WASHINGTON (AFP) - President Joe Biden on Friday (Oct 8) signed a law providing financial support for victims of mysterious headaches and nausea suffered by US diplomats in what has been dubbed the "Havana Syndrome."
The Havana Act provides financial compensation for members of the State Department and CIA who suffer brain injury from what US officials suspect may be directed microwave attacks.
Dozens of cases have occurred at US embassies around the world, starting with a cluster in Havana, Cuba. The cause of the illnesses has not been fully diagnosed and the identity of the attacker, if there is one, has not been revealed.
"I want to thank Congress for passing it with unanimous bipartisan support, sending the clear message that we take care of our own," Biden said in a statement.
"Civil servants, intelligence officers, diplomats, and military personnel all around the world have been affected by anomalous health incidents. Some are struggling with debilitating brain injuries that have curtailed their careers of service to our nation."
Republican Senator Susan Collins, lead author of the law, said in a statement that "Havana Syndrome" illnesses have struck more than 40 US staff in Cuba, starting in 2016 and dozens more elsewhere, including some reportedly on US soil.
A member of CIA director William Burns' team had similar symptoms in India this month, during a trip there by the intelligence chief, according to US media reports.
Two US officials in Germany were also among the recent victims and the New Yorker reported that there have been dozens of cases afflicting US officials in Vienna, Austria, alone.
Collins said the new law would give those suffering assistance.
"Far too many 'Havana Syndrome' victims have had to battle the bureaucracy to receive care for their debilitating injuries," she said.
"For those victims, the Havana Act will ensure that they receive the financial and medical support that they deserve. It also affirms our commitment to making sure that our government finds out who is responsible."


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Licensed to practice law in Georgia, Florida, and the District of Columbia, Mr. Keener has specialized in car accidents, workers compensation and other injury... more
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Company in Guernsey
Guernsey is a British dependence on the English Channel, which means that Great Britain deals with the defense and foreign affairs, while internal affairs deal with local affairs. The island is inhabited mainly by Guernians and British. The capital is Saint Peter Port. Guernsey provides an entity with appropriate services operating on its territory: to the Island which is not subject to corporation tax, inheritance or VAT. Therefore, more and more often investors decide to establish company in Guernsey.
Guernsey was on the list of countries and territories applying harmful competitive tax dated May 16, 2005, prepared by the Ministry of Finance. However we will not find Guernsey on the list anymore, because services are available for certain concessions signing in Poland with two contracts in 2013: one on a unique double taxation rate in the operation of maritime vessels or aircraft in collective transport, and the other in on the unique double taxation of categories of different persons. The LPP company has a separate legal personality and full legal capacity, which may have assets, and its undoubted advantage is its operation. The LLP company should be composed of at least two members. It is required that the structure of availability of the holder of the agent resident at Guernsey (Resident Agent).
It should be emphasized that all documents are not publicly available, and thus establishing a company in Guernsey does not work with the mandatory disclosure of the underlying principles governing relations between partners.
A company in Guernsey
To open company in Guernsey application as to formulating links in order to establish a company in Guernsey and its nature is required, according to the selection of the most advantageous application using:
- limited liability company,
- unlimited liability company
- a limited partnership,
- a separate portfolio company,
A subsequent transformation of the company is possible. In Guernsey, there is no distinction between private and public companies.
Establishing company in Guernsey
Company formation in Guernsey requires you to choose a company name that cannot be misled or used. The name may also include the name of the founder.
The articles of association specify its status (management regulations and company procedures as well as rights related to participation) and basic information, such as: name, legal form of activity, details of each partner (name, surname and address) together with the total part of the rights held. The articles of association are not publicly available, so they provide privacy services. Company founding documents should include registration along with registration and registration applications that must be signed by a licensed corporate service provider. Registering a company in Guernsey may takes 24 hours, and for an additional fee only 2 hours or 15 minutes from preparing the application, so fewer decisions decide to buy a company in Guernsey, because the process company registration in Guernsey is relatively fast.
Taxes in Guernsey
At Guernsey, a law was adopted introducing a single income tax system for the entire business sector. Companies currently subject to 0% tax with the exception of general investment services, various regulated enterprises (e.g. Banks), public regulated companies, and Guernsey real estate income companies. In Guernsey, there is no inheritance tax, capital services and tax on services and services. For these reasons, company registration in Guernsey is so attractive.
Purchase of a company in Guernsey / ready made company in Guernsey
The purchase of a company in Guernsey is offered with facilitation services due to the formalities already required. A ready made company in Guernsey available for immediate start. You can open business in Guernsey it can take less than a week, so buying a company in Guernsey is less popular.


There are a lot of reasons to hate eDiscovery, I suppose. Personally, I don’t truly understand the attorneys who avoid it like the plague. You’re never going to understand it if you don’t do it, and you’re giving up on a lot of potentially important information by refusing to use it.
On the other hand, I kind of get it. This isn’t the law you were trained to practice (or some other similar BS). To you, adding eDiscovery makes everything in your case one layer more difficult.
The problem with that position is that it’s not just annoying, it’s downright ignorant. First, I don’t care that eDiscovery isn’t something you started your practice with. For many of you, neither were computers. You use them now though, so what’s the problem? Second, there’s a reason why it adds a new layer of information – because we’re now keeping that information!
But here’s the biggest thing – if you’re unwilling to engage in eDiscovery, you’re going to be completely unable to perform your role as an attorney. Why? The Internet of Things, that’s why.
What is the Internet of Things?
There have been far too many excellent descriptions of the internet of things for me to really get into it here (and I just don’t feel like writing this post until 5AM tomorrow morning). I’ve linked to a couple of them, so if you’re really curious, check them out.
As a summary, though, the Internet of Things is essentially what it sounds like: your things, connected to the internet. An example? Your Nest Thermostat, which tracks your heat and air conditioning use, and then through a complex algorithm, optimizes your home’s heating and cooling systems based on the inputs.
One item that I’ve discussed at length is the Smartwatch. Whether it’s the high-end Apple Watch or the relatively low end (and still absurdly expensive by comparison) Fitbit, they track your health to help make you… healthier.
But they can’t do much, from tracking your use of Uber to analyzing how safely you drive for your insurance company, without taking data you create and processing it. They’re looking for trends, whether to be more helpful or to make more money.
What does the Internet of Things have to do with eDiscovery?
Honestly, if you actually just asked that question, you might need to go to some ethics CLEs. Now.
Ok, so that’s not entirely fair. Particularly with the headline I gave to this article.
A lot of lawyers consider eDiscovery to be a royal pain in the ass. It’s been made that way by the exact same type of litigants who have made every part of litigation a pain in the ass over the last 30 years – large corporations. They’ve used every tool at their disposal – hiring excessive numbers of experts, ensuring litigation lasts forever, and denigrating the jury system – to make sure that they’re the only ones who can afford it.
They’ve done that with eDiscovery. It can really suck when the weasels of the system control it. But no matter where you stand on how we got here, we’re here. You need to be competent in eDiscovery. If you’re not, you will be obliterated by the Internet of Things. In the event I’m not being clear, I’m flat out saying that you will not be able to ethically serve your clients. Period.
1) You won’t know what data exists in the Internet of Things, much less how to use it.
In order to ask for something in discovery, or properly respond to a request, you have to know whether or not something even exists. This can be complicated even now, particularly with discovery of social media.
Yet not knowing what data exists in social media can be devastating to your case. Furthermore, even if you’re familiar that it exists, do you know how to use it? Do you understand what all the metadata in a Tweet really says? No.
The Internet of Things takes that to a new level. Do you know that your car tracks where you go? Do you know that the opposing party’s garage door opener tracks when he leaves? How about what types of commands are being taught to your kid’s Google Bear?
If you don’t know what data exists, you’re unprepared to adequately advise your client about its potential impact on litigation or any other legal matter. You’ve put your client at a disadvantage, solely due to your own refusal to understand.
2) You won’t know how to get the information.
What do you do when you know information exists, but the other party refuses to produce it? Well, if it’s solely under that person’s control, you’re stuck with a motion to compel. But if it’s something like their cell phone records, you have the wonderful Rule 45 subpoena.
Have you ever tried using that to get information from Facebook? If you have, you might be familiar, then, with the Stored Communication’s Act.
While much of the question about the data’s availability will come down to what type of business the company is in (communications service vs. remote computing), the Internet of Things brings an entirely different question: ownership.
Who owns the data they collect? Is it the user or the company? If it’s the user, then you shouldn’t even need a subpoena, right? (Conversely, if the user owns the data, you’d be obligated to retrieve the data.) What if it’s the company? Do you need to issue a subpoena? Does anyone even have a right to access the data?
Refusal to participate in eDiscovery won’t make those questions go away. However, it will ensure that when those questions are asked, you won’t have the answer. More importantly, you won’t be able to factor the answers into your litigation plan or the contract you’re drafting. If you’re in-house counsel, you’ll be unable to adequately prepare your company for the costs of discovery.
3) You won’t be able to determine what data is relevant.
Look back at the idea of Twitter metadata for a minute. You know what Tweets are (or at least you’re pretty sure), but you had no idea they contained all this information! You know that the contents of the Tweet are an admission by the opposing party, but you don’t know what “geotracking” means. Ok, you asked your daughter, and she told you.
But you’re not willing to take it any further than that. So you’ll go ahead and ask for the information in discovery, and see what happens. Ok, the other side has responded that none of the information responsive to your request is relevant to the case, and therefore not discoverable.
You don’t understand! They’ve all but admitted they have this data, why not turn it over?
Ah, see that’s what your refusal to learn about new things gets you. Twitter, or Facebook, or even email is a collection of data that is entirely based on user inputs. In other words, it’s a digital preservation of human (sort of) interaction.
That’s not the case with the Internet of Things. Thanks to the FTC’s unwillingness to even consider regulating the industry, and thanks to the relative youth of the industry in general, there are no universal standards. Data is kept in all different forms, and in different places.
But most importantly, may not be kept until after the data has been irreversibly changed. You see, the Internet of Things is based on taking your human inputs, and then based on that data, producing a response. Whether it programs your thermostat for when you’re home or turns on the TV every time you say “Goonies Never Say Die,” the essential information is really an altered form of what was input by the user.
Can that information be relevant? Can it be competent? Does the manipulation of the data destroy the ability to use the information? If you don’t have some idea, how can you possibly advise your clients?
4) Oh yeah, everything you hated about eDiscovery is still an issue, too.
Yeah, so if you hated eDiscovery before the Internet of Things, there was probably a reason. You probably hated something about the way it works, the duty to preserve, litigation holds, proportionality, cost-shifting, blah blah blah.
All of that stuff? It’s still around. On the other hand, thanks to those corporations that I was discussing earlier, there’s been a massive push to re-write the Rules of Civil Procedure regarding eDiscovery. Yep, you don’t even have much in the way of case law to know exactly how a court is going to handle various eDiscovery matters!
Great news, right!
Image courtesy of Ambro, FreeDigitalPhotos.net


Barbara Kimmitt is an experienced lawyer and mediator with over 25 years of experience in Wills, Estates and Trusts matters, including in complex disputes. As a mediator, Barbara helps her clients resolve their estate disputes outside of the courtroom. She is consistently recommended by The Canadian Legal Lexpert Directory in the area of Estate & Personal Tax Planning.
Barbara assists clients with personal estate planning, including the preparation of Wills, Enduring Power of Attorneys, Personal Directives, and planning relating to business succession. Barbara advises clients in the preparation of trusts for estate and tax planning purposes. She assists trustees in applications to pass their accounts, and represents beneficiaries and/or trustees in applications for the advice and direction of the court, or for orders to vary or terminate trusts.
Barbara frequently advises clients who are personal representatives of simple or complex estates, including estates involving cross-border considerations, or contentious matters. She also represents beneficiaries of estates or trusts, and advises with respect to the rights of beneficiaries and the obligations of personal representatives and trustees. Barbara has appeared before the Alberta Court of Queen's Bench, the Alberta Court of Appeal, administrative bodies and in various alternative dispute resolution proceedings. She has participated in numerous mediations and has guided clients to solutions and settlements in a variety of disputes relating to estate litigation. Barbara has also completed the Mediation and Conflict Management course with Harvard Law School.
In addition to her practice, Barbara has participated in many experts table meetings with the Alberta government for the development of law relating to Wills, Estates, and Trusts. She is currently a member of the Surrogate Rules Committee, which is an Advisory Committee established to make recommendations regarding the rules of court and court forms relating to surrogate (estate) matters. She is past chair of the Canadian Bar Association, Alberta South, Wills & Trusts, and has held every position on the executive of that section. She has been an adjunct professor of the Wills course at the University of Calgary Law School, an instructor of the certified financial planners course and an instructor of the Bar Admission course and Canadian Centre for Professional Legal Education (CPLED). She has given numerous presentations to the Legal Education Society of Alberta, the Society for Trusts and Estate Practitioners, and the Canadian Bar Association. She is also a long-time member of the Society of Trusts and Estate Practitioners.


Many documents require a signature verification by a notary public. But if you’re social distancing, going to the bank or your lawyer’s office is not something you want to do. But there’s an app for that: It’s called remote online notarization (RON). It is not clear, yet, whether this workaround will apply to the notary requirement that some states have for voting absentee. [Missouri’s secretary of state, for example, says that remote online notarization will NOT apply to ballots.]
In response to the coronavirus emergency, numerous states have put in place emergency measures that eliminate the requirement that documents be signed in person in the presence of a notary public. The details differ from state to state, but the intent is the same: to allow people to fulfill various signature requirements without breaking the social-distancing barrier.
RON is a major departure from tradition, and some notaries and government institutions were, initially reluctant to accept it. But with the problems presented by the coronavirus pandemic, that opposition has mostly dissipated, especially now that that face-to-face contact can be satisfied online using audiovisual technology such as a webcam. The signer can be in another town, another state or even another country.
How does a remote notary confirm a signer’s identity without being able to hold and examine an ID? One of the safeguards includes asking for knowledge-based authentication—known as KBA—in which the signer must correctly answer a set of computer-generated questions related to their life, and credit and financial history. If the signer cannot successfully pass the KBA, the notary will not perform the notarization. Another, simpler method to confirm the signer’s identity is for the signer to hold their ID up to the camera, allowing the notary to check that the signer looks like the person on the ID and that other details match the information on the ID.
A recent article published by the National Notary Association (NNA) gives the details of how it’s done, state by state. Some have allowed RON for several years; others are new to the game; some are allowing RON only for a limited time period during the pandemic. A map on the NNA website indicates that almost every US state authorizes some form of remote notarization.
On a broader scale, US Senators Mark warner (D-VA) and Kevin Cramer (R-ND) recently introduced an act that would authorize remote online authorizations nationwide.
It’s just one more way that America is changing as a result of the pandemic of 2020.


You need a fishing license if you are 16 years old or older and fishing for freshwater fish. The frog species can be speared, caught with the hands or with a club. Fishing licenses are valid for one year from the date of purchase. You may renew your license at any time during the year.
Table of Contents
How old do you have to be to get a fishing license in NY?
If you’re 16 or older, you’ll need a valid fishing license in new york if you want to catch freshwater fish, frog or freshwater baitfish. A license allows you to take fish by a number of methods, including angling, spearing, hooking, longbow, fly-fishing, snorkeling and scuba diving.
New York State Fish and Wildlife Conservation Commission (NYSFWC) licenses are issued by the NYS Department of Environmental Conservation (DEC) and are valid for one year from the date of issuance. You can apply for a license online, by mail, or in person at your local DEC office.
How much is fishing license in New York?
Annual Fishing License: $25.00. A 7-Day Fishing License is required. Fishing License Fees for New York City Residents and Non-residents: $10.50 per day for residents and $5.25 per night for non-resident. the following fees are not included in the annual fishing license fee: Commercial Fishing Permit (F.P.A.) – $100. Annual License Renewal Fee (L.R.D.F.): $50.
Additional fees may be charged for the purchase of bait, tackle, and other fishing equipment. For more information, please contact the Department of Environmental Conservation (DEC) at or visit DEC’s website at www.dec.ny.gov/fish/fishing/index.html.
How many rods can you fish with in NY?
In new york, you can have three rods instead of two. A fisherman’s chances of catching a larger fish will increase if they are able to use an additional pole. Anglers are allowed to take up to two rods and one line in lakes and ponds. In rivers and creeks, fishing is limited to a maximum of one rod per angler.
What is the fine for fishing without a license in NY?
Penalties for violating new york state’s fishing or hunting laws range from $0 to $250 and up to 15 days in jail and/or a $1,000 fine.
How much is a fishing license at Walmart in NY?
A single-day license for a resident or non-resident – $11. Non-residents are not required to purchase a license, but are encouraged to take advantage of the many opportunities to fish in the state.
Does Walmart sell fishing license in NY?
Is It Possible To Get A Fishing License At Walmart? Yes! It is possible to purchase a fishing license at a Walmart store in the United States. First, you will need to have a valid driver’s license. If you don’t have one, then you can get one for free at your local DMV office.
Second, if you are going to be fishing in a state that does not require a license, it is recommended that you purchase your license before you go to the store. This will allow you to get the most out of your fishing experience.
The average cost for a day’s fishing is about $5.00 per person, and the average price per pound of fish is around $1.50. For example, in Alaska, the cost to fish for one day can be as low as $0.25 per fish, while in Hawaii it costs $2.75.
In addition, some states, such as California, require that all fishing licenses be purchased at the same time.


Basis of Inherited Property (Community and Non-Community Property)
The basis for inherited property is generally "stepped up" to the FMV of the property on the date of the decedent's death, and treated as a long-term holding period for the new owner. The executor can elect to utilize the "alternate valuation date (AVD)" after the death, if they wish to do this. The AVD allows the estate to pay taxes on the value of the assets six months after the date of death.
Alternate Valuation Date (AVD) requirements:
- Total value of the gross estate must decrease by using the AVD.
- The amount of the estate tax must decrease by using the AVD.
- Proper AVD election must be made on the estate tax return.
Death Bed Gifts Exemption:
Todd gifts stock to his grandfather with a FMV of $10,000 and an adjusted basis of $3,000. If grandfather dies within one year of the gift and passes the stock back to Todd by way of inheritance, Todd does not get the "step up" to FMV, he has to retain his original basis.
What happens to the basis for jointly held property?
Property held jointly receives a "step up" to FMV for the portion of the property that belonged to the decedent.
Property held jointly receives a "step up" in basis to FMV on both halves at the death of the first spouse.
Sample Questions 1 - 5
TaxesThe tax implications of an inheritance can be complex. Here's what beneficiaries need to know.
Financial AdvisorInheritance is a double-edged sword, as leaving money can create estate tax burdens. Opting for a life insurance plan can help mitigate those burdens.
InvestingThe amount of a property tax bill is based on the property’s value, the exemptions it qualifies for, its use and the local property tax rate.
TaxesIt's tempting to ditch them. But make a practice of this very specific group of tax papers. It can save headaches and pay off in tax savings.
TaxesInheritance taxes can be tricky. Most people have to deal with them at a very inconvenient time. It's better to learn the laws now so you're ready later.
RetirementMany people try to avoid this process altogether, making things difficult for heirs.
TaxesChanges to federal legislation will affect how your assets are treated once you're gone - be prepared.
InvestingFind out how best to claim and convey ownership on your assets.
TaxesBeing a landlord can be taxing, especially when you want to sell. Find out how to reduce your burden.


Attorneys at Law- Serving Hampshire and Hampden County
Parker and O'Grady is a law firm that specializes in taking the pressure out of the legal necessities of everyday life. With a wide range of legal experience, Parker & O'Grady assists clients with virtually all of their legal needs. Our offices are conveniently located in Southampton and Springfield. real estate transactions estate planning elder law business representation personal injury municipal law, zoning and real estate development civil and criminal litigation in all courts
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MARIS, Circuit Judge.
The plaintiffs, minority shareholders of Missouri-Kansas Pipe Line Company (hereinafter called Mokan), brought a stockholders' derivative suit in the District Court for the District of Delaware. An additional minority stockholder intervened upon the first cause of action alleged in
The defendants moved to strike or dismiss the complaint. The court denied this motion. The defendants then moved for summary judgment and filed affidavits in support of their motion. The plaintiffs moved for leave to inspect certain designated books and records of Mokan under Civil Procedure Rule 34, 28 U.S.C.A. following section 723c. Later the plaintiffs amended their motion and prayed that the motion for summary judgment be denied or in the alternative that a continuance be granted to permit the plaintiffs to obtain affidavits and take depositions of the defendants Maguire and Tringham and of Mokan's attorneys Logan and Hand and have discovery as provided by Civil Procedure Rule 56(f). The court denied the plaintiffs' motion but, with the consent of the parties, appointed an accountant to examine Mokan's books and records and to file the results of his examination in the form of an affidavit. After the examiner's report was filed the court entered summary judgment and dismissed the suit without a trial for the reasons set forth in its opinion. 41 F.Supp. 334.
It is now well settled that summary judgment may be entered for either party if the pleadings, depositions, admissions on file and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Civil Procedure Rule 56. Stated conversely, a substantial dispute as to a material fact forecloses summary judgment. McElwain v. Wickwire Spencer Steel Co., 2 Cir., 1942, 126 F.2d 210; Miller v. Miller, 1941, 74 App.D.C. 216, 122 F.2d 209; Whitaker v. Coleman, 5 Cir., 1940, 115 F.2d 305. Upon a motion for a summary judgment it is no part of the court's function to decide issues of fact but solely to determine whether there is an issue of fact to be tried. Ramsouer v. Midland Valley R. Co., D.C.Ark., 1942, 44 F.Supp. 523. All doubts as to the existence of a genuine issue as to a material fact must be resolved against the party moving for a summary judgment. Weisser v. Mursam Shoe Corporation, 2 Cir., 1942, 127 F.2d 344.
In their bill of complaint the plaintiffs set forth five separate causes of action which they alleged Mokan had against the individual defendants. The court entered summary judgment for the defendants upon all five causes of action. Upon appeal the plaintiffs have tacitly abandoned two of the causes of action by restricting their arguments to the remaining three. We accordingly restrict our consideration to these three causes of action. As to each of them the same question must be asked — was there a substantial dispute as to a material fact, which, if resolved in favor of the plaintiffs, would entitle Mokan to recover from the defendants. Upon two of these causes of action we think the reply must be in the negative and that the entry of summary judgment thereon was proper. This is true as to the claim that the defendant Maguire received double commissions in 1930 without the knowledge of Mokan. The records clearly disclose that Mokan knew of the double commissions, that the commissions were not for the same services and that two courts of competent jurisdiction passed upon the matter adversely to the plaintiffs' present claim. This leaves no material fact for relitigation. The same is true as to the amount of the commissions paid to Maguire for his 1930 services. Those amounts were arrived at by settlement and arbitration. There is absolutely nothing in the record to sustain the plaintiffs' claim that the settlement was coerced or the arbitration fraudulent. Nor is there any genuine issue as to a material fact involved in the claim that in March, 1938, Maguire procured the issuance to W. E. Maguire & Company of certificates for 19,000 shares of Mokan stock upon an affidavit that the originals had been misappropriated, stolen, lost or destroyed, which affidavit was knowingly false, and that Maguire used his position of domination and control of Mokan to cause Mokan to enter into an agreement to indemnify the transfer agent against any loss connected with the transfer. The affidavit of Maguire is to the effect that 14,000 of the original shares have been cancelled and that certificates for 5,000 of the new shares are on deposit with the secretary of Mokan pending a suit by the holder of the original shares under an agreement by Maguire to cancel the new shares if he loses that suit. It would, therefore, appear that no possible damage can be sustained by Mokan as a result of the issuance of the 19,000 new shares, and that there is nothing left to try as to this cause of action.
This brings us to the remaining cause of action to which all parties refer as the
The defendants filed no answer to this cause of action, but, as previously stated, moved for summary judgment in their favor upon it. The defendant Tringham filed an affidavit and exhibits in support of the defendants' motion for summary judgment upon this cause of action. He recited therein that Mokan had been in receivership, that several matters had arisen prior to and during the receivership which required the employment of counsel, that upon the partial termination of the receivership Mokan assumed the conduct of these matters, specifically, the defense of a claim by Mayo for 54,000 shares of Mokan stock and of a claim for expenses of an ancillary receivership in Illinois, the prosecution of anti-trust cases against Cities Service Company, Columbia Gas, Columbia Oil, a claim against Frank P. Parish for mismanagement of Mokan prior to receivership and an action against Hillman Land Company; that 50% of the dividends received from Panhandle was applied to the repayment of a debt of $1,100,000 which has been paid in full; that the reserve account was set up upon recommendation of two auditing firms, adopted by the board of directors and approved at stockholders' meetings and was not intended to and did not conceal any expenses or disbursements; that the expenditures for legal and other expenses charged to reserve, were in all cases approved by the board of directors and by the stockholders at the annual meetings, of which notice was given to all stockholders; that the same is true of the administrative expenses; that the activity of Mokan's officers and attorneys caused an increase in Panhandle's earnings; that the management of Mokan has struggled to free Panhandle from the Columbia Gas system; that 105,000 shares of stock were paid by Mokan for services and 39,066 shares were transferred to Mayo, as trustee, in settlement of his suit for 54,000 shares, the settlement having been made on advice of counsel and approved by the board of directors and the stockholders; that the attorney for the plaintiffs was given such information as he requested; that neither the plaintiffs nor intervening plaintiff appeared at the annual stockholders' meeting of 1939; that neither the plaintiffs nor the intervening plaintiff raised any question with respect to the balance sheets and reports mailed to the stockholders for 1938 and 1939 at either of the annual meetings nor did they demand at these meetings that Mokan bring an action based upon the causes alleged in the bill.
The plaintiffs sought by their motions for discovery under Civil Procedure Rules 34 and 56(f) to secure the court's consent to make an examination of Mokan's books and records and an examination under oath of Maguire, Tringham, Hand and Logan, because of their familiarity with the various expenditures. The court deemed the discovery method inadvisable. In lieu thereof it appointed Harry Margolis, an accountant, to examine Mokan's books and records. The Margolis report covers the period between October 1, 1937 and December
We think that even after the Tringham affidavit and the Margolis report a number of questions of fact, most material to the ultimate right of recovery, remained unanswered. Without attempting to be exhaustive we shall refer to a few of these in order to indicate the basis for our conclusion that the plaintiffs are entitled to proceed further with their cause of action for an accounting.
Purchase of Panhandle Stock by Mokan. Mokan purchased 15,149 additional shares of common capital stock of Panhandle Eastern Pipe Line Company for $671,546.74, or an average cost of $44.32 per share during the fiscal years 1939 and 1940. Of these 11,888 shares were purchased in the fiscal year 1939 at a cost of $531,109.29 or an average of $44.67 per share. The minutes of the corporation disclose that the defendants Tringham and Maguire were authorized to exercise 15,000 warrants to subscribe to Panhandle common stock at $25 per share. Referring to the purchase of this stock the district court said "$671,546.74 went to the purchase by the company of 15,149 additional shares of the common stock of Panhandle, bringing its holdings in that company up to 42 per cent of that company. These expenditures were the result of an exercise of judgment by the board of directors. Not only do I find nothing to indicate it was improvident but it is abundantly clear that it was for the benefit of and for the best interests of Mokan." It does not appear how the court reached the conclusion that the board exercised its judgment as to the purchase of the stock in the absence of a resolution by the board authorizing the purchase. Nor does it appear upon what basis the court concluded that the payment of $44 per share was justified by an authorization to exercise warrants at $25 per share. The allegations of the plaintiffs that the over the counter sales during 1939 reached a high of 46 and a low of 34-¾, or an average of less than $41 per share, raise a material issue of fact. It is clear that there is a substantial dispute of fact as to whether the purchase was authorized at the prices actually paid.
Columbia Gas Case. The plaintiffs claim that the individual defendants, especially Maguire, transformed Mokan from a holding company whose sole business was to vote stock which it owned in two operating companies and to collect dividends therefrom to a company whose sole business seemed to be litigation which resulted in the misuse and waste of the corporate assets. It cost Mokan $251,117.36 in fees and expenses for the prosecution of cases seeking to divest the Columbia Gas system of its interest in Panhandle for the period from October 1, 1937 to December 31, 1940. The plaintiffs contend that this object could be and was accomplished by Government agencies and not by Mokan and its attorneys. The district court called upon its knowledge gained from other cases as to the complicated problems involved in the divestiture proceedings. We think the plaintiffs should be permitted to prove their contention. In any event it was improper to base a summary judgment in part upon the district judge's personal knowledge and reactions to matters appearing in other cases with which he has had some familiarity, being matters not appearing in the pleadings, depositions, admissions and affidavits presented by the parties.
Salary — 1938 ................. $ 25,000.00 Salary — 1939 ................. 30,000.00 Expenses 1938 ....................... 13,995.36 (Charged to reserve account) Proxy fight expenses 1937 ........... 30,537.27 (Charged to reserve account) Expenses 1939 ....................... 14,888.87 (Charged to reserve account) Expenses 1939 ....................... 1,000.00 (Charged to reserve account) Travelling expenses (not dated) ..... 10,813.19 Mayo settlement — 20,066 shares common delivered to Maguire's company ........................... 100,330.00
An independent investigation of the books of Mokan and an examination of the defendant Maguire might serve to answer many questions which arise upon a perusal of the above items. Remembering that Mokan is a holding company with a minimum of operating problems the salary received by Maguire may well have been exorbitant.
Development Charge Off. Under this heading Mokan paid to
W. G. Maguire .............. $ 1,500.00 Brokaw, Dixon & McKee ...... 1,955.88 R. B. Hand ................. 27,721.35 F. H. Robinson ............. 705.65 S. P. Curtis ............... 250.00 __________ $32,132.88
It is a fair question to ask just what expenses could properly be incurred for the
We think the foregoing illustrations are sufficient to make clear that there actually were a number of disputes as to facts material to the determination of the ultimate question whether Mokan has any right to an accounting and recovery against the individual defendants for the waste of Mokan's assets.
The defendants argue that the plaintiffs may not raise the issue as to the defendants' alleged fraudulent mismanagement of Mokan's affairs during 1938 and 1939 because all their acts as directors were ratified by a majority of the stockholders at the annual stockholders' meetings. Ratification to be effective imports knowledge of all material facts on the part of those ratifying. First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co., 8 Cir., 1938, 98 F.2d 416, 427, certiorari denied Phoenix Finance Corp. v. Iowa-Wisconsin Bridge Co., 305 U.S. 650, 59 S.Ct. 243, 83 L.Ed. 420. The affidavit of Rosenfield, attorney for the plaintiffs, specifically denies that the stockholders had notice that any of the matters set forth in the complaint would be discussed or that a blanket resolution to ratify all activities of the directors for the prior year would be voted upon and also denies that the stockholders had knowledge of the circumstances surrounding the acts to be ratified. Moreover a majority of the stockholders cannot sanction a fraudulent misappropriation or misapplication of the corporation's funds. Continental Securities Co. v. Belmont, 206 N.Y. 7, 17, 99 N.E. 138, 51 L.R.A.,N.S., 112, Ann.Cas. 1914A, 777. It is settled law in Delaware that if the acts are ultra vires, illegal or fraudulent they may not be ratified. Keenan v. Eshleman, Del.Ch.1938, 2 A.2d 904, 909, 120 A.L.R. 227. A purported ratification is negatived if the acts of which complaint is made are fraudulent.
We accordingly conclude that the district court erred in entering summary judgment for the defendants as to the accounting cause of action. The case must, therefore, go back for further proceedings as to this cause of action in order to afford the plaintiffs an opportunity to produce evidence of the facts necessary to support the relief for which they ask. It is obvious that this evidence must come largely from the defendants. This case illustrates the danger of founding a judgment in favor of one party upon his own version of facts within his sole knowledge as set forth in affidavits prepared ex parte. Cross-examination of the party and a reasonable examination of his records by the other party frequently bring forth further facts which place a very different light upon the picture. The plaintiffs should, therefore, be given a reasonable opportunity, under proper safeguards, to take the depositions and have the discovery which they seek. Under this procedure all the issues involved in the accounting cause of action will be open for further proof and determination.
The judgment of the district court is reversed in so far as it denies the prayers of the complaint for discovery, accounting and other relief in respect of the cause of action alleged in paragraphs 8, 9, 16 to 22, both inclusive, 31 and 35, of the complaint, and this cause of action is remanded for further proceedings consistent with this opinion. In respect of the other causes of action alleged in the complaint the judgment of the district court is affirmed.


DARRELL HAMPTONFebruary 10, 2010
The Honorable Eric Shinseki, Secretary of Veterans Affairs
Washington D C
Dear Secretary Shinseki: (updated 2/11/11)
In this morning’s Dayton Daily News Paper a detailed report of the investigation of the Dayton VA Dental Clinic is being reported.
http://www.daytondailynews.com/news/dayton-news/va-dental-service-chief-aware-dentist-failed-to-sterilize-tools-1077574.html CNN is also running this story. It claims that the Medical Center Director, Guy B. Richardson had no knowledge of the plethora of violations committed by this dentist, Dwight M. Pemberton, who at 81 years old was still being allowed to practice on America’s Veterans and paid over $3000 a week to expose Veterans to blood born pathogens.


FEATURED CRIME - June 26, 2020 - Destruction of Property
Crime Stoppers needs your help in solving a Destruction of Property crime that occurred at Westover Park at 500 Overdale Drive. Four juvenile males were seen running from a port-a-potty in the park on June 11, 2020 at approximately 10:00 p.m. Fireworks were put into the tank of the port-a-potty resulting in $1,200 damage.
If you have information that can solve this or any other crime please call or text Crime Stoppers at 307-228-4276 or fill out the online form at the link below. You can remain anonymous and may earn up to $1,000 in reward.
Crime Stoppers is dedicated to collecting information on currently on-going investigations. If you would like to report a new crime, please contact the Gillette Police Department at 307-682-5155 or the Campbell County Sheriffs Office at 307-682-7271.
Crime Stoppers began in Albuquerque, New Mexico in 1976. A cash reward was offered to anonymous persons who telephoned the Crime Stoppers hotline with information that led to the arrest of people responsible for felony crimes.
Crime Stoppers is based on the principle that some people have information that can solve a crime but are reluctant to provide it to the police. This reluctance can be from a fear of reprisal or a mere reluctance to get involved. Crime Stoppers counters this by offering anonymity and paying rewards.
The Crime Stopper concept is a proven success with over one-half million crimes solved and three million dollars worth of stolen property and narcotics recovered through more than 1,000 Crime Stopper programs around the world.
Locally, the Gillette Crime Stoppers was organized and begun in 1983 and is affiliated with Crime Stoppers International and Crime Stoppers USA. In Gillette, the Crime Stoppers program has resulted in 322 arrests and recovery of $356,433 worth of stolen property and narcotics.
Three essential partners make up a Crime Stopper program. They are:
- The Community
Citizens form a Crime Stopper organization. They establish policy, raise funds, and determine reward payments in order to encourage other citizens to provide information about criminals.
- The Media
The news media (both press and broadcast journalism) provides the public with information on unsolved crimes and how to report information to Crime Stoppers.
- The Police
The police investigate information provided in calls to Crime Stoppers.
In Gillette, citizens with information about a crime can call or text Crime Stoppers at (307) 228-4276. Callers need not provide their name and efforts such as caller id are not used to try to identify the caller. The information is provided to local law enforcement officers to investigate. Persons providing information that helps to solve a crime are eligible for a reward. The information and results obtained with the information are presented by law enforcement to the Crime Stopper board. The board then determines if a reward should be given and if so the amount. The caller is provided an identification number when they give their information and they use that number to collect their cash reward.
Support Crime Stoppers Today
There are two ways you can support Crime Stoppers. The first is to call with information about a crime or wanted person. No one will ask your name, and you may be eligible for a cash reward. The second way is to make a tax-deductible donation to the reward fund. Your donation ensures cash rewards for crime-solving tips. With your support, calls to our tip line have solved crimes and resulted in the arrest of 322 criminals.
You can support Crime Stoppers by mailing a donation to:
Gillette Crime Stoppers
P. O. Box 2903
Gillette, WY 82717-2903
Because Gillette Crime Stoppers is a charitable 501(C)(3) organization, your membership is tax deductible.
Crime Stoppers Board of Directors
This program is successful in our community because of the citizens who call in with information and also those who generously support the program with donations of their time and money. The Board of Directors meets on a monthly basis to provide leadership to the program.
If you are interested in becoming a member of the Crime Stoppers Board of Directors please call (307) 682-6520.


Hans and Sybil Eysenck (1970) carried out an experiment on 178 imprisoned young offenders on all three personality types. They found that 122 had reoffended and all of these scored considerably higher in relation to extraversion than others. Allsopp and Feldman (1975) carried out a self-report study and found an important and a good link between scores for E, N and P levels of anti-social behaviour between girls aged 11 to 15 years old. The greatest link was found in relation to psychoticism. Their study of schoolboys was carried out the next year, and that achieved comparable conclusions.
Research has been carried out in order to test for a correlation between different personality types and the types of crime. Hindelang and Weis (1972) discovered that with minor crimes, such as damaging property, speeding or being drunk in public – the order of offending was how they had expected: high E plus high N, high E and low N or low E and high N, then low E and low N. Although this was not to be the case with offences concerning robbery or violence. Eysenck and Rust 1977 discovered that criminals associated with theft or violence had lower P scores and there was no variation for E scores.
Several other studies have looked at the performance of the autonomic nervous system and those identified as having anti-social personality disorder. The amount of activity in the ANS is taken by measuring the conductivity of the skin (electro dermal reactivity) and the amount of cardiac reactivity. Hare and Jutari (1983) discovered that when a psychopathic person is resting their electro dermal reactivity, it is very low. Hollin (1989) stated that a fast heart rate could be a sign that the psychopathic person is reducing their level of cortical arousal.
Eysenck (1963) discovered that those identified with having an anti social personality disorder are mainly extrovert. This proposes the likely relevance of the behaviour. Extroverts are believed to be more complex to socialise because of the problems in learning. This may consequently relate to psychopaths and their problems could have physiological foundation. If this is correct, then we may possibly believe that psychopaths will be very bad at learning to evade the bad stimuli relating to certain acts. Holli (1989) found that the results from such studies differ according to the kind of bad stimuli’s used. When weak performance was mixed with physical pain, psychopaths achieved poorer results than controls. Psychopaths were however, improved leaner’s when the outcome was a pecuniary punishment.
Personality typing or offender profiling has been used a lot in recent years, especially in the USA to make it easier to identify types of criminals. It is found to be most helpful in the finding of serial murderers. Serial murder is a recurring and rhythmic occurrence. The murdering takes place at a number of various times, often across several months or years. The murderers are generally violent and cruel, the victims are generally strangers. Most people would believe such murderers to be crazy. Holmes and De Burger (1989) dispute that such murderers do not experience any psychological illness, as in this type of situation there is naturally a motive of some sort. They explain four main types of serial killer. Firstly is the visionary motive type, this is where the killer carries out a crime based on voices or images in their head. The murder is generally impulsive and shambolic and only acted upon in reaction to the voices. Secondly is the mission-oriented motive type, this is where the killer has an objective or aspiration to get rid of a specific type of person. These killers are generally not considered psychotic but have great motivation to resolve a certain dilemma. Thirdly is the hedonistic type who kills for their own satisfaction. There are normally two sub types. The pleasure-oriented killer takes pleasure in the thrill of killing and does so for enjoyment. There is also the lust killer, who kills for a sexual intention, gaining enjoyment by exploiting others. Lastly is the dominance/power-orientated type, who is hard to differentiate from the lust or acts, although the sex is only a form of control over the victim. The victim is likely to be a stranger and the crime is generally organised, planned and brutal.
Cognitive learning theory
The role of the environmental stimuli and overt behavioural reaction had been emphasised by the behavioural theorists. However this viewpoint did not give an explanation as to why people try to classify, understand and regularly change the information they learn. There was a growing acknowledgment that cognition could not be ignored anymore (Kendler 1985)
Cognitive psychologists thought that when watching the reactions made by people to diverse stimuli, they could draw inferences concerning the nature of the internal cognitive procedures that create those reactions.
A number of the ideas and beliefs of cognitivism start in the work of Gestalt psychologists of Germany, Edward Tolman of the USA and Jean Piaget of Switzerland. Gestalt psychologists stated the significance of organisational methods in learning, perception and problem resolving and stated that people were inclined to systematize data in certain ways (Henle 1985). Tolman (1959) was a famous learning philosopher in the period of the behavioural movement but then acquired a firm cognitive outlook. Tolman was inspired by the Gestalt theorists and incorporated internal mental phenomena in his outlook of how learning works. Piaget (1980) was a swizz psychologist and biologist well-known for creating a very powerful model of child growth and learning.
Gabriel Tarde (1843-1904) stated that crime is merely a common learned behaviour. He disputed that criminals are average people who are brought up in an environment in which they discover crime is a way of living. His ‘Laws of imitation’ explained that a person is said to discover and gain knowledge through others information and ideas, the persons behaviour is said to pursue from those ideas. Tardes first law suggests that individual’s copy the behaviour of another in relation to the amount of communication they have with one another, therefore imitation is the most common and alternates quickly in inner-city areas. His second law suggests that the lesser person or inferior in the group imitates the leader or the superior. He disputes that crimes such as drunkenness and manslaughter began as offenses carried out by royalty but had been copied or imitated by different social classes. Furthermore, individuals in country or rural areas shortly imitated crimes that began in the city area. His third law proposes that modern fashions take the place of older ones, such as murder by knifes has been substituted for murder by fire arms. This is essential as it is an initial effort to explain criminal behaviour.
The name ‘differential association’ was primarily used to describe communication patterns by which criminals were limited in their physical and social relations to relate with likeminded others. It was at this period of its development that criminal behaviour where it was suggested that crime is an erudite activity, like any other. Edwin H. Sutherland 1947, disputed that it is the occurrence and reliability of contacts with precedents of criminality that decided the possibility that the person will participate in organised criminal behaviour. The fundamental reason of such behaviour is the existence of several ethnic groups with diverse beliefs, living in the same community that have created a state of different social structures.
Sutherland 1947 changed his theory to now dispute that criminal behaviour happens when people obtain enough sentiments in agreement to disobey the law to overshadow their association with non-criminal propensities. He disputed that at this level of justification, it was not needed to give reason why an individual has a certain association; this requires a complicated mix of social interactions and contacts that showed people to diverse associational ties.
Different association stays in complete dissimilarity to other psychological explanations; it maintains a leading sociological disagreement that the main groups to which individuals fit in have the biggest influence on them. This gained widespread acceptance as it was enough to clarify the occurrence of criminal behaviour.
Burgess and Akers (1985) suggested that criminal behaviour may well be learned in non-social circumstances that are strengthening and through communication in which the behaviour of other individuals helps reinforce that behaviour.
Akers (1985) redrafted the theory to concentrate on four key ideas. Firstly, differential association is believed to be the most significant foundation of social learning. It relates to the precedents of communication with others that are the foundation of social learning either approving or non-approving of criminal behaviour. Although the circuitous influence of additional reference crowds for instance the media – it is their own behaviour. Secondly, definitions, which mirror significance that an individual relates to their own behaviour. Thirdly, differential reinforcement relates to the definite consequences of a specific behaviour. It is suggested that individuals will do things they believe will outcome in rewards and will elude actions they believe will outcome in a penalty. Fourth, imitation, which includes watching what others are doing, whether they decide to imitate that behaviour will be dependent on the type of person being watched. The way that individual acts and the watched consequences of that behaviour for others.
Akers at el, (1979) suggests that criminal behaviour is learned through a particular series of events. Firstly, the differential association of the person with different people who have favourable meanings of criminal behaviour, they supply a model of criminal behaviour to be imitated and social reinforcements for that behaviour, differential reinforcements will decide if that individual will carry on with that behaviour.
Akers (1992) disputes that the social learning procedure defines the relation between social structural surroundings and criminal behaviour. The modernisation procedure and social disorganisation, damage conditions and financial discrimination and have all been linked with the behaviour of criminals.
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Welcome to Texas Work Injury Law Blog
This website is maintained by the Law Offices of Dean Malone, P.C., a Dallas, Texas law firm representing people across Texas for work injury cases. We have attempted to provide useful information for those harmed by work injuries.
Posts Tagged ‘workplace accident’
Thursday, June 29th, 2017
Tragedy occurred in a road construction work zone the morning of June 10, 2017. The 16-foot flatbed trailer that was attached to a pickup truck became detached, rolled at a fast pace through a construction site, and crashed into road crew members and paving equipment. Three of the workers died and two workers were injured. Not all details have emerged, because of the pending investigation. For instance, no comments have been made with regard to whether or not the truck driver was following state laws when he hitched the trailer. When asked if safety chains were attached, a spokesperson with the Amarillo Police Department wouldn’t comment about that.
It’s believed that either a pin broke or came loose, causing the trailer to become detached and lose control. The three workers who were killed when the trailer struck the paving equipment were 36-year-old Jorge Noe Catano, 59-year-old Ygnacio Rodriquez, and 63-year-old Julian Zamora. All were pronounced dead at the scene, which was I-40 eastbound east of Whitaker Road. The road construction injuries were suffered by 21-year-old Eddie Erinco and 59-year-old David Huddleston. All of the men were working for J. Lee Milligan, who works with the Texas Department of Transportation (TxDOT), doing road work.
Lee Milligan and TxDOT came up with new strategies to improve work site safety in highway construction zones. At the location where the fatal workplace accident occurred, an additional lane on the eastbound side of the highway has been closed. Additional signage was put in place to warn motorists of upcoming road work. In addition, speed limit advisor signs were added.
According to Sonja Gross, TxDOT Spokesperson, each project is evaluated on a case-by-case basis, with the goal of providing the safest environment possible for workers and the traveling public.
Tags: Accident,D.C.,Driving,Pickup truck,Texas,TxDOT,workplace accident
Wednesday, June 14th, 2017
Three friends and co-workers were killed and two workers were injured at a roadway construction site on eastbound I-40 in Amarillo, Texas, on Saturday morning, June 10, 2017. A pick-up truck hauling a 16-foot flatbed trailer was traveling through the construction site when the trailer broke loose from the pickup and crashed into road paving equipment and the crew working with it.
The deceased workers are 63-year-old Julian Zamora, 59-year-old Ygnacio Rodriquez, and 36-year-old Jorge Noe Catano. They and the two injured workers are all J. Lee Milligan employees. One of the injured workers suffered life-threatening injuries, and the other was severely injured. The Amarillo Police Department said the scene on I-40 was located just east of Whitaker Road.
At approximately 9:05 a.m., the silver Ford pickup hauling construction materials such as sand and rebar was traveling eastbound on I-40 when the trailer became disconnected. The trailer careened into road construction lanes and then crashed into the road paving machine and the five workers. The trailer then went off-road and fell onto its side, which caused the sand load to hit a construction crew pickup truck that was parked beside the machinery, off the road.
The driver whose trailer broke off returned to the scene. He was not injured. The Austin Police Department traffic investigators questioned him. No charges have been filed in connection with this fatal workplace accident.
The Texas Department of Transportation contracted J. Lee Milligan to handle the hot-mix work in the Amarillo area. A statement from TxDOT officials asked for prayers for the families of the deceased and for those injured in this tragic accident.
The hitch hardware that fell off of the pickup truck, causing the trailer to break loose, was recovered by traffic investigators. Speed was not considered to be a factor.
Tags: Amarillo,Road construction,Texas Department of Transportation,workplace accident


The Khyber Pakhtunkhwa Police in KPK has issued a job advertisement in The News on May 18, 2023, inviting applications for the position of Field Operator in various locations including Peshawar, Bajaur, Orakzai, Kurram, Khyber, South Waziristan, Mohmand, North Waziristan, and Peshawar, Khyber Pakhtunkhwa, Pakistan. Individuals with an Intermediate or BA degree are eligible to apply.
To apply for the latest government jobs in management and departments at the Khyber Pakhtunkhwa Police KPK, interested candidates should submit their applications before the closing date, which is approximately June 8, 2023, or as mentioned in the newspaper advertisement. For detailed information on how to apply for these job opportunities at the Khyber Pakhtunkhwa Police KPK, please visit the ETEA website and access the complete advertisement
Date Posted 18 May, 2023 Industry Government Hiring Organization Khyber Pakhtunkhwa Police KPK Jobs Location KPK, Pakistan Valid Through
8 June 2023 Education Requirements Intermediate , BA Employment Type Full Time No. of Posts Multiple Newspaper The News
- Senior field operator BPS 14
- field operator BPS 11
- Junior field operator (BPS-09)
Counter Terrorism Department KPK Police jobs Via ETEA


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Decisions for issue Managed Services for Temporary Agency Resource
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Managed Services for Temporary Agency Resource
RESOLVED: That the Committee agreed that the Executive Director Finance & Resources be granted delegated authority to procure and award a contract, in accordance with the approach outlined in 4.3 to provide the Council with a Managed Service for temporary agency staff for an initial term of three years with an option to extend for two further periods of 12 monthsprovided that the Executive Director consults with the Procurement Advisory Board before exercising the power to extend the contract.


If you and your ex-spouse have been able to reach an agreement about appropriate parenting arrangements for your children, we can assist you by formalising the arrangement in one of the following ways:
1. Filing for Consent Orders in the Family Court; or
2. Preparing a Parenting Plan.
Our team of family lawyers will guide you through the process and provide you with carefully considered advice as to your options.
Family separation can be an emotional and stressful time for you personally and as a parent. It is often difficult to reach an agreement with your ex-spouse about appropriate parenting arrangements for your children, particularly when both parties’ emotions are running high. However, it is usually best for everyone involved if parents can come to their own agreement, focusing on the needs and best interests of the children.
Sometimes, it will not be possible or appropriate for you to negotiate an agreement with your ex-spouse, for example if there are circumstances of urgency or you hold fears for your safety or the safety of your children due to family violence.
When you contact us for assistance the first step is for one of our experienced family lawyers to meet with you to discuss the circumstances of your family and the family breakdown.
Depending on your circumstances, we may recommend that the parties participate in a mediation (also known as Family Dispute Resolution). Often, with the assistance of an impartial mediator (and independent legal representatives if you wish) parents can successfully reach an agreement about how they will care for and make decisions about their children in the future.
Other times, we may be able to negotiate proposals for parenting arrangements through written correspondence with the other party’s solicitor.
If mediation is not appropriate in your case or you are unable to resolve your parenting dispute through negotiation, we can assist you to file an Application for parenting orders in the Federal Circuit Court or the Family Court.
When making determinations in parenting matters, the Court considers the best interests of the children as paramount.
It is important to remember that Court proceedings can be settled by the parties at any time during the process and, in our experience, many parenting matters are able to be settled without the need for a Final Hearing.
Whatever your circumstances, feel free to contact our office to make an appointment with one of our experienced family lawyers. Your lawyer will discuss any questions you may have in relation to your separation and the future living arrangements and custody of your children. We will listen to your concerns and provide you with considered and practical advice in relation to your options moving forward.
We do NOT require you to pay any funds into our Trust account prior to your initial consultation. We offer a flat fee of $275.00 for your initial consultation which includes our written letter of advice to you following the consultation.
McDonald Johnson Lawyers are registered on the panel of family lawyers who qualify to do legal aid work. If you think you may qualify for a grant of legal aid you can make an application directly with the Legal Aid office and nominate McDonald Johnson Lawyers as your chosen solicitor. If you are successful, we will automatically be notified of the grant and provided with your contact details. Alternatively, please feel free to contact our office and we can assist you through the process by submitting an application on your behalf online.


By Asia Samachar | Canada |
Surrey police has arrested a 58-year old gurdwara employee for allegedly sexually assaulting a 15-year old girl in or around the Gurudwara Dukh Nivaran.
In a statement on an ongoing investigation into a sexual assault at a temple in the Newton area, Surrey RCMP said it received a report on May 4 that a 15-year-old female youth had been sexually assaulted at or in the area of the gurdwara located in the 15200-block of 68 Avenue.
Upon investigation by the Surrey RCMP Special Victims Unit, it said it has identified a suspect who was arrested the next day.
It said the 58-year-old male suspect has been released on conditions, including no contact with the victim and not to be in the presence of anyone under the age of 16-year-old without another adult present.
It said the suspect is an employee at the temple, and the employer has been advised of the allegations and the conditions of his release. The investigation remains ongoing, and charges have not yet been laid.
“Our Special Victims Unit are leading this investigation, with support for the youth victim from Surrey Women’s Centre,” says Cpl. Sarbjit K Sangha, media relation officer of Surrey RCMP. “We urge anyone with information to come forward, as investigators continue to work to gather evidence and advance the investigation.”
Going public on sexual abuse at gurdwaras (Asia Samachar, 9 July 2021)
ASIA SAMACHAR is an online newspaper for Sikhs / Punjabis in Southeast Asia and beyond. When you leave a comment at the bottom of this article, it takes time to appear as it is moderated by human being. Unless it is offensive or libelous, it should appear. You can also comment at Facebook, Twitter, and Instagram. You can reach us via WhatsApp +6017-335-1399 or email: firstname.lastname@example.org. For obituary announcements, click here.


Newly-Born Rakia Rera Attracts Rak DevelopersTuesday, June 30, 2009
More than 12 developers have registered with the new Rakia Rera, the Ras Al Khaimah Investment Authority's property regulation arm. Rakia Rera will first oversee the implementation of the escrow account law for freehold projects. There are currently a minimum of 100 developers in Ras Al Khaimah presiding over the same number of projects, said Wahid Atalla, board member of Rakeen, which is developing Al Marjan Island, Gateway City and RAK Financial City among others. The Emiri decree was issued around eight months ago to establish a real estate regulatory authority in Ras Al Khaimah, but has "taken time" to set up regulations, Atalla told Gulf News. It joined Dubai's Real Estate Regulatory Authority (Rera) and Ajman's Real Estate Regulatory Agency in an attempt to make the UAE's overall property market more transparent and investor safe.
Other laws to come will follow those already existing in Dubai's Rera, Atalla said. Rakia real estate developments have a combined value of Dh6 billion. Developers may only register with Rakia Rera when the project design has been approved, which will allow them to open an escrow account and start selling properties. Rakia Rera will also check construction plans and progress by sending engineers to inspect projects, a move to prevent disputes between developers and investors - something that has plagued Dubai real estate transactions. "The escrow account has been implemented to prevent mishandling of construction funds and ensure that investors' money is spent according to the master plan of the project," Yahia Kambris, general manager of Rakia Rera, said.Source: Gulf News


GEORGE OSHIN (APPELLANT)
INSPECTOR-GENERAL OF POLICE (RESPONDENT)
(1961) All N.L.R. 29
Division: Federal Supreme Court
Date of Judgment: 26th January, 1961
Case Number: FSC 326/1960
Before: Brett, F.J.J.
The appellant (pretending to be a clerk of the stores and getting the goods from one of them) helped the complainant to buy some goods at a store, for which she gave him the price he mentioned. In fact he told her more than the true price, and pocketed the difference. His defence that he was acting as a middleman was not believed; he was convicted of stealing.
On the appeal from the magistrate, the High Court thought it was not stealing, on the ground that the complainant, when giving her money to the appellant intended him to have not only possession but the property in it "since in exchange for it she got sold the two drums of dye she wanted"; but as she parted with her money in consequence of his falsehood on the price, he was guilty of false pretences.
On further appeal, the appellant complained of the conviction being altered without argument on false pretences; and also argued that he was selling as a principal and entitled to make a profit.
(1) In England, the word "obtains", in a count charging a person with obtaining something by false pretences, contrary to section 32(1) of the Larceny Act, 1916, means "obtains the property and not merely the possession, and the obtaining must not for this purpose be under such circumstances as to amount to larceny"; and that test was apparently applied in the High Court in the present case with the term "stealing" substituted for "larceny": but in the present case there was no contract of sale between the complainant and the appellant which could have made him the owner of the money.
(2) The contract of sale was with the shop; the complainant gave her money to the appellant to pay the shop on her behalf, and he held it for her use and purpose; he had the physical possession only, and, in keeping some of it, was guilty of stealing.
(3) As both the courts below took the same view of the evidence, it was no longer open to the appellant to argue on the facts.
Case referred to:-
R. v. Ball, (1951) 2 K.B. 109; 95 Sol. Jo. 790; 35 Cr. App. R. 164.
APPEAL from High Court of Lagos.
Sofola for Appellant.
Oki, Senior Crown Counsel, for Respondent.
Bairamian, F.J., delivering the Judgment of the court:-The appellant was tried before a Lagos Magistrate on a charge of stealing £19, the property of Nimota Alake, and was convicted of stealing. He appealed to the High Court on the ground that the evidence did not support the charge; the outcome was an alteration of the finding to one of false pretences. He now appeals from that Court.
The following statement is taken from the Judgment of the High Court given on 24th October, 1960:-
The facts which the learned Magistrate found proved are very simple. On the 21st January, 1960, the complainant came to Lagos to purchase some dye. She met the appellant, whom she did not know before, outside a shop and he offered to assist her in her purchase. He took her to several shops and finally to C.F.A.O. There he made enquiries and was told outside the complainant's hearing that the firm had dye in stock and that the price was £12-10s-0d per drum. He took the complainant aside and informed her that the price was £25-0s-0d per drum. She asked him to obtain a reduction of £1-0s-0d on each drum and after examining them handed over to him £48. The appellant delivered the two drums to her on a lorry; after he had gone the complainant became dissatisfied with her purchase. On the following day she went to C.F.A.O. with the appellant to return the dye. The firm agreed to take back the goods and refund the money. They refunded the price paid which was £25. The appellant, however, said that the complainant had only given him £29 and in the course of the morning refunded the balance of £4 to her. This left £19 unpaid and it is in respect of that sum that the appellant was tried and convicted.
The Judgment then goes on to say that there was evidence reasonably sufficient to support those findings of fact, and to ask the question whether those facts constituted theft; it then quotes the text of section 383(1) of the Criminal Code, which defines stealing to include both a fraudulent taking and also a fraudulent converting, and the text of section 383(4), which explains conversion. The Judgment then continues thus:-
To constitute stealing there must therefore be either a taking or a conversion. There can, however, be neither a taking nor a conversion when the property in the thing, the subject of the theft, has passed to the accused. In the present case it is clear that when the complainant handed over to the accused the £48 she intended him not only to have the possession but also the property in the money since in exchange for it she got sold the two drums of dye she wanted. It follows that the subsequent conversion of the £19 could not amount to stealing.
The Judgment goes on to say that the facts stated earlier disclosed a clear case of obtaining money by false pretences contrary to section 419 of the Criminal Code because-
It is plain that, but for the appellant's statement that the price of each drum was £25 (rather £24), the complainant would not have parted with the £48. That statement was clearly false and could only have been made with intent to defraud.
It would seem that the learned Chief Justice of the High Court was applying to the word "obtains" in section 419 of our Criminal Code the test applied to the word "obtains" in section 32(1) of the English Larceny Act, 1916, in a count charging a person with obtaining something. For example, in R. v. Ball, 1951, 2 K.B., 109, the charge was that Ball, with intent to defraud, obtained a cheque drawn by the vicar, from the vicar's wife, by a certain false pretence, namely, that he had brought a certain number of blocks of peat, when in fact he had brought less. Lord Goddard, C.J., said this in the Judgment (at 111):-
There is no doubt that "obtains" means obtains the property and not merely the possession, and the obtaining must not for this purpose be under such circumstances as to amount to larceny.
The conclusion on the facts in that case is (p. 112) that:-
The vicar's wife had authority (viz. from the vicar) to part with the property in the cheque, and she did part with theproperty in it to the appellant in circumstances which made him the owner of the cheque.
They did, as it was Ball who was selling the peat to the vicar.
In the present case, however, the circumstances did not make the appellant owner of the money. The learned Chief Justice accepted it as a fact that the appellant "offered to assist her (the complainant) in her purchase"; also that she went to the C.F.A.O. to return the drums, and that "the firm agreed to take back the goods and refund the money." Thus, although it is true that the complainant had a sale to her of the two drums, her purchase was from the C.F.A.O., and there was no contract of sale between her and the appellant which could have made him the owner of the £48. The role he played was that of a person helping her to find and buy what she wanted; when she gave him the £48, it was for the purpose of his paying the money on her behalf to the C.F.A.O.; and in his hands it was money held for her use and purpose and still her property; consequently, when he kept £23 for himself, the appellant was guilty of stealing the £23. Thus, although she did intend to part with the property in the £48, it was not to him but to the C.F.A.O.; and, whilst it is true that he duped the complainant into giving him £48 by a false pretence as to the price of a drum of dye, it took him no farther than getting physical possession of the money.
At the hearing of the appeal we invited argument, and for the reasons given above we are of opinion, with respect, that the test applied did not warrant an alteration of the finding to one of false pretences. This disposes of the complaint that, although the argument in the High Court turned on stealing, and no mention was made of false pretences at the hearing, the finding was altered to false pretences in the Judgment of that Court.
The other submission made to us was that the appellant was selling as a principal and was entitled to make a profit. This is a submission on the facts which is no longer open to the appellant in this further appeal, having regard to the view taken by the courts below on the role he played in order to dupe the complainant and defraud her.
The appeal is dismissed; the conviction of stealing and the sentence of six months therefore passed by the magistrate on the 4th July, 1960, are restored, in lieu of the order made by the High Court on the 24th October, 1960; and the appellant is ordered to serve his sentence.
Appeal dismissed: Magistrate's Judgment restored.


If you would like to obtain an official copy of the Minutes, please contactthe State Board of Pharmacy at 614-466-4143 for instructions and fee information.
Ohio State Board of Pharmacy 77 South High Street, Room 1702 Columbus, Ohio 43215-6126telephone: 614-466-4143 fax: 614-752-4836 email: email@example.com
Minutes of the September 8-10, 2008Meeting of the Ohio State Board of Pharmacy
Monday, September 8, 2008
10:00 a.m. The Ohio State Board of Pharmacy convened in Room East B, 31
Floor, of the Vern RiffeCenter for Government and the Arts, 77 South High Street, Columbus, Ohio, with the followingmembers present:Nathan S. Lipsyc, R.Ph.,
; Elizabeth I. Gregg, R.Ph.,
; GregoryBraylock, R.Ph.; Donald M. Casar, R.Ph.; Barton G. Kaderly, Public Member; Richard F.Kolezynski, R.Ph.; Deborah A. Lange, R.Ph.; and Jerome J. Wiesenhahn, R.Ph.Also present were William T. Winsley,
; Mark Keeley,
Legislative Affairs Administrator
; Chris Reed,
; David Rowland,
Legal Affairs Administrator
; Danna Droz,
Prescription Drug Monitoring Program Director
; and SallyAnn Steuk,
Assistant Attorney General
Mr. Winsley announced that the following Settlement Agreement with
, R.Ph.(03-3-17097), Wadsworth, Ohio, has been signed by all parties and is now effective.
SETTLEMENT AGREEMENT WITH THE STATE BOARD OF PHARMACY
Docket Number D-080709-004
in the matter of
HANNAN LAIKOS, R.Ph.
471 Allen DriveWadsworth, Ohio 44281R.Ph. Number 03-3-17097This Settlement Agreement is entered into by and between Hannan Laikos andthe Ohio State Board of Pharmacy, a state agency charged with enforcing thePharmacy Practice Act and Dangerous Drug Distribution Act, Chapter 4729. ofthe Ohio Revised Code.Hannan Laikos voluntarily enters into this Agreement being fully informed of herrights afforded under Chapter 119. of the Ohio Revised Code, including the rightto representation by counsel, the right to a formal adjudication hearing on theissues contained herein, and the right to appeal. Hannan Laikos acknowledgesthat by entering into this agreement she has waived her rights under Chapter119. of the Revised Code.Whereas, the Board is empowered by Section 4729.16 of the Ohio Revised Codeto suspend, revoke, place on probation, refuse to grant or renew an identification


Man arrested for possession of pot behind school
A man was arrested at the Little Cypress Junior High School Friday evening for possession of marijuana. Officer J.E. Davis was patrolling an extra patrol at the LCJHS and observed a vehicle drive in behind him, and behind the gym as he patrolled the back alley.
Officer Davis’ headlights were off at the time and the vehicle behind him did not see the patrol unit. The suspects vehicle then turned into the grass field and stopped behind the gym.
There have been several burglaries in this area and Officer Davis turned his patrol unit toward the suspect to make contact with the occupants of the vehicle. As the officer approached the vehicle, he turned on his spotlight and pointed it toward the car.
Officer Davis saw the reverse lights come on and the vehicle attempted to back up. The vehicle backed in front of the officer’s car and turned head on with the patrol unit.
When the officer got out of his vehicle, the suspect vehicle attempted to drive toward the officer. Officer Davis drew his service handgun and pointed it toward the vehicle at which time it stopped.
Officers noticed there were three occupants inside the vehicle and Officer Davis instructed all three to exit the car, and to raise their hands so he could see them. At that time officers began to identify the suspects.
One of the suspects, Edward Lily, who smelled strongly of burned marijuana, was searched and was found to be in possession of a green leafy substance. When asked what it was, Lily claimed not to know. When asked if officers could remove the substance from Lily’s pocket, he advised they could remove it. A clear plastic bag was removed and the contents were recognized as marijuana.
The driver of the vehicle, Trevvin Tremaine Jones had already been removed from the vehicle and searched for weapons.
Another passenger in the vehicle verbally identified herself as Rachel Judge.
After a check of the vehicle for further contraband, officers arrested Lily for possession of marijuana, a class B offense.


New figures indicate that a significant decline in the use unlicensed software by South African companies is still some way off.
This is according to BSA | The Software Alliance, the leading global advocate for the software industry whose latest 2013 data shows that the number of reported cases of unlicensed software in South Africa accounted for 22% of the total for the Europe, Africa and Middle Eastern (EMEA) region. In South Africa this number was highest in Johannesburg and Cape Town while businesses in Pretoria and Johannesburg paid the highest amounts in settlements for the use of illegal software.
While there was a drop in the total amount of money SA business had to pay after they were caught using illegal software, there was an increase of 4% in reports of suspected use of unlicensed software compared to the same time period last year. As such, South African businesses continued to pay millions of Rand to date in 2013.
Recently appointed Chairman of the BSA South Africa committee Marius Haman, Anti-Piracy, Legal & Corporate Affairs lawyer for Microsoft Middle East & Africa, says that it is clear that companies still need to be educated about the implications and consequences of using pirated or unlicensed software. “Fines issues to South African companies in 2013 have amounted to millions of Rand and the value of losses incurred has increased year on year. Piracy impacts negatively on the economy because it diminishes technology companies’ capacity to create jobs and be innovative.
A study by BSA in partnership with INSEAD estimates that using properly licensed software would deliver almost R1 billion in additional economic value for South Africa.
BSA encourages reports of suspected software piracy, whether regarding businesses using unlicensed software, or individuals and organisations selling pirated software over the internet. Confidential reports can be made at www.bsa.org. A range of information and free tools are available on the BSA website to help businesses better understand and manage their licensing requirements and stay compliant.


LAKEVILLE Â? Police have released the identity of a 59-year-old Niles woman who was killed Wednesday after a head-on crash on U.S. 31.
Judith Peters died about 11:30 a.m. after an SUV smashed into her Buick Avenue near Jefferson Road.
Witnesses say 20-year-old Elvia Jimenez of Bremen was headed north in the southbound lane when the crash occurred, according to a release from St. Joseph County Police.
Jimenez was the first to begin performing CPR on Peters before paramedics arrived, but the 59-year-oldÂ?s injuries were too severe, police said.
Jimenez, an employee of South Bend Medical Foundation, was taken to the hospital with minor injures.
The 20-year-old was driving a Medical Foundation blood bank vehicle when the crash happened, and vice president Bob King said Wednesday that the woman was working at the time.
Jimenez reportedly doesnÂ?t remember why she was driving in the wrong lane, according to police spokeswoman Jaimee Thirion.
The woman told officers at the hospital that she doesnÂ?t know how she ended up in the southbound lane, heading north. Witnesses said Peters was slowing down and honking her horn at Jimenez, when both vehicles suddenly swerved toward the center line of U.S. 31, where the crash occurred.
As with any accident, police are testing to see if drugs or alcohol were factors in the crash.


Detectives in Plymouth want to locate 33-year-old Carl Thomas from Plymouth.
The man is sought in connection with an assault in the city.
"Officers would like to know his current whereabouts," a police spokesman said.
"This CCTV image has been released of Carl. If anyone knows of Carl’s whereabouts or can help police with their enquiries, please call 101 or email firstname.lastname@example.org quoting crime number reference CR/58177/17.
"You can also give information anonymously via crimestoppers on 0800 555 111."
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Nine men and four women, aged between 18 and 56, have been arrested for their suspected involvement in a recent spate of rental scams.
The police said the suspects were arrested in an islandwide anti-scam enforcement operation conducted between Mar 9 and 13. Another three women, aged between 21 and 27 are also assisting in investigations.
The scammers would impersonate legitimate property agents and ask victims for payment to secure the rental of a unit before viewing the property as part of the scams.
Preliminary investigations revealed that the sixteen persons purportedly received illicit proceeds from rental scams in their bank accounts.
They allegedly allowed their bank accounts to be used to receive the illicit proceeds and withdrew the proceeds which were then handed to others in the syndicate for easy money.
Scam proceeds amounting to more than $1.3 million from 480 rental scam cases were dissipated via cash withdrawals from these bank accounts.
For assisting another to retain benefits from criminal conduct, an offender can be jailed for up to 10 years, fined up to $500,000 or both.
To avoid becoming involved in money laundering activities, the police advise members of the public to always reject requests to allow their bank accounts to be used to receive and transfer money for others.
The public should adopt the following precautionary measures when securing appointments to view properties:
ADD - ScamShield App and set security features (e.g., enable two-factor (2FA) or multifactor authentication for banks, social media, Singpass accounts; set transaction limits on internet banking transactions, including PayNow)
CHECK - for scam signs with official sources. Verify the legitimacy of a property listing via the following means:
Liaise with a property agent using only the agent’s phone number registered on CEA’s Public Register. Members of the public may check whether a property agent is registered with CEA by searching for the agent’s phone number on the CEA Public Register. If the search does not lead to the property agent’s profile page, it means that the property agent has not registered that phone number with the CEA and the listing is likely a scam.
TELL - authorities, family, and friends about scams. Report the fraudulent pages to the online platforms (for e.g. Facebook, Carousell, etc)
For more information on scams, members of the public can visit www.scamalert.sg or call the Anti-Scam Hotline at 1800-722-6688.
Anyone with information on such scams may call the Police Hotline at 1800-255-0000 or submit information online at www.police.gov.sg/iwitness.
All information will be kept strictly confidential.