there is more involved than the $300 million 2012 loss.

The joke in all this is that the Italian government is broke. They are right behind Greece with a teetering economy. Germany is on Italy's ass to repay Eurobank loans. Thus far Italy has not been able to do so.

The cry is that Montepaschi is too old and too big to fail. Giants fell in the United States. Again, remember Lehman Brothers.

Deceit perpetrated for profit or gain. Seems to apply to Subway, the inmates, and Montepaschi.

Since the preparation of this article, the Bank's bailout request
has risen to $5.2 billion. The Bank's losses are now projected at $1
billion. A knowledgeable person said the problem has arisen because of
"...risky deals hidden from regulators."

It never ends.

TOYS 'R US AND GENDER DISCRIMINATION

Sweden is a bit different. Dances to its own tune occasionally. Its approach to sex is one example.

There is another.

Gender neutrality. Sweden's position is that male and female are to be treated alike. No preferential treatment one over the other. Described by the Swedes themselves as equality. Equality in the work place and society. A Swedish obsession.

One example of the obsessive ends Swedes go to achieve gender neutrality is how teachers refer to students. Not as him or her, he or she. Rather as friends.

In 2008, a sixth grade class in Sweden was studying gender discrimination. The Toys 'R Us catalogue drew their attention. The six graders decided the catalogue was discriminating and not gender equal. For example, boys generally were shown wearing blue and girls pink. Girls wore princess dresses. The boys never. Guns for boys, not for girls. Dolls for girls, not for boys. Girls pushing baby carriages, boys playing with miniature soldiers. Girls with tiny kitchens cooking, boys with sporting equipment. Girls alone playing with Barbie dolls. No boys doing the same.

The sixth graders felt everything in the catalogue should be for both sexes.No stereotyping. I have to ask at this point: A princess dress for a boy?

Sweden has a State Agency to hear gender discrimination complaints. The sixth graders filed a formal complaint. Justice is slow moving in Sweden. The State Agency decision came out this year. The State Agency agreed with the sixth graders. The decision included phrases such as outdated gender roles, narrow mindedness, and degrading to both genders.

Toy 'R Us took heed. Out went the old catalogue. In came a new. Just in time for Christmas.

The new catalogue is under scrutiny .It did not go so far as to put a boy in a princess dress. However, it did dress the girls in blue and boys in pink in some instances. It has boys playing with beauty instruments. Hair blowers and the like. Doing a doll's hair.The boys are also shown doing housework like ironing and vacuuming. The girls were portrayed holding all types and sizes of guns and playing battle games. The girls were on the sport pages advertising gloves, bats, basketballs, footballs, and the like.

Will the new Toys 'R Us pass muster? Time will tell. I suspect it will, even though no boy was portrayed wearing a princess dress.

Is this right? I don't know. I never really thought about gender equality in this fashion. Sweden may be at the forefront,  the wave of the future. Thirty years from now as male and female roles and responsibilities in society will have changed, persons of that era may look back at Sweden 2012 and ask.....What was the big deal? Why all the fuss?

HONOR KILLING

Recently in the Pakistani administered town of Kotli, 15 year old Anusha was murdered by her parents. Anusha and her parents were Pakistani. They also were Muslims.

 

Anusha's perceived wrongdoing was she would turn her head to look at boys. Such conduct was viewed by her parents as bringing shame upon the family. Dishonor.

 

Her parents were 53 and 42. Anusha had six brothers and sisters, all under the age of 10.

 

Anusha's mother threw acid on her. The intent was that the acid would result in Anusha's death. It did. Two days later.

 

The reports were unclear as to whether Anusha received  medical attention. Most suggest none. She was left on a cot or the floor in her home to die. A slow agonizing death over forty eight hours. The reports indicate the parerts had no money to pay a doctor. I came across one report that indicated  Anusha received  medical attention after 24 hours.

 

In the Muslim world, such deaths are known as honor killings. A daughter's death upholds  family honor. Family honor is viewed as more important than the life of the daughter.

 

Some areas of Pakistan have begun frowning on honor killings. Anusha's home town is one of them. Her parents have been arrested for murder.

 

Anusha's case is not an isolated one. In the year 2011, there were 943 honor killings in Pakistan. Only 20 of the 943 young women killed received medical attention. Even worse, in many situations the daughter was subjected to rape and gang rape before being murdered.

 

Why do these killings occur? Why do Muslim parents feel compelled to murder for honor's sake a young daughter?

 

I thought it might be required by the dictates of the Quran. Turns out, honor killings are not. Honor killings are the result of man made law. Muslims are a male dominated society. Women are considered possessions. Over the years, the custom of honor killings has developed.

 

The Quran is to the Muslim what the Bible is to the Christian. In both instances, man made law has developed which is not to be found in the written word of each religion. Difficult interpretations have arisen. Honor killings being one.

 

Do not think that honor killings are limited to Pakistan or a Muslim nation. Muslims are immigrating to European nations and  North America. Honor killings have been documented in Europe and Canada. I am not aware of any honor killings in the United States.

 

I have written this piece for awareness purposes. Muslims are immigrating in effect to the four corners of the earth. They bring with them their old world customs and religion. Neither should be a problem. But where the Muslim is concerned, they are.

 

The Muslim comes to a new country and wants to live by the old country's rules. They want the new country to enforce  criminal and civil law based on the Quran and what they believe the Quran says. Besides honor killings, that would include stoning a woman to death for adultery, cutting a person's hand off for stealing, making it easy for a man to divorce, making it difficult for a woman to divorce. And so on.

 

Such is called Sharia law. I have written and spoken of the dangers of Sharia law for several years. Generally, my words fall on deaf ears. Americans do not want to believe that any one coming to this country would want to live under the old laws. But, they do.

 

The message is beware! Be vigilant. Be concerned.

POPCORN LUNG LAWSUIT

Wayne Watson of Denver, Colorado, enjoyed popcorn. He enjoyed it so much that for a period of ten years he would eat two bags of microwaved popcorn each evening.

 

Watson developed what is known as microwave popcorn lung. A condition similar to lung cancer caused by smoking and mesothelioma caused by asbestos. Watson is suffering. He cannot work. He soon will die. His suffering and death caused by the fumes arising from the artificial butter in microwave popcorn.

 

A jury agreed such was the case. The jury recently awarded Watson $7.2 million.

 

Turns out microwave popcorn, prior to this lawsuit of course, contained a chemical called diacetyl. A toxic substance known to cause  an illness similar to lung cancer. An individual develops popcorn lungs when fumes from the heated popcorn containing diacetyl are inhaled.

 

Watson is going to die. Life has a court room value. However, $7.2 million on its face appears excessive. Not in Watson's case.

 

The manufacturer of the microwave popcorn had known for several years of the dangerous implications of inhaling the butter flavorer containing diacetyl. The knowledge was obtained from the numerous Worker Compensation cases brought by their employees who had inhaled diacetyl fumes while working to make the microwave popcorn.

 

Once a manufacturer has knowledge of the dangerous propensities of its product, it is obligated under law to cease and desist in its manufacture. The manufacturer is also required, if he is stupid enough to continue to knowingly produce the product, to place a warning on  the label of its product of the product's dangerous  propensities. Similar to the warning on a pack of cigarettes.

 

In this instance, the manufacturer did neither. It knowingly continued to manufacture the microwave popcorn containing the diacetyl and at the same time failed to provide the consumer with any warning.

 

The $7.2 million verdict was divided into two parts.

 

Watson received $2.2 million for his pain, suffering and and all direct ramifications of the inhalation. This is known as compensatory damages. The law allows a wronged person to collect money for all damages directly flowing from the wrong doing of the manufacturer.

 

The remaining $5 million was awarded Watson as punitive damages. When a manufacturer does something so bad as to shock the conscience of the community, the manufacturer must pay an additional amount by way of penalty. It is a warning to the manufacturer that it should not have done what it did. In Watson's case, (1) knowingly continuing to manufacture the microwave popcorn with knowledge it was dangerous and (2) further failing to warn it's inherent danger stretches matters beyond credulity.

 

The manufacturer was penalized for its egregious wrongdoing. The huge punitive award is punishment to the wrongdoer and warning to the rest of the world not to do things such as occurred in the instant case.

 

A lot of good the $7.2 million is going to do Watson.The manufacturer has the case on appeal. By the time the appeals process is exhausted, Watson will be long dead.

 

 

TEXAS JUDGE WARNS OF CIVIL WAR

An insanity prevails throughout our country. It arises from a dislike of President Obama.

A perfect example is a local judge in Lubbock County, Texas. He recently warned of the possibility of civil war if Obama is reelected  Makes sense. His thinking, not conclusion. Texans talk of Obama and the Union with a swagger. Texas Governor Perry last year advised that Texas might withdraw from the Union. If the governor can think in this fashion, why not a judge? Why not people on the street?

The man warning of the possibility of civil war was Judge Tom Head. He made his thoughts known while guesting on a local TV talk show.

The Judge is also Emergency Management Director of Lubbock County. It is his responsibility to prepare and protect the County's citizens in the event of a disturbance.

Why did Judge Head warn of civil war?

Simple. From the Judge's perspective. He believes Obama is planning on turning the sovereignty of the United States over to the United Nations. Give our country away, in effect. Where his opinion came from I do not know. Absurdity is difficult to trace.

As a result of Obama's turning the U.S. over to the U.N., the Judge warns bad things will happen. The worst. There will be civil unrest. There will be civil disobedience. There will be a civil war.....maybe.

He warns not of mere riots and disturbances. There will be far worse. It will be Lexington and Concord. His words, not mine. He believes the people will take up arms to bring Obama down.

He sees Obama retaliating. He claims Obama will send in United Nation troops to put down the rebellion. Note, U.N. troops and not the U.S. Army.

Judge Head says he will not permit such violence to take place in HIS County. He has requested additional funds to add extra Sheriff deputies.

Head is an elected County Judge. He is a nut case. I would not want him deciding any case of mine. His thinking however is common place with many. They ascribe all kinds of devious things to Obama. Improperly so. Dislike Obama. Even hate him, if that is your inclination. But do not believe and shout to the world that he is going to turn our country over to the U.N., with all the bad things that might naturally derive therefrom.

What has happened to common sense and judgment when it comes to Obama? People are crazy. The hatred runs deep.

GIRL 10 GIVES BIRTH TO BABY BOY

What is about to be told is a story of biblical proportions.

 

In the days of Christ and before, child bearing commonly occurred between the ages of 9 and 12. Time changes things. Today 9-12 is not even considered.

 

Except. One of the exceptions involves certain states in Mexico.

 

A 10 year old pregnant girl was admitted to Women's Hospital in Puebla, Mexico on October 22, 2011. She was pregnant and suffering complications from the pregnancy, including seizures. Both mother and prospective child were in danger.

 

A cesarean was performed on the 10 year old girl on November 11, 2011. A baby boy was born prematurely. Thirty one weeks. Nine weeks too soon. Weighed 3.3 pounds. Following his birth, the baby suffered from pneumonia and other complications from premature birth. The child was placed in an Intensive Care Unit.

 

The mother was discharged a few days after the cesarean delivery.

 

The 10 year old mother was not a resident of Mexico. What she was doing in Puebla I have not been able to ascertain. Her home was just outside San Francisco.

 

The young mother made daily visits to her child. To breast feed the baby.

 

The authorities are nor certain how the 10 year old got pregnant. They suspect rape. The legal age of consent for a female in Mexico is 12. Rape it is regardless of how it occurred.

 

Puebla is pro life. Without question. It is illegal to terminate a pregnancy, unless the mother was the victim of a sexual assault. The possibility of an abortion was never relayed to the 10 year old or her parents. Nor was any investigation conducted by authorities prior to delivery to determine if the girl had been raped.

 

Life is legally defined in Puebla as "...from the moment of conception to natural death."

 

A little digging revealed that youthful girls becoming pregnant and giving birth is not uncommon in Mexico. A problem in and of itself. After birth, there was no support system in place to assist the very young mother and her infant child. Resulting in the probability an already bad situation becoming worse.

 

My concerns are several fold.

 

If there ever was the need for an abortion, this was it. Forget religion, forget politics, forget everything but the mother and child.

 

In the almost three weeks between the girl's admission and delivery, why was there a failure to advise the 10 year old and her parents of the legality of abortion in the event of a sexual assault?

 

What happened to adoption? Back in the 1960s when I started practicing law, births outside of wedlock occurred. Abortion was illegal. Adoption was the answer. There apparently was no pre birth adoption counseling. Following the birth, none was possible. The mother and child bonded almost instantaneously when breast feeding commenced and continued on a daily basis.

 

I searched and searched and could find nothing concerning the mother and child since the birth announcement in November. I assume both are residing with the 10 year old's parents outside San Francisco. The mother and/or child could end up on welfare. The taxpayers of California will support the child.

 

What of the 10 year old mother's health and mental condition?

 

Studies indicate that a mother under the age of 16 has a four times greater possibility of dying during child birth. The mother should never have been subjected to the danger. Fortunately, she did not die.

 

What of her mental well being. Studies suggest the 10 year old mother will have serious mental problems, including depression, as time goes on.

 

This 10 year old's problem was bungled before and after delivery.

 

Society should neither support nor encourage a 10 year old to continue carrying. Abortion was the answer. As a trained lawyer, I know that no law is without exception. Religion and politics should step aside in such a situation and permit/proceed with an abortion as soon as possible.

 

If the government involved is adamant and will not permit abortion, then a structure should be in place to advise adoption. One is definitely needed in Mexico where pregnancies involving the young are not uncommon.

 

If birth occurs, support systems should be in place to help guide the mother and child.

 

Abortion is not black and white. Though many perceive it that way. As indicated earlier, there should be exceptions. A pregnant 10 year old cries out for exception.

 

The proof of the pudding is where and in what condition the mother and child will be twenty years from now. I wish them both well. I do not know.

 

 

FORE FATHER TO THREE PRESIDENTS AND TWO ACTORS

The story of the Mayflower is known to all.

 

The vessel left England in 1620 for the new land and a new life. One of the passengers was John Holland. History spells he name two ways. Holland and Howland. I shall refer to him as Holland.

 

Holland was 14 years old at the time.

 

The Mayflower was not that large a boat. Large boats were not yet in vogue. The Mayflower was a mere 100 feet long. The wind powered the Mayflower by filling its sails.

 

At one point, the Mayflower engaged strong north Atlantic winter gales. Ferocious storms. Holland was thrown overboard during one of the storms. As he was going over, he grabbed some lose hanging sail ropes. He held onto them for dear life. Eventually he was able to pull himself up and back onto the Mayflower.

 

Holland had looked death in the face and survived.

 

Watching him almost meet his Maker was Elizabeth Tilley. Age 12.  At some time after the Mayflower reached Plymouth Rock, Holland and Tilley married.

 

The Hollands had 10 children. The 10 children produced for the Hollands 82 grandchildren. From that point, the descendants multiplied ad infinitum. They became too numerous to count.

 

The Holland descendants include three Presidents and two actors.  Presidents  Franklin Delano Roosevelt and the two Bushes. The actors Humphrey Bogart and Alec Baldwin.

 

A thoughtful pause. If Holland had not saved himself when he fell overboard, the three Presidents named would not have been. There would be no Social Security today. The Iraqi War would not have occurred. Casablanca might not have been the successful movie it is. 30 Rock might not be the Emmy award winner it is.

 

Holland did save himself and propagate. His blood continued to propagate over the years resulting in the Presidents and actors named. All because he did not die that fateful day.

 

Holland lived a long time. Historians do not know the exact age of his death. They describe it as in excess of 80 years.

 

Holland had a distinction in death. He was the last Plymouth Rock male from the original Mayflower to die. He who almost passed on at 14 outlived them all.

NO RESPECT FOR WOMEN

Two recent media events evidenced disrespect for women. One involved a Jesse Lee Peterson who was guesting on the Sean Hannity show. The other Rush Limbaugh on  his radio/TV show.

 

Jesse Lee Peterson is a misogynist of the first class. He is President and founder of the BOND of America Group. An organization dedicated to a conservative agenda for blacks. Peterson is black.

 

Peterson recently appeared on Sean Hannity's show on FOX. Peterson's comments were to the effect that women should not have the right to vote. Why? Because they vote for the wrong people. He claims that the root of our present day problems was giving the women the right to vote in the first instance..

 

Peterson goes back to the days of the suffragettes. They were the women of almost one hundred years ago who marched for the right of women to vote. Peterson says these ladies were evil minded. They tricked the men of those days into giving them the right to vote. How I ask. Probably by lifting their floor length skirts a bit and exposing their ankles to the men. Otherwise, I cannot conceive how.

 

Peterson also asserts that women cannot make sound decisions.

 

A little digging into Peterson's background reveals the following. He claims affirmative action is reverse discrimination. First time I heard a black take that position. Normally it is a white. How about the black people stuck in New Orleans because of Hurricane Katrina  were lazy and immoral. He is otherwise  generally critical of black people. He is quoted as saying that he "...thanked God and white people for slavery."

 

Further, Peterson describes slave ships as akin to "...being on a crowded airplane." He considers slavery to have been a good thing. He favors putting black people back on the plantation so they understand the work ethic.

 

As to women again, he believes that men have the right to hit women. As long as the woman deserves it, of course.

 

Query: Why does Hannity even put a guest with this background on the air? There have to be self imposed media limits on the left and right. It is an affront to all Americans to subject them to this, and please excuse the description, garbage. I can think of no other.

 

Now comes Rush Limbaugh. The most heard radio personality in America. More people listen to his show than any other.

 

You will recall Limbaugh disparaged women during the recent birth control controversy. I refer specifically to the female law student who appeared before a Congressional committee in support of health insurance providing free birth control to women. He referred to this young lady after her appearance as a prostitute of sorts for wanting free contraceptives.

 

In recent days, Limbaugh has announced his formation of Rich Babes for America. He claims it is required to oppose NOW, the National Organization for Women. Limbaugh believes that NOW is to far to the left and that a similar organization is required to represent contrary positions. He invites women of all political persuasions however to join. Liberal as well as conservative.

 

Limbaugh appears to be for real about this organization. He has even listed it on Facebook.

 

Limbaugh wants his female listeners to have a place to go. He says his organization is for women who believe in family, American values, and not being told by faux feminist groups how to think. I have always been under impression that women in general believe in family and American values.

 

I find nothing objectionable in Limbaugh starting such an organization. It is right, especially if needed as he asserts. My problem is his use of the word "Babes" to describe the membership. An obvious insult to women in general. If said in the work place by a male, it could result in discharge or some disciplinary action at the least. The use of the term also reflects Limbaugh's belief as to what  women are. Babes.

 

I suspect that if a conservative couple in the Midwest were confronted by the wife being called a babe that the husband would knock the one who uttered the statement on his ass. There are some things you do not tolerate in polite society.

 

You will note that I have not even commented on the classification of "Rich." It clearly suggests the organization is only for ladies of wealth. This brings into play the 1 percent / 99 percent thing. The obviousness of the word requires no further comment.

 

I share Peterson and Limbaugh with you to show what I consider their less than respectful thinking regarding the mothers, wives and ladies comprising American society. Terrible is the only way to describe their thinking.

PYTHONS ARE A COMING

 

The title is intended to be read to the music of Shrimp Boats' opening line.....Shrimp boats are a coming, their sails are in sight.

 

Pythons are a first class for real problem in Florida. Interestingly, I have commented on this problem in recent years on my radio and Internet shows.

 

The problem is there are tens of thousands of them. No other way to describe how many. They are pro Santorum. Pythons do not use condoms nor practice birth control. The experts advise they cannot be eliminated. There is no known way to eradicate pythons anywhere in the world.

 

Not too encouraging.

 

Where did these pythons come from? Two ways generally. The first were pet owners who could no longer manage the snake pet in their homes. They dumped their python somewhere in the Everglades. The other is Hurricane Andrew. The 1992 disaster. Wiped out Homestead. As it destroyed much in its path, the winds picked up pet pythons and spread them into the Everglades and elsewhere.

 

Then reproduction commenced.

 

The pythons are moving southward from the Everglades. They are already in the northern keys. It is just a question of time till they are as far south as Key West.

 

Pythons are pretty big. Some up to 23 feet long. Can weigh as much as 200 pounds. They first squeeze their prey to stun or kill. Then swallow them. Animals as big as bobcats and white tailed deer.

 

A recent study indicated that animals and birds in the Everglades have been dinner for the python establishment. Animals such as marsh rabbits, raccoons, opossums, alligators, white tail deer, and bobcats. Birds such as wading birds, ibis, rails, and herons.

 

The same study also reflected that the pythons are moving out of the Everglades. One place they are migrating into is the keys. Key Largo has already experienced the python invasion.

 

To put the problem in better perspective, reference is made to certain statistical findings. The study included a sightings report. Sightings made in 2003 and then again in 2011. During those 8 years, raccoon sightings were down 99.3 %, opossums 98.9 %, white tailed deer 94.1 %, and bobcats 87.5 %. The numbers speak for themselves.

 

The problem recently received attention at the federal level. Last week, Florida Senator Bill Nelson proposed a law banning the importation and exportation of all python species.

 

The State of Florida has worked on the problem, also. State law requires any one keeping a python to (1) obtain a permit to so do and (2) implant a microchip in certain pythons.

 

Pythons are on the march. Today, the Everglades to Key Largo. Tomorrow, the middle and lower keys. I suspect that unless something dramatic is done, the Key West area will experience the python problem in the next 5-10 years.

 

No one wants a python in their back yard.

 

Be aware there is a problem and that it is one of growing magnitude.