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United States District Court, S.D. New York
April 4, 2005.
United States, Plaintiff,
Isaac Dayan, Defendant.
On December 21, 2004, Defendant Isaac Dayan ("Dayan") was
convicted of one count of conspiracy to commit bank fraud in
violation of 18 U.S.C. § 371, and two counts of bank fraud in
violation of 18 U.S.C. § 1344. Dayan now moves for judgment of
acquittal pursuant to Fed.R.Crim.P. 29, or in the alternative
for a new trial pursuant to Fed.R.Crim.P. 33. For the reasons
stated herein, the motion is DENIED.
On July 12, 2004, Dayan was charged with conspiracy to commit
bank fraud (Count I) and three counts of bank fraud (Counts II,
III, & IV) for his involvement in what the Government claimed was
a check-kiting scheme between diamond dealers. A jury trial
commenced on December 13, 2004 and extended to December 21, 2004.
The Government produced testimony from bank officers, Dayan's
accountant, and a co-conspirator, Jacob Haas, who had cooperated
with the Government. The Government also introduced Dayan's bank
records and identified checks made to and from Dayan's companies
as well as diagrams to demonstrate his part in the direct and
triangular transfers illustrating the conspiracy. Prior to the
close of the Government's case, and to expedite the jury trial,
the Court deemed Dayan's counsel to have moved for a judgment of
acquittal and the Court reserved decision. Dayan was found guilty
by the jury of Count I (Conspiracy) and Counts II and IV (Bank
Fraud). Through his own testimony, Dayan admitted exchanging
checks with other diamond dealers that did not represent business
transactions and explained that the exchanges were done, in part,
to cover overdrafts in the conspirators' accounts or checks that
had been issued by the conspirators and were soon to be presented
to the conspirators' banks for payment. Dayan claimed that the
practice, which he called "loans and exchanges," was common in
the diamond industry and known and accepted by the banks. II. APPLICABLE LEGAL STANDARD
A. Rule 29
When a defendant moves pursuant to Fed.R.Crim.P. 29, the
district court must determine, based on all of the relevant
evidence, whether a rational juror "might fairly conclude guilt
beyond a reasonable doubt." United States v. Mariani,
725 F.2d 862, 865 (2d Cir. 1984) (internal quotations omitted). The
district court is required to (i) draw all reasonable inferences
in favor of the Government, and (ii) resolve all issues of
credibility in favor of the jury's verdict. United States v.
Weiss, 930 F.2d 185, 191 (2d Cir. 1991). Or put another way, to
succeed on the motion, a defendant must persuade the court that,
"viewing the evidence in the light most favorable to the
Government, . . . no rational trier of fact could have found the
essential elements of the crime charged beyond a reasonable
doubt." United States v. Leslie, 103 F.3d 1093, 1100 (2d Cir.
1997). A defendant challenging the sufficiency of evidence "bears
a heavy burden." United States v. Autori, 212 F.3d 105, 114 (2d
Cir. 2000); United States v. Tillem, 906 F.2d 814, 821 (2d Cir.
1990) (stating that motions challenging the sufficiency of the
evidence for a conviction "rarely carry the day").
B. Rule 33
Fed.R.Crim.P. 33 provides that "upon the defendant's motion,
the court may vacate any judgment and grant a new trial if the
interest of justice so requires." Fed.R.Crim.P. 33(a). It
confers broad discretion upon a trial court to set aside a jury
verdict and order a new trial in order to avert a perceived
miscarriage of justice. United States v. Sanchez,
969 F.2d 1409, 1413 (2d Cir. 1992). A defendant seeking a new trial bears
the burden of demonstrating the "essential unfairness of the
[first] trial." United States ex rel. Darcy v. Handy,
351 U.S. 454, 462 (1956). In adjudicating a Rule 33 motion, a court is
entitled to weigh the evidence and, in so doing, to evaluate the
credibility of the witnesses. Sanchez, 969 F.2d at 1413.
However, courts should only grant new trials in exceptional
circumstances. Id. at 1414. "[M]otions for a new trial are
disfavored in this Circuit." United States v. Gambino,
59 F.3d 353, 364 (2d Cir. 1995).
a. Counts I and II (Conspiracy and Bank Fraud)
Dayan moves the Court to set aside the jury's verdict and enter
a judgment of acquittal or alternatively, order a new trial on
Counts I and II, conspiracy to commit bank fraud and bank fraud
respectively. Dayan urges that there was insufficient evidence at
trial to establish that he (1) made false representations to bank
officers concerning checks in his accounts, (2) knew that a
purpose of the check exchanges was and did cause or permit others to seek
and maintain lines of credit based on false representations, or
(3) knowingly deposited worthless checks. The motions must be
The Bank Fraud statute, 18 U.S.C. § 1344, criminalizes
participation in "a scheme or artifice 1) to defraud a financial
institution; or 2) to obtain any of the money . . . owned by . . .
or under the . . . control of a financial institution by means
of false or fraudulent pretenses, representations, or promises."
Because the statute is phrased in the disjunctive the Government
need not satisfy both prongs. Under the first prong, courts have
held that "a check-kiting scheme, regardless of its scale or
complexity, constitutes a `scheme or artifice to defraud.'"
United States v. Burnett, 10 F.3d 74, 78 (2d Cir. 1993) (citing
United States v. Stone, 954 F.2d 1187, 1190 (6th Cir. 1992).
The second prong requires something more than a simple
check-kiting scheme, where the only falsehoods or
misrepresentations are the overdraft checks themselves. Id.
When the defendant's conduct exceeds the simple check-kiting
scheme, or is an "embellished" check-kiting scheme, the false or
fraudulent pretenses requirement of the second prong must be
satisfied. While this conduct could include false statements to
bank managers, it could also be the concealment of control over
an account or the careful coordination of deposits to conceal the
amount of money in an account during the clearing period, or the
float. Id. at 79.
First, Dayan contends the Government failed to establish that
he made false representations to banks. However, the government
produced evidence that Dayan's bank accounts showed checks
exchanged back and forth in substantially similar amounts without
the funds to cover them so as to create a "wash." In addition
co-conspirator, Jacob Haas, testified in detail about the
check-kiting activity and that he provided checks to Dayan that
Haas did not have funds in his account to cover. For purposes of
Rule 29, once the jury has rendered its verdict, the Court must
construe issues of credibility in favor of the Government.
United States v. Abelis, 146 F.3d 73, 80, (2d Cir. 1998).
Applying this standard, as I must, there is ample evidence to
support a jury's finding of guilt under either prong of § 1344.
Second, Dayan claims there was insufficient proof at trial to
establish that he knew the purpose of the check-kiting scheme was
to inflate sales and to increase his line or lines of credit, yet
Haas testified that the check exchanges were intended to obtain
credit for the conspirators and that he told Dayan, among other
things, that if he wanted to obtain increased lines of credit, he
should get an accountant to prepare financial statements with
inflated sales figures, and Dayan did just that. Thus, it would
be reasonable for the jury to find that Dayan knew the purpose of
the conspiracy was to 1) artificially inflate account balances and 2) to seek, receive,
maintain, increase, and/or renew lines of credit using false
Third, Dayan argues that the Government failed to prove that
Dayan "knowingly deposited worthless checks." He relies on the
Second Circuit's decision in United States v. Burnett,
10 F.3d 74 (2d Cir 1993), which summarized check-kiting as involving the
exchange of worthless checks for the purpose of inflating account
balances for a few days. Haas' testimony demonstrates that Dayan
was aware he was depositing checks into his account and that
those checks were worthless. There is also evidence that Dayan
knew that many of the checks he provided to his co-conspirators
as part of the scheme were written on accounts that lacked
sufficient funds to cover them. Dayan himself testified that he
provided checks to others to help them cover overdrafts.
Reviewing the evidence in the light most favorable to the
government, I cannot set aside the jury's verdict on Counts I and
II and this is so despite lingering concerns about Mr. Haas and
his credibility. In short, there is precious little to warrant a
new trial.
b. Count IV (Bank Fraud)
Dayan argues that the Government failed to offer sufficient
evidence that Dayan provided false and fraudulent information to
Fleet National Bank, and therefore, the Court should enter a
judgment of acquittal as to the bank fraud charge in Count IV. At
trial, Dayan's accountant testified that he prepared financial
statements at Dayan's request and later withdrew those financial
statements when he found out from Dayan that the account balances
he had used to make his determination included not only sales
proceeds but "loans and exchanges" which had inflated the account
balances. It was these inflated statements that the defendant
used to dupe the bank.
Dayan contends that the Government never offered evidence to
prove which figure was wrong, the $8,660,505 sales amount
reflected in the line of credit application or the $1,500,000 in
sales included in Dayan's tax return for 1999. It is enough that
the accountant withdrew his financial statements upon finding
that the sales figures for 1999 were inflated from "loans and
exchanges." Based on the accountant's testimony and the
application to Fleet which was never corrected, it was reasonable
for the jury to conclude that Dayan was aware of the falsity of
the application considering that he asked his accountant to
prepare the financial statements specifically to get the line of
credit, and knew that the statements included loans and exchanges
and as such were inflated. c. Jury Instructions
i. The Court's Instruction on "Intent to Defraud"
In its jury instruction, the Court provided the definition of
"intent to defraud" as "to act willfully with intent to deceive
for the purpose of causing some financial loss or risk of
financial loss to another here, to obtain money or property
from a bank without the company's informed consent." Dayan
contends that this instruction was plain error because the
"scheme to defraud" clause of bank fraud does not require him to
inform the bank of the nature of his transactions, and there was
substantial prejudice as a result of the instruction.
Pursuant to Fed.R.Crim.P. 30, the failure to raise an
objection prior to jury deliberation, as is the case here,
requires the Court to review the jury charge for plain error.
Fed.R.Crim.P. 30(d), 52(b). To constitute plain error, there
must be error that is plain and it must "affect substantial
rights," Johnson v. United States, 520 U.S. 466-67 (quoting
United States v. Olano, 507 U.S. 725, 732 (1993)) meaning the
defendant was prejudiced by the error, and the instruction
"caused a miscarriage of justice when viewed as a whole and in
the context of the entire trial." United States v. Vebeliunas,
76 F.3d 1283, 1291 (2d Cir. 1996) (plain error must "`have
affected the outcome of the District Court proceedings'")
(quoting Olano, 507 U.S. at 734).
Here, the Court's instruction was not error, and even if it
were, it would not have changed the outcome. Under United States
v. Stavroulakis, 952 F.2d 686, 694 (2d Cir. 1992), "a conviction
under the `scheme to defraud' clause of the bank fraud statute
requires that the defendant engage in or attempt to engage in a
pattern or course of conduct designed to deceive a federally
chartered or insured financial institution into releasing
property, with the intent to victimize the institution by
exposing it to actual or potential loss." Dayan objects to the
portion of the instruction that stated, "here, to obtain money or
property from a bank without the company's informed consent" but
Dayan could have been found to have acted with intent to defraud
in obtaining money from his banks simply on his representation
that the checks were good, the bank paid checks on uncollected
funds. In other words, he tricked the banks into believing that
the checks he was depositing represented legitimate diamond sales
rather than mere money transfers. Even if the instruction were an
incorrect statement of the law, it did not affect Dayan's
substantial rights.
ii. The Court's Response to the Jury's Question Regarding
Count IV
During deliberations, the jury submitted a question as to
whether the definition of "attempt to defraud" could include
other information on the loan applications besides the sales
figures. After some discussion with counsel and accord by the
parties, the Court submitted the text of pertinent portions of
the charge. The Court also advised the parties that it would
consider the issue further. Before any further discussions could take place, the jury came in
with its verdict. Dayan now argues that the instruction given
constitutes reversible error. Trial courts have discretion to
determine what language to use in instructing the jury as long as
they adequately state the law. United States v. Civelli,
883 F.2d 191, 195 (2d Cir. 1991) (if a supplemental charge is
warranted, "the district court enjoys broad discretion in
determining how, and under what circumstances, that charge will
be given") (citations omitted). Here, the Court's supplemental
instructions to the jury restating the applicable law were
perfectly reasonable and done with the consent of the defense. By
the time an objection was lodged about what more should be said
to the jury and before the Court decided whether to provide a
further instruction (it was at least 4:30 p.m. and one juror, as
I recall, had to leave to teach a course at 5:00 p.m.) the jury
came in with a verdict.
For the reasons stated in this Opinion, the motions by
Defendant for judgment of acquittal or, in the alternative, a new
trial are hereby DENIED.
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text:
AnandTech has a reputation for providing some of the most in-depth, geeky reviews of products around, and that still is the case with their review of Apple's latest tablet, the iPad mini. While they did arrive late to the review party, the review is far more detailed than those that did arrive on the day the embargo broke. Patience pays off, it seems.
The mini's form factor is really where all of the innovation is. It's thin, light and an almost perfect balance of functional screen size and portability. I really love this form factor. In my life, a tablet is really an augmentive device rather than something that takes the place of a larger notebook. As such, I actually want something even more portable than the current Retina iPad and the mini delivers just that….
From a performance standpoint, the iPad mini is basically the same as the iPad 2. You do lose out on the battery life front (especially compared to the newer 32nm iPad 2,4), but in terms of repsonsiveness the mini is no different. Thanks to just how power hungry the iPad 3 and 4 are, the mini's battery life isn't really much worse despite the significantly smaller battery….
Unlike most brand new ultramobile devices, I don't necessarily see buying the mini today (vs. waiting for the 2nd generation) as a bad idea.
Those are just a few of the tidbits, and the review goes on to cover various aspects of the device in-depth (WiFi performance, anyone?). As such, AnandTech's review of the iPad mini is a must-read.

subset: commoncrawl


text:
39020 5 Mile Road, Livonia, Michigan
This is Christ's church.
There's a Place for you here.
Join us for worship!
Saturday Evening 5:00 pm
Casual worship
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Holy Communion celebrated at all services
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Located just east of 275 at 39020 5 Mile Road in Livonia.
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Who We Are
What We Believe
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Site Map
Sunday Advent Worship at HTLC
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Holy Trinity Lutheran Church
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text: We went on Thursday night, you need reservations the place y not sure big and is always full. We ordered the sangria and tapas variadas, the food was amazing also the Pata Negra pincho was really good! The service was great the employees speak German, English & Spanish. The ambience is a little loud for Germany but overall was really... More


text:
who listens to Imagine Dragon?
biggest fan ever!
▼Scroll down for more questions▼
Answers (11)
vote up or down the answers
on June 05, 2014
I love Imagine Dragons! Their music is awesome! My favorite song by them is probably Demons.
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ive been big into the song its time because latly I moved so I kinda could relate to it ..I like radioactive and theres another one I like a lot just cant remember the name atm
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awesomeness,so what's your favorite song by em?
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text:
*** FujiLinks May 2011 ***
Fotonut wrote:
Hi all,
Some folks have contacted me to inquire about Service Manuals.
I have had to point to this thread for info.
Please note:
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I am able to update single files but that's is just not an option anymore.
Effectively i have NOT been able to update the site for 17 months now. So much for putting your trust in a free hoster.
Unless i manage to download a complete copy of the site it is effectively dead.
Grabbing 1 file at the time is just not an option.
If anyone knows of a (free) program (win7) to grab a complete website please contact me via email from the link below.
Greets and Happy Holidays.
Fotonut.-- hide signature --
Snap snap - click click. FujiLinks - http://fujilinks.110mb.com/index.html
Have you tried "httrack". This program will allow you to copy an entire Website to your local directory, including links, images etc..
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|Ruby Red Dress by cjf2
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from Shades of Blue in Nature


text:
Publishers Weekly - Publisher's WeeklyCombining brief fictionalized accounts of historical events with factual information, profiles of notable women and men, and related projects, these titles adopt a playful approach to teaching American history. Revolution describes life in the 13 colonies and the road to independence, including the Boston Tea Party, the winter at Valley Forge and the Battle of Yorktown. The hands-on sections include a play about the Boston Massacre, a game in which players take on the roles of a customs officer and a smuggler, and a recipe for ``Old Glory Ice Cream.'' Biographies of Phillis Wheatley and Thomas Paine, as well as sections on pirates, secret codes and an early submarine, round out an already comprehensive volume. Less focused, American Indians explores the legends, traditions and customs of the many tribes that made their homes in what is now the United States. Various spreads are devoted to coming-of-age ceremonies, Hopi architecture, the whale hunts of the Makah and other topics. Activity ideas range from weaving baskets to making spirit figures and playing traditional games. The snappy, fast-paced lessons are short enough to whet the appetite without being overwhelming; lists of books and videos and information about visiting historic sites are appended. Ages 8-12. (May)
Book of the American Civil Warby Howard Egger-Bovet, D. J. Simison (Illustrator), Marlene Smith-Baranzini
Focuses on the experiences of individuals in the Civil War through first-person narratives, from the perspective of both the North and the South, and speeches delivered before and during the conflict.
Focuses on the experiences of individuals in the Civil War through first-person narratives, from the perspective of both the North and the South, and speeches delivered before and during the conflict.
Editorial Reviews
School Library JournalGr 5-7This exciting series entry provides fascinating bits of information about the early days of our nation's history, from Washington's inauguration to the cessation of the war with Mexico. The authors make history come alive through a somewhat loose, chronologically ordered narrative that successfully combines a primary-source-based text with well-rendered, informative, black-and-white illustrations and maps. Quotations and excerpts from diaries, journals, etc. shed light upon the roles played by many of our country's first citizens; many of these entries are found in the sidebars that are distributed throughout the book. Also contributing to format's overall utility and attractiveness is the inclusion of ``bait'' for students, such as dramatic readings and poetry, a Mississippi River board game, and crafts and other activities, which could be used to supplement classroom textbooks. The index is sufficiently detailed, and an ``If You Want to Know More'' section suggests books to read, projects, and historical sites to visit. Unfortunately, experiences of fictional young people of the time are included; and for real people featured, some of their thoughts, words, and deeds are fictionalized. This is a flaw that may be difficult to forgive. Some libraries may still prefer John A. Scott's Facts on File History of the American People (Facts on File, 1989), as well as Edwin Tunis's The Young United States and Colonial Living (both Crowell, 1976).David A. Lindsey, Lakewood High and Middle School Libraries, WA
Product Details
- 9780316222433
- Publisher:
- Little, Brown and Company
- Publication date:
- 09/28/1998
- Series:
- Brown Paper School Bks.
- Pages:
- 96
- Product dimensions:
- 8.51(w) x 10.93(h) x 0.33(d)
- Age Range:
- 8 - 12 Years
Customer Reviews
Average Review:
Most Helpful Customer Reviews
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text: We were walking Market street & decided to grab lunch before our horse & buggy ride- this was 1PM (our ride was scheduled for 2pm). We were the only people waiting to be seated (only 2 of us). We were told people were clearing tables- no one was seated outside. Behind us people were lining up to be seated. We... More


text:
Icecat: syndicator of product information via global open catalog with more than 3717423 data-sheets 14018 brands – register (free)
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The general trademark of a manufacturer by which the consumer knows its products. A manufacturer can have multiple brand names. Some manufacturers license their brand names to other producers.Belkin
Product name:
Product name is a brand's identification of a product, often a model name, but not totally unique as it can include some product variants. Product name is a key part of the Icecat product title on a product data-sheet.USB PDA Adapter
Product code :
The brand's unique identifier for a product. Multiple product codes can be mapped to one mother product data-sheet if the specifications are identical. We map away wrong codes or sometimes logistic variants.F5U109EA
EAN/UPC code :
European Article Number (EAN) and Universal Product Code (UPC) are better known as the barcode on a product's packaging to uniquely identify a product in a shop or logistic process. One product data-sheet can have multiple barcodes depending on logistic variations such as packaging or country.0722868383544
Category :
An explansion board you insert into your computer so the computer can be connected to a networkinterface cards/adapters
Data-sheet quality: created/standardized by Icecat
The quality of the product data-sheet can be on several levels:
only logistic data imported: we have only basic data imported from a supplier, a data-sheet is not yet created by an editor.
created by Belkin: a data-sheet is imported from an official source from a manufacturer. But the data-sheet is not yet standardized by an Icecat editor.
created/standardized by Icecat: the data-sheet is created or standardized by an Icecat editor.
only logistic data imported: we have only basic data imported from a supplier, a data-sheet is not yet created by an editor.
created by Belkin: a data-sheet is imported from an official source from a manufacturer. But the data-sheet is not yet standardized by an Icecat editor.
created/standardized by Icecat: the data-sheet is created or standardized by an Icecat editor.
Included since: 15 Jul 2005
The date Icecat noticed for the first time that this product was included in the price list of a channel partner
Info modified on: 18 Jan 2016 17:52:25
The date of the most recent change of this product data-sheet in Icecat.
Product views: 15292
This statistic is based on the 63279 using ecommerce sites (eshops, distributors, comparison sites, ecommerce ASPs, purchase systems, etc) downloading this Icecat data-sheet since 15-07-05 Only sponsoring brands are included in the free Open Icecat content distribution as used by 61605 free Open Icecat users .
Long product name Belkin USB PDA Adapter:
The short editorial description of Belkin USB PDA AdapterUSB PDA Adapter
Marketing text Belkin USB PDA Adapter:
The official marketing text of Belkin USB PDA Adapter as supplied by the manufacturerHandheld PC users like their info handy, within reach and easily accessible at all times. Keeping in touch with clients and remembering important meetings is vital.The Belkin USB Serial Adapter provides one DB9 Serial Port and is the easiest and most convenient way to connect your handheld personal digital assistant to your PC or Macintosh computer.
Attach your PDA to your PC through USB. Transfer data or perform HotSync® functions quicker with Plug-and Play convenience. Eliminates need to attach, re-attach, and install your serial mouse.
Advantages :
• Works with PalmPilot organizers and other popular handheld PDAs
• Plug-and-Play simplicity: The DB9 serial port of the built-in device cable connects to the PDA and the USB connector connects to the computer
• Belkin Lifetime Warranty
• Completely portable- weighs an astounding 1.8oz.
• Built-in USB Device Cable
• Compatible with Windows® Me, Windows® 98, Windows® 2000, Windows XP, and Mac® up to OS 9.xx
• Status LEDs monitor data transfer activity.
Short summary description Belkin USB PDA Adapter:
This short summary of the Belkin USB PDA Adapter data-sheet is auto-generated and uses the product title and the first six key specs.Belkin USB PDA Adapter, USB, USB, RS-232, Wired, -Windows 98, ME, 2000, XP -Mac OS 8.6 +
Long summary description Belkin USB PDA Adapter:
This is an auto-generated long summary of Belkin USB PDA Adapter based on the first three specs of the first five spec groups.Belkin USB PDA Adapter. Host interface: USB. Data transfer rate: 12 Mbit/s, Data link protocols: USB, RS-232, Connectivity technology: Wired
This is a demo of a seamless insert of an Icecat LIVE product data-sheet in your website. Imagine that this responsive data-sheet is included in the product page of your webshop. How to integrate Icecat LIVE JavaScript.
Ports & interfaces
Host interface*
Interface that enables a host controller to communicate with a driver.
Plug and Play
Indicates whether this product supports is "plug and play". Plug and play is hardware or software that, after being installed ("plugged in"), can immediately be used ("played with"), as opposed to hardware or software which requires configuration.
Other features
Data transfer rate
Rate at which data can be transferred, usually measured in units per second. May vary with network configurations.
12 Mbit/s
Other features
Data link protocols
Connectivity technology
Mac compatibility
Product can be used with Apple Mac software and/or hardware.
Compatible operating systems
List of desktop operating systems tested as compatible with this product.
-Windows 98, ME, 2000, XP
-Mac OS 8.6 +
-Mac OS 8.6 +
I/O ports
An interface on a device to which you can connect another device.
1 x 9 pin D-Sub (DB-9)
1 x 4 PIN USB Type A
1 x 4 PIN USB Type A


text:
It's been about a year since I last completed a hundred mile ride on my bike. With no specific training for a century ride, I rode 100 miles comfortably today using these ninja sportive hacks. … [Read more...]
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Here's a little Twitter snapshot of what people thought of Etape Cymru 2013 … [Read more...]
Wild Wales Challenge 2013 – The movie
The Wild Wales Challenge has become my favourite event of the cycling calendar. Maybe it's because they got the name right. It's in Wales, bits of it are really wild, and there's no doubting that with all those hills, it is very challenging. … [Read more...]
Twitter reflections on #WildWales
[View the story "Twitter reflections on #WildWalesChallenge 2013" on Storify] … [Read more...]
The day we out-cycled a steam train.
Something magical always seems to happen on the Wild Wales Challenge. But could we really out run a steam train? … [Read more...]
Wild Wales Challenge 2013 – almost here
Sportives are big business these days. With increasing numbers of cyclists wanting to prove themselves in mass participation events (not races) there's serious money to be made from a pretty 'loaded' demographic. … [Read more...]


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discussed in biography
...Young Poland, he wrote the novel W roztokach (1903; "In the Mountain Valleys"), which presents a gloomy image of the country's poorest districts and their inhabitants. Drzewiej (1912; "In the Old Days") lyrically describes the life of the Tatra region's first settlers. Listy ze wsi, 2 vol. (1925–27; "Letters from a...


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Voltage, Wood, and Metal Detector Pro'sKit NT-6352
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Edwards� Singles Key Lime Pie. In a cookie crust. 2 slices. Made with real key west lime juice. Since 1950
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Always refer to the actual package for the most accurate information


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I've been to a lot of costume parties. One costume that I own is a French Maid uniform and I've worn that to several parties. There is a lot of ruffles on my uniform but it is fun to wear.
How would you feel if your boyfriend wanted to dress as a French Maid for a costume party?
What Girls Said 4
I would be shocked at first, but then I'd think it was funny later. It's just a costume party, so it's not like he'd be wearing it everyday. that would be kinda weird..ha.10|10|0
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College News
Cowley Attends BGS Student Leadership Forum
Jacquelyn Cowley, one of the College's Beta Gamma Sigma (BGS) co-liaisons, represented the School of Business and the Fisher BGS chapter at the annual BGS Student Leadership Spring Forum in San Antonio, Texas. The forum took place from February 6-9.
The forum provides an opportunity for BGS members to collaborate, share ideas, and enhance their leadership skills through team-building exercises, guest speakers, and other developmental activities. This year, the forum welcomed students from all across the country and the globe including members from Hong Kong, Germany, and Canada.
Cowley's favorite event from the forum involved guest speaker Alyssa Preston, Founder and Principal of Communication Architect SAGE, LLC, who walked students through a leadership self-analysis that encouraged them to question their own lives and step out of their comfort zones.
"From this experience I have learned that I need to pursue the things I am passionate about at the risk of everything, because in the end, you only fail when you stop trying," said Cowley.
This interactive learning experience provided Cowley with a new leadership outlook and a new list of goals for the Fisher BGS chapter this year. She plans to incorporate what she has learned from this forum into her own life in order to improve herself for the future.
Cowley actively shows her support in the accounting community by serving as the Chair of the College's Accounting Club and attending leadership forums at various accounting firms. She was also the recipient of this year's RABEF Scholarship, given to students for their outstanding display of business leadership and academic excellence. Aside from her accounting involvement, Cowley holds a leadership position on the Teddi Committee, and volunteers her time at Camp Good Days and Special Times over the summer. She plans on attending graduate school to pursue a Master's of Tax degree.
Check out photos from Move In Day 2016 on Flickr!
Latest College News Stories
- Accounting Professor Selected for Third Fulbright
- Lavery Librarians Win Audience Award at Fast Pitch Competition
- Share Your Family Recipes with the Fisher Cookbook
- Mental Health Counseling Program Earns Grant to Fund New Training Program
- Fall Athletes Achieve Historic Seasons for Fisher
- Stress Free Week Activities Help Ease Finals Frenzy
- Grant Gives Media Arts Lab an Interactive Makeover
- Fisher Event Registers 60 Bone Marrow Donors


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Eight Effective Ways to Dispose of a Body
According to the Central Intelligence Agency's World Factbook, the worldwide human death rate averages nearly 8 per 1,000 in population. With over six billion people on the planet, that's about 55.3 million deaths per year — 151,600 a day, 6,316 an hour, 105 a minute, and nearly 2 per second. That's a lot of bodies to dump.
Conventional cemetery burial and fossil-fuel cremation are the two main means of corpse disposal but both have drawbacks by way of cost, use of natural resources, and effects on the environment. Today, many people are looking for alternate solutions in sending-off their dearly departed.
Here are eight other effective ways to dispose of a body.
1. Promession is the process of freeze-dying human remains. Whereas cremation incinerates a body resulting in ash (ashes to ashes–dust to dust, as the saying goes), promession produces .04 inch (1 millimeter) diameter particles of organic material that can be returned to the earth in many ways.
The process is relatively simple… and gentle.
First, the corpse is frozen at 0 degrees Fahrenheit (-18 Celcius) and then placed in a vat of liquid nitrogen where the temperature drops to -320 Fahrenheit (-196 Celcius). A mechanical device vibrates the body which disintegrates in minutes, then the material is freeze-dried in a vacuum chamber, removing the water and reducing the weight to thirty percent of the original mass. Metals such as fillings and artificial devices are picked-out then the dry powder is placed in an urn and returned to the family.
2. Biodegradable caskets and burial shrouds are replacing exotic wood and metal coffins which used to be buried six feet underground in crowded, designated cemeteries. The thinking was to preserve the body as long as possible and delay the natural decomposition process.
Today, innovative interment containers made of —> Read More


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April 10, 2007
JOHN MCLAUGHLIN, PLAINTIFF,v.ATLANTIC CITY, ET AL., DEFENDANTS.
[Doc. No. 57]
This matter is before the Court on plaintiff's Motion to Compel the Mental Examination of Defendant Domenic Raddi Pursuant to Federal Rule of Civil Procedure 35. [Doc. No. 57]. The motion is opposed by Officer Raddi [Doc. No. 58], the City of Atlantic City and Arthur C. Snellbacker (Atlantic City Police Commissioner) [Doc. No. 59]. For the reasons to be discussed, plaintiff's motion is DENIED.
The complaint in this matter was originally filed in the United States District Court for the Eastern District of New York but was transferred to this court on April 27, 2005. [Doc. No. 16]. In brief summary, plaintiff alleges that on October 12, 2003, Officer Raddi, among others, used excessive force in arresting him on the Atlantic City Boardwalk. Officer Raddi argues that the incident in question "arises from a bachelor party for one of the Plaintiff's relatives that 'got out of hand'." (Brief at 1). Defendants allege that force was required to subdue the plaintiff due to the fact that plaintiff did not comply with the orders of the police and attempted to assault Officer Raddi. (Id.) In addition to the claim against Officer Raddi, plaintiff also sued the City of Atlantic City and another police officer, Michael Camp. Plaintiff alleges that Atlantic City failed to properly train, hire and supervise Officers Raddi and Camp. Plaintiff also alleges that Officer Raddi had a history of psychological problems that made him unfit to be a police officer and that this was well known to Atlantic City. (Id. at 2).
During the course of discovery plaintiff obtained psychiatric and psychological records from at least three medical professionals who treated and/or evaluated Officer Raddi: Dr. Amita Talati, Dr. Dorothy C. Saynisch and Dr. Gary Glass. These records comprise approximately fifty (50) pages of typed and handwritten notes documenting in detail numerous examinations and evaluations of Officer Raddi from March, 1996 to February, 2005. Dr. Talati met with Officer Raddi over several sessions between February and April of 2004. Officer Raddi was also seen by Dr. Saynisch for five sessions from March through July, 2004. According to plaintiff, Dr. Glass evaluated Officer Raddi on March 4, 1996 and February 7, 2005, "at the request of the Atlantic City Police Department in order to determine whether he suffered from any psychiatric or emotional condition that could impair his ability to function as a police officer." (Brief at 4).
In connection with its prosecution of this case plaintiff retained an expert in the field of psychiatry, Luciano Lizzi, M.D., J.D., to review Officer Raddi's records. Dr. Lizzi's February 19, 2007 letter to plaintiff's counsel reads as follows:
... I reviewed the psychiatric and psychological evaluations of Mr. Dominic Raddi as well as several legal documents. You had requested whether it would be necessary to perform a psychiatric evaluation of Mr. Raddi at this time. After a review of his records I believe a current psychiatric evaluation of Mr. Raddi is necessary. This is based on the fact that the evaluations by Amita Talati, MD and Dorothy C. Saynisch, Ph.D. are somewhat cursory and consequently an appreciation of Mr. Raddi's mental health condition can only be obtained by a more recent and more in depth evaluation.
Furthermore, I believe that the psychiatric evaluations by Gary Glass, MD, although thorough, were performed on March 4, 1996 and February 25, 2005, nearly ten years apart. His diagnoses differ with each report and also are at variance with Dr. Saynisch's evaluation.
Consequently I recommend a new evaluation of Mr. Raddi to clarify these issues.
See Exhibit E to Plaintiff's Brief. Plaintiff relies on Dr. Lizzi's letter to support his argument that this Court should order a psychiatric examination of Officer Raddi.
Plaintiff correctly points out that his request to compel the mental examination of Officer Raddi is controlled by Fed. R. Civ. P. 35(a) which reads:
When the mental or physical condition ... of a party ... is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner.... The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties....
The determination of whether a mental examination should be ordered requires a fact intensive analysis. See Ziemann v. Burlington County Bridge Commission, 155 F.R.D. 497, 501 (D.N.J. 1994). Whether to order an examination is ultimately left to the sound discretion of the court. See Bowen v. Parking Authority of City of Camden, 214 F.R.D. 188, 191 (D.N.J. 2003).
The seminal case interpreting Rule 35 is Schlagenhauf v. Holder, 379 U.S. 104 (1964). This case arose out of a lawsuit filed by a passenger on a Greyhound bus that was rear-ended by a tractor-trailer. In the lower court action the court ordered the bus driver to submit to mental and physical examinations requested by the owner of the tractor. The Supreme Court addressed the issue after the Circuit Court of Appeals denied the bus driver's application for mandamus. The Supreme Court vacated the Circuit Court's decision and remanded the case to the District Court for re-examination of its decision in light of the guidelines the Court formulated.
The decision in Schlagenhauf addressed several key points that are applicable to plaintiff's motion. First, the Supreme Court held that Rule 35 is as equally applicable to a defendant as it is to a plaintiff. 379 U.S. at 112. ("Rule 35 on its face applies to all 'parties' which under any normal reading would include a defendant"). Second, the Supreme Court ruled that before a mental examination may be ordered it is not enough to show that the examination is merely relevant to the issues in the case. Instead, a mental examination may be ordered only when the mental condition of a party is "in controversy" and there is "good cause" to order the examination. Id. at 118. These requirements, "are not met by mere conclusory allegations of the pleadings-nor by mere relevance to the case--but require an affirmative showing by the movant that each condition as to which the examination is sought is really and genuinely in controversy and that good cause exists for ordering each particular examination." Id. Third, the Supreme Court described the scrutiny a court must apply before ordering a Rule 35 examination: "[m]ental and physical examinations are only to be ordered upon a discriminating application by the district judge of the limitations prescribed by the Rule. To hold otherwise would mean that such examinations could be ordered routinely.... The plain language of Rule 35 precludes such an untoward result." Id. at 121-122.
The requirement in Rule 35 that the mental condition of a party be "in controversy" is not a "mere formality." Id. at 118. In this case, Officer Raddi has not placed his mental condition at issue either in support of or in defense of a claim. Therefore, it is plaintiff's burden to make an affirmative showing that Officer Raddi's mental condition is in controversy. Id. at 119. This is not met by "mere conclusory allegations of the pleadings--nor by mere relevance to the case." Id. at 118.
Although in most instances Rule 35 motions are directed to a plaintiff (see, e.g., Bowen, supra; Ziemann, supra), there is no serious question in this case that Officer Raddi's mental condition is "in controversy." In fact, the gravamen of plaintiff's case appears to be that Officer Raddi was psychologically unfit to be a police officer on October 12, 2003, and this was known by Atlantic City.*fn1 If plaintiff's complaint merely contained a general allegation that Officer Raddi suffered from psychological problems, and no evidence was proffered to support this allegation, the Court would be hesitant to rule that the "in controversy" requirement was met. In such an instance, the Court does not believe Officer Raddi's mental condition would be "really and genuinely in controversy." However, plaintiff is not merely relying upon general allegations. Instead, plaintiff has produced Officer Raddi's medical records which affirmatively demonstrate that from at least as early as 1996 his psychological fitness to be a police officer was questioned. This Court is not deciding whether Officer Raddi's problems existed in October, 2003. However, it is plain that plaintiff has presented sufficient evidence to support its claim that Officer Raddi's mental condition on October 12, 2003 is "in controversy" in the case.
Nonetheless, plaintiff's satisfaction of the "in controversy" requirement of Rule 35 is not determinative. Plaintiff must also show there is "good cause" to order a defense mental examination. Plaintiff has not satisfied this burden. Simply stated, plaintiff has not provided credible evidence that an examination of Officer Raddi in April 2007 is relevant to determining his mental status on October 12, 2003. Dr. Lizzi, plaintiff's psychiatric expert, does not squarely address this issue. Dr. Lizzi's conclusory statement that "a current psychiatric evaluation of Mr. Raddi is necessary" is not adequate to satisfy plaintiff's affirmative burden of showing good cause for the examination. This Court is not requiring plaintiff to prove his case on the merits in order to order a Rule 35 mental examination. Id. at 119. However, plaintiff must produce more than conclusory statements by a psychiatric expert to support its burden of proof. This Court would be usurping its obligation to perform a "discriminating application" of the requirements of Rule 35 if it granted plaintiff's motion based on Dr. Lizzi's general statement.
Plaintiff argues that Officer Raddi's mental examination is necessary, "[i]n light of the different opinions offered by Drs. Glass, Talati and Saynisch, as well as lack of substantive analysis conducted by Drs. Talati and Saynisch in 2004." (Brief at 6.) Plaintiff's burden to show "good cause" to examine Officer Raddi is not satisfied by the fact that the diagnoses of medical professionals may differ. The difference of opinion may be caused by a change in Officer Raddi's condition, or it may simply reflect the fact that different medical professionals looking at the same facts may reach different conclusions. This difference of opinion does not necessitate that yet another examination be done, especially when the purpose of the exam is to give an opinion of the patient's mental status 31/2 years ago. Furthermore, after reviewing Officer Raddi's records, the Court does not agree with Dr. Lizzi that Officer Raddi's doctors did not do a "substantive analysis." The referenced records contain detailed notes of Officer Raddi's examinations along with the examiner's candid impressions and conclusions. All of these records are available to Dr. Lizzi. Plaintiff also argues that Officer Raddi's mental examination is necessary because "Officer Raddi was not completely candid and accurate in the information he provided in 2004." (Brief at 8). While this statement may or may not be accurate, it is irrelevant to plaintiff's motion. Plaintiff and Dr. Lizzi may test Officer Raddi's credibility at trial by referring to his deposition testimony, medical records and other discovery conducted in the case.
Although there are not a lot of reported New Jersey cases addressing Rule 35, the Rule has been interpreted in legions of cases decided around the country. One common theme running through these decisions, which this Court agrees with, is that a request to examine a party will be denied when the information that can be obtained from a Rule 35 examination is available through other means.*fn2 This is precisely the situation that exists in this case.
If plaintiff believes Officer Raddi was not completely candid with his doctors, or that the doctor's examinations were not sufficiently probing, plaintiff had more than an adequate opportunity to obtain through interrogatories and depositions the identical information Dr. Lizzi proposes to obtain during his examination of Officer Raddi. Furthermore, plaintiff has not alleged that Drs. Talati, Saynisch and Glass are not available for deposition. In Bowen, supra, the court denied the defendants' request to take the plaintiff's mental examination and wrote, "[t]he finding that the defendants are not entitled to a Rule 35 mental examination does not, however, preclude the defendants from obtaining discovery concerning the plaintiff's psychiatric history." 214 F.R.D. at 195. In addition, the court ruled that the defendant was permitted to inquire into all relevant information regarding the plaintiff's mental condition, but a "fishing expedition" was not permitted. Id. These statements are as equally applicable to this case as they were in Bowen.
Throughout the course of this case plaintiff has not been barred from conducting any relevant discovery regarding Officer Raddi's mental condition. Therefore, not only has plaintiff failed to show "good cause" for Officer Raddi's mental examination, but plaintiff can obtain from other less intrusive means essentially the same information that would be learned from Dr. Lizzi's examination.
Accordingly, for all the foregoing reasons, IT IS hereby ORDERED this 10th day of April, 2007, that plaintiff's Motion to Compel the Mental Examination of Defendant Dominic Raddi Pursuant to Federal Rule of Civil Procedure 35 is DENIED.
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There are two Ph.D. student positions available at my research group LERSSE. Ph.D. students are accepted with full support in the form of research assistantships and positions are available starting September 2017.
Collaborative Study of Snooping on Mobile Phones Gets SOUPS Award
SOUPS '16 paper on the prevalence of snooping on mobile phones has received Distinguished Paper award. The paper reports a series of quantitative studies that allowed a more accurate measurement of this phenomena. The study was led by our collaborators at the University of Lisbon. It was inspired by our previous study presented at Mobile CHI '13. Continue reading
Investigation of Phishing Avoidance
This paper reports on a design and development of a mobile game prototype as an educational tool helping computer users to protect themselves against phishing attacks. The elements of a game design framework for avoiding phishing attacks were used to address the game design issues. Our mobile game design aimed to enhance the users' avoidance behaviour through motivation to protect themselves against phishing threats. Continue reading
What I Love About My Research
As part of Innovate (in October) 2015, I gave a 7-minute "edutainment" talk, explaining in a very accessible form my current research, using an example of a recent study of iPhone's TouchID:
Findings on Touch ID in plain (British) English
My research group had a paper presented at SOUPS on the interplay between TouchID and iPhone security, which I've described in a recent post. Here's a video made by a wonderful team at Kindea Labs that explains the key findings in language accessible virtually to anyone:
Towards strong and memorable passwords
System-generated random passwords have maximum password security and are highly resistant to guessing attacks. However, few systems use such passwords because they are difficult to remember. In this paper, we propose a system-initiated user-replaceable password scheme called "Surpass" that lets users replace few characters in a random password to make it more memorable. Continue reading
Android Rooting: Methods, Detection, and Evasion
User root their Android (or jailbreak their iPhone) smartphones. They do so in order to run useful apps that require root privileges, to remove restrictions by carriers and hardware manufacturers, and to alter or remove system apps. Rooted devices are prevalent. According to a recent Android security report, Google Verify Apps detected rooting apps installed on approximately 2.5M devices.
How Much Can Chunking Help to Remember Banking PINs?
To ensure that users do not choose weak personal identification numbers (PINs), many banks give out system-generated random PINs. 4-digit is the most commonly used PIN length, but 6-digit system-generated PINs are also becoming popular. The increased security we get from using system-generated PINs, however, comes at the cost of memorability. And while banks are increasingly adopting system-generated PINs, the impact on memorability of such PINs has not been studied.
In a collaboration among Honeywell ACS Labs, Sungkyunkwan University, Oregon State University, University of Illinois at Urbana-Champaign, and UBC, we conducted a large-scale online user study with 9,114 participants to investigate the impact of increased PIN length on the memorability of PINs, and whether number chunking techniques (breaking a single number into multiple smaller numbers) can be applied to improve memorability for larger PIN lengths. Our findings have been reported at SOUPS '15. Continue reading
Touch ID: How Does It Affect iPhone Security?
Recently, Apple has introduced Touch ID, which allows a fingerprint-based authentication to be used for iPhone unlocking. It's positioned to allow users to use stronger passcodes for locking their iOS devices, without substantially sacrificing usability. It is unclear, however, if users take advantage of Touch ID technology and if they, indeed, employ stronger passcodes. In order to answer this question, at LERSSE, we conducted three user studies through which we found that users do not take an advantage of Touch ID and use weak unlocking secrets. Continue reading


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Soie Red Embroidered Dress
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- Elevate your stylish collection with this red dress from Soie. Made of cotton , this slim fit dress is comfortable to wear. Featuring a boat neck and embroidered pattern, this sleeveless dress looks stunning. Accessorize it with cool aviators to complete your look.
- Fit - Slim fit
- Color - Red
- Model fit - Model is 5'7"/170 cms and is wearing a size S
- Wash Care - Machine wash
- Fabric - Cotton
- Product Listing Id :MP000000000411776
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Total Passengers:2014
Ship Age/Refurbished:7 yrs ago
Crew to Passenger Ratio:2.01
Number of Decks:12
Total Cabins:990
Cabin Categories:18
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Nearest station to Bakko
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Archway Road, London, Haringey, N6 5UA
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Bounds Green Road, London, Haringey, N11 2QG
26 mins from Bakko
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Tottenham Lane, Hornsey , London, Haringey, N8 9DJ
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The London Borough of Haringey
Haringey Haringey is famous for its literary connections such as Sir John Betjeman, who lived in West Hill as a child and also Karl Marx who is buried in nearby Highgate Cemetery. In the Western half of the borough stands Alexandra Palace, the last great Victorian exhibition space in Europe and the birth place of television. It boasts panoramic views over London and plays host to many major annual events. The Parkland Walk links Alexandra Palace to Finsbury Park, home to the famous Fleadh annual open air music event.
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