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Armaflex, Clean and Efficient Insulation designed for DUCT SYSTEMS.
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Active microbial protection with Armaflex
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The 19-year-old accused of injuring a Shelton Cumberland Farms employee while stealing a David Hasselhoff sign in August has pleaded not guilty to second-degree assault and second-degree reckless endangerment, according to the court.
Adam Holter of Milford turned himself in to police Thursday, Oct. 10 and admitted to driving the car that struck 36-year-old Jason Crowley in the parking lot of the Cumberland Farms at 819 River Road, police said. The incident happened Aug. 20 around 1:15 a.m.
Police said Crowley noticed a man get out of a black SUV and cut two Hasselhoff ads off a light pole in the parking lot. Crowley was attempting to stop the theft when the car sped away, dragging Crowley behind it.
Crowley flipped backward and landed on his head, according to police. Witnesses called 911 to report that Crowley was having seizures. He was taken to Bridgeport Hospital and was listed in critical condition.
This wasn't the only theft of its kind – the Associated Press reports that about 550 Hasselhoff cutouts were stolen across the country during the summer of 2012.
No additional arrests have been made in this case.


text: Tagged: import Viewing 2 posts - 1 through 2 (of 2 total) Author Posts October 10, 2013 at 8:22 pm #173780 666666Participant Hi Kriesi and Team :) in includes i've commented the array to disable import option but along with that, predefined color schemes was disabled too, how do I just disable Import? October 11, 2013 at 2:28 am #173906 YigitModerator Duplicated. Closed! Regards, Yigit Author Posts Viewing 2 posts - 1 through 2 (of 2 total) The topic 'I've disabled the import button but that also disabled predefined color schemes' is closed to new replies.


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Zach Johnson pulls off a Steve Stricker-esque shot to win the John Deere Classic
There's something about the left fairway bunker on the 18th hole at TPC Deere Run that seems to bring out the best in some of golf's top names. One year after Steve Stricker pulled off a highlight-reel shot from the bunker that eventually helped him pick up his third straight John Deere Classic win, Zach Johnson produced an equally impressive shot from the very same bunker.
Stricker's degree of difficulty was certainly higher, but let's give Johnson's some credit for his approach shot. After knocking his second shot in the water from the fairway bunker on the first playoff hole, Johnson pushed out the negative thoughts and hit a perfect shot from the very same spot that landed on the green and rolled to within a foot of the hole.
Now that's how you make the most of a second-chance opportunity.


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* Banks help market eke out small gain, Aquila soars
* Miners fall as copper drops to 1-month low
* Investors cautious ahead of employment data due on Thursday (Adds analysis, quotes, stocks on the move)
By Thuy Ong and Gyles Beckford
SYDNEY/WELLINGTON, June 11 (Reuters) - Australian shares inched up on Wednesday, as gains for banking stocks slightly outweighed dips for mining and defensive sectors as Wall Street's flat finish limited leads.
The S&P/ASX 200 index added 5.7 points, or 0.1 percent, to 5,469.7 by 0225 GMT. The benchmark edged 0.1 percent higher on Monday.
A measure of Australian consumer sentiment steadied in June as the shock from May's unpopular federal budget began to fade and worries about family finances and the near-term economic outlook eased a little.
Westpac Banking Corp added 0.3 percent, as did Australia and New Zealand Banking Group.
Shares in takeover target Aquila Resources Ltd rose 2.7 percent to A$3.61, their highest since May 2012, after a block trade of shares went through at a price 10 percent higher than Chinese state-owned Baosteel Resources has offered for the company.
Copper dropped to a one-month low on Tuesday as an investigation into metal financing in China prompted concern that a crackdown could hit trade in the metal.
BHP Billiton Ltd and Rio Tinto Ltd both lost 0.9 percent. Elsewhere, Lynas Corporation Ltd fell 3.5 percent
Evan Lucas, market strategist at IG, said metal prices were moving sideways ahead of Australia May jobs data due on Thursday.
"The numbers will give a really good indication of how people have taken the budget," he said. "From the market's perspective, the budget is not as bad as some people are reporting - which is why people are holding out because everything is looking just slightly expensive."
Among defensive stocks, consumer retail staple Woolworths Ltd lost 0.7 percent and Sonic Healthcare Ltd slipped 0.2 percent.
Downer EDI Ltd sank 10.4 percent to 2-1/2 month lows of A$4.74 after the company said its Goonyella Riverside mine contract has been terminated, with an impact on work-in-hand of approximately A$360 million.
Flight Centre Travel Group Ltd jumped 1.9 percent after saying it is expected to achieve underlying profit before tax of A$370 million-A$380 million for the year to June 30.
New Zealand's benchmark NZX 50 index slipped 0.1 percent or 7.1 points to 5,172.3, in quiet trade as investors remain cautious ahead of the central bank's rate decision on Thursday.
New Zealand software developer ikeGPS Group Ltd is considering raising up to NZ$25 million through an initial public offering to fund growth in the United States. (Editing by Richard Borsuk)


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Chicago mayor Richard M. Daley has rejected a call from AIDS activists in the city to boost HIV prevention spending in fiscal 2004 by $1 million. Daley proposed $3.7 million in spending for HIV prevention programs, less than what the city spent in 1997, according to the AIDS Foundation of Chicago. AFC reports that HIV prevention spending has decreased in Chicago by 8% since 1997, while the number of HIV cases has risen by 32%.
"Without a greater commitment to HIV prevention, Chicago's HIV/AIDS crisis will only worsen," said Mark Ishaug, AFC's executive director. "The mayor's proposed budget does not provide the resources necessary to turn the tide against this expanding health crisis."
AIDS activists, disappointed with Daley's decision, began picketing in front of City Hall on Wednesday. They also plan to picket during the city council's budget committee hearings next week, according to AFC. Chicago currently has about 22,000 HIV-positive residents. People of color account for 77% of recently diagnosed HIV infections in Chicago. The top mode of HIV transmission in Chicago remains male-to-male sexual contact.


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Fibaro Z-Wave Range
Fibaro offers one of the most advanced Z-Wave home automation solutions available today. All Fibaro products can be easily installed, quickly providing sophisticated control of your lighting, power, heating and roller blinds. Anyone who can use a screwdriver can install a Fibaro Z-Wave system in just a few minutes.
Insert Modules
Fibaro Z-Wave insert modules retrofit into existing switches and dimmers enabling you to wirelessly control lights, blinds and appliances.
Sensor modules that can detect movement, opening and closing of doors & windows, temperature, light, water, smoke & fire, and much more
Wall Plug
The Fibaro Wall Plug is the ultimate Z-Wave socket adapter.
Read more about the Fibaro Wall Plug.
Home Center
The Fibaro Home Center is a complete home automation gateway, enabling you to easily configure and control all of your home's Z-Wave devices. It connects to the Internet allowing you manage your home automation network - whether you are at home, in the office or using a mobile phone.
The Fibaro Home Center is available in two versions:
Read more information in our Fibaro Home Center Comparison Guide.
Vesternet - The Fibaro Experts
We know the Fibaro range 'inside-out', we've tested it, we've used it and we'll support you all the way.
Our unrivalled technical support (and we do mean unrivalled), enables you to use the Fibaro products in all your installations:
Our prices are the best in Europe, but we also know that you'll probably want to install more than just one Fibaro module to your home automation network
If you're looking to install more than 6 modules contact us for a special quote:
Home Center Lite - First Look
Installing a Fibaro Z-Wave Dimmer Module
We stock the complete Fibaro range, ensuring fast delivery, and our sales and support staff are fully trained to enable you to select the best Fibaro product for your application.
Vesternet is Europe's leading home automation specialist. Whatever your needs, you'll be able to find just what you're looking for in our range of Z-Wave, ZigBee, LightwaveRF and INSTEON home automation products.


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I'm from England. I'm an avid Arsenal fan who likes a pint. In fact I like more than just the one pint!
Currently work as a self-employed web designer (insert spider joke here). When I'm not working, did I mention I like a pint? That along with a few games of pool, and with a little luck some female attention.
When not drinking or working it's all about watching football, WWE, films & my fav TV progs. Life is simple :)
I am back with another article after sometime. Your read and feedback is as appreciated as ever.
Thank you so much, and cheers...
I am back with my latest article. It is on a slightly controversial subject. So, your read and feedback would as appreciated as ever. Thank you so much, and cheers...
I am back after almost 4 month's hiatus with a new article. It is my biggest work till date. Your time, read and feedback are highly appreciated as always.
Hello, I am back with my latest article, which marks the beginning of one very special event on the bleacher report that aims to celebrate the WrestleMania. Looking forward to your feedback, and I hope you enjoy the event.
Thank you very much and cheers.
Would like to see some articles up from a fellow Gooner!
Hi. My most recent work is up. I could not link you to it earlier because of some technical issue with my account. Your feedback is as appreciated as ever :)
Thank you very much, and cheers :)


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July 1, 2008
|Washington Mystics
|Military Family Day
|Sunday, July 6th at 1:00 pm
|Verizon Center
Washington Mystics vs. San Antonio Silver Stars
Washington, D.C - The Washington Mystics will host its annual Military Family Night on Sunday, July 6th at 1:00 pm. Washington will face off against the San Antonio Silver Stars in a game scheduled to be televised on ABC.
In honor of the men and women in the Armed Forces, the game will be a celebration of their service and will feature performances by the U.S. Airforce Band and the U.S. Navy Drill team. In addition, the first 5,000 fans to arrive to the game will receive a Support Our Troops ribbon car magnet. Members of the military are encouraged to wear their uniform or show military ID to receive a $10 ticket.
The Washington Mystics organization is dedicated to providing affordable entertainment, serving as an impactful community partner and maintaining accessibility to positive female role models. Supported by passionate fans, the Mystics are elite, hardworking athletes continually striving to win a Championship. Season tickets for the 2008 season are currently on sale and can be purchased by calling the Mystics Sales Office at 1-877-DC-HOOP1.


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Leave Me Alone, Arsene Wenger Tells Real MadridMarch 12, 2010
Reports in Spain suggest that manager Manuel Pellegrini is on the brink of the sack after Real Madrid were dumped out of the Champions League by Lyon.
Pellegrini was already under pressure; reports suggest he has lost the support of President Florentino Perez despite more than £200 million of summer investment.
La Liga leaders had tried to capture Arsene Wenger before appointing Pellegrini last summer and they are expected to renew their interest in the Frenchman if they do part ways with Pellegrini.
However, the Gunners' boss has told Real Madrid they would be wasting their time if they launch another attempt to lure him to the Bernabeu.
"Leave me alone, I am always going to stay to the end of my contract and I am going (to stay at Arsenal) until 2011; there is no way I am going to break it."
Wenger also used the opportunity to take a swipe at Real for failing to qualify for the quarterfinals of the Champions League.
"It shows that £240 million does not necessarily buy you the Champions League and that in Europe, you have no guarantee of success."
Well, Arsene Wenger's made his intentions clear, he's not going anywhere for now and with him out of the running, who should Real Madrid hire as a replacement for Pellegrini, if he is indeed about to be sacked?


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As part of our mission to detect fraud, waste and abuse the Office of the Inspector General conducts civil and criminal investigations. Many of these cases lead to prosecution or are referred to different agencies for further action. Other cases or reviews have resulted in cost recovery for the Commonwealth. Recent cases are highlighted below.
Joint OIG Investigation Results in Bribery, Conspiracy Convictions for Two Former Roxse Homes Employees, May 2016
- Two former employees of a housing development in Roxbury pleaded guilty in federal court for conspiring to rent subsidized apartments to ineligible individuals in exchange for bribes. On May 2, Ismael Morales of Jamaica Plain, a former maintenance technician at Roxse Homes in Boston, pleaded guilty to one count of conspiracy and seven counts of bribery. On May 11, Mathis Lemons of Brockton, the former assistant property manager at Roxse Homes, pleaded guilty to the same eight counts.
Former Boston Housing Authority Director Indicted for Larceny, March 2016
On March 16, 2016, a Suffolk County grand jury returned an indictment alleging that former Boston Housing Authority employee Alfred G. Davis used his position as the director of elder services to steal thousands of dollars that were intended to benefit senior citizens. The charges resulted from a joint investigation by the OIG, the Boston Police Department's Anti-Corruption Division, and the Office of the Inspector General for the U.S. Department of Housing and Urban Development. The Suffolk County District Attorney's Office is prosecuting the case.
Update: Massachusetts Bay Community College Submits Corrective Action Plan, March 2016
On January 21, 2016, the Office wrote to the interim president of Massachusetts Bay Community College (MBCC) detailing misconduct by two employees of the school's Facilities Department. The letter also described management failures and inadequate controls in the Facilities Department that allowed the two men to work on private landscaping contracts during their MBCC work hours using the school's equipment.
As a result of an extensive investigation, the Office found evidence that John Virgilio, MBCC's institutional maintenance foreman, and his father Federico Virgilio, a maintenance employee, conducted private business as Virgilio's Landscaping during their MBCC work hours. They performed landscaping, site preparation and similar work for private clients using an MBCC dump truck and trailer. At times, John Virgilio directed another MBCC employee whom he supervised to work on these private jobs during that employee's MBCC work hours. The Office also found evidence that the two men falsified time sheets and took other steps to avoid being detected.
The investigation also revealed that their supervisor failed to adequately oversee the Department's employees and property, allowing the men to misuse school property and receive overtime for hours they did not work. Evidence further indicated that John Virgilio ordered supplies using MBCC's accounts and then diverted those supplies to his landscaping business. The investigation further revealed that John Virgilio either sold or gave away equipment belonging to MBCC without the college's knowledge or permission. John Virgilio was able to divert supplies and dispose of MBCC's equipment because the MBCC's Facilities Department lacked needed controls to safeguard the college's resources and assets.
The Office has asked MBCC to review the findings and recommendations in its letter and provide the OIG with a corrective action plan by March 31, 2016.
In response, on March 31, 2016, MBCC submitted a detailed corrective action plan addressing the issues and concerns the Office identified during its investigation. MBCC conducted an internal investigation and took disciplinary action against three employees, which resulted in their separation from the college. MBCC also requested that the Norfolk County District Attorney's Office file criminal charges against two of these employees and provided the Office's letter to the State Ethics Commission to determine whether any employees violated M.G.L. c. 268A. In addition MBCC conducted an internal employee training and developed several policies and procedures to strengthen its internal controls. Some of the policy enhancements included the development of an Equipment and Resource Usage Policy; reissuance of its Surplus Property Policy; updates to its Overtime Policy for the Facilities Department; and an update to the policy concerning the use of college vehicles and equipment. MBCC also changed its procedures for ordering, receiving and approving payments for supplies in order to create a clear segregation of duties.
ISAU's Review Identifies Over $985,000 of Free Tolls Provided to MassDOT Employees, Retirees and Unaffiliated Entities, March 2016
The Office's Internal Special Audit Unit ("ISAU") reviewed the Massachusetts Department of Transportation's ("MassDOT" or "Department") oversight of free E-ZPasses and Massachusetts Turnpike Authority ("MTA") cards, which the Department issued. This review found that MassDOT forfeited over $985,000 in toll revenue between November 1, 2009 and August 31, 2015, by allowing certain employees, retirees and other unaffiliated entities to travel on state toll roadways (including the Tobin Memorial Bridge and toll tunnels) for free. Nearly 850 current employees and retirees have free access to toll roads. In some cases, free E-ZPasses belonging to deceased persons were used after reported dates of death of pass holders. Moreover, MassDOT could not identify the location, assignment or ownership of eighty-five free E-ZPasses at the time of this review.
The Department distributed most of the free E-ZPasses and MTA cards before MassDOT's creation in 2009; however, the ISAU determined that MassDOT does not have a business need to provide retirees or employees (other than toll collectors) with this benefit. Similarly, the ISAU could not find any collective bargaining agreements that required MassDOT to offer these benefits. After the ISAU began this review in 2013, MassDOT deactivated the free E-ZPasses assigned to unaffiliated entities. It also discontinued the MTA cards distributed to 600 retired employees. The ISAU recognizes the Department for these actions. MassDOT, however, continues to allow nearly 850 employees and retirees to use these devices. Free E-ZPasses and MTA cards cost the state transportation revenue. The ISAU therefore recommends that the agency eliminate all free E-ZPasses and MTA cards that were the subject of this review.
MassDOT's Provision of Free Access to Massachusetts Toll Roads, March 2016
Boston Fire Department District Chief Sentenced, February 2016
- Following a two-week trial, a Suffolk Superior Court jury convicted Edward A. Scigliano IV, a District Chief for the Boston Fire Department, on all 10 counts of procurement fraud and larceny filed against him. Scigliano, 46, of Kingston, used his position to orchestrate two schemes to illegally enrich himself by having one vendor pay more than $32,000 towards his personal credit card bills and another vendor "swap" items out of purchase orders and replace them with $17,000 in merchandise for his personal use. The OIG and the Boston Police Department's Anti-Corruption Division conducted the initial investigation and assisted the Attorney General's Office and the Massachusetts State Police with the prosecution.
Investigation into the Abuse of Disability Parking Placards, February 2016
The Inspector General's Internal Special Audit Unit ("ISAU") performed a follow up to the Office's 2013 investigation into the misuse of disability parking placards ("placards"). The ISAU's investigation found the ongoing misuse of placards across every Boston neighborhood it surveilled. In addition to people who used placards belonging to someone else, the ISAU found individuals using purchased, cancelled and expired placards. The ISAU also identified gaps in state law and the placard application that leave the Registry of Motor Vehicle's ("RMV") placard program vulnerable to fraud and abuse.
During the investigation, the ISAU identified seventy-seven drivers regularly using disability parking placards that belonged to someone else in order to park at a meter all day for free. The Office conducted targeted surveillance in conjunction with the Massachusetts State Police, who cited twenty-three of these drivers for placard misuse. The RMV imposed a $500 fine on each driver and suspended twenty-two of the drivers' licenses for thirty days (one case is still open). The RMV also suspended one placard holder's license for thirty days.
The investigation also identified some placard holders whose general job duties involve walking and standing for long periods of time, which contradict the mobility limitations required to obtain a placard. The Office analyzed what placard abuse could cost the city of Boston. If just 10% of drivers who park at meters in Boston regularly are misusing placards, this translates into approximately $1.8 million in annual lost revenue for the city.
The Office made several recommendations to combat placard abuse, including recommending that the RMV work with the Legislature and other stakeholders to update and revise the state's placard laws. The Office also recommended the RMV (1) revise the placard application to comply with state law; (2) work with cities and towns to enforce placard laws; (3) educate the healthcare community on the impact of placard abuse; (4) create a process for municipalities to promptly report abuse; and (5) ensure its electronic records concerning placards are accurate and up-to-date.
Update: In response to the ISAU's report, the RMV met with the Placard Abuse Task Force to review the ISAU's recommendations. The RMV also modified its process for reporting a placard lost or stolen. Specifically, when a placard holder reports a placard lost or stolen, he must now certify that law enforcement has not confiscated the placard. Additionally, the RMV reported that it is developing a new procedure for law enforcement to inform the RMV when a placard is confiscated. The RMV will also consult with the Medical Advisory Board regarding the RMV's processes for (1) renewing temporary placards; and (2) reviewing applications that list arthritis as the qualifying disability. Finally, it is assessing the ISAU's remaining recommendations in order to (1) prioritize improvements to its process for issuing placards; (2) enhance its database of medical providers; (3) improve the design of placards; and (4) develop law enforcement training for identifying and citing placard misuse.
The Abuse of Disability Parking Placards in Massachusetts, February 2016 file size 1MB
OIG's Investigation Into MassDOT's Paving Contracts Leads to Financial Recovery, January 2016
The Office investigated the Massachusetts Department of Transportation's ("MassDOT" or "Department") process for performing mandated price adjustments on commodities used in paving projects. The investigation identified payment errors, including an overpayment of $179,856 to a long-time paving contractor. The Office examined evidence indicating the contractor detected the overpayment, but did not return the funds to MassDOT. Based on the Office's investigation, MassDOT was able to recover $116,424 from the contractor.
The investigation also uncovered weaknesses in MassDOT's oversight of paving contracts. Despite having fairly robust internal procedures, MassDOT does not consistently enforce those policies. As a result, the agency does not always perform monthly price adjustments for liquid asphalt and diesel fuel used in paving projects, although required by state law. Further, payment documentation for the contracts the Office reviewed contained errors that affected the prices MassDOT paid contractors. Specifically, 44% of the documentation for asphalt pricing and 79% of the documentation for diesel fuel pricing was inaccurate. Additionally, the Office identified significant delays in MassDOT's closing of paving contracts. Some contracts remained "open" up to five years after contractors already completed paving work.
Although the Office only reviewed a relatively small sample of the Department's paving contracts, it found these multiple issues. This indicates that MassDOT has a more widespread, systematic problem with a potentially large financial impact to the Department. The Office recommends that MassDOT recoup any remaining balance due from contractors, strengthen contract management practices and verify that employees follow state law, contract terms and Department policies.
Update: In response to the report, MassDOT created a working group to review the Office's findings and assess whether the Highway Division follows its current policies. The working group also conducted price-adjustment training for Highway Division employees, developed a workflow tool to track price adjustments on open contracts and explored the potential for increased staffing.
The Internal Special Audit Unit's Investigation of Commodity Price Fluctuations at the Massachusetts Department of Transportation
Review of the Framingham Housing Authority, September 2015
On August 31, 2015, the Office wrote to the Framingham Housing Authority's (FHA) Board of Commissioners regarding the significant internal control weaknesses and oversight deficiencies at the authority. The Office made recommendations and requested that the Board of Commissioners submit a written corrective action plan.
On September 24, 2015, the newly appointed Executive Director for the FHA responded to the Office's findings by outlining corrective actions to address the weaknesses, deficiencies and concerns this Office identified. Specifically, the Executive Director stated that the FHA is (1) updating its vehicle and internal control policies to create additional oversight by the Board of Commissioners; (2) updating all of its procurement policies; (3) creating a procurement office to track purchase orders and expenditures; (4) reviewing its fuel management and usage policies and practices; (5) introducing more stringent management practices and asset controls; and (6) seeking anti-fraud training. This Office believes that these corrective actions are important steps forward to decrease the FHA's vulnerability to fraud, waste and abuse.
For more information see: Inspector General's Letter to Framingham Housing Authority Board of Commissioners, August 2015
Marshfield Housing Authority Board of Commissioners Submits Corrective Plan, March 2015
In October 2014, the OIG wrote to the Marshfield Housing Authority (MHA) Board of Commissioners regarding the alleged misuse of a credit card by MHA's former maintenance supervisor. After a review of that allegation and other allegations, the OIG found significant internal control weaknesses and oversight deficiencies at the MHA. The OIG made recommendations and requested that the Board of Commissioners submit a written corrective action plan. In March 2015, the Board submitted a plan that is a step forward in decreasing the Marshfield Housing Authority's vulnerability to fraud, waste and abuse.
For more information see: Inspector General Letter to Marshfield Housing Authority Board of Commissioners, October 2014
Bribery Charges Lead to Sentencing, February 2015
An investigation by the OIG, along with the U.S. Department of Housing and Urban Development's Office of the Inspector General, led to the conviction of Charles Feeney, the former facilities director of two Somerville non-profit organizations, for soliciting bribes from a general contractor working for the two organizations.
On February 17, 2015, Feeney, 60, of Billerica, was sentenced by U.S. Senior District Judge Mark L. Wolf to six months in prison with three years of supervised release, and was ordered to pay $142,927 in restitution. In May 2012, Feeney pleaded guilty to two counts of soliciting bribes. The U.S. Attorney's Office prosecuted the case.
For more information see: Former Non-Profit Facilities Director Sentenced to Federal Prison on Bribery Charges, February 2015
OIG Assisted in Case Leading to $1.3 Million Settlement with Verizon New England Inc., December 2014
Verizon New England Inc. (Verizon) agreed to pay the state more than $1.3 million to settle allegations that the firm had overcharged the Commonwealth for telecommunications services between September 2006 and October 2012. The settlement also requires Verizon to offer refunds to cities and towns affected by the alleged overbilling. The Office of the Inspector General assisted in investigating the case.
For more information see: Verizon New England Inc. Agrees to Pay Over $1.3 Million to Settle Allegations of State Contract Overbilling, December 2014
OIG, State Police and RMV Joint Investigation of Abuse of Disabled Persons Parking Placards Resulted in Driver Penalties, March 2014
On November 20, 2013, the OIG issued a report on an investigation into misuse of disabled persons parking placards. As a result of the investigation, the Registry of Motor Vehicles (RMV) imposed $500 fines on 13 drivers the OIG identified as abusing disabled persons parking placards. In addition, the RMV imposed a 30-day license suspension on 12 of the 13 drivers.
For more information see: Update on the Office of the Inspector General Joint Investigation of Abuse of Disabled Persons Parking Placards, March 2014
OIG Probe Leads to Indictment of the Former CFO of the Merrimack Education Center, December 2013
On December 17, 2013, a federal grand jury voted to indict Carl A. Nystrom, the former chief financial officer of the Merrimack Education Center (MEC), a non-profit corporation headquartered in Chelmsford, with mail and wire fraud in connection with obtaining fraudulent public pensions for employees of the non-profit. Inspector General Glenn A. Cunha said, "Mr. Nystrom's leadership role at the non-profit organization put him in a position to ensure that MEC followed the law. Instead, the indictment alleges, he chose to disregard state pension law and approve the misappropriation of funds."
The indictment was the result of a joint investigation by the OIG, the Internal Revenue Service, the Federal Bureau of Investigation, the U.S. Attorney's Office and the Attorney General's Office. The case is being prosecuted by the U.S. Attorney's Office.
For more information see: Massachusetts Office of the Inspector General Probe Leads to Indictment of the Former CFO of the Merrimack Education Center, December 2013
OIG Combined Investigation Regarding Chelsea Housing Authority Executive Director Leads to Sentencing, July 2013
An Inspector General combined probe with the Massachusetts State Police, the Federal Bureau of Investigations, and the Office of the Inspector General for HUD, resulted in the former Chelsea Housing Authority Executive Director Michael E. McLaughlin being charged in federal court with falsely reporting his salary in annual budgets required by the U.S. Department of Housing and Urban Development (HUD) and the Massachusetts Department of Housing and Community Development. The Department of Justice, Office of Carmen M. Ortiz, United States Attorney for the District of Massachusetts, charged McLaughlin on January 23, 2013.
On July 17, 2013, U.S. District Court Judge Douglas Woodlock sentenced Michael McLaughlin to 36 months in federal prison after he pled guilty to four counts of falsifying documents in order to hide his actual salary from state and federal officials from 2008 to 2011. McLaughlin's prison sentence will be followed by two years of supervised release. In addition, McLaughlin must pay a $4,000 fine.
For more information on McLaughlin's plea, see the U.S. Department of Justice's Press Release at http://www.justice.gov/usao/ma/news/2013/February/McLaughlinMichaelplea.html.
Also, see the OIG's Letter to Joseph Connarton, Executive Director, PERAC & David Pickering, Board Administrator, Chelsea Retirement Board, Regarding the Compensation & Retirement Benefits of Michael McLaughlin, Executive Director of the Chelsea Housing Authority, Nov 2011
OIG Investigation Regarding Plymouth County Bid-Rigging Leads to Settlement, April 2012
An Inspector General investigation of attempted bid-rigging allegations resulted in Attorney General Martha Coakley reaching a settlement with Former Commissioner Timothy McMullen and Edward Burgess the owner of Capeway Pest Management to pay $7,500 each in penalties and costs. In December 2010 the Office concluded an investigation into a complaint concerning the quote process for the pest control contract that was to be awarded by the Plymouth County Commissioners. The pest control contract involved pest control services for seven Plymouth County buildings, including the Plymouth County District Attorney's Office, the Brockton Superior Court, three District Courts, the Plymouth County Registry of Deeds, and the Plymouth County Commissioners' Office. The Office found that collusion and bid rigging occurred in the procurement of the contract. The Office referred the case to the Attorney General's Office.
Inspector General Investigation of Attempted Bid-Rigging Allegations Results in Attorney General Settlement with Former Plymouth County Commissioner and a Pest Control Company, April 2012
Results of Pension Fraud Investigations, February 2012
The Inspector General's Office (OIG) has committed substantial resources to uncover and eliminate pension fraud within the Commonwealth, working with other law enforcement agencies including the United States Attorney's Office, the Federal Bureau of Investigation and the Boston Police Department. The results of these combined investigative and prosecutorial efforts are both noteworthy and significant.
- The OIG's investigation of Charles Bradshaw Lincoln (Lincoln) became a catalyst for pension reform in the Commonwealth. Lincoln was a former Lieutenant for the City of Brockton Police Department. During Lincoln's last three years of employment at the Brockton Police Department he also served as the Director of Security for the Plymouth County House of Correction. During Lincoln's last three years of employment, he inflated his pension by abusing his sick leave in order to hold two full-time public safety positions. Lincoln was employed by Plymouth County for only three years and his contribution to its retirement system was minimal. Notwithstanding his marginal participation, he receives approximately $63,000 annually from that system for the rest of his life. By contrast, Lincoln was required to work almost thirty two years in the Brockton retirement system to qualify for an annual pension of approximately $76,000.
- Lincoln's pension assessment from Plymouth County is approximately 83% of the Brockton assessment, despite his minimal involvement in the County system. During Lincoln's last three years of employment, he used 222 days of sick leave at the Brockton Police Department. On 148 of those days, while claiming to be sick for his police shift, he put in a full day at the Plymouth County Sheriff's Department.
- In June 2009, the Massachusetts Legislature amended M.G.L. c.32, §5 (Retirement Systems And Pensions - Superannuation Retirement), by adding a new subsection [i.e. §5(e)]. This new subsection of the law was designed by the Legislature to prevent pension abuse similar to that found in the Lincoln case from occurring in the future.
- After the Boston Globe reported widespread pension abuse in the Boston Fire Department in 2008, the OIG joined an investigation with the United State Attorney's Office, the Federal Bureau of Investigation and Boston Police Department. As a result of the investigation two firefighters were indicted by a Federal Grand Jury in October of 2009.
- During the investigation of the Boston Fire Department accidental disability pension matter, the Massachusetts Legislature amended M.G.L. c.32, §7 and inserted new language which abolished the so called "king for a day" rule.3 Presently, it is unlawful for a subordinate to take his superior's place temporarily, sustain injury, and seek a disability based on his superior's higher salary.
Cognos Case Summary, February 2012
The Massachusetts Office of the Inspector General (OIG) had an instrumental role in the investigation that resulted in the prosecution and conviction of former Speaker of the House Salvatore F. DiMasi and lobbyist Richard McDonough in 2011. Staff of the Inspector General's office initiated the case, which began in mid-October 2007 with an inquiry into the faulty procurement of $13 million in software from the firm Cognos. The case ended in September 2011 with the sentencing of DiMasi and McDonough to federal prison for eight and seven years respectively.
The OIG investigated two contract awards - a $4.5 million software purchase by the Department of Education in 2006 and a $13 million purchase of performance management software by the state, funded by a March 2007 emergency bond bill. Several elements of the Cognos case that played a prominent role at DiMasi's trial were first uncovered by the Inspector General's staff. For example, the OIG established that:
- Cognos had paid DiMasi's law associate, Steven J. Topazio, $125,000 beginning in April 2005 and ending in March 2007, immediately after the bond bill was approved;
- Topazio performed no work in exchange for the $125,000;
- The language directing the state to buy performance management software was inserted in the bond bill at DiMasi's request.
OIG Investigation of Kickbacks Leads to Indictment
A joint investigation between this Office and several federal agencies, led to the indictment of Charles Feeney of North Billerica for soliciting, demanding, and accepting kickbacks. Feeney allegedly awarded a general contract to renovate a building for the Walnut Street Center to a contractor with the stipulation that a subcontract for electric work would be awarded to his company. In total, the indictment alleges that Feeney received more than $180,000 from the contractor. If convicted, he faces up to 10 years imprisonment, to be followed by up to three years of supervised release and a $250,000 fine on each count.
MA Inspector General Joint Investigation- Methuen Contractor Pleads Guilty to Bid-Rigging, March 2011
OIG Investigation of Chapter 40B Leads to Millions in Cost Recovery for Massachusetts Towns
Following investigations into Chapter 40B affordable housing developments, four towns have negotiated settlements for monies owed to them by developers under the profit limits set by the law. The Town of Berkley received a settlement of $275,000. In an agreement between the Town of Acton and Crossroads Development LLC, the developer will do work for the Town in lieu of paying the $750,000 owed to the Town. Additionally, the Town of Wakefield received a $500,000 settlement and the City of Braintree received a settlement of $2.3 million.
Town of Berkley Reaches Settlement with Rhode Island Chapter 40B Developer Following Inspector General Investigation, December 2011
Town of Acton Reaches an Agreement with Crossroads Development LLC, a Chapter 40B Developer, Who Will Perform Renovation Work In Lieu of Continued Litigation, January 2011
Massachusetts Attorney General Reaches Settlement with Braintree Chapter 40B Developers Following Inspector General Investigation, October 2009
Review of Developer Profits on a Town of Wakefield M.G.L. Chapter 40B project, letter to John F. Carney, Chairman, Board of Selectmen & Thomas Butler, Town Administrator, March 2007
OIG Investigation of Municipal Employees Leads to Prison Sentences
As a result of an investigation by this Office, two employees of the Haverhill Highway Department—James and Kevin Flaherty—were convicted of larceny and other charges in connection with a scheme to use city personnel, material, and equipment on private contracting jobs. James Flaherty pled guilty and was sentenced to two years in jail and to pay what he owes in unpaid taxes. His son, Kevin, was also sentenced to two years in jail and forced to pay restitution and do 200 hours of community service.
An investigation by this Office and the Essex County District Attorney's Office led to a guilty plea by former Methuen School Department Business Manager Joseph Salvo to embezzlement by a municipal officer of municipal property and larceny over $250.00. He used school credit cards to purchase items for personal use. He was sentenced to six months imprisonment.
Haverhill Retirement Board Decision Regarding an Employee's Pension Upheld after a Massachusetts Office of the Inspector General, Massachusetts State Police and Massachusetts Attorney General's Office Joint Investigation, July 2011
OIG Investigation of Illegal Sewer Connection Leads to Fine
The Office investigated claims that a former Lowell City Councilman illegally connected a building he was developing in Chelmsford to the Lowell Sewer. After investigating, the Office concluded that the sewer line was not authorized/approved by the City of Lowell, was not connected in accordance with the City of Lowell's Code of Ordinances: §§ 272-30 to 33, and was done in furtherance of a scheme by former City Councilman Alan Kazanjian to keep construction costs at a minimum while defrauding the City of Lowell and Town of Chelmsford rate payers.
After this Office investigated and issued a letter, the Councilman agreed to pay the City the $3,149 sewer connection fee and a fine of $15,000.
Investigation of an Unauthorized Sewer Connection in the City of Lowell, March 2011 file size 1MB
OIG Investigation of Bid-Rigging Leads to Prison Sentence
Following an investigation by this office, Methuen contractor Christopher Medungo was sentenced to one year imprisonment and 200 hours of community service for 12 counts of bid-rigging. It is estimated that he received approximately $95,545.00 as a result of manufactured contracts.
MA Inspector General Joint Investigation - Methuen Contractor Pleads Guilty to Bid-Rigging, March 2011


text:
I'm sure we're all guilty. Maybe you've upgraded then the old stuff is just sat in the garage.
But I'm constantly amazed at the really expensive, quality stuff on the classifieds that's claimed to have been bought and never used
So fess up. What have you presently got sat around gathering dust in the garage or shed then? Due to a recent house move, and essential clearout, The only thing of any consequence is a Pace RC305 frame hung up forlornly in the shed, a few different stem and bar combos, various sets of pedals, some shifters, god knows how many saddles. I reckon that's pretty good
So... who's the worst offender? What have you got? Enough gubbins to build how many complete bikes?


text:
Honest Services Fraud After Skilling v. United States
Engage Volume 12, Issue 3, November 2011
|Criminal Law & Procedure Practice Group
The mail fraud statute of 1872 may be regarded as the progenitor of what we now call white collar crimes. Originating with the Postmaster General's concern1 that the mail system was being used to facilitate fraudulent schemes, the mail fraud statute has evolved into a powerful prosecutorial weapon. The core prohibition in the statute, first amended in 1909,2 punishes "any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises."3 Not only does the statute reach far and wide in its own right, it is also a predicate crime for RICO4 and money laundering prosecutions.5
The classic violation of the statute is a case in which A defrauds B of money or property, as in a Ponzi scheme when it fails. But what if there is no victim in the traditional sense or the losses are abstract? Beginning in the 1940s, the courts developed a theory embracing generalized intangible losses. According to the Supreme Court in Skilling v. United States,6 Shushan v. United States7 originated the doctrine by affirming the mail fraud prosecution of a public official who allegedly accepted bribes from entrepreneurs in exchange for urging city action beneficial to the bribe payers. Shushan thus established the theory that the mail fraud statute covers a scheme to defraud the public, although the "loss" sustained by the public is not monetary but rather an intangible right to the honest administration of government. "A scheme to get a public contract on more favorable terms than would likely be got otherwise by bribing a public official would not only be a plan to commit the crime of bribery, but would also be a scheme to defraud the public."8
The court in Shushan further stated that no trustee has more sacred duties than a public official, and any scheme to obtain an advantage by corrupting such official must in the federal law be considered a scheme to defraud.9 Nevertheless, subsequent cases extended the principle of fiduciary duty to a private employer-employee relationship. An employee who bought from vendors at reasonable rates but took a kickback from the vendor committed honest services fraud by using the mails in furtherance of the scheme.
Surveying public and private honest services fraud the Supreme Court in Skilling stated:
"Most often these cases . . . involved bribery of public officials," United States v. Bohonus, 628 F.2d 1167, 1171 (C.A.9 1980), but courts also recognized private-sector honest-services fraud. In perhaps the earliest application of the theory to private actors, a District Court, reviewing a bribery scheme, explained:
"When one tampers with [the employer-employee] relationship for the purpose of causing the employee to breach his duty [to his employer,] he in effect is defrauding the employer of a lawful right. The actual deception that is practised is in the continued representation of the employee to the employer that he is honest and loyal to the employer's interests." United States v. Proctor & Gamble Co., 47 F. Supp. 676, 678 (Mass. 1942).
Over time, "[a]n increasing number of courts" recognized that "a recreant employee"—public or private—"c[ould] be prosecuted under [the mail-fraud statute] if he breache[d] his allegiance to his employer by accepting bribes or kickbacks in the course of his employment," United States v. McNeive, 536 F.2d 1245, 1249 (CA8 1976); by 1982, all Courts of Appeals had embraced the honest-services theory of fraud, Hurson, Limiting the Federal Mail Fraud Statute—A Legislative Approach, 20 Am. Crim. L. Rev. 423, 456 (1983).10
In the 1970's prosecutors increasingly began to use the mail and wire fraud statutes in cases brought against political officials for failure to provide honest services.11 In United States v. States,12 the Eight Circuit affirmed the district court's ruling that the two phrases of section 1341 should be read separately and independently, thus proscribing two distinct offenses: 1) schemes to defraud and 2) schemes for obtaining money or property by means of fraudulent pretenses.13 Without the requirement of a money or property scheme honest services became the "Stradivarius, the Colt 45, the Louisville Slugger[,] . . . and the true love of federal prosecutors."14
In 1987, the Supreme Court put an end to the expansion of the mail fraud statute in the case of McNally v. United States.15 McNally involved the conviction of Gray, a former Kentucky public official, and McNally, a private individual, for participation in a self-dealing patronage and kickback scheme. The violation asserted by the Government was nondisclosure: the failure to disclose the defendants' sharing of insurance commissions, thus depriving the people of Kentucky of their right to have the commonwealth's affairs conducted honestly.16 Footnote nine of McNally shows the broad reach that intangible rights doctrine had attained:
[I]t was not charged that requiring the Wombell agency to share commissions violated state law. We should assume that it did not. For the same reason we should assume that it was not illegal under state law for Hunt and Gray to own one of the agencies sharing in the commissions and hence to profit from the arrangement, whether or not they disclosed it to others in the state government. It is worth observing as well that it was not alleged that the mail fraud statute would have been violated, had Hunt and Gray reported to state officials the fact of their financial gain. The violation asserted is the failure to disclose their financial interest, even if state law did not require it, to other persons in the state government whose actions could have been affected by the disclosure. It was in this way that the indictment charged that the people of Kentucky had been deprived of their right to have the Commonwealth's affairs conducted honestly.
It may well be that congress could criminalize using the mails to further a state officer's efforts to profit from governmental decisions he is empowered to make or over which he has some supervisory authority, even if there is no state law proscribing his profiteering or even if state law expressly authorized it. But if state law expressly permitted or did not forbid a state officer such as Gray to have an ownership interest in an insurance agency handling the State's insurance, it would take a much clearer indication than the mail fraud statute evidences to convince us that having and concealing such an interest defrauds the State and is forbidden under federal law.17
The Court in McNally held that the scheme did not qualify as mail fraud. "Rather than construing the statute in a manner that leaves its outer boundaries ambiguous and involves the Federal Government in setting standards of disclosure and good government for local and state officials, we read the statute as limited in scope to the protection of property rights."18 The Court relied in part upon the rule of lenity in reaching its conclusion, and stated that "if Congress desires to go further, it must speak more clearly than it has."19
Congressional Reaction to McNally
It took Congress only a year to "speak more clearly." In 1988, Congress enacted 18 U.S.C. §1346 as part of the Drug Abuse Act. Some have called section 1346 the "stealth bill" because it was never referred to any committee of either the House or the Senate, and was never the subject of any floor debate.20 The statute itself is only twenty-eight words long, has virtually no legislative history,21 and fails to define the term honest services. Section 1346 reads: "For the purpose of this chapter, the term 'scheme or artifice to defraud' includes a scheme or artifice to deprive another of the intangible right of honest services." It is clear that Congress disapproved of McNally because of either its result or its rationale.
It was not until Skilling in 2010 that the Supreme Court attempted to resolve the issues surrounding the honest services doctrine. Petitioner Jeffrey K. Skilling was the former chief executive officer of Enron, then an energy and commodities company, from February until August 2001. Less than four months later, Enron, the seventh-highest revenue-grossing company in America at the time, crashed into bankruptcy, and its stock plummeted in value.
Skilling was charged with engaging in a scheme to deceive investors about Enron's true finances by manipulating its publicly reported financial results and making false and misleading statements about Enron's financial performance. Count One of the indictment charged Skilling with conspiracy to commit honest services wire fraud by depriving Enron and its shareholders of the intangible right of his honest services.22
After a four-month trial, the jury found Skilling guilty of nineteen counts, including the honest services fraud conspiracy charge, and not guilty of nine insider trading counts. Skilling appealed, claiming his conviction was premised on an improper theory of honest services wire fraud.23 Skilling maintained that section 1346 was unconstitutionally vague, and alternatively, that his conduct did not fall within the statute. The Fifth Circuit affirmed Skilling's convictions, and the Supreme Court granted certiorari.
The Court acknowledged that Skilling's vagueness challenge had force because honest services decisions preceding McNally were not models of clarity or consistency, but held that there is a definable core of honest services cases. Rather than invalidating section 1346, the Court in Skilling determined that the statute should be construed and pared down to the "core" of pre-McNally case law concerning honest services. The Court explained that its longstanding practice is to consider a limiting construction before striking a federal statute as impermissibly vague.24 "Although some applications of the pre-McNally honest services doctrine occasioned disagreement among the Courts of Appeals, these cases do not cloud the doctrine's solid core: The vast majority of the honest services cases involved offenders who, in violation of a fiduciary duty, participated in bribery or kickback schemes."25
In view of the history of honest services cases, the Court determined that Congress intended section 1346 to reach "at least" bribes and kickbacks. The Court stated that the McNally case itself, which spurred Congress to enact section 1346, presented a paradigmatic kickback fact pattern. The Court acknowledged that reading the statute to proscribe a wider range of offensive conduct would raise the due process concerns underlying the vagueness doctrine.
The Government urged the Court in Skilling to include conflict-of interest cases, i.e., undisclosed self-dealing by a public official or private employee within the scope of section 1346.26 The Government asserted that while pre-McNally cases involving undisclosed self-dealing were not as numerous as the bribery and kickback cases, they were abundant. The government argued that the theory of liability in McNally itself was nondisclosure, which is an accurate statement of the case in the lower courts. Although a kickback scheme was in fact involved in McNally, "the violation asserted is the failure to disclose their financial interest . . . ."27 The Court in Skilling found that "[g]iven the relative infrequency of [conflict of interest] prosecutions [in comparison to bribery and kickback charges] and the intercircuit inconsistencies they produced, . . . that a reasonable limiting construction of §1346 must exclude this amorphous category of cases."28 Echoing McNally, the Court in Skilling stated that "if Congress desires to go further, it must speak more clearly than it has." So far, Congress has not done so.
Regarding the due process issue, the Court concluded that vagueness is not a problem when section 1346 is limited to bribery and kickback schemes because there is fair notice of what the statute prohibits. "'[W]hatever the school of thought concerning the scope and meaning of' §1346, it has always been 'as plain as pikestaff that' bribes and kickbacks constitute honest-services fraud."29 The Court did not perceive a significant risk of arbitrary prosecutions because section 1346 draws content on bribes and kickbacks from pre-McNally case law and from federal statues proscribing and defining similar crimes.30 In short, a criminal defendant who participates in a bribery or kickback scheme cannot plausibly complain about prosecution on vagueness grounds.31
As to Skilling's conduct, the Court noted that the Government did not, at any time, allege that Skilling solicited, accepted, or offered payments to or from a third party in exchange for making these misrepresentations. Therefore, he did not commit honest services fraud.32 But because the indictment alleged three objects of the conspiracy—honest services wire fraud, money or property fraud, and securities fraud—the Court remanded to determine if there was error and if it required reversal of the conspiracy conviction. On remand, the Fifth Circuit held that the error was harmless beyond a reasonable doubt and affirmed the conviction on all counts.33
Justices Scalia and Thomas concurred with the majority's judgment but not its honest services rationale. Scalia argued that the doctrine of honest services includes more than bribes and kickbacks. "Among all the pre-McNally smorgasbord offerings of varieties of honest services fraud, not one is limited to bribery and kickbacks. That is a dish the Court has cooked up all on its own."34 Additionally, Scalia argued, there remains uncertainty as to when the fiduciary obligation arises and if it comes from state or federal law. The Court in Skilling briefly addressed this concern in a footnote stating that debates were rare regarding the source and scope of fiduciary duties in bribe and kickback cases. "The existence of a fiduciary relationship, under any definition of that term, was usually beyond dispute . . . ." Examples include public official-public, employee-employer, and union official-union members.35 The Court then cited Chiarella v. United States36 for the "established doctrine that [a fiduciary] duty arises from a specific relationship between two parties."37
In sum, a charge under section 1346 now requires that the defendant have a fiduciary duty, and the scheme to defraud of honest services is limited to bribery and kickback schemes.
Analysis of Post-Skilling Cases
A. Fiduciary Duty
The First Circuit analyzed fiduciary duty in an honest services charge after Skilling in United States v. Urciuoli.38 Urciuoli, the chief executive officer of a medical center in Rhode Island, employed John Celona, then a Rhode Island state senator, to market a nursing home Urciuoli's medical center owned. But, in substance, the Senator was employed to use his office on behalf of the medical center to support or oppose bills and influence major insurance companies.39 Urciuoli was convicted of multiple honest services fraud counts, including undisclosed conflict of interest and bribery. He appealed, and a new trial was ordered. On retrial, the government excluded any mention of conflict of interest, and he was again convicted.40 Uriciuoli appealed again and, relying on language from Skilling, argued that as a private citizen he owed no fiduciary duty to the public and therefore the honest services charge could not stand.
The court held that nothing in Skilling's language or context suggests that the Court was distinguishing between the fiduciary who received the bribe and the non-fiduciary who gave it.41 Indeed, the court stated that of the nine circuit court cases that Skilling cited as examples of core honest service fraud cases, two involved convictions of individuals who bribed another to violate his fiduciary duties.42 The First Circuit affirmed, and held that this case is the core bribery offense preserved by Skilling.43
B. The Agreement Required for a Bribe or Kickback Scheme
In United States v. Siegelman,44 then-Alabama Governor Don Siegelman was convicted of federal funds bribery, honest services fraud, conspiracy, and obstruction of justice. Siegelman's honest services mail fraud convictions were based on allegations that Richard Scrushy, founder and former chief executive officer of HealthSouth Corporation, made and executed a corrupt agreement with Siegelman. Scrushy allegedly gave Siegelman $500,000 in exchange for Siegelman appointing him to Alabama's Certificate of Need Review Board (the "CON Board"), and Scrushy used the CON Board seat to further HealthSouth's interests.45
Siegelman argued that counts six and seven of the honest services charges were not proper because there was no express quid pro quo for Siegelman's appointment of Scrushy to the CON Board. The district court stated that an express agreement or words of promise are not needed for honest services fraud; "the government need only show that a public official has obtained a payment to which he was not entitled, knowing that the payment was made in return for official acts."46 Nor is there any requirement that an agreement be memorialized in writing. "Since the agreement is for some specific action or inaction, the agreement must be explicit, but there is no requirement that it be express."47 The court found that testimony at trial was sufficient to prove that Siegelman and Scrushy had agreed to a deal in which Scrushy's donation would be rewarded with a seat on the CON Board.48 This corrupt quid pro quo thereby proved counts six and seven. Siegelman petitioned for a writ of certiorari, and the Supreme Court vacated judgment and remanded the case for further consideration in light of Skilling.49
On January 19, 2011, the Eleventh Circuit heard oral arguments concerning Siegelman's case. Siegelman's attorney argued that the government did not prove an explicit quid pro quo bribe or kickback scheme to warrant a conviction on honest services fraud. The government took the position that it had proven Siegelman and Scrushy did have a quid pro quo arrangement and that the Skilling case had no bearing on their convictions, as the honest services charge involved bribery. The Eleventh Circuit has not ruled as of the date of this publication.
Unresolved Issues
The cycle of the Court imposing limits on the mail fraud statute and inviting Congress to speak "more clearly" may continue. On September 28, 2010, the Honest Services Restoration Act was introduced in the Senate by Senator Patrick J. Leahy.50 The bill was sent to committee, but it was not passed before the session ended, thereby killing the bill. The bill included both undisclosed self-dealing for public officials and undisclosed private self-dealing for officers and directors.51 The term "public official" was defined, but "officers" and "directors" were not. The bill also required a mens rea requirement; the individual must "knowingly falsify, conceal, cover up, or fail to disclose material information that is required to be disclosed regarding the financial interest in question by any Federal, State, or local statute, rule, regulation or charter applicable" to the individual.52 It is unknown whether the bill will be re-introduced.
The Skilling decision did not address important questions regarding honest services and has also created some new ones. For example, it stated that the Court's definition of honest services fraud only reaches serious culpable conduct without defining the term "serious" or explaining whether "minor" frauds can be prosecuted under the honest services statute.53 Other lacunae relate to the existence vel non of a fiduciary duty, public or private.
A recent article by Elizabeth R. Sheyn addresses these issues and provides recommendations for a new honest services statute.54 Her major recommendations are to define or describe when a fiduciary duty arises, to add a mens rea requirement that a defendant act with specific intent to defraud, and to require proof of actual economic harm.55
To conclude, the mail fraud statute has undergone dramatic expansion over the years. The Skilling decision is the most recent, holding that honest services charges under section 1346 are limited to bribery or kickback schemes. The Court in Skilling also required that the scheme involve, as the defendant or an unindicted coconspirator, an individual with a fiduciary duty, even though it declined to define how or when the fiduciary duty arises. Post-Skilling, conflict of interest charges or undisclosed self dealing charges under section 1346 are not allowed. Perhaps in the near future Congress may "speak more clearly" in response to Skilling as it did after McNally.
* Steven Wisotsky is a tenured professor of law at Nova Southeastern University Law Center, where he teaches white collar crimes and appellate practice. He is co-chair of the ABA Criminal Justice Section Appellate and Habeas Committee and author of Professional Judgment on Appeal (2009). He thanks Dane Leitner, NSU Law Center 2011, for his valuable assistance in the preparation of this article.
1 Carrie A. Tendler, An Indictment of Bright Line Tests for Honest Services Mail Fraud, 72 Fordham L. Rev. 2729, 2731 (2004).
2 The Supreme Court first addressed the scope of the mail fraud statute in Durland v. United States, 161 U.S. 306, 314 (1896). The Court in Durland held that the mail fraud statute reached more broadly than the then-existing version of the common law crime of false pretenses. The statute "includes everything designed to defraud by representations as to the past or present, or suggestions and promises as to the future." Id. at 313. In 1909, Congress codified Durland.
6 130 S. Ct. 2896 (2010).
7 117 F.2d 110, 113 (5th Cir. 1941).
8 Id. at 115.
9 Id.
10 Skilling, 130 S. Ct. at 2926-2927 (2010).
11 Jeffrey J. Dean & Doye E. Green, Jr., McNally v. United States and Its Effect on the Federal Mail Fraud Statute: Will White Collar Criminals Get a Break?, 39 Mercer L. Rev. 697, 703 (1988).
12 488 F.2d 761, 764 (1973).
13 Id.
14 Hon. Jed S. Rakoff, The Federal Mail Fraud Statute (Part 1), 18 Duq. L. Rev. 771, 771 (1980).
16 Id. at 361.
17 Id. (emphasis added).
18 Id. at 360.
19 Id.
20 The specific text of what has become 18 U.S.C. §1346 was inserted in the Omnibus Drug Bill for the first time on the very day that the Omnibus Drug Bill was finally passed by both the House and the Senate. The text of what is now §1346 was never included in any bill as filed in either the House of Representatives or the Senate. As a result, the text of §1346 was never referred to any committee of either the House or the Senate, was never the subject of any committee report from either the House or the Senate, and was never the subject of any floor debate reported in the Congressional Record. United States v. Brumley, 116 F.3d 728, 742 (5th Cir. 1997) (Jolly, J., dissenting).
21 A report submitted by the Senate Judiciary Committee after 18 U.S.C §1346 was enacted stated that the provision was designed to "overturn the decision in McNally" and "reinstate all of the pre-McNally case law pertaining to the mail and wire fraud statutes without change." Elizabeth R. Sheyn, Criminalizing the Denial of Honest Services After Skilling, 2011 Wisc. L. Rev. 27, 35 (2011) (citing 134 Cong. Rec. S17,360, S17,376 (daily ed. Nov. 10, 1988)).
22 Skilling was also charged with over twenty-five substantive counts of securities fraud, wire fraud, making false representations to Enron's auditors, and insider trading.
23 On appeal Skilling also contended that pretrial publicity and community prejudice prevented him from obtaining a fair trial. Both the Fifth Circuit and the Supreme Court concluded that Skilling's fair trial argument failed, and that he did not establish that a presumption of juror prejudice arose or that actual bias infected the jury that tried him. Skilling v. United States, 130 S. Ct. 2896, 2907 (2010).
24 Id. at 2930.
25 Id.
26 Id. at 2932.
27 McNally v. United States, 483 U.S. 350, 361 n.9 (1987).
28 Skilling, 130 S. Ct. at 2932.
29 Id. at 2933. The Court quoted its decision in Broadrick v. Oklahoma, 413 U.S. 601 (1973): "'Even if the outermost boundaries of a statute are imprecise, any such uncertainty has little relevance . . . where appellants' conduct falls squarely within the "hard core" of the statute's proscriptions.' Skilling, 130 S. Ct. at 2933 (quoting Broadrick, 413 U.S. at 608). And it stated, "Today's decision clarifies that no other misconduct falls within §1346's province." Skilling, 130 S. Ct. at 2933.
30 Skilling cites as examples 18 U.S.C. §§ 201(b), 666(a)(2), and 41 U.S.C. § 52(2). Skilling, 130 S. Ct. at 2933. A recent district court case, decided March 11, 2011, found that Skilling did not, as the defendant suggested, require simultaneous proof of § 201(b)(1) and (b)(2) in order to successfully prove honest services fraud. United States v. Ring, 2011 WL 833335 (D.D.C. 2011).
31 Skilling, 130 S. Ct. at 2934.
32 Id. at 2934.
33 United States v. Skilling, 2011 WL 1290805 (5th Cir. Apr. 6, 2011).
34 Skilling, 130 S. Ct. at 2939.
35 Id. at 2930 n.41.
37 Skilling, 130 S. Ct. at 2931 n.41 (quoting Chiarella, 445 U.S. at 233).
38 613 F.3d 11 (1st Cir. 2010).
39 Id. at 13.
40 The bribe to the Senator was not to press or oppose legislation directly through his votes; rather, the purchased use of official power was the implied threat of such action—and also the potential use of influence over legislation in committee—that the Senator conveyed largely by implication through the orchestrated meetings. But the distance between this and paying outright for legislative votes is not great: both involve the misuse of office. Id. at 17.
41 Id. at 18.
42 Id.
43 Id.
44 561 F.3d 1215 (11th Cir. 2009).
45 United States v. Siegelman, 561 F.3d 1215, 1219 (11th Cir. 2009).
46 Id. at 1225-1227, citing bribery decisions Evans v. United States, 112 S. Ct. 1881 (1992) and McCormick v. United States, 111 S. Ct. 1807 (1991).
47 Siegelman, 561 F.3d at 1226.
48 Bailey, an associate of Siegelman, provided testimony that Siegelman showed him a check, said that it was from Scrushy, and that Scrushy was "halfway there." Bailey asked, "[W]hat in the world is he going to want for that?" Siegelman replied, "[T]he CON Board." Bailey then asked, "I wouldn't think that would be a problem, would it?" Siegelman responded, "I wouldn't think so." Id. at 1228.
49 Siegelman v. United States, 130 S. Ct. 3542 (2010).
50 Honest Services Restoration Act, S. 3854, 111th Cong. (2010).
51 Id.
52 Id.
53 Id. at 47.
54 Elizabeth R. Sheyn, Criminalizing the Denial of Honest Services After Skilling, 2011 Wisconsin L. Rev. 27, 35 (2011).
55 Id. at 55-58.


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Ben Stiller is a gifted director who has performed a full-on 180-degree turn from snarky fare like "Tropic Thunder" to tackle this new adaptation of "The Secret Life of Walter Mitty," James Thurber's famed 1939 short story that inspired a well-liked 1947 movie starring Danny Kaye.
It's a sincere effort about a forty-something dreamer played by Stiller whose days vacillate between a humdrum job in the photo department of Life magazine (weirdly resurrected for this present-day set flick) and a series of elaborate fantasies that find him rescuing animals from burning buildings, transforming into a rugged mountain explorer and more.
The thematic structure is strong; Stiller and screenwriter Steve Conrad evoke the yearning for change and excitement in a life that seems deeply unsatisfying to the man living it. We're all cursed with the feeling that the important, interesting stuff is happening somewhere outside our purview. To be human is to be envious, in one form or another, after all.
The movie is just so antiseptic, filled with silver-toned images that are self-consciously beautiful to the point of distraction. It's so over-processed that it doesn't feel real. The compositions are perfectly shaped and geometric, the camera movements fluid, the imagery geared toward evoking a maximum sense of awe. Stiller relies so heavily on wide shots framing Mitty against, say, a pristine snow-covered mountain or amid the rush of waves in a stormy sea that the movie comes to resemble a series of pretty pictures rather than a journey into the character's head.
This is complicated material in that it requires the externalization of a deeply internal sense of dissatisfaction. As an actor and a director, Stiller can't quite pull it off. His performance is too self-consciously mopey, without the deep feeling that someone like Jim Carrey might have brought to the part. And when the movie becomes a literal, globe-trotting adventure, sending Mitty everywhere from Scandinavia to Afghanistan, the story's universality is lost. It's a travelogue that's a long way removed from Thurber's "undefeated, inscrutable" hero.
Directed by Ben Stiller
Starring Ben Stiller, Kristen Wiig, Adam Scott
Rated PG
Opens Dec. 25


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Accused of shooting up fentanyl on the job
Medical board says UCSD anesthesiologist had been to Betty Ford
Don Bauder 9 a.m., Nov. 23
Wednesday 18
The Athenaeum Music & Arts Library (1008 Wall Street) continues their concert series with the Melissa Aldana Crash Trio featuring Aldana on tenor saxophone, Pablo Menares on bass, and Francisco Mela on drums. Aldana won the Thelonious Monk competition and the concert is nearly sold out. Tickets are $26 general admission, $21 Athenaeum members, and it starts at 7:30 p.m.… The Young Lions Series at Croce's Park West (2760 Fifth Avenue) carries on with Evan McColm at 7:00 p.m. $5 cover… Trumpeter Gilbert Castellanos hosts the Jazz Jam Session at Seven Grand (3054 University Avenue) with pianist Joshua White, bassist Rob Thorsen, and drums TBA. 9:00 p.m., 21+, no cover, musicians bring your instruments.
Thursday 19
The Ian Tordella Group featuring Joey Carano on guitar, Lee Pardini on keyboards, and Kevin Higuchi on drums is playing the Jazz 88 Happy Hour at the Lafayette Hotel (2223 El Cajon Boulevard) from 5:00 to 7:30 p.m. 21+, $5 cover… The Reka Parker Trio with Jeff Blanco on bass and Bob Daniels on drums is hitting Northern Spirits (727 West San Marcos Boulevard) from 7:00 to 10:00 p.m. $5 cover.
Friday 20
Vocalist Whitney Shay is rocking a Tribute to Little Richard with Robin Henkel on guitar, Ed Kornhauser on piano, Caleb Furgatch on bass, Toby Ahrens on drums, and David Castel de Oro and Troy Jenkins on saxophones at 98 Bottles (2400 Kettner Boulevard), two shows (7:30 & 9:30 p.m.). $15 at the door… L.A. saxophonist Charles Owens comes to Dizzy's (4275 Misssion Bay Drive) and hooks up with Joshua White on piano, Marshall Hawkins on bass, and Brett Sanders on drums. 8:00 p.m. $15… Guitarist Jaime Valle leads a trio with bassist Gunnar Biggs and drummer Richard Sellers at Northern Spirits from 7:00 p.m. $5 cover.
Saturday 21
Get your Latin jazz on with Son Pa Ti, featuring Alex Lopez on guitar and saxophone, Mark Lopez on guitar, Juan Santana on bass, Alberto Diaz on vocals, and Johnny Salinas on timbales at Turquoise (873 Turquoise Street) from 9:00 p.m.–1:00 a.m. no cover… You can catch Gypsy Groove with Bianca Lara, Aaron Streate, Tim Griffin, and Jason Durbin at the Del Mar Fair (2260 Jimmy Durante Boulevard) from 5:30 to 7:00 p.m. Free with fair admission.
Sunday 22
The Peter Sprague Group, with Leonard Patton and Rebecca Jade on vocals, Tripp Sprague on reeds, Gunnar Biggs on bass, and Duncan Moore on drums are performing at the Village Community Presbyterian Church (6225 Paseo Delicias, Rancho Santa Fe) at 5:00 p.m. and it's free!


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MURRIETA -- The developer of a proposed 180-unit apartment complex that would be built on empty land south of Murrieta Hot Springs Road and east of Via Princesa plans to ask the Planning Commission tonight to recommend a zone change and general plan amendment that would allow the project.
Part of the nearly 11-acre site between Via Princesa and Calle del Lago is zoned for open space while another section is zoned for apartments and condominiums. The property is in the Murrieta Hot Springs area the city annexed in 2002.
The Newport Beach developer, Cameo Homes, is asking the commission to change the open-space zone to multifamily, which would allow up to 18 apartments per acre. Representatives with Cameo could not be reached for comment on the project Tuesday.
The commission is scheduled to meet at 6 p.m. today at City Hall, 26442 Beckman Court.
Mike Fitzpatrick, who represents the newly annexed area on the city's General Plan Advisory Commission, said Tuesday that he wants to know what effect the proposed apartment complex would have on traffic.
"Is it wise to put an additional 400 cars on Murrieta Hot Springs Road?" Fitzpatrick asked. "That's my concern."
The commission, which is charged with recommending revisions to the general plan, met with residents in April to get suggestions on how the city's growth should occur. At the time, several residents complained about driving in the area of Calle del Lago and Murrieta Hot Springs Road.
The apartment complex would include one-, two- and three-bedroom apartments in nine, three-story buildings. The proposal includes 180 covered parking spaces and 220 open parking spaces. Access to the apartments would be provided by two driveways off Murrieta Hot Springs Road.
The area zoned as open space was proposed to be developed as a park, but the city has since planned a larger park south of Calle Del Lago, according to city documents. The area is surrounded with duplexes, condominiums, apartments, an urgent-care center and the Murrieta Hot Springs resort.
While concerned about the traffic, Fitzpatrick said he believes the zone change makes sense. He said the split zoning does not put the land to good use and he believes the change, with the general-plan amendment, will clean that up.
The City Council approved an earlier proposal by Cameo to build a 492-unit apartment complex on 27 acres south of Los Alamos Road, east and west of Vista Murrieta Road. The city wanted Cameo to turn 15 percent of those units -- 73 apartments -- into low-income housing. In June 2003, the council agreed to allow Cameo to build low-income housing somewhere else in the city, rather than include it in the Los Alamos Road contract..
City officials say the low-income agreement probably won't apply to the 180-unit project before the commission.
"I think they have a third project for the low-income housing," Assistant City Manager Lori Moss said Tuesday.
Contact staff writer Laura Mitchell at (909) 676-4315, Ext.2621, or firstname.lastname@example.com.


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Following Saturday's 38-35 win over Georgia, Clemson is No. 4 in the first regular-season Associated Press Top 25 poll -- the program's highest ranking in that poll in 25 years. The Tigers received one-first place vote and have their best showing in the poll since Sept. 12, 1988, when they were No. 3.
Florida State is No. 10 after its Monday night win at Pittsburgh, a debut in which Jameis Winston somehow found a way to exceed the hype.
The ACC only has two teams ranked, but considering they're both in the top 10, that's all the conference needs right now. Clemson established itself as a legitimate national title contender on Saturday night, and Florida State unveiled a superstar at quarterback capable of having a magical season. Overall, it was a great start to the season for the conference. The ACC had a 9-3 nonconference record in Week 1 -- the only conference whose losses all came against Power 5 conference opponents, with two of those three setbacks coming to the nation's No. 1- and No. 6-ranked teams. In other words, they were respectable losses.
Miami, Virginia Tech, Georgia Tech and Virginia all received votes, but the Canes are the closest to cracking the poll. With a victory over the Gators this weekend, they'd have to be in.


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I don't agree. These companys are there to make a buck and their way to do it is to cut on certain things. You want everything buy it from a local hobby shop that will give you service and support after the sale (not all local shops do this though). If you want to order from a on-line shop there are one's that do offer some support and will take things back for warranty. Example, a person had a new 90mm Free Wing jet. It was available from a few different vendors. These were, among others, Hobby Lobby, Banana, and Hobby King. Hobby Lobby has phone support and does offer warranty returns. Banana is cheaper for the same exact airplane but you may or may not be able to get ahold of them on the phone and then who knows. Hobby King is a real wild card between their Hong Kong or US warehouse. I've had good luck but I realize every order is a crap shoot.
Anyway me and another ordered the similar 90mm Free Wing planes. I got it from Hobby Lobby, I paid a bit extra, about $45 for a $300 plane and it came in very well packed and not a single issue so as luck would have it I didn't need to worry about support or warranty. The other guy got his from Banana and it had a warpped vertical stab and after a few days of trouble shooting he fixed the problem with his navigation lights. He could have easily needed that warranty. Then there was a third person that wanted to save more money, he ordered the "kit" version of what I ordered PNP and ordered it cheaper from Banana. That way he could get the motor, electronics, and everything else from Hobby King and save more money. He got his months before me, figured out the electronics and ordered them. I got mine and after a couple hours it was ready to fly. I took it to the field and you should have seen the look on his face as he had wanted to be the first out with the new toy. Mine flew great first flight, absolutely no issues other than needing a bit more elevator throw. Two weeks later he got in his parts. Turned out the motor and fan were not right for each other so another order went out to try to be close to the stock set up. Another week and he got it out. He had put it together in a hurry and his throws and mixes were just not where I thought they should be nor anywhere near way worked for me. He had a hell of a flight and barely got it back on deck with only breaking a few things and destroying his nose retract.
So I'm still flying mine, the second guy is almost ready to go after fixing the numerous issues he had and the third guy is down as he can't find parts he needs (though he may only be looking at Banana and Hobby King).
So what am I saying. If you want to cut a corner buyer beware. The old saying has been around for ever. We get many many people on here that really should have done their home work. People seek me out almost every day at the field to help with stuff. Granted sometimes they are just too lazy to read the manual. Oh and the manual, there usually is one but unfortunately nowadays it's on the vendors or manufacturers web site...
I disagree totally that this makes companies dishonest. The term "Ready to Fly" as well as "Park Flyer", "ARF", "PNP", "Bind and Fly" are all relative. The person needs to research what they mean in any certain circumstance.
I don't want to bash banana hobby too much (I've bought planes from them before and they flew great), but they really need to clean up their website. At least they have some service unlike hobbyking where you are forced to use paypal claims.
One more thing I don't agree with is bananahobby being less expensive than more reputable hobby stores. Most of their planes are heavily marked up versions of what HK sells and some of them end up costing more than horizon hobby. Again the mini J-3 is a great example. $99 and it comes with a nimh battery and a horribly cheap fm controller. Sure the champ is smaller, but for $89 it's a much better deal.
Hello surfdoc. May I know your order number please?
You had also mentioned that you were not getting any type of response other than the servos jittering after plugging in the battery.
1. Make sure that the battery is fully charged.
2. Make sure that the ESC connection is secure to the motor connection.
3. Make sure that the copper terminals that you had connected onto the receiver are facing upwards.
4. Make sure that the throttle stick and trim is in the lowest down position.
5. Power on the transmitter.
6. Power on the aircraft.
If that fails, please try to rebind your radio system and if it is still unsuccessful afterwards, please try to reprogram the ESC.
Please let me know if you are getting any type of response after trying all of that.
True but that $99 J-3 with a "controller" may be a better deal for another person.
Not to get back on the soap box but R/C is no where near the only thing like this. The OP, board certified in two specialties, I'm sure can relate to truth in advertising within his area of expertise. I on the other hand hate to figure out medical bills and codes.
I have expertise in R/C and before I buy I research. Part of that if I was new to the hobby would be asking people that have the product I'm interested in and about the store I'm giving my cash to. In my example above that is why I picked getting my product from a vendor other than Banana.
Now that this has been moved to the vendor forum I think we should back off and let Pete and his company help the OP. Knowing what I know of Pete he will.
Pete seems like a good guy and I enjoy watching his youtube videos once in a while. I hope if Pete reads this thread, he will take my comments as constructive criticism. My intention wasn't to put him or the company down. Bananahobby has improved exponentially from just a few years ago and I'm sure this trend will continue.
Anyway that's my last post here, I hope the problem gets cleared up quickly.
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How To Find Out Why you are not appearing in find people search list in twitter
By Rile at February 25, 2010 | 10:00 pm | Print
Have you just joined twitter and you are wondering that why you are not appearing in find people search list.It could be because you are not included in all users index list could be one of reason.
Otherwise there could be few other reason if a search for your username in Find People currently returns no results.
Because your account is less than 24 hours old. It can take up to 24 hours to be indexed into Find People.
Or maybe you have no followers. Currently, you must have at least one follower in order to be indexed in Find People.
Or there could be another reason for this is ,your account has not met Twitter Search quality guidelines.
If your recent Tweets do not appear in Twitter Search, your updates may have been filtered for quality reasons, and you may also not be appearing in Find People.
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Hey There. I found your blog using msn. This is a very well written article. I will make sure to bookmark it and return to read more.How to convert existing RSS feeds and display the full feed on your website | Visionwiz . Thanks for the post. I will definitely comeback.


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A senior US administration official has said it would be "very hard", though still possible, for six world powers to reach an initial nuclear deal with Iran in talks in Geneva.
"I think we can (get a deal), whether we will, we will have to see because it is hard. It is very hard," the official told reporters after talks between the six and Iran resumed in the Swiss city.
The official also said that the vast majority of sanctions on Iran would remain in place after any preliminary accord on limiting its disputed nuclear programme, and that Washington would "vigorously" implement them.
The five permanent UN Security Council members plus Germany are meeting with Iran to negotiate a deal that would lead to the freezing of some sensitive parts of Tehran's nuclear program.
That would be in exchange for temporary relief from international sanctions that have crippled the Iranian economy.
It is the third round of Iran negotiations in Geneva since October.
"These negotiations are difficult," the official said. "They are tough. There are moments of tension. There are moments of even humour, occasionally."
Responding to US and Israeli critics of the proposed sanctions relief for the Islamic Republic, the official said the proposed relief on offer to Tehran is "quite small."
The proposed measures would include allowing Iran access to some frozen funds in overseas accounts in instalments, the ability to trade in some precious metals and a possible temporary lifting of pressure on countries not to import Iranian oil.
The official said that it would be best for public figures in Iran and the United States to refrain from rhetoric that deepens the mistrust between the two estranged nations, which have not had diplomatic relations since 1980.
The US, Russia, China, France, Britain and Germany came close to winning concessions from Iran on the scope of its nuclear work in return for some sanctions relief at negotiations in Geneva earlier this month.
But diplomats caution that differences remain and could still prevent an agreement during the talks over the next three days.
The last meeting, which ended on 9 November, stumbled over Iran's insistence that its "right" to enrich uranium be recognised.
There was also disagreement over its work on a heavy-water reactor near Arak, which could yield plutonium for atomic bombs once it becomes operational.
Iranian Foreign Minister Mohammad Javad Zarif has since indicated a way around the first sticking point, saying Tehran has the right to refine uranium but is not insisting others recognise that right.
A UN nuclear watchdog report last week showed Iran had stopped expanding its enrichment of uranium and had not added major new components at Arak since August, when moderate Hassan Rouhani replaced hardliner Mahmoud Ahmadinejad as president.
Mr Zarif said on the eve of the meeting there was "every possibility" of a successful conclusion provided there was good faith and the political will among all involved to resolve problems.
Mr Obama sounded a more cautious note, however, saying it was unclear whether the world powers and Iran will be able to reach an agreement soon.
"We don't know if we'll be able to close a deal with Iran this week or next week," he told a Wall Street Journal forum.
The talks are expected to resume with a meeting between Mr Zarif and European Union foreign policy chief Catherine Ashton.
Western governments suspect Iran has enriched uranium with the covert aim of developing the means to fuel nuclear weapons, a charge Tehran denies.
Refined uranium can fuel nuclear power plants - Iran's stated goal - but also provide the core of a nuclear bomb, if enriched further.


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Fed Chair Ben Bernanke called for banking supervisors to pay "close attention" to compensation practices as they examine the soundness of financial institutions.
The Associated Press reports Bernanke made a speech to "community" banks in Phoenix, Ariz. today.
Bernanke, who will appear before Congress on the AIG flap next week, didn't mention any companies by name in his speech. He made a fresh pitch for an overhaul of banking regulations to prevent another financial crisis like the one gripping the U.S. and other countries worldwide.
Regulatory gaps need to be closed, he said. Regulators must make sure financial companies have a sufficient capital cushion against potential losses.
And Congress must enact legislation so that the failure of a huge financial institution can be handled in such a way to minimize fallout to the national economy -- similar to how the Federal Deposit Insurance Corp. deals with bank failures. Such "too big to fail" companies must be subject to more rigorous supervision to prevent them from taking excessive risk, Bernanke said.


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A very Happy New Year to all of you.
I echo what GG said above; its been a great year on the trail with all of you. As a cowboy would say, "would ride the river with you again"...highest compliment for his saddle pardners he rode with on the trail.
Thanks to QB for letting us saddle up together, thanks to Honchey for guiding us through the FWQ and and the PC trail. Its been quite a ride, and I'd do it again with the same group in a NY minute. May you all be blessed in the New Year with happiness and good quilting!! See you all next year....in 2013!!


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Ebusiness Barriers to Growth Within the SME Sector
The development of Ecommerce within Small and Medium Enterprises (SMEs) in Wales is restricted by a number of barriers. Various projects initiated by government and academic bodies exist to assist SMEs overcome these barriers. However, whether these projects represent the needs of SMEs is debatable. The opportunity for SMEs to ...Download Now
The Three-Quarter Moon: A New Model for e-Commerce Adoption
One of economic development main drivers is technology. Technology adoption usually results in rapid economic growth, and rapid economic growth is usually accompanied by rapid structural change. It is now widely accepted by policy makers, enterprises and society at large that Information and Communications Technologies (ICT) are at the centre ...Download Now
Small and Medium-Sized Enterprises, Banking Relationships, and the Use of Venture Capital
The authors use a dataset for Small and Medium-sized Enterprises (SMEs) in Italy, Germany, and the UK to formulate and test hypotheses about the determinants and performance effects of venture capital. Central to their empirical analysis is the focus on the strength of the bank-firm relationship and how this affects ...Download Now
Analysis of the Dominant Enterprise Information Assurance Mechanisms
This paper is to analyze current data continuity mechanisms employed by the target group of businesses and to identify any inadequacies in the mechanisms as a whole. The questionnaire responses indicate that 47% of respondents do perceive backup methodologies as important, with a total of 70% of respondents having some ...Download Now
Developing Agricultural B2B Processes Using Web Services
In this paper, the authors to develop a business-to-business processes of electronic markets using Web services in order to facilitate the execution of these processes in different electronic markets. The main contribution of this approach is the promotion of interoperability, just-in-time integration, and reduction of complexity. In specific, the Cooperation, ...Download Now


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T.J. Ford would not confirm the news, but the expression on his face told the story.
The Raptors point guard knew he was about to become about $33 million U.S. richer yesterday at practice, but wouldn't spill the beans because the official release hadn't come out yet.
"Got to make it a little interesting, a little fun," Ford said as he broke out into a wide grin.
The real fun for Ford came when he signed a four-year extension (the final year is a player option and each year contains a salary of $8-9 million US) later in the day. If Ford hadn't signed by midnight, he would have become a restricted free agent next off-season. The payout is just below the extension signed yesterday by Chicago Bulls point guard Kirk Hinrich (about $9.5 million annually for five seasons), but above Seattle SuperSonics point guard Luke Ridnour ($6 million per season for three seasons).
"It will be a good thing just knowing I'll be here for some more years," Ford said. "With the great group of guys we have, we're just looking forward to building (into) a championship team. I'm quite sure it will turn out pretty good.
"I want to be one of the best point guards in the NBA and that's my main focus, no matter what my pay may be ... My ultimate goal is to continue to have the legacy I've been having throughout my career also in the NBA."
The signing of Ford also was expected to lead to the Raptors picking up the $2.5 million option on forward Kris Humphries for next year late last night. With those moves made, the only core player on the roster without a contract for next season is free-agent-to-be Morris Peterson.
Ford and star Chris Bosh now have the same contracts length-wise, linking the T
exas duo together in the rebuilding process.
One of the big question marks about Ford is his jump shot. It was pointed out to Bosh that he could have a better three-point shot than Ford. "We'll have to make a bet on that," Bosh said. "It's a bit of a tossup right now."
However, the speedy Ford's inconsistent shot does not concern Bosh. As he noted yesterday, a point guard's ability to knock down long-range shots isn't the deciding factor in determining whether a team is successful. Last season, point guard Mike James' strong three-point shot wasn't a difference maker in the standings.
"We've had plenty of three-point shooters here and that hasn't worked yet," Bosh said.


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Tony's Favorite Denise Milani Facebook Pics
There's no denying the fact the Denise Milani is one of my favorite hot chicks featured on the Banana website, besides my girlfriend of course. I also can't deny stalking Denise Milani's Facebook page daily. Here are some of my favorite pics pulled from her Facebook page.