Category: Criminal law

Making Money With Madoff: Baker & Hostetler’s Fees Reach $440 Million In Liquidation

220px-BernardMadoffbaker_hostetler_logoFor some, the liquidation of Bernard Madoff’s firm is approaching the same levels of excess as the original crime. Irving Picard and his firm, Baker & Hostetler LLP, have just asked for an additional $50 million in fees and expenses for work between July 1 through Nov. 30. That would bring the total fees to . . . wait for it . . . $440 million.

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A Fool and His Money . . . and His Banana: Man Loses Life’s Savings To Carny and Gets Over-Sized Banana

mqdefaultHenry Gribbohm is apparently irate. He went to a carnival and played Tubs of Fun hoping to win an Xbox Kinect. The 30-year-old man from New Hampshire continued to play until he had spent his entire life savings, $2,600, in a game that he now claims is rigged. When he complained the next day, he was given $600 back plus an over-sized banana. He was not satisfied and has filed a complaint.

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Indian Father Charged After Posting Video Of Nine-Year-Old Son Driving Sports Car

Mohammed Nisham appears to have as little concern for his children as he does for his luxury cars. Nisham has been charged with having his nine-year-old drive his sports car. It was not hard for Inspector M.V. Verghese to prove: Nisham filmed his son driving the car with his brother (neither with seatbelts on of course) and then posted it on YouTube.

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The Pavlovian Politics Of Terror

dronetoy2220px-Red_Light_CameraBelow is today’s column on the calls for expanding security and surveillance powers in the aftermath of the Boston bombing. (An Internet version ran last week but was updated for print) [I untangled one line that was changed in editing]. My greatest concern is that the Boston response will become the accepted or standard procedure in shutting down cities and ordering warrantless searches. No politicians wants to be seen questioning the necessity or efficacy of such measures out of fear of appearing “soft” on terror.

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The Function of Government: What Is It In Iteself?

Stock Photo of the Consitution of the United States and Feather Quillby Gene Howington, Guest Blogger

The Law of Identity is one of Aristotle’s fundamental Laws of Thought. It is expressed often in the terms of A=A or in other philosophical works as some variation of Marcus Aurelius’ admonishment to “ask of each and every thing what is it in itself”.  This is less commentary than informal unscientific survey, but some of your answers will likely inform a future commentary. These questions kept hovering about as I considered the topic of the social compact. There seems to be a lot of confusion about the nature of the social compact model of government and that had been my intended topic for this weekend. However, as I thought about it and reviewed some older threads here where the subject had come up in preparation for addressing the subject, another area of confusion stood out as prevalent as well.  That confusion centers around the proper role of government in society, specifically the proper role of government as defined by the U.S. Constitution.

If we look at the Constitution itself, the Preamble contains a basic description of the function of our Federal government.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

It is important to note that the Preamble is not law in the traditional sense. It neither grants powers nor restricts action. It simply provides context for the purpose of the form of government as established in the following articles and amendments. It is a statement of our aspirational goals of government.

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Minnesota Man Faces Double Murder Charges In Home Burglary Case

2smith121112A retired State Department employee has been indicted on two charges of first-degree murder in the latest case involving “castle doctrine” claims. There is little dispute that the two teens, Nicholas Brady, 17, and Haile Kifer, 18, broke in the Minnesota home of Byron Smith, 64, on Thanksgiving Day. Indeed, Brady may have broken into the home twice before. However, Smith’s shooting the unarmed teens and his actions captured on his own videotaping system led to the charges.

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Morocco High Council Issues Fatwa To Kill Those Who Renounce Islam

stoningThe two most serious threats to religious critics remain blasphemy laws and apostasy laws in Muslim nations, which deny citizens the right to free speech and association on matters of religion. Apostasy is particularly lethal since Muslims in many countries follow what they believe to be the need to kill anyone who renounces Islam. Morocco’s Higher Council of Religious Scholars (CSO) has this week taken a step back in time with a fatwa demanding the death penalty for Muslims who renounce their faith. In the Hadith, Bukhari 52:260 quotes Mohammad as saying “If somebody [a Muslim] discards his religion, kill him.”

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Pay or Curse: Police Investigate “Threats” Against Chinese Immigrants

200px-Codex_Gigas_devilThere is an interesting crime being investigated in New York. Chinese immigrants are giving money to people who threaten that, if they do not pay, they will be cursed. The question is why this is a crime since the threat is based on superstition and cannot actually harm the individuals.

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Bulldog’s Pen: Maryland Prison Was Run By Gang Leader Who Impregnated Four Guards

480x600Maryland correctional officials are scrambling to explain how a gang got effective control of one of their prisons after more than a dozen Maryland state prison guards were arrested for assisting the Black Guerrilla Family in drug-trafficking and money-laundering. Thirteen female corrections officers are accused of a wide range of unlawful practices involving drugs, sex, and expensive cars that left four corrections officers pregnant by one inmate. It was probably not to hard to spot. In addition to the four pregnancies, two of the guards had tattoos of the inmate’s first name, Tavon. That is the first name of suspected gang leader Tavon “Bulldog” White (left). One guard had “Tavon” on her neck and the other on a wrist.

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Police: Mother Of Alleged Bomber Has Outstanding Criminal Charges

article-0-19747785000005DC-827_634x361Zubeidat Tsarnaeva, the mother of Boston Marathon alleged bombers Tamerlan and Tzhokhar Tsarnaevso, appears to be wanted for theft in the United States — a charge that could make her interview with authorities more complex for any lawyer. She failed to appear on a theft charge in Massachusetts in October. The looming charges appear to be one of the reasons for her reluctance to return to the United States.

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From Big Gulp To Big Brother: Bloomberg Calls For Reduction of Constitutional Protections

bloombergMayor Michael Bloomberg appears to be moving beyond dictating what people can drink and eat in his city despite judicial rulings finding his policies in violation of the Constitution. Bloomberg joined the Pavlovian response of politicians this week in calling for a reduction in civil liberties in response to the Boston Marathon bombing. Bloomberg warned citizens that the Constitution will “have to change” to allow for greater security to stave off future attacks.

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Faith-Healing Parents Arrested After Second Child Dies From Lack of Medical Care

schaible_ap_296I have previously written columns about Herbert and Catherine Schaible, who allowed their child to die pursuant to their religious beliefs of faith healing. They received probation for the death of Kent Schaible, 2, who died of bacterial pneumonia. They were convicted of involuntary manslaughter and child endangerment. Now, after being given 10 years probation conditioned on maintaining medical treatment for their children, they have allegedly killed another child through neglect in refusing basic medical care.

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New York Senator Calls For The Torture Of Boston Bombing Subject

200px-Gregball2UnknownNew York State Senator Greg Ball (R) took little time after the Boston bombing to call for the torture of 19-year-old Dzokhar Tsarnaev. Ball went to Twitter to call for the teenager to be tortured in the name of all of the values we hold dear as Americans.

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West Virginia Teen Arrested After Refusing To Remove NRA T-Shirt

article-2312730-196C26EA000005DC-284_634x354There is an interesting free speech case brewing in West Virginia where Jared Marcum, 14, has been criminally charged for refusing to remove a T-shirt with National Rifle Association’s logo and hunting rifle. The T-shirt was found in violation of Logan Middle School’s dress code. However, regardless of how you feel about gun rights, the T-shirt was the expression of a recognized constitutional right and constitutes political speech.

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