Friendly tip to people planning a felony: don’t do it. And if you still want to, you might want to avoid planning your escapade with the internet or your phone.

January 21, 2019, 8:33 am

Image courtesy of Adobe Stock.

If you are planning to do something that our society says is a felony, or even thinking about it, please don’t.

Please change your plans. You won’t like the result.

If you are still pondering something that our society says is a felony, you might want to avoid using electronic devices that record your planning. Definitely don’t use your phone in commission of the actual crime.

Here are a few examples of what not to do, for amusement of people who are inclined to read my blog.  People likely to go ahead with felonious plans probably are not in my audience.

 

Tip #1

Don’t take along your location recording fitness device while conducting reconnaissance to plan an assassination and definitely don’t take it along for the ‘hit’:  Runners World -1/17/19 – This Runner is a Hitman. His GPS Watch Tied Him to a Mob Boss Murder

A competitive distance runner who moon lighted as a contract hit man took along his fitbit watch as he conducted recon and planning runs for two different assassinations. Also wore it for one of the actual hits. Police looked at the recorded location information on the watch which showed him making recon runs and placed him at the scene of the hit.

Result: Life in prison.

 

Tip #2

Don’t conduct an Internet search with questions of whether your plans are illegal: Cleveland.com – 10/19/18 – Brooklyn Woman falsely accused Parma Heights police chief of rape, investigators say.

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Deserter from the U.S. Air Force apprehended and tried.

January 10, 2019, 4:09 pm

William Howard Hughes, Jr. (U.S. Air Force photo)

A 1983 deserter from the U.S. Air Force was arrested in 2018 and has now been tried and sentenced.

I was advised today by the Air Force Office of Special Investigation that the now-former officer has been tried and dismissed from the service. I’m working to find out the results of his trial and his current status. As more details are learned, updates will be posted.

Desertion

Back in July 1983, while the Cold War was still running, USAF Captain William Howard Hughes Jr. deserted after returning to Albuquerque from a TDY in Europe. He did not report to his duty station on August 1, 1983.

He was last seen making 19 withdraws from his bank account totaling $28,500. That may have been around a year’s gross salary at the time. Would have allowed him to run and hide for a while as he worked on his new identity. His car was abandoned at the Albuquerque airport.

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Standard mileage rates for 2019

December 17, 2018, 7:45 am

Image courtesy of Adobe Stock.

The IRS has published the 2019 standard mileage rates. New rate for transportation and reimbursements is 58 cents, which is up from 54.5 cents in 2018. That is an increase of 3.5 cents.

New rates from the IRS, along with some comments on the impact of TCJA legislation are found in Notice 2019-02: Read the rest of this entry »


Recap of known state and federal interest in medical GIK

December 7, 2018, 9:29 am

Superior court facade in downtown Los Angeles, California. Image courtesy of Adobe Stock.

There are a number of state and federal actions visible for financial reporting by charities. Focus of the efforts currently is valuation of GIK and the impact of those valuations on fund raising appeals. Perhaps a recap of those efforts will provide some helpful context to the charity community.

Update: End of this post describes the change in accounting over the last seven years in terms of how to value meds that legally may not be distributed in the U.S.  Hint: a 180 degree change.

Today is the 9th day of out of 15 days scheduled for hearings on the California AG’s cease and desist order (C&DO) for MAP International (MAP), Food for the Poor (FftP), and Catholic Medical Mission Board (CMMB).

Here is the list of publicly visible Attorneys General who are focusing on financial statements of the large medical GIK charities:

California:

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Filings to seek depositions in the California AG’s cease and desist orders regarding three charities

December 4, 2018, 9:15 am

Image courtesy of Adobe Stock.

The battle over the AG’s cease and desist order is in the appeal stage. Hearings are in day 6 out of 15 scheduled days.

The appeal is taking place in the state Office of Administrative Hearings (OAH). An Administrative Law Judge (ALJ) is overseeing the appeal.

This is the second in a series of posts describing some of the filings in the public record regarding the enforcement action and the appeals by the charities.

I have one stray follow-up comment to my previous post and then will dive into the filings about obtaining depositions from people living outside the state. Those individuals are not subject to an order to appear in person before the OAH.

Might want to get a fresh cup of coffee. This will be a long read. If you are at all interested in this case, you will find lots of interesting background info here.

Oh, everything I mention here is based on public documents available from the OAH.

Follow-up on Pro Hac Vice – FftP filed with OAH to get one of their attorneys granted Pro Hac Vice permission to practice in the state. This attorney is the lead litigator for the law firm on non-profit issues. Of note is the motion says it is unopposed by the AG. The OAH ruled they do not have authority to grant Pro Hac Vice. I don’t fully understand the reasoning, but I think it is essentially that the state bar or a court grants such status and the OAH is neither the state bar nor a trial court that can grant the permission. So, another motion, running 60 pages in length, was filed with the Superior Court of the county of Los Angeles. That court agreed it had authority and granted the attorney Pro Hac Vice status.

The docket shows a notice filed by MAP regarding Pro Hac Vice. I didn’t read it and assume it was announcing the same results for their counsel. I didn’t see anything on the docket from CMMB.

Protocol for naming individuals mentioned in filings

As I started this series of posts, I pondered how to name the individuals that are mentioned.

Full name? Initials? First name and initial of last name? No name?

Here is my conclusion:

For only the expert witnesses, my posts will list the person’s full name. Those individuals want to be in the public eye and want to be known as an expert. It looks like they usually speak in public on a regular basis. Thus I am comfortable listing their full name.

For everyone else in the case, such as management and staff of the charities along with partners and staff of CPA firms, it is different. They did not sign up to be in the public spotlight, so I’ll skip their last names. My posts will list their first name and first initial of the last name. I’ll also list job title or job description along with their employer when pertinent. Those in the know already know who has been dragged into the case.

Obtaining permission to obtain depositions

The AG wanted to depose a number of people who reside outside California but cannot be compelled to attend a hearing by the OAH. Thus the process the AG had to follow is request the ALJ to approve taking depositions.  The charities can file objections, which they did. (Charities unsuccessfully claimed these constitute discovery, which is not allowed under OAH regulations.). After addressing objections, the ALJ then issues orders allowing certain people to be deposed. The AG then goes to the Superior Court to request an enforceable order for those individuals to be deposed.

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Court filings in California AG’s cease and desist order against three charities

November 30, 2018, 3:03 pm

Image courtesy of Adobe Stock.

I’m reading through the filings for the AG’s cease and desist order against MAP International, Catholic Medical Mission Board, and Food for the Poor. The hearing on the order is underway this week. It will continue for the next two weeks, according to the schedule.

Although the filings are public information, they are not available on the Internet. Instead, they must be obtained directly from the state. It took several phone calls, and getting forwarded to another office, but I did reach the person responsible for responding to media requests. When I finally reached the right person, she was extremely helpful and very prompt.

So, I now have a huge amount of reading to do.

As time is available over the next few days and weeks I will comment on different things visible in the filings.

 

A few preliminary thoughts.

This is a major battle. The charities are responding accordingly.

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Hearings start tomorrow on California AG’s Cease and Desist Orders against three charities

November 26, 2018, 7:55 am

Image courtesy of Adobe Stock.

Calendar at the Office of Administrative Hearing’s website still shows the appeal hearings on the AG’s Cease and Desist Order start tomorrow, November 27, at 10 a.m. in downtown Los Angeles. Hearings continue the next 14 days at 9 a.m.

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