text:
Thursday, May 26, 2016
Post Luis Blues
In Luis v. United States, the Supreme Court held that pretrial restraint of untainted assets needed by a criminal defendant to retain counsel of choice violates the Sixth Amendment. But what about pretrial restraint of untainted assets not needed to hire counsel? The Fourth Circuit, alone among federal circuits, permits pretrial restraint of untainted substitute assets, subject to Sixth Amendment concerns. In United States v. Chamberlain, in the Eastern District of North Carolina, the government moved for a post-indictment pretrial restraining order against the defendant's untainted substitute asset pursuant to 21 U.S.C. Section 853(e). Both the defendant and government agreed that the untainted asset in question, a parcel of land, was not needed by Chamberlain in order to secure criminal defense counsel. The defendant opposed the government's motion, arguing that Justice Breyer's language/analysis in Section II.B.1. of Luis foreclosed pretrial restraint of any substitute asset under Section 853, in effect overruling Fourth Circuit precedent. The government maintained that Luis was inapplicable since Chamberlain raised no Sixth Amendment issue. Judge Mack Howard sided with the government. "While the undersigned agrees that the Supreme Court may in fact interpret Section 853 in this way in the future, it has not yet ruled on this issue and has not upset applicable Fourth Circuit precedents governing the instant question presented before this court." Steve West was on the briefs for the government and Elliot Abrams (Cheshire Parker Schneider & Bryan) and Tommy Manning (Manning Law Firm) were on the briefs for Chamberlain. According to Abrams, this all matters at a practical level for the criminal defense bar:
Consider the facts of Luis. There the government established probable cause to believe that the defendant obtained more in illegal proceeds than she currently possesses.
Under Luis, she can use her innocent/substitute assets to pay her attorneys a reasonable fee. But under Billman and its progeny the relation-back doctrine of 853(c) applies to all of those innocent/substitute assets such that, if she is convicted, the government's ownership interest in all of her assets will be deemed to have vested before she paid her attorneys.
Therefore, if she is convicted, the government can forfeit all funds paid for legal services, despite that a court authorized those payments under the Sixth Amendment.
Section 853(n) does not help because the lawyer's right vested after the property became forfeitable and because the lawyer had reason to believe that the property was subject to forfeiture. And since forfeiture is mandatory, the court could not exempt those funds from forfeiture.
This would create the same Sixth Amendment problem that Luis solved—people being unable to use their innocent assets to hire counsel. It would also force lawyers to take such cases on contingency, which is ethically improper.
Here are the government and defense briefs and Judge Howard's opinion. U.S. v. Chamberlain - Gov Application Restraining Order, U.S. v. Chamberlain - Response in Opposition to Gov Motion for Restraining Order, U.S. v. Chamberlain-Government's Reply Memorandum, U.S. v. Chamberlain-Defendant's Sur-Reply, U.S. v. Chamberlain-Order Granting Government's Motion.
Judge Howard's Order is being appealed to the Fourth Circuit.
May 26, 2016 in Forfeiture, Judicial Opinions | Permalink | Comments (0)
Thursday, May 19, 2016
Speedy Trial Clause Does Not Encompass Sentencing Delay
This just in from the Supreme Court. The Sixth Amendment's Speedy Trial Clause does not apply to the time between conviction, via trial or guilty plea, and sentencing. Justice Ginsburg wrote the unanimous opinion. The Court noted that petitioner did not base his claim on the Due Process Clause and refused to speak to the issue of whether excessive delay between conviction and sentencing might run afoul of Due Process. The Court reserved the question of whether the Speedy Trial Clause may apply in the case of bifurcated procedures, in which facts that could enhance the prescribed sentencing range are determined during the sentencing phase. The Court also left open whether the Speedy Trial right reattaches upon renewed prosecution of a convicted defendant who has prevailed on appeal. Justice Sotomayor wrote a separate concurrence stating that "in the appropriate case" she would consider applying the Barker v. Wingo test to determine whether delay between conviction and sentencing ran afoul of Due Process. Justice Thomas, joined by Justice Alito, wrote separately to say that the Court should not prejudge the Due Process question, but should wait for a proper presentation, argument, and full briefing "before taking a position on this issue." The case is Betterman v. Montana.
May 19, 2016 | Permalink | Comments (0)
Thursday, May 5, 2016
NACDL/ILR Law & Policy Symposium - May 26th
NACDL and the US Chamber of Commerce have a Law & Policy Symposium on Thursday May 26, 2016 at the US Chamber of Commerce in Washington, D.C. The title of the program is "The Enforcement Maze: Over-Criminalizing American Enterprise." The morning keynote speaker will be Chair of the House Committee on the Judiciary Bob Goodlatte, with David Ogden, former deputy AG, doing a keynote address later in the day. For the full program, see here - Download Agenda_NACDL-ILR Law Policy Symposium_External Agenda_5-5-16
May 5, 2016 in Conferences, News | Permalink | Comments (0)
Wednesday, May 4, 2016
Ninth Circuit Reverses Judge Real for Berating Lawyer
As every veteran litigator knows, who the trial judge is not only a major determinant in the ultimate result of a case, but a major factor in how unpleasant and difficult the lawyer's life will be. There are judges, I suspect fewer than in the past, who are so biased to defendants and hostile to their lawyers, more often to defense lawyers than prosecutors, that the case is a nightmare for the lawyers (and obviously their clients). Reversals of judges for intemperate and biased conduct toward lawyers, or even the generally meaningless criticisms in cases that are not reversed, are rare. Defense lawyers, therefore, rejoice when one of those decisions is issued by an appellate court.
Last week, the Ninth Circuit in an unpublished opinion, United States v. Onyeabor, 13-50431 (April 27, 2016), reversed a conviction by a jury before Central District of California Judge Manuel Real primarily because the judge's remarks "devastated the defense, projected an appearance of hostility to the defense, and went far beyond the court's supervisory role" so that they "revealed such a high degree of antagonism as to make fair judgment impossible." This is not the first time the court has admonished Judge Real, who in 2006 was the subject of a Congressional investigation which considered but did not vote impeachment.
Almost every state has a judicial conduct commission which on occasion removes unfit judges. These commissions generally consist of a combination of judges, lawyers, and laypeople. There is no direct federal analog, although there is a somewhat clumsy apparatus whereby the judiciary itself may impose sanctions and recommend that Congress consider impeachment. Sanctions on federal judges for abusing lawyers and litigants are, to my knowledge, virtually non-existent. Although a federal judge apparently may be removed for beating a spouse (as Alabama District Judge Mark Fuller likely would have, had he not resigned) , he or she will likely not be sanctioned at all for beating up lawyers and defendants.
May 4, 2016 in Defense Counsel, Judicial Opinions, Legal Ethics | Permalink | Comments (2)
Sunday, May 1, 2016
Prosecutorial Accountability 2.0 - Green & Yaroshefsky
Check out this forthcoming article by Bruce Green and Ellen Yaroshefsky that is forthcoming in Notre Dame Law Review -
"The article rejects suggestions that the rhetorical and regulatory changes occurred because prosecutorial misconduct has become more prevalent. It identifies other social causes: a public awakening to criminal justice problems for which prosecutors bear responsibility; revelations, in particular, regarding the role of prosecutorial misconduct in wrongful conviction cases; new social science understandings about social and psychological predicates for prosecutorial wrongdoing; and reform organizations' inclusion of systemic prosecutorial reform on their agenda. The article shows how the internet has served as the essential catalyst for shifting public and judicial attitudes. The article concludes by predicting that the old and new approaches to prosecutorial accountability will coexist into the foreseeable future, and that the implications will include both a more active judicial role in critiquing and overseeing prosecutors and increased self-regulation by prosecutors' offices."
May 1, 2016 in Scholarship | Permalink | Comments (0)
Thursday, April 28, 2016
Textualism and White Collar Crime
A wonderful article appeared in the NYLJ back in March concerning textualism in white collar law. Authors Elkan Abramowitz and Jonathan Sack remark on the broadly worded statutes one finds in the white collar arsenal, and how Justice Scalia was a leader in using a textualist approach in interpreting these statutes. The authors of this article reflect on the "exculpatory no" and obstruction of justice as two examples in demonstrating the use of textualism.
With Justice Scalia no longer with us, it will be interesting to see if others pick up this theme in current cases such as former Gov. McDonnell.
Article - Download Justice Scalia's Approach to Textualism in White-Collar Law - Sack Abramowitz
April 28, 2016 in About This Blog, Scholarship | Permalink | Comments (0)
Monday, April 25, 2016
Supremes Take A Bank Fraud Case
The United States Supreme Court accepted cert this morning in Shaw v. United States here. In 2014 the Court had looked at section 1344(2) of the bank fraud statute. (Loughrin v. United States). In contrast to Loughrin, this new case examines subsection (1), specifically the "scheme to defraud a financial institution" and whether it requires proof of a specific intent not only to deceive. The case comes from the 9th Circuit where the court examined the question of "whether that means the government must prove the defendant intended the bank to be the principal financial victim of the fraud." The Ninth Circuit held that although there needs to be an intent to defraud the bank under section 1, there is no requirement that the bank "be the intended financial victim of the fraud." Other circuits, however, have "held that risk of financial loss to the bank is an element that must be proven under section 1344(1). Stay tuned...
April 25, 2016 in Fraud, Judicial Opinions | Permalink | Comments (0)
Wednesday, April 20, 2016
Silver's Alleged Extramarital Affairs to be Considered at Sentencing
Judge Valerie Caproni, the Southern District of New York judge presiding over the case of convicted former New York State Assembly Speaker Sheldon Silver, has unsealed papers submitted by United States Attorney Preet Bharara alleging that the convicted politician had affairs with two women who allegedly received favorable treatment from him in his professional capacity. The women, whose names were redacted from court papers (but identified, with accompanying photos, by the New York Daily News) were allegedly a prominent lobbyist who dealt regularly with Silver in his official capacity and a former state official whom Silver allegedly helped get a state position.
The government, whose efforts to introduce evidence of the relationships at trial were rebuffed by the judge, argued it should be able to provide such evidence at sentencing, purportedly to demonstrate that these relationships and favors provided by Silver demonstrated a pattern of abuse of power and possibly to rebut any evidence, including Silver's 50-year marriage, of Silver's good character. The judge seemed to accept the first argument, stating that she viewed this information "as a piece with the crimes for which Mr. Silver stands convicted," although "not exactly the same since no one is suggesting a quid pro quo, but of a piece of a misuse of his public office, and that's why I think it is relevant."
Generally, a federal judge has a right to consider virtually any information on sentencing, but I am uneasy about the injection of information of extramarital affairs of a defendant into the sentencing decision. If "no one is suggesting a quid pro quo," as Judge Caproni said, I question its relevance. Unless there is some basis that Silver did something favorable for these women because of their alleged sexual relationships - which I would call a "quid pro quo - I wonder whether his alleged actions constitute a "misuse of public office."
There, of course, is a difference between allowing a party to present evidence or argument at sentencing and factoring that information into the sentencing decision, and, absent specific facts, I am hesitant to say the material should not be considered. I am troubled, however, by the possibility that a defendant's alleged marital infidelity will become a regular part of a prosecutor's sentencing toolbox.
I am relatively sure that my first boss, from almost fifty years ago, Frank Hogan, the legendary and exemplary longtime District Attorney of New York County, would not have proffered such evidence, but Mr. Hogan was a man with a perhaps old-fashioned notion of fair play in a perhaps gentler age in which prosecutors rarely took aggressive (or even any) positions on sentencing (and the press did not publicize the dalliances of public officials).
(I note that Mr. Silver, whom I never met or spoke with, or contributed to, appointed me three times (and failed to reappoint me a fourth) to serve on the New York State Commission on Judicial Conduct).
April 20, 2016 in Corruption, Current Affairs, News, Prosecutions, Sentencing | Permalink | Comments (0)
Sunday, April 17, 2016
First Circuit Refines Mens Rea and Aiding and Abetting
Last week in a significant opinion involving mens rea and the federal aiding and abetting statute, 18 U.S.C. Section 2(a), the First Circuit threw out a conviction based on faulty jury instructions.
The instruction allowed the jury to convict the defendant if she "knew or had reason to know" that her husband had been previously convicted of a criminal offense punishable by a term of over one year.
The court ruled that the "had reason to know" language impermissibly allowed for conviction on a theory of negligence.
Here is the key language:
"Notwithstanding Xavier and its progeny, we therefore adhere to our view that, in order to establish criminal liability under 18 U.S.C. § 2 for aiding and abetting criminal behavior, and subject to several caveats we will next address, the government need prove beyond a reasonable doubt that the putative aider and abettor knew the facts that make the principal's conduct criminal. In this case, that means that the government must prove that Darlene knew that James had previously been convicted of a crime punishable by more than a year in prison. Having so concluded, and before turning to consider the effect of this holding on this appeal, we add several important caveats."
The chief caveat imposed by the court was that "knowledge" can be established through a "willful blindness" instruction, if "(1) the defendant claims lack of knowledge; (2) the evidence would support an inference that the defendant consciously engaged in a course of deliberate ignorance; and (3) the proposed instruction, as a whole, could not lead the jury to conclude that an inference of knowledge [is] mandatory."
The case is U.S. v. Ford (1st Cir. 2016) (mens rea for aiding and abetting).
April 17, 2016 | Permalink | Comments (0)
Saturday, April 9, 2016
Settlement by Trump Required Alleged Victims to Tell DA They Don't Want to Assist
The New York Times reported on Tuesday, April 5 that Donald Trump, contrary to his asserted practice of refusing to settle civil cases against him, had settled a civil fraud suit brought by disgruntled purchasers of Trump SoHo (New York) condos setting forth fraud allegations that also were being investigated by the District Attorney of New York County ("Donald Trump Settled a Real Estate Lawsuit, and a Criminal Case Was Dismissed"). The suit alleged that Trump and two of his children had misrepresented the status of purchaser interest in the condos to make it appear that they were a good investment.
What made this case most interesting to me is language, no doubt inserted by Trump's lawyers, that required as a condition of settlement that the plaintiffs "who may have previously cooperated" with the District Attorney notify him that they no longer wished to "participate in any investigation or criminal prosecution" related to the subject of the lawsuit. The settlement papers did allow the plaintiffs to respond to a subpoena or court order (as they would be required by law), but required that if they did they notify the defendants.
These somewhat unusual and to an extent daring conditions were no doubt designed to impair the District Attorney's investigation and enhance the ability of the defendants to track and combat it, while skirting the New York State penal statutes relating to bribery of and tampering with a witness. The New York statute relating to bribery of a witness proscribes conferring, offering or agreeing to confer a benefit on a witness or prospective witness upon an agreement that the witness "will absent himself or otherwise avoid or seek to avoid appearing or testifying at [an] action or proceeding" (or an agreement to influence his testimony). Penal Law 215.11 (see also Penal Law 215.30, Tampering with a Witness). Denying a prosecutor the ability to speak with prospective victims outside a grand jury makes the prosecutor's job of gathering and understanding evidence difficult in any case. Here, where it is likely, primarily because of a 120-day maximum residency limit on condo purchasers, that many were foreigners or non-New York residents and thus not easily served with process, the non-cooperation clause may have impaired the investigation more than it would have in most cases.
A clause requiring a purchaser to declare a lack of desire to participate, of course, is not the same as an absolute requirement that the purchaser not participate. And, absent legal process compelling one's attendance, one has no legal duty to cooperate with a prosecutor. It is questionable that if, after one expressed a desire not to participate, his later decision to assist the prosecutor voluntarily would violate the contract (but many purchasers would not want to take a chance). The condition of the contract thus, in my view, did not violate the New York statutes, especially since the New York Court of Appeals has strictly construed their language. People v. Harper, 75 N.Y.2d 373 (1990)(paying victim to "drop" the case not violative of statute).
I have no idea whether the settlement payment to the plaintiffs would have been less without the condition they notify the District Attorney of their desire not to cooperate. And, although the non-cooperation of the alleged victims no doubt made the District Attorney's path to charges more difficult, the facts, as reported, do not seem to make out a sustainable criminal prosecution. Allegedly, the purchasers relied on deceptive statements, as quoted in newspaper articles, by Mr. Trump's daughter Ivanka and son Donald Jr. that purportedly overstated the number of apartments sold and by Mr. Trump that purportedly overstated the number of those who had applied for or expressed interest in the condos, each implying that the condos, whose sales had actually been slow, were highly sought. A threshold question for the prosecutors undoubtedly was whether the statements, if made and if inaccurate, had gone beyond acceptable (or at least non-criminal) puffing into unacceptable (and criminal) misrepresentations.
Lawyers settling civil cases where there are ongoing or potential parallel criminal investigations are concerned whether payments to alleged victims may be construed by aggressive prosecutors as bribes, and often shy away from inserting restrictions on the victims cooperating with prosecutors. On the other hand, those lawyers (and their clients) want some protection against a criminal prosecution based on the same allegations as the civil suit. Here, Trump's lawyers boldly inserted a clause that likely hampered the prosecutors' case and did so within the law. Nonetheless, lawyers seeking to emulate the Trump lawyers should be extremely cautious and be aware of the specific legal (and ethical) limits in their jurisdictions. For instance, I personally would be extremely hesitant to condition a settlement of a civil case on an alleged victim's notifying a federal prosecutor he does not want to participate in a parallel federal investigation. The federal statutes concerning obstruction of justice and witness tampering are broader and more liberally construed than the corresponding New York statutes.
April 9, 2016 in Celebrities, Civil Litigation, Current Affairs, Defense Counsel, Fraud, Investigations, Legal Ethics, News, Obstruction, Prosecutors | Permalink | Comments (0)
Wednesday, April 6, 2016
DC Circuit - Executive Controls DPA - Fokker Services Case
The DC Circuit Court of Appeals, Hon. Srinivasan, vacated the district court order in the Fokker case finding that these "determinations are for the Executive - not the courts - to make." The case arose "from the interplay between the operation of a DPA and the running of time limitations under the Speedy Trial Act." The Court of Appeals held "that the Act confers no authority in a court to withhold exclusion of time pursuant to a DPA based on concerns that the government should bring different charges or should charge different defendants." Some key quotes from the decision -
"The Constitution allocates primacy in criminal charging decisions to the Executive Branch."
"It has long been settled that the Judiciary generally lacks authority to second-guess those Executive determinations, much less to impose its own charging preferences."
"Nothing in the statute's terms or structure suggests any intention to subvert those constitutionally rooted principles so as to enable the Judiciary to second-guess the Executive's exercise of discretion over the initiation and dismissal of criminal charges."
"The context of a DPA is markedly different. Unlike a plea agreement - and more like a dismissal under Rule 48(a) - a DPA involves no formal judicial action imposing or adopting its terms."
Opinion here.
April 6, 2016 in Judicial Opinions | Permalink | Comments (0)
Friday, April 1, 2016
The Criminalization of Compliance
Todd Haugh, Indiana University - Kelley School of Business - has an interesting new article posted online entitled "The Criminalization of Compliance."
From the abstract:
Corporate compliance is becoming increasingly "criminalized." What began as a means of industry self-regulation has morphed into a multi-billion dollar effort to avoid government intervention in business, specifically criminal and quasi-criminal investigations and prosecutions. In order to avoid application of the criminal law, companies have adopted compliance programs that are motivated by and mimic that law, using the precepts of criminal legislation, enforcement, and adjudication to advance their compliance goals. This approach to compliance is inherently flawed, however — it can never be fully effective in abating corporate wrongdoing. Explaining why that is forms this Article's main contribution. Criminalized compliance regimes are inherently ineffective because they impose unintended behavioral consequences on corporate employees. Employees subject to criminalized compliance have greater opportunities to rationalize their future unethical or illegal behavior. Rationalizations are a key component in the psychological process necessary for the commission of corporate crime — they allow offenders to square their self-perception as "good people" with the illegal behavior they are contemplating, thereby allowing the behavior to go forward. Criminalized compliance regimes fuel these rationalizations, and in turn bad corporate conduct. By importing into the corporation many of the criminal law's delegitimatizing features, criminalized compliance creates space for rationalizations, facilitating the necessary precursors to the commission of white collar and corporate crime. The result is that many compliance programs, by mimicking the criminal law in hopes of reducing employee misconduct, are actually fostering it. This insight, which offers a new way of conceptualizing corporate compliance, explains the ineffectiveness of many compliance programs and also suggests how companies might go about fixing them.
April 1, 2016 in Scholarship | Permalink | Comments (0)
Wednesday, March 30, 2016
Sixth Amendment Right to Counsel Infringed When Untainted Assets are Frozen, Preventing Payment of Attorney Fees
In Sila Luis v. United States, the Supreme Court rules "[a] federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. See 18 U. S. C. §1345. Those assets include: (1) property 'obtained as a result of' the crime, (2) property 'traceable' to the crime, and (3) other 'property of equivalent value.' §1345(a)(2). In this case, the Government has obtained a court order that freezes assets belonging to the third category of property, namely, property that is untainted by the crime, and that belongs fully to the defendant. That order, the defendant says, prevents her from paying her lawyer. She claims that insofar as it does so, it violates her Sixth Amendment 'right . . . to have the Assistance of Counsel for [her] defence.' We agree."
Full opinion here. Congratulations to Howard Srebnick, who argued this case.
March 30, 2016 in Judicial Opinions | Permalink | Comments (0)
Monday, March 21, 2016
New Paper re Internal Investigations and Privilege
I have just published a new article in the Compliance Elliance Journal entitled "Internal Investigations and the Evolving Fate of Privilege."
In 1981, the United States Supreme Court delivered a landmark ruling in Upjohn Co. v. United States. The decision made clear that the protections afforded by the attorney-client privilege apply to internal corporate investigations. This piece examines the fundamental tenets of Upjohn, discusses some recent challenges to the applicability of privilege to materials gathered during internal investigations, and considers the manner in which the international nature of modern internal investigations adds complexity and uncertainty to the field.
The article is available for free download here.
March 21, 2016 in International, Investigations, Privileges, Scholarship | Permalink | Comments (0)
Friday, March 18, 2016
Two Defense Victories: M.D. Florida and E.D. Virginia
We note two recent victories in federal white collar jury trials, one by a seasoned hand and another by an up and coming star. In U.S. v. Kallini, Dr. Adel Kallini, a former anesthesiologist and now pain management physician practicing in Broward County, Florida, was indicted in the Middle District of Florida, Tampa Division. Dr. Kallini was charged with one count of conspiracy to commit health care fraud and wire fraud, as well as one count of falsification of records in a federal investigation. The Government also sought forfeiture of over $1MM.
Dr. Kallina was defended by longtime NACDL Board Member Brian Bieber of Gray Robinson, and his associate Alex Strassman. According to Bieber:
Our sole defense at trial was good faith reliance upon the advice of counsel. In June, 2013, Dr. Kallini's tax attorney presented him with a business "deal", proposed to the attorney by two people who claimed to be legitimately involved in the health care field. (Unbeknownst to Dr. Kallini and his lawyer, the two were involved in health care fraud for the past three years which included, but was not limited to, paying kickbacks to patients and doctors in South Florida). The "deal" presented to Dr. Kallini, through his lawyer, essentially required Dr. Kallini to "rent" out his Medicare provider number for (what he was told) the billing of legitimate services provided to patients by other physicians who, for one reason or another, could not bill Medicare for the services provided. From the payments, Dr. Kallini was to receive 25%, his lawyer 10%, and the two others 65%. Dr. Kallini's lawyer prepared a written agreement/contract reflecting the above.
Dr. Kallini has been practicing medicine since 1971 and had a Medicare provider number since 1973. Having never previously done anything of this nature, he asked his lawyer point blank: "Is this legal?" His lawyer told him it was. Dr. Kallini signed the agreement/contract.
On cross examination, the Government's expert witness was forced to concede the critical differences between intentional fraud and unintentional "abuse" of the Medicare payment system. The expert also acknowledged that if the defense's factual theory of the case was correct, Dr. Kallini's conduct could fall into the non-criminal category. Bieber's cross examination of the expert on this point was greatly aided by Strassman's discovery on the internet of a six year old Power Point presentation prepared by the expert in which he taught a group of Government investigators the differences between the intentional defrauding of Medicare and the "unintentional abuse" of the payment system. Dr. Kallini was the sole defense witness.
In U.S. v. Upchurch, et al., in the EDVA (Alexandria Division), Eugene Gorokhov of Washington DC's Burnham & Gorokhov, assisted by Ziran Zhang, represented defendant Matthew Jones. According to Gorokhov:
A group of young adults, to include my client, went to a Six Flags amusement park on a Saturday in the Summer of 2015. On the day they were there, numerous people at Six Flags had their belongings stolen, to include bags containing wallets and credit cards. Later surveillance videos showed that several individuals in my client's group used the stolen credit cards at nearby stores on the same days. My client, however, was not in any of the videos.
Despite the apparent lack of evidence against my client, the Government still charged him, along with the others, with conspiracy to commit wire fraud and access device fraud. As to my client, the only evidence of his involvement was: (1) the appearance of his home address on a fraudulent credit card application, made in the name of a victim who had her belongings stolen from the park; (2) the use of the fraudulently obtained card to pay a phone bill under his name. Multiple people lived at my client's home address. After indictment, phone records showed that his phone account had two phone numbers, and other evidence the investigator had showed that one of these numbers was used by another resident of his house, giving that person incentive to pay the phone.
The Government investigator, during the course of his investigation: (1) did not interview any of the other residents living at my client's home address, despite knowing that more than one person lived at my client's address; (2) overlooked the fact that the fraudulent credit card application listed an email address associated with one of the other residents at my client's address (and admitted that he overlooked it at trial); (3) did not subpoena any of ATM surveillance videos associated with several fraudulent ATM transactions on the credit card, and those videos were ultimately erased in accordance with the bank's retention policy; and (4) did not obtain recorded phone calls between the credit card company and the individual who made the fraudulent card application, even though there were about a dozen such calls. Those calls surfaced 24 hours before trial and were, for unknown reasons, not previously produced by the bank. Those calls showed that it was someone else, and not my client, attempting to activate the fraudulent card.
During deliberations, the jurors came back with a question that asked, in essence, whether they could find a defendant guilty based only on his knowledge of a crime, and his presence at the scene. The defense asked Judge Brinkema for a "mere presence" instruction, which she gave. Thirty minutes later, the jury came back with a verdict of not guilty with respect to Eugene's client.
Congratulations to Bieber and Gorokhov and their respective teams. And if you have a federal white collar jury trial victory to report do not hesitate to let me know. We'll do our best to publish it and discuss its significance here.
March 18, 2016 in Fraud, Verdict | Permalink | Comments (0)
Wednesday, March 16, 2016
On the Nomination of Merrick Garland as the Replacement for Antonin Scalia
By now, every reader knows that President Obama has appointed D.C. Circuit Chief Judge Merrick Garland to the Supreme Court. On the merits, Garland appears to be a sterling appointment with impressive credentials and moderately liberal views on most issues and moderately pro-government views on criminal issues, positions that approximate those of the President. As a political matter, he, of the named contenders for the Supreme Court, is the one most likely to overcome the Republicans' stated refusal to approve any nominee until the next President is in office. I predict that Garland will be confirmed, but not until 2017, in the first term of President Hilary Clinton.
Garland, I also predict, will be a middle-of-the-road justice on criminal justice issues and generally pro-government on white-collar crime issues, somewhat like Justice Elena Kagan. He will, at least on white-collar issues, be far less pro-defense than his predecessor, Justice Antonin Scalia. Scalia, although painted by liberals as an arch-conservative (as indeed he was on some social issues, like abortion and same-sex marriages) had pro-defense views on many issues, such as the right to confront witnesses, the right to trial by jury, and overcriminalization. Not only did he often vote in favor of the defendant, he sometimes authored opinions with innovative interpretations that became established law.
At a bar affair at which I was introduced to Justice Scalia as the president of the National Association of Criminal Defense Lawyers, he said, absolutely deadpan, "Why don't you guys give me an award? I'm the best justice you have." The NACDL never did, nor was it to my knowledge ever seriously considered, no doubt because of his overall conservative reputation and record. It may to some seem far-fetched, but I would not be surprised if a few years ago from now, white-collar defense lawyers will be lamenting the loss of Justice Scalia.
March 16, 2016 in Current Affairs, Defense Counsel | Permalink | Comments (1)
Monday, March 14, 2016
Judge Uses ABA CJS "Shadow Guidelines" To Sentence CEO
In November 2014, the American Bar Association Criminal Justice Section Task Force on the Reform of Federal Sentencing for Economic Crimes published its final report. The report recommended major changes to the structure of the Federal Sentencing Guidelines for economic crimes. In particular, the report sought to reduce the current Guideline's dominant focus on loss in favor of a more balanced approach that weighed loss, culpability, and victim impact. I discussed these proposed amendments more fully here. Though the ABA CJS Task Force recommendations were not adopted by the Federal Sentencing Commission (see here and here), some courts have begun to use the ABA "Shadow Guidelines" when varying in economic crimes cases.
Last week, a federal judge in New York used the ABA "Shadow Guidelines" in sentencing Mair Faibish, former CEO of Synergy Brands, Inc. Faibish was accused of kiting checks worth in excess of $1 billion. According to the DOJ press release in the case:
Synergy was a publicly-held food products company that traded on the NASDAQ and Over-the-Counter exchanges and manufactured and distributed various food products. As proven at trial, Faibish and his co-conspirators, on behalf of Synergy, funneled approximately $1.3 billion in checks that were not backed by sufficient funds through Signature Bank, Capital One Bank, and various Canadian bank accounts of associated food manufacturers and distributors in Canada. The Canadian companies then sent checks in corresponding amounts, which were also not backed by sufficient funds, back to Faibish-controlled shell companies. Because the banks made deposited funds immediately available for withdrawal, the scheme artificially inflated the companies' account balances. Faibish and his co-conspirators used Synergy's inflated bank account balances to book millions of dollars in fictitious accounts receivable and revenue.
As a result of this fraud, FDIC-insured Signature Bank lost approximately $26 million that Faibish and his co-conspirators had withdrawn before the bank uncovered the scheme. Following the scheme's collapse, Synergy was taken into bankruptcy, and its publicly traded stock became essentially worthless, causing millions of dollars in investor losses. On November 4, 2014, the Court ordered Faibish to pay $51,166,000 in forfeiture.
The trial evidence also established that Faibish falsely inflated the values of Synergy's sales, cost of goods sold, and pre-paid expenses in filings with the SEC for the quarter ending June 30, 2008. These material misrepresentations were breaches of the defendant's fiduciary duties to investors.
The Federal Sentencing Guideline range in the case was life in prison, though the maximum available sentence was actually less due to applicable statutory maximums. Despite the Federal Sentencing Guideline range and the government's request for decades in prison for Faibish, the Court rejected these arguments and sentenced him to 63 months in prison (see here and here). According to LAW360, the judge stated at sentencing that the Federal Sentencing Guidelines for economic crimes are "almost useless" because of their reliance and focus on loss in calculating the applicable sentencing range. Instead, the judge used the ABA "Shadow Guidelines" to determine what he considered to be a more appropriate sentence.
This seems to be yet another indication of the growing dissatisfaction among judges with the Federal Sentencing Guidelines for economic offenses (see here and here) and should serve as yet another call for the Federal Sentencing Commission to consider more significant reforms in the future.
March 14, 2016 in Fraud, Prosecutions, Sentencing | Permalink | Comments (0)
Monday, March 7, 2016
Bulger Appeals Court Upholds Denial of Right to Argue Immunity Before Jury
What do Bill Cosby and Whitey Bulger have in common? Both have lost challenges to criminal accusations based on the claim that their prosecutions were barred because they received oral, informal grants of immunity from prosecutors.
Last week, the First Circuit denied the appeal of Joseph (Whitey) Bulger, the notorious Boston mobster who was on the lam for 17 years until his 2011 arrest in California. Bulger was convicted after trial in 2013 for racketeering for participating in eleven murders and other crimes, and was sentenced to two life sentences plus five years. He is now 86.
Bulger's primary claim on appeal was that he was denied his constitutional rights to testify and to present an effective defense by the refusal of the trial judge to allow him to testify before the jury that he was granted immunity for both past and future crimes by a now-deceased high-ranking DOJ prosecutor. Interestingly, Bulger claimed that that the purported immunity grant was not in exchange, as one might suppose, for his providing information to or testifying for the prosecutor, but for his protecting the prosecutor's life. He insisted, contrary to widely-accepted reports, that he was not an informant.
The Court of Appeals upheld the district court's rulings that whether the prosecution was barred because of immunity was to be determined prior to trial by the judge, and not by the jury, and thus Burger could not present to the jury testimony about the purported immunity promise . Although the appeals court ruled that Burger had waived consideration of the issue on the merits by his failure to present the trial judge with any evidence, but only with a "broad, bald assertion from defense counsel lacking any particularized details," it reviewed the judge's merits determination on a "plain error" standard, and found that the judge was not "clearly wrong" in deciding that Bulger had failed to demonstrate either that the promise had been made, or, that if it had been made, that the promising prosecutor had authority to make it..
The government described Bulger's claim that the prosecutor promised him immunity "frivolous and absurd." What did give Bulger's contention an infinitesimally slight possibility of credibility, however, was that there was a demonstrated history (although not presented at the trial) that the Boston FBI had for years ignored Bulger's criminal acts when he served as an informant for them.
To be sure, the similarities between the Cosby and Bulger situations are limited. In the Cosby case the then District Attorney, the prosecutor who, if anyone, had authority to grant immunity, testified that he did promise not to prosecute Cosby. Here, there was no corroboration whatsoever of the purported promise by a now-dead prosecutor, and the Department of Justice strongly contended that even had such a promise been made, the prosecutor had no authority to make it. However, the decision, made by a respected appellate court (although under a different set of procedural rules and no binding or other authority over a Pennsylvania state trial court) does squarely hold that whether a prosecutor has granted immunity is not a jury question. And, should Cosby try to re-litigate the immunity issue before his jury, the decision will likely be cited by the District Attorney.
March 7, 2016 in Celebrities, Current Affairs, Judicial Opinions, News, Prosecutions, Prosecutors | Permalink | Comments (2)
What Every Federal Prosecutor (and Every Federal Criminal Defense Attorney) in Texas Should Know
Texas Disciplinary Rule of Professional Conduct 3.09(d) requires a prosecutor to:
make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal.
Rule 3.04(a) requires, among other things, that "a lawyer shall not obstruct another party's access to evidence."
In a highly significant ethics opinion, signed and delivered on December 17, 2015, the Texas Board of Disciplinary Appeals ("BODA") ruled that Rule 3.09(d) does not contain the Brady v. Maryland materiality element, or any de minimus exception to the prosecutor's duty to disclose exculpatory information in a timely manner. BODA also held that Rule 3.09(d) applies in the context of guilty pleas as well as trials. In other words, the prosecutor cannot negotiate a guilty plea without beforehand disclosing exculpatory information to the defense.
The case decided by BODA is Schultz v. Commission for Lawyer Discipline. William Schultz was the Assistant District Attorney in Denton County. He prosecuted Silvano Uriostegui for assaulting Maria Uriostegui, his estranged wife. Maria testified at a protective order hearing that Silvano was her attacker. Schultz never disclosed to the defense that Maria could only identify Silvano by his smell, boot impression, and stature "as seen in the shadow," as it was dark at the time and Maria could not see her attacker's face. Schultz learned this information from Maria one month prior to the trial date. Silvano entered a guilty plea. At the sentencing hearing, Maria testified "that she did not see her attacker's face and that she did not know whether her attacker was Silvano. Maria also testified that she had told the prosecutor earlier that she did not see who attacked her." (With respect to the protective order hearing, Maria "explained that she had testified...that Silvano was her attacker because she had assumed it was him from his smell and boot.")
The testimony at the sentencing hearing was the first time defense counsel Victor Amador learned of the exculpatory information, despite having filed broad pre-trial requests for exculpatory evidence. Amador moved for a mistrial which was granted by the trial court. Amador next filed an application for writ of habeas corpus. The trial court granted habeas relief, allowing Silvano to withdraw his guilty plea. The court also ruled that double jeopardy had attached.
Amador filed a grievance against Schultz with the State Bar, which was the basis of the disciplinary proceeding. Schultz contended that the information in question was neither exculpatory or material. The Commission for Lawyer Discipline disagreed, as did BODA. BODA based its holding primarily on the plain language of Rule 3.09(d) and on commentary to the Rule and to the ABA Model Rule on which Rule 3.09(d) is based. BODA also held that Schultz's failure to disclose the exculpatory information constituted obstruction of another party's access to evidence under Rule 3.04(a). Schultz received a six month fully probated suspension.
The only Texas attorney disciplinary authority higher than BODA is The Supreme Court of Texas. Schultz did not appeal BODA's decision to The Supreme Court of Texas. Thus BODA's decision in Schultz is now the governing ethical interpretation of Rule 3.09(d) in Texas. Ergo, under the McDade Act, it now appears that both state and federal prosecutors litigating in Texas are under an ethical duty to timely disclose to the defense all evidence or information "that tends to negate the guilt of the accused or mitigates the offense," irrespective of its materiality. The disclosure must be made prior to any guilty plea.
The defense bar owes a great debt of gratitude to defense attorney Victor Amador, the Committee for Lawyer Discipline of the State Bar, and BODA. It should also be noted that many other jurisdictions have rules containing similar or identical wording to 3.09(d). There is much more work to be done. Hat Tip to Cynthia Orr of Goldstein, Goldstein & Hilley for bringing this opinion to our attention.
March 7, 2016 in Legal Ethics, Prosecutions, Prosecutors | Permalink | Comments (0)
Friday, March 4, 2016
2016 ABA White Collar Crime Conference - A Few More Highlights
There was an incredible presentation on implicit bias, moderated by Hon. Bernice B. Donald, who chairs the ABA Criminal Justice Section. This was a real highlight of the program and the audience was glued to the screen for a short video of images. The discussion that followed was truly enlightening. Also hats off to the Hon. Mark W. Bennett, who comes off the bench to shake the hand of the defendant in order to explain the presumption of innocence.
One panel, moderated by Morris "Sandy" Weinberg, looked at the The Future of White Collar Criminal Law. The incredible array of panelists discussing the past and future were: Robert B. Fiske, Jr., Gary Naftalis, Dan Webb, Robert Bennett, John Keker, Larry Thompson, Karen Seymour, Leslie Caldwell.
There was another panel titled: Women in the Courtroom: A View from the Jury Box. Moderated by Hon. Patricia Brown Holmes, a retired associate judge in the Circuit Court of Cook County and a partner at Schiff Hardin LLP (Chicago), the panelists continued the discussion from earlier in the program on implicit bias. Joan McPhee, a partner at Ropes & Gray LLP asked the question, "[d]oes gender matter in the courtroom?"
This panel started by saying that there was no real studies, so the panelists decided to do their own research and study.
Dr. Ellen Brickman, Director in the Jury Consulting practice at DOAR Inc., a litigation consulting firm in New York, explained how the juror study was conducted. Ms. McPhee then explained the survey of attorneys and Laura C. Marshall, a partner at Hunton & Williams LLP, described comments received from the surveys.
Bottom line - Women jurors had a stronger preference for women attorneys.
There was discussion of the importance of being careful of distractions and to watch speech patterns in front of jurors. This was in addition to a discussion of who to select on the jury. It was noted that the government tends to have more women on their teams and some of the panelists looked at the challenges of getting more women on trial teams. Although Dr. Ellen Brickman noted that having women on teams as tokens can work negatively. There was also a discussion on the role of emotion and how anger plays out in the courtroom.
I can't wait to read this study.
March 4, 2016 in Conferences, Prosecutions | Permalink | Comments (0)


text:
SAN BERNARDINO COUNTY: 1st West Nile virus death reported in 2015
San Bernardino County announced its first fatal case this year of mosquito-borne West Nile virus,� say county public health officials.
The death occurred several days ago, said Dr. Maxwell Ohikhuare, the county's public health officer.� The patient was more than 60 years old and was from Ontario, Ohikhuare said.
Five cases of the disease have been reported in San Bernardino County this year. Eight were reported last year -- with no deaths.
In Riverside County, three cases have been reported, state health figures show.
Statewide, 36 cases have been confirmed since Jan. 1, well above California's five-year average of 23, but below last year's number of cases: 54, state figures show.
Most people infected with the virus exhibit no symptoms. But severe cases can lead to brain inflamation, paralysis or death.
Symptoms can include fever, body aches, rash, nausea, vomiting and headache.
"People still need to protect themselves from mosquito bites and drain standing water from around their home," Ohikhuare emphasized. "Use insect spray that has DEET in it."
People also should stay indoors at dawn and dusk, when mosquitoes are most active, health officials say. When outdoors, people should wear shoes, socks, long pants and long-sleeved shorts that fit loosely and are light colored.
Green or neglected pools are potential breeding grounds for mosquitoes and can be reported to authorities by calling 1-800-442-2283 and pressing 3 when prompted.

subset: commoncrawl


text:
Alternative websites for 447club-fitness.com
1. Result for 447club-fitness.com
Fitness Boot Camps and Yoga Boot Camps for all abilities. Boulder Weight Loss, Health Club and Personal Trainer alternative. Year round indoor and outdoor ...
Alternative for fitliv.com
Alternative for fitliv.com
At Fit Body Boot Camp, each and every workout combines elements of High Intensity Interval Training, Exercise Stacking™ as well as Active Rest periods ...
Alternative for fitbodybootcamp.com
Alternative for fitbodybootcamp.com
Imagine finally finding a fitness and weight loss program that can give you the permanent results you deserve - once and for all. There is no shortage in "weight ...
Alternative for workoutwithray.com
Alternative for workoutwithray.com
Custom Fitness Concepts has fitness boot camp locations throughout Virginia, Washington DC & Maryland including indoor and outdoor classes. Try a free.
Alternative for customfitnessconcepts.com
Alternative for customfitnessconcepts.com
The Fitness Concepts is leading Chino Hills Boot Camp,Rancho Cucamonga Weight Loss and Chino Hills fitness company.Its giving you personal training with ...
Alternative for fitconcepts.com
Alternative for fitconcepts.com


text:
9 Cent
Cherthala town
9 cent residential land for sale in Cherthala town , suitable for constructing house , boundary clear , 1 km from main road , school- 1 km , bus station 1 km , railway - 3 km . Price - 10 lakhs per cent .
I was looking for a house to rent near Caritas Hospital, Kottayam. I found a house on helloaddress.com that perfectly suited my requirement, that too very near to my desired location. I am very happy using helloaddress.com and surely recommend to anyone looking for property in Kerala. Thank you.


text:
Brilliant service - Russell came out, very friendly guy and did a great job. Couldn't be happier with the result and will use him again in the future, no doubt. Would definitely recommend!
We were really impressed with Wendy from first contact. She was full of enthusiasm, quick to respond, had loads of ideas and made us feel confident our photos would be great. A couple of days before our wedding the weather forecast was not good - Wendy assured us she'd still ge..
Get your job done right
We verify our businesses
Only hire the best
Free to request and free to hire!
Dee Why, NSW
Less than $1,000
My client, which is a small up and coming building and construction company, is looking to form a relationship with an architectural photographer to document their projects for their website and ul...Make a similar request
What next?
Businesses like to send a quote as soon as possible. You may receive
your first quote within an hour.
Call us on 13 18 18Visit our help centre Back to job form
Keep an eye on your email for quotes that we send you from relevant businesses.
We will notify you here when quotes come in.
Why do we need this?
Businesses who send you a quote may get in touch to chat about your request.
Login to submit your job.
Forgot your password? Reset your password
We have sent an email to
We have re-sent the email. Check your email and follow the link to change your password.
Send again
Be sure to check your spam folder for an email from firstname.lastname@example.com
Only businesses that send you a quote will see your contact details.


text:
There seems to be almost limitless ways to find products on Amazon: search by a keyword, browse through a category, look at recommendations that Amazon makes for you. If you want to find out what is hot and selling fast, you can easily see all of the best sellers in either a department or a subcategory.
Select a Category
On the Amazon homepage, locate the search bar near the top of the page. The default in the Department drop down is "All Departments." Select a department to search by clicking on the arrow to the right of "All Departments" and then click "Go," which is located on the far right of the search box. This will bring you to the home page for the selected department.
Find the Best Sellers in the Department
Locate "Best Sellers" directly under the search bar. Clicking on this will display the products in the department ranked by sales. Under the ranking you will also see the number of days a product has been in the top 100 based on sales.
Find Best Sellers in a Subcategory
Many departments on Amazon have subcategories. The subcategories also have rankings based on sales. On a department's best-seller page, the list of subcategories is on the left side of the screen. Click on one of the subcategories and you will see the products in that subcategory ranked based on sales.
Movers and Shakers
On a department or subcategory sales ranking page you can find products that Amazon calls "Movers and Shakers." These are products with the largest sales rank increase in the last 24 hours. To find these products, click on "Movers and Shakers," which is located under the search bar when on a department or subcategory best-sellers page.
Related Searches
You May Also Like
How to Write a Product Review on Amazon
Product reviews can help other customers find out if a product is worthwhile or not. If you are unsure about a purchase,...
How to Find Hot Selling Items On eBay
Learn how to find hot selling items on eBay. Do you want to make money as an eBay seller? How do you...
How to Find Niche Products to Sell Online
A niche product is a specialized product that appeals to a particular target market. Learn how to identify niche products so that...
How to Find an ASIN Number
The ASIN, or Amazon Standard Identification Number, is a series of letters and numbers used for identifying and locating products on the...
How to Improve Amazon Sales Rankings
Marketing your products on Amazon.com can expose you to potential customers who'd never hear of you otherwise -- a valuable sales strategy...
How to Display Amazon Products on My Website
With the Amazon Associates program, you can earn revenue from your blog or website by using customizable links to display their products...
Alternatives to Amazon
Amazon.com is a website that originally specialized in selling books, but has branched out into DVDs, music, electronics and more. Amazon sells...


text:
Brand Name
Generic Name
Development in the syllabus of Pharmaceutical Marketing & Management that is studied in the Bachelor of Pharmacy course of Bangladeshi Universities.
LOSECTIL stands beside acid survivors
Vitamin D Levels Linked to Parkinson's Symptoms
Keeping the newborn warm at home at winter
Its time to prevent cervical cancer
Huge Rise in CT, MRI, Ultrasound Scan Use: Study
Exercise May Delay Early Aging of People With Diabetes
Alzheimer's Drug Shows Some Promise in Trials
Obesity, Depression Blamed for Daytime Sleepiness Epidemic
About Us »
About Us
Contact Info.
Comments About Us
Privacy Policy
Terms & Conditions
Drug Policies
Pharma Products »
Gastrointestinal drugs
Cardiovascular drugs
Respiratory system drugs
Central nervous system drugs
Antimicrobial drugs
Hormones and related drugs
Analgesics, Autacoids and related drugs
Anesthetics & Neuromuscular blocking drugs
Topically active drugs
Ophthalmic and E.N.T preparations
Drugs for Vitamin, Mineral & Nutritional deficiency disorders
Drugs for Anaemias & other blood disorders
Drugs for Bone Formation & Bone Disorders
Genito-urinary system drugs
Career »
Pharma Jobs
Medical Jobs
Other Healthcare Jobs
Miscellaneous »
Pharmaceutical Companies
Hospitals & Clinics
24 hour Pharmacy
Ambulance Services
Company or Institute Profile
Member Sign In
Forgot Your
Username & Password?
Not a Member?
Sign Up
Sr. Executive / Executive, Production; THE IBN SINA PHARMACEUTICAL IND LTD
A Food Safety Expert Explains Germany's E. Coli Outbreak
As of Tuesday evening (may 31,2011), a virulent and mysterious type of E. coli had killed 16 people in northern Germany and Sweden and sickened 1,150 others in Germany alone.
The source of the food-borne outbreak is still unknown, though German officials had earlier suggested that the bacteria were spread on tainted cucumbers shipped from Spain. Tests of Spanish produce have not turned up the outbreak-causing E. coli strain, but German officials are still warning against eating raw cucumbers, lettuce and tomatoes.
While many food-borne E. coli infections typically cause a bad case of diarrhea (but can be fatal), the rarer serotype of E. coli circulating in Europe has caused hemolytic uremic syndrome (HUS), a potentially deadly disease that can lead to kidney failure, in at least 373 people in Germany. As public-health officials continue to try to pinpoint the source of the outbreak, food scientists and microbiologists are busy studying the genetic makeup of this particular serotype of E. coli, which may be a strain of E. coli O104:H21, according to the Washington Post.
Martin Wiedmann, A professor of food science at Cornell University explains Germany's E. Coli Outbreak below:
Many consumers may not know there are so many types of disease-causing E. coli.
Obviously there are vast differences between E. coli some that cause no diseases and then types that cause severe infections. Some serotypes cause urinary tract infection, some cause diarrhea, but most don't cause the severe type of thing we're seeing right now. The outbreak in Germany is caused by one of the serotypes that is very severe.
What do we know about this type of E. coli?
There are six serotypes known as the 'Big 6' that are commonly associated with severe types of diseases like kidney failure, severe diarrhea. [The serotype in Germany] is a new one and it's intriguing: one key gene we thought was important for E. coli to cause severe illness was one that encodes intimin, which allows E. coli to intimately attach to human intestinal cells. This serotype doesn't have that gene, which is really surprising. So there's something unusual going on; a lot of the evidence suggests it's a very unusual bacterium.
If this type of E. coli doesn't have the key genetic capability, how is it making people sick?
One of the other genes that's important is carried by a virus, which can move genetic material from one bacteria to another. Phages, viruses that can infect bacteria, often introduce new genetic material, so you might see an emergence of some traits that way. They can move genetic material from one bacteria to another including going between serotypes. One of the genes that's important [that causes illness] is a gene that can carry toxins from one E. coli to another E. coli.
But even though some E. coli have intimin and some don't, what seems to be the key factor is the combination of having intimin and making shiga toxins. The toxin gets into the bloodstream, causing illnesses like severe diarrhea and even kidney failure.
What's the treatment for people with this toxin?
It's difficult to treat. Traditionally, you'd treat it with antibiotics, which kill bacteria. But in this instance, the E. coli makes a toxin which is found in the cell, so what happens if you kill the cell? The toxin is released into the blood stream and what happens then? The infected person gets even sicker. So really you shouldn't treat these people with antibiotics. They are trying a new therapy right now in Germany that neutralizes the toxin.
Is E. coli most often found on vegetables?
No, E. coli isn't found there more often. It's simply that the problem with fresh produce is you don't cook it. Cucumbers you won't cook. That's what makes the presence of these organisms on fruits and vegetables more challenging. Those types of foods cause illness more often, but I wouldn't say E. coli is found there more often.
Where does it come from?
Almost all E. coli are associated with the gastrointestinal tract of mammals but not all, and it gets more complex. For example, E. coli O157:H7, which is similar to the serotype that caused the outbreak in this case, seems to be largely associated with cattle, and some sheep, goats and deer. It's associated with ruminants, animals that have four stomachs that helps them to digest grass and plant material.
So do most cases of infection come from contact with ruminants?
Human infections are often traced back to ruminant-associated sources undercooked ground beef but also things like apple cider that have nothing to do with cows. In these cases, maybe the apples were contaminated with deer fecal matter. Of course it's a circular argument: because we all believe that O157:H7 will always come from ruminant digestive tracts, whenever there's an outbreak we're all looking for evidence of that. And if you look hard enough for something, you're going to find it. But we're not always 100% sure.
If the European outbreak didn't originate in cucumbers from Spain, as German officials thought, what else could be the source of contamination?
It could have been in a production facility where the [cucumbers] were washed or sorted, if the equipment also processed something else that contained E. coli. But it could have been any number of things like wildlife fecal material in the field. Or it could have been transmitted through water; for example, if you use surface water from your fields [to water crops], it could be contaminated from birds or other wildlife.
But it could also be through humans. Someone handles produce and doesn't follow proper procedure for hand washing.
Aside from obvious things like hand washing, what are the best ways to avoid food-borne illness?
The problem with all this is that it really is everyone's responsibility and everyone contributes their part to it. Beyond the specific outbreak, [it's important to] have practices on fields to minimize the presence of animals and to have proper procedure in processing, including testing the environment to see whether E. coli is present.
Also, basic things that you've always been taught: don't use the same cutting board for chicken and salad. Wash your produce. Cook things through. A major source of E. coli poisoning is still undercooked ground beef. Don't make it medium rare or rare. There needs to be a responsibility to everyone along the whole chain.
Once people start to get sick, how is the illness contained?
In each case you need to identify the batch, lot, production site and then responsibly remove it. Find out its source, because you need to stop people from handling other produce that might be contaminating other products. If the field is the source and you regrow something on the same field the next year, you could have contamination then as well.
The other thing with E. coli is it can be transmitted from person to person 20% or 30% of an outbreak is from person to person. A kid gets it, has diarrhea at nursery school and now his teachers and classmates have been exposed. So a large percentage is secondary cases as opposed to primary cases, which come from people who ate the cucumbers or whatever it is themselves. They are sick, but they cook food, handle people in a public setting and then they can contribute to contamination.
And I should say that we are getting better at identifying disease than we have ever been. We have better public health systems now than we did even 15 or 20 years ago. That's because we have fingerprinting tools that we can use. We are at the point where if one person gets sick with E. coli in California, another in Kansas, another in Michigan and samples are sent to the CDC, they can now actually trace it back to the food source and identify groups of people who got sick from the one batch.
TIME Healthland
Other News
World no tobacco day -- May 31,2011
Pioglitazone (Diabetes Drug) may increase the risk of bladder cancer: FDA Warned
World Asthma Day - May 03, 2011
Huge Rise in CT, MRI, Ultrasound Scan Use: Study
Pharma Exhibition at North South University on 15th February, 2012
Experimental Vaccine Seems to Cure Prostate Cancer in Mice: Researchers hope to test vaccine in people within five years
Warfarin Interaction The prevalent risk for patient
Blood Stored Too Long May Threaten Patient Safety
See all the news
About us
Contact Info.
Privacy Policies
Terms & Conditions
This Site does not contain any medical advice
Copyright © 2010-2017, BDdrugs.com. All Rights Reserved. Site Maintained By:


text:
Congratulations! You leveled up, but you aren't logged in so we can't save your points.
This baby hits almost every basketball shot imaginable.
Categories sports
Tags funny, cute, basketball, sports, babies, toddlers
Video Size: 420 x 315480 x 360640 x 480960 x 720
Flag This Item
This little Japanese akita puppy is the cutest video ever.
78,066 |2
Lance Stephenson blows in LeBron's ear.
13,718 |2
This is why you never ignore your girlfriend on the Kiss Cam.
16,734 |2
The better ending to Bambi.
31,095 |2
The best clips of dogs attempting to achieve supremacy over domestic irrigation systems, all in one video.
10,794 |2
Dog purrs loudly while getting massaged. Adorable yet scary at the same time.
106,436 |2
These sports will blow your mind.
91,773 |3
Cute monkey sharing his food and he will not take no for an answer.
101,822 |2
Proof that leopards are just giant cats giant terrifying cats.
38,940 |2
Momma cat dragging the ducklings back by their little tail feathers.
99,919 |2
VideoBash is your first and final stop for free funny videos, games and pictures guaranteed to brighten up your day. The funniest jokes and the most unbelievable pranks caught on tape have been collected in one spot for your viewing pleasure. This is entertainment at its best and no one does it better than VideoBash. These funny clips crackle with humor and they will definitely have you laughing till your sides hurt. Quality is our number one priority and the free funny vids here are the best of the best. There are no mediocre videos here. All the videos, jokes, pranks on VideoBash are the cream of the crop and you'll be hooked from the get go. The best part is you don't have to keep all this good stuff to yourself, you can share all the free entertainment videos with your friends.


text:
Adobe released their findings today on the impact of Google AdWords Enhanced campaigns on advertising click costs. To arrive at their conclusions they examined 100 U.S. advertisers spending more than $100 million between March and May of this year using Adobe's Media Optimizer.
They found overall the cost-per-click (CPC) across devices was up 6 percent since March. The primary factor for this is the required upgrade to the Enhanced Campaigns that groups tablets, with historically lower CPCs, in with desktop ads, thus increasing overall costs. In fact, they found a 3 percent increase in tablet CPCs in the data they analyzed.
The migration to enhanced campaigns is optional until the July 22 deadline. As more advertisers switch over to meet the deadline, this is likely to further increase CPCs with new mobile bid adjustments (MBAs).
"With Enhanced Campaigns, MBAs control how much mobile ad spend is allocated versus desktops/laptops and tablets," writes Sid Shah, Director of Business Analytics for Advertising Solutions at Adobe, "therefore, it is imperative for MBAs to be set precisely so ROAS/ROI is maximized across all devices."
Four key trends are expected to take shape in the next six months:
- Algorithms will become more important for optimizing to the best ROI due to the increasing complexity of enhanced campaigns and bidding adjustments.
- Increasing CPCs expected by Adobe to rise by 5-10 percent, YoY due to enhanced campaigns and increased competitive.
- Increasing overall ad spend from 15-20 percent due to traffic and CPC increases.
- Tablet optimized sites become more important as advertisers focus on better user experience to increase conversions rates.
You can see Adobe's full report here.
Update: Google has sent Search Engine Watch a statement regarding Adobe's findings.
"There have been many speculative reports, but it's far too early for any of them to be reliable," according to a Google spokesperson. "Advertisers will choose their bids and adjust their spend based on the value they see in their campaigns."
This article was originally published on http://searchenginewatch.com/sew/study/2275841/google-adwords-enhanced-campaign-cpcs-grow-6-report.
Related reading
Brand TLDs vs .com (part two): How can brands benefit from a .brand TLD?
In part one a few weeks ago, we discussed what brand TLDs (top level domains) are, which brands are applying for them and why they might be important. Today, we'll take an in-depth look at the potential benefits for brands, and explore the challenges brand TLDs could help solve.
Seven ways to elevate your personal and professional SEO performance
In 2017 it is essential that SEO professionals secure the buy-in they need from their business leaders so they can accomplish their professional goals.
Google has become one of Google's most prolific advertisers
Every year, Google's well-oiled digital ad machine generates tens of billions of dollars in revenue, making the search giant the biggest single recipient of digital ad spend.
Four marketing pillars to build a business as strong as the Parthenon
Dating back to Ancient Greece and Egypt, monumental structures have relied on the strength of stone pillars, working together to support an immense amount of weight and pressure.


text:
inubit BPM provides you with automated functions for generating technical workflows (i.e. executable processes) from business process diagrams. A full library of individually modifiable templates (patterns) is available containing the requisite generation logic.
You can integrate business objects into technical processes in a round-trip generation from XML data both for the persistence layer and for CRUD services (create, read, update, and delete).


text:
Margate, Tasmania, Australie
Our modern home is open plan with extensive north facing windows. It is set on one acre in a small rural subdivision, looking out to Mt. Wellington and the...
Plus d'un moisMember since
mai 2014
Vous voulez partir en vacances dans des propriétés comme celles-ci? Commencez tout d'abord par inscrire votre propriéte.
Plus d'informations sur Comment ça marche
This home is in your shortlist. To access your shortlist click the icon in the navigation
Add to shortlist
This home is not yet in your shortlist
Set high above Kingston with superb views over the borough and amongst a bush setting the large allotment of 1432sqm is private with space for the kids to run and play and to enjoy summer BBQ's. This is your Tassie retreat with only 10 minutes drive to Hobart CBD and 2 minutes drive to Kingston beach, shops and cafes. Two double bedrooms upstairs with large living areas featuring timber floors and large windows, inviting the natural surrounds and sunlight in, offers a warm and cosy ambience with multiple deck areas for outdoor entertaining that nestle amongst the tree tops. Providing a wood heater for those cosy winter nights or air conditioning for hot summer days. Expect to see some wildlife like a wallaby bounding around the front at night or the odd possum and during the day you may see a kookaburra, gallar, cockatoo or even a peacock.
There's a 15 minute walk to the beach and 10 minutes to the beautiful alum cliff walk which climbs from Tyndall Beach through coastal blue gum forest with tall silver banksias. The track then winds up through silver peppermint bushland, dips into a glorious fern- filled gully, before rising again onto headlands for commanding views over Storm Bay and the Derwent Estuary. Close to the local golf club, kayaking, beach volley ball, yachting gym, Olympic sized swimming pool and walking tracks.
Tasmania offers so many magical locations including pristine beaches, rainforests, waterfalls, mountains, rivers which are all closely accessible from our home. Nearby destinations that are a must include botanical gardens, any winery, Bonorong wildlife rescue park, Bruny Island (more beaches and an opportunity to see penguins in their natural habitat), Herts Mountain, Tahune air walk, Mount Wellington,
Our place is also close festivals and cultural events going on in the nearby city, check out the Salamanca market, our famous MONA arts centre (accessible via ferry or car/bus), Taste of Tasmania and other arts events going on at the pier. Elizabeth street, North Hobart offers gorgeous shops, an art gallery, an arts cinema and tasty worldly cuisine. There are also amazing restaurants all down Salamanca place. For dinner with a bar, locally I recommend Beachfront 32, The Beach or for a daytime coffee Bread or Splash.
Our modern home is open plan with extensive north facing windows. It is set on one acre in a small rural subdivision, looking out to Mt. Wellington and the...
Modern rendered five bedroom home on large 2400m2 block. Brilliant views of the Tasman Bridge and Derwent River, overlooking all of Hobart and surrounding...
We have moved to a stylish 1940's town house, just on the edge of Launceston city, and in walking distance to the centre of town. Great place to unwind or to...


text: 16 photos $525,000 2.54 acres 3127 Hwy 226 South, Marion, NC 28752 - McDowell County 2.54 acres Marion, NC Prime Real Estate up for SALE! Located just off of I-40, Exit 86. Great LOCATION and tremendous Commercial Investment opportunity abounds with this property. Road frontage on 226 South, City Sewer, City Water. Also located on the property are two additional buildings. The first is a 12X24 Storage Building and just to the side of that is the 10X40 building that is currently being utilized as an office for the already existing Business. Taxes To Be Determined once all parcels are combined at Tax office. Survey is on file in the office, just ask to view. Call today to schedule your showing appointment.


text:
Zombie Run Coming Back to Hannibal in 2015
After a year off, the Hannibal Jaycees have announced that their Zombie Run will make a return to America's Hometown in 2015. The 2015 Zombie Run will be on Saturday, October 10.
After a year off, the Hannibal Jaycees have announced that their Zombie Run will make a return to America's Hometown in 2015. The 2015 Zombie Run will be on Saturday, October 10.
Can a tragic event initiate a curse upon a house? Could an argument between neighbors, and a subsequent murder in 1876, be behind a curse on the old Morawitz Family farmhouse, located west of Highway 61, on the north side of what is now known as Route HH?
Anyone taking a tour of the famous Mark Twain Cave on Highway 79, just south of Hannibal, has heard the story of Dr. Joseph Nash McDowell and his young daughter. Many of the tour guides and visitors have actually seen the spirit of Dr. McDowell's daughter.
The Big River Steampunk Festival is in its second year in downtown Hannibal. Even those of us that did not know a lot about Steampunk before this festival started have quickly discovered that costumes are a major focus for Steampunk enthusiasts. We snapped several photos of impressive costumes we saw while walking around Main Street, and the riverfront area at Kiwanis and Nipper parks.
The 2015 Big River Steampunk Festival kicked off with a parade in downtown Hannibal on Saturday morning. Even Mark Twain got in on the fun! We were able to capture footage of the parade as it made the turn from Broadway to Main Street.
The Big River Steampunk Festival was first held last year in Hannibal to honor the city's local contributions during the Industrial Revolution. The odd part is this "steampunk" style of celebration. The 2015 Big River Steampunk Festival is coming back to Hannibal Labor Day Weekend, but what exactly is this whole "steampunk" thing, and why is it coming to America's Hometown?
The second annual Big River Steampunk Festival will be taking place in Hannibal September 5-7. Want to know everything about this year's festival? Download the 2015 Big River Steampunk Festival guidebook here.
Just two-and-a-half years after the completion of the most intense bridge program in the state's history, the number of critical-condition bridges in Missouri is growing again. After the latest round of bridge inspections, the number of bridges in critical need of attention has risen to 641, some 50 more than a year ago.
The Missouri State Highway Patrol is encouraging qualified individuals of all backgrounds to apply to be a trooper. The Patrol will offer testing at nine different locations. Those who successfully complete testing will be eligible to continue in the selection process for the 102nd Recruit Class, 2015. Testing at some locations will begin as early as March 4.
September is National Preparedness Month, Childhood Cancer Awareness Month and National Honey Month. It is also the month in which fun local events like the Big River Steampunk Festival, Tri-State Rodeo and the Great River Grape Escape all take place...


text:
Added to Cart
Ovela 16 Piece Fine Bone China Dinner Set
Ovela 16 Piece Fine Bone China Dinner Set
Dinnerware of the highest quality
Bring a touch of class to the dinner table with delicate fine bone china.
- Enjoy setting your table with beautiful fine bone china
- Match anything with the pure ivory white appearance
- Fine bone china is strong and resists chipping
Dinner should be a civilised affair. Sit down to a gourmet meal, presented on beautiful dinnerware made from the highest-quality fine bone china. The Ovela 16 Piece Fine Bone China Dinner Set features a full set of generously sized dinner plates, side plates, bowls and mugs.
The Ovela Fine Bone China Dinner Set is made from bone ash, giving it a superior ivory white appearance and a strength and hardness that protects it from chipping. This genuine fine bone china is so delicate and finely produced, it appears translucent when held up to the light.
- Genuine fine bone china made from bone ash
- Ivory white appearance
- Full moulded foam packaging – ensures your dinner set will arrive in pristine condition
This Product is offered and supplied by Kogan Australia Pty Ltd pursuant to the Terms and Conditions.
Frequent searches leading to this pagedinner sets chinabone china dinner set16 piece china setchina dinner setschina dinner setchina dinner set 16 piecefine bone china dinner setfine china dinner setsfine bone china dinnerwarebone china dinnerware
Related CategoriesHome & Garden - Air FreshenersHome & Garden - Air PurifiersHome & Garden - ArmchairsHome & Garden - Automotive AccessoriesHome & Garden - Baby ManchesterHome & Garden - Bathroom AccessoriesHome & Garden - BBQ & AccessoriesHome & Garden - Bean BagsHome & Garden - Bedding AccessoriesHome & Garden - Bed FramesHome & Garden - Bed SheetsHome & Garden - BlanketsHome & Garden - Bulky DealsHome & Garden - Bundle & Save!Home & Garden - Cages & EnclosuresCalendarsCandles & Home FragrancesCarpet & Steam CleanersCat SuppliesClocksCoffeeCoffee MachinesCoffee TablesCookwareCushionsDecorative LightsDesksDining Tables & ChairsDog SuppliesDrawers & CabinetsDrinkwareEntertainment UnitsFansFood BargainsFood PreparationFood StorageGarden FurnitureGarden & GreenhouseGarden Power ToolsGrooming & ShavingHammocksHandbagsHandsets & DocksHeatersHome DecorHome PhonesHome SecurityHome StorageIndoor FurnitureIndoor LightingIP Cameras / WebcamsIrons & Garment SteamersKitchen AccessoriesKitchen & Bathroom FixturesKnivesLaundryLight GlobesMassage & RelaxationMattresses & Mattress ToppersOffice FurnitureOutdoor AppliancesPest ControlPet CarePet SuppliesPillow CasesPillowsPizza OvensPower Tools & AccessoriesQuilt CoversQuiltsRemotesReplacement PartsRugsSafety EquipmentScales (Bathroom)Scales (Kitchen)Shelving UnitsSide TablesSofa CoversStoolsStorageTablewareToday's SpecialsTorches & Outdoor LightingTowelsUtensils & AccessoriesWeather StationsWine Racks


text:
Bemidji has a population of 11,917 and is located in Beltrami county.
Technical Writing schools in Bemidji charged students an average tuition of $8,129.00 if they were Minnesota residents, and $8,129.00 if they were non-residents, during the 2009 - 2010 school year.
The cost, on average, for books and supplies needed for technical writing schools in Bemidji is $910.00. The average cost for room and board for students living on campus at technical writing schools in Bemidji was $5,773.00. The average cost for students living at home was $2,294.00 for the 2009 - 2010 school year. Students have a choice of one technical writing college in Bemidji to attend. Technical Writing programs in Bemidji reportedly graduated 10 students in the 2008 - 2009 school year.
|Average Salary
|Number Employed in City
|Technical Writers


text:
Winter Fruit Tree Pruning – Saturday 7th January, 9.30am-4pm.
Give your trees some TLC and get a bumper crop this year. Learn all aspects of pruning with Andy Howard Cost £50; booking essential.
Sunday Drop-in: Forest School Fun – Sunday 8th January, 10am-2pm.
Whatever your age, you're welcome to come and have fun at this woodland adventure!
£4 suggested donation per child, accompanying adult(s) free. No need to book.
Wildlife Photography Walk – Saturday 14th January, 8am-10am.
Learn how to capture images of wildlife with guidance from professional photographer Andrew Walmsley. Cost £20; booking essential.
Hedgelaying – Saturday 14th- Sunday 15th January, 9.30am-4pm.
A very practical, hands-on two days learning to lay a Midland style hedge with expert Clive Leeke. All tools provided. Cost £75; booking essential.
Spinning and Weaving – Sunday 15th January, 10am-4pm.
Discover the world of spinning and weaving and try out different methods of spinning. Cost £30; booking essential.
Botanical Illustration – Sunday 22nd January, 10am-4pm.
Learn some invaluable tips and techniques from RHS Gold Award winner Romilly Swann. Cost £30; booking essential.
All events take place at the Earth Trust, Little Wittenham, OX14 4QZ. For booking courses call 01865 407792 or online at www.earthtrust.org.uk/whatson (incurs a booking fee).


text:
You have no items in your shopping cart.
(Out of stock)
Be the first to review this product

Long-wearing nail lacquer, chip-free and flexible.

Part of China Glazes' "Worlds Away" Collection.

An all year round shade!

Availability: Out of stock
Email to a Friend
Sign up to get notified when this product is back in stock
Free shipping on all orders over AED250.
Authorized Retailers.
Online consultations.
Address:Business Bay, Dubai, UAE
Working Days/Hours:Sunday - Thursday 10:00AM - 5:00PM GST
Get all the latest information on Events,Sales and Offers. Sign up for newsletter today.
Enter your e-mail Address


text: "It takes me back to so many artists I like that it's impossible not to surrender to her charms," says the always spot-on El Amarill0 referring to new Peruvian indie-pop darling, Pamela Rodríguez. She's got a little of Natalia Lafourcade, bits of Francisca Valenzuela, and seems to be a very close cousin to Ana Laan. A best new artist nominee at the 2006 Latin Grammys (seriously, who knew?), she seems to be on her way to finding the cultural and critical credentials most LARAS members don't ever aspire to. Folk-inflected pop is greasy enough by itself, but it's even more dangerous when you add colorful feathery aesthetics to the equation. Being the visual-invertebrate buff that I am, I was ready to hit Safari's red bubble very early in the oh-so-catchy "Ligera Love." The flowery setting was expected, but when that synchronized mask hop showed up, well, let's just say it's a regression from our quest to find pop progress. Thankfully, director Anais Blondet juxtaposes the sugary sequences with other sexually suggestive shots that are worth the washing machine ride. "Ligera Love" is open for download (in the exchange of an email) and is the first single off Rodríguez's third album, Reconocer.


text:
[Brazzers.com] Andy San Dimas - Under the Covers Investigation (2013) [HD 1080p]
Here you will find fresh porn videos, movies for every taste. You can download their by clicking on the link site file-sharing service Nitroflare, Uploaded, Gigapeta, Keep2Share.cc and many other.
Starring: Andy San Dimas, Johnny Sins
Roller name: Under the Covers Investigation
Release date: September 06, 2013
Subsites and site: DirtyMasseur.com/Brazzers.com
Officer Andy San Dimas has a bright future ahead of her on the Vice Squad. But she's been trying to break this one case for ages. Who's the dirty masseur charging money to finger-bang all the sweet pussies in the neighborhood? Andy knows the only way to catch this guy in the act is to lay down on his table and nab him trying to offer a happy ending.
Download (dm.13.09.06.andy.san.dimas.1080p.mp4) from turbobit.net (3.19 GB)
Download (dm.13.09.06.andy.san.dimas.1080p.mp4) from vip-file.com (3.19 GB)
dm.13.09.06.andy.san.dimas.1080p.rar - (2 x 1.59 GB)
Download (dm.13.09.06.andy.san.dimas.1080p.part1.rar) from gigapeta.com (1.59 GB)
Download (dm.13.09.06.andy.san.dimas.1080p.part2.rar) from gigapeta.com (1.59 GB)
Users of Guests are not allowed to comment this publication.