Archive for August, 2011

Konica Minolta Launches Dispatcher Pro Phoenix Legal Edition to Streamline Legal Document Workflow

Legal Software Simplifies Document Management and Offers Advanced Capabilities for Overall Workflow Enhancement

Ramsey, NJ (PRWEB) August 30, 2011

Konica Minolta Business Solutions U.S.A., Inc. (Konica Minolta), a leading provider of advanced imaging and networking technologies for the desktop to the print shop, today announced the availability of Dispatcher® Pro Phoenix Legal Edition, a comprehensive software solution that streamlines and automates the processing of documents for the legal vertical market. Available on all Konica Minolta bizhub® PRESS digital presses, bizhub PRO® production print systems and bizhub MFPs, Dispatcher Pro Phoenix Legal Edition is specifically designed for legal professionals to meet the rising demands of automated document processing.

With Dispatcher Pro Phoenix Legal Edition, scanned files can be converted to PDF and PDF/A, as well as searchable PDF and PDF/A files. The application also provides a complete and advanced Bates stamping solution, allowing users to create, customize and format an unlimited number of Bates stamps that can be placed anywhere on the page. This full-featured Bates stamping process includes: multiple counters; options for relative or absolute positioning; the ability to rotate stamps at any angle and specify color/opacity to the stamp content and background; the capability to shift and/or shrink page content functionality; and much more. Users can also upload their own documents to use as a preview while building their stamps. Redactions, highlights, watermarks, annotations, notes and other essential information that legal documents require can be defined in one process. In addition, optional processes are available to expand workflow capabilities, such as the Convert to Office process, which accurately converts scanned files into fully formatted Microsoft Office formats, such as Word, Excel, and Powerpoint.

“Delivering products that address the specific workflow needs of vertical markets is core to our go forward services strategy. We will continue to deliver innovative solutions that enhance the end user experience and are fully integrated with our award winning lineup of digital presses, production print systems and MFPs,” said Sam Errigo, Senior Vice President, Business Intelligence Services, Konica Minolta Business Solutions U.S.A., Inc. “With Dispatcher Pro Phoenix Legal Edition, files can be automatically Bates stamped, watermarked, annotated, highlighted, redacted and more – all at the touch of a button. Dispatcher Pro Phoenix Legal Edition demonstrates that customers can count on Konica Minolta to help address any legal challenge both quickly and efficiently.”

Other features of Dispatcher Pro Phoenix Legal Edition include the Workflow Builder, a highly intuitive graphic tool that allows users to easily create and validate workflows, and unique LiveFlo technology that provides a real-time view of all workflow processes to identify bottlenecks and make certain that inputs, processes and outputs are set correctly.

Learn more about Dispatcher Pro Phoenix Legal Edition at GRAPH EXPO 2011, the year’s largest graphic communications exhibition and educational conference, which runs September 11-14 at McCormick Place South in Chicago. To schedule a personal tour of the Konica Minolta Booth (#2227) and/or an executive interview, please contact Rachel Reed at rachel.reed(at)kmbs(dot)konicaminolta(dot)us .

About Konica Minolta

Konica Minolta Business Solutions U.S.A., Inc. is a leader in advanced imaging and networking technologies for the desktop to the print shop. Konica Minolta was named the 2009 Supplier of the Year by both the Allegra Network and the National Association of Quick Printers (NAQP), as well as received the Sales Support Award from Mail Boxes Etc., Inc. For more information on our award-winning technologies, please visit http://www.CountOnKonicaMinolta.com and follow Konica Minolta on Facebook, YouTube, and Twitter.

Konica Minolta Contact

Rachel Reed

Konica Minolta Business Solutions U.S.A., Inc.

rachel.reed(at)kmbs(dot)konicaminolta(dot)us

Konica Minolta is a registered trademark of Konica Minolta Holdings, Inc. bizhub and bizhub PRO are registered trademarks of Konica Minolta Business Technologies, Inc. All other trademarks mentioned in this document are the property of their respective owners.

# # #

Rachel Reed
Konica Minolta Business Solutions U.S.A.
856.381.0651
Email Information

Article source: http://news.yahoo.com/konica-minolta-launches-dispatcher-pro-phoenix-legal-edition-182613151.html

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Bank of America hid AIG legal threat

“There were lots of efforts made to avoid the filing over a period of months, but ultimately the discussions were not fruitful,” said one of the people.

A key stumbling block was Bank of America’s refusal to provide data for all of the loans, to show whether AIG’s sample — the heart of its case — was representative.

Bank of America “ignored” AIG’s requests for such information, while trustees and mortgage-servicers that also had access to the information “flat-out refused to cooperate,” according to AIG’s complaint.

The Charlotte, North Carolina-based bank has yet to respond in court to AIG’s lawsuit, but has said the insurer should have been smart enough to understand what it was buying.

“AIG recklessly chased high yields and profits throughout the mortgage and structured finance markets,” spokesman Larry DiRita said. “It is the very definition of an informed, seasoned investor, with losses solely attributable to its own excesses and errors.”

Fulsome disclosure?

Bank of America devotes plenty of space in its regulatory filings to mortgage litigation.

The bank suffered after buying Countrywide Financial Corp, the largest U.S. subprime lender, in 2008 for $2.5 billion. Litigation and loan losses linked to that deal have cost the bank more than $30 billion.

In its August 4 quarterly filing, Bank of America spent nearly 4,000 words on a footnote describing litigation and regulatory matters. The bank said it spent $2.3 billion on legal costs, not including external fees, during the period, and could be short on reserves for future legal liabilities by as much as $2.3 billion.

On June 29, Bank of America said it agreed to pay $8.5 billion to resolve what it said would be much of the litigation it faced over mortgage-backed securities, and set aside another $5.5 billion for future possible claims.

The agreement with 22 investors including the Federal Reserve Bank of New York, Blackrock Inc, Allianz SE’s Pimco and others, covered mortgages with $174 billion in unpaid principal balance. Still, many investors have challenged the planned payout and disclosures as inadequate.

On a conference call to discuss the agreement, Credit Suisse analyst Moshe Orenbuch asked for further explanation of securities litigation not covered by the deal.

“That will be an ongoing process,” Bank of America Chief Financial Officer Bruce Thompson replied. “And I think if you look at the disclosure and what we have out there, it is pretty fulsome.”

Many large U.S. banks offer limited disclosure about their potential future legal bills.

None of the six biggest U.S. banks have volunteered definitive estimates of future legal costs, exact numbers of lawsuits or the potential damages that plaintiffs seek.

In its most recent quarterly filing, for example, JPMorgan said it is facing more than 10,000 legal proceedings, and that it may have to pay about $5.1 billion more to resolve these claims than the sum it has set aside. What that sum is, it does not say. Citigroup and Wells Fargo have made similar disclosures.

Morgan Stanley has offered legal-loss estimates for a handful of cases, totaling $1.7 billion, while Goldman Sachs lowered its legal-loss estimate by $700 million last quarter to $2 billion, even though it also detailed a slew of new legal and regulatory matters.

Barclays analyst Roger Freeman describes such legal-loss estimates as little more than holding a finger to the wind.

“We do not believe that this represents the realistic expected value of legal liabilities,” he said of Goldman Sachs’ estimate.

Bank of America’s shares dropped 20.3 percent on August 8 when the AIG lawsuit was filed, though many other factors influenced bank stocks that day, including Standard Poor’s downgrade of the United States.

Since that time, its stock recovered only after Buffett — whose Berkshire Hathaway has made several investments in financial firms since 2008 — expressed support with a $5 billion preferred stock investment.

On Monday, the bank said it sold about half its stake in China Construction Bank for $8.3 billion, which also boosted Bank of America’s shares.

But even with the extra capital, Bank of America is sure to face huge legal hurdles over the long term.

“I’m concerned about the litigation, obviously,” said University of Delaware’s Elson, who is also a Bank of America shareholder. “Until it happens, you just don’t know.”

Copyright 2011 Thomson Reuters. Click for restrictions.

Article source: http://www.msnbc.msn.com/id/44329640/ns/business-us_business/

Exclusive: Bank of America kept AIG legal threat under wraps

NEW YORK (Reuters) – Top Bank of America Corp lawyers knew as early as January that American International Group Inc was prepared to sue the bank for more than $10 billion, seven months before the lawsuit was filed, according to sources familiar with the matter.

Bank of America shares fell more than 20 percent on August 8, the day the lawsuit was filed, adding to worries about the stability of the largest U.S. bank. It wasn’t until Warren Buffett stepped up with a $5 billion investment that those fears were eased, though hardly eliminated.

The bank made no mention of the lawsuit threat in a quarterly regulatory filing with the U.S. Securities and Exchange Commission just four days earlier. Nor did management discuss it on conference calls about quarterly results and other pending legal claims.

The SEC’s rules for litigation disclosure are murky, and some lawyers said Bank of America may have been justified in not revealing AIG’s lawsuit before it was filed. The bank’s litigation disclosures are in line with those of many rivals.

But other lawyers said banks have an obligation to disclose legal threats that could have major consequences.

“Publicly owned companies are supposed to disclose material threatened litigation under generally accepted accounting principles,” said Richard Rowe, a former director of the SEC’s Division of Corporation Finance, who was commenting generally and not specifically about Bank of America.

Rowe, now a partner in the Washington, D.C., office of law firm Proskauer Rose, said bank executives must make a “judgment call” as to what is material, but “the general rule is, if it’s threatened litigation and it’s material, and you can put a number on it, you should disclose it.”

AIG’s lawsuit shows why investors are so fearful: they have no idea how much litigation lurks behind closed doors.

“Management surely has a credibility problem with investors,” said Jonathan Finger, whose Finger Interests Number One Ltd in Houston owns Bank of America shares. “They continue to under-address or under-disclose on the mortgage issue.”

Finger in 2009 sued the bank over its disclosures related to the takeover of Merrill Lynch Co.

Bank of America and AIG declined to comment for this article.

DISCLOSING MORE

SEC staff have this year advised banks including Bank of America, JPMorgan Chase Co, Citigroup Inc, Wells Fargo Co, Goldman Sachs Group Inc, and Morgan Stanley to disclose more information about lawsuits that have been filed, as well as legal proceedings that they know the government is considering.

Banks have responded by providing additional information, including legal loss estimates in some cases.

But the agency has given banks more leeway in disclosing the expected cost of early-stage litigation, or threats of litigation whose outcome is more difficult to predict, according to securities lawyers and current and former regulatory officials.

There are two standards for disclosing legal liabilities. One under banks’ legal proceedings relies on whether losses are “reasonably probable” and “reasonably estimable.” Another, under management’s discussion and analysis, is based on whether losses are “reasonably possible.” Disclosure relies heavily on management’s assessment of the merits of a case.

Companies might need to disclose large potential lawsuits, even if they believe a loss is improbable, as well as less consequential cases if a loss appears certain, said Meredith Cross, director of the agency’s Division of Corporation Finance, in an interview with Reuters about the SEC’s disclosure requirements.

“The goal has been to have better disclosures, which should result in fewer surprises,” said Cross, who was speaking generally and not commenting on any specific institution.

Legal experts say it is difficult for top bank executives to decide exactly what they have to disclose in relation to pending and potential legal matters. That is particularly true in the current environment, they said, in which confidence in large banks is so easily shaken by legal threats that may or may not have merit.

“This is a classic problem in the disclosure regime with litigation,” said Charles Elson, director of the John L. Weinberg Center for Corporate Governance at the University of Delaware. “You’re required to disclose anything material. The question is, ‘is it material?’ You have to gauge the size and the probability of success, which is very hard to evaluate.”

NOT FRUITFUL

Before suing Bank of America, AIG spent months analyzing publicly available data on a sample of 262,322 loans behind mortgage-backed securities it bought from Bank of America and its Merrill Lynch and Countrywide units between 2005 and 2007.

In its court filing, AIG said marketing materials touted the loans as being much safer than they were.

For instance, AIG said that in almost every bond offering, it was told that none of the mortgages were worth more than the value of the underlying property, when in fact one in six loans were underwater from the day they were born.

AIG raised such issues with Bank of America in January and said it planned to sue unless a settlement could be reached, sources familiar with the matter told Reuters. The sources either had direct knowledge of the legal proceedings or were briefed on them, but were not authorized to discuss the case publicly.

Both sides entered a “tolling agreement” to stop any legal statutes of limitation from running out while settlement talks were underway, but by March it became clear that AIG was prepared to sue for more than $10 billion, the people said.

Bank of America disputed AIG’s claims, saying losses stemmed from the insurer’s flawed decision making, as well as broader declines in home values and capital markets, the people said. The parties agreed to enter mediation proceedings during the second quarter, and also floated other proposals to no avail, the people said.

“There were lots of efforts made to avoid the filing over a period of months, but ultimately the discussions were not fruitful,” said one of the people.

A key stumbling block was Bank of America’s refusal to provide data for all of the loans, to show whether AIG’s sample — the heart of its case — was representative.

Bank of America “ignored” AIG’s requests for such information, while trustees and mortgage-servicers that also had access to the information “flat-out refused to cooperate,” according to AIG’s complaint.

The Charlotte, North Carolina-based bank has yet to respond in court to AIG’s lawsuit, but has said the insurer should have been smart enough to understand what it was buying.

“AIG recklessly chased high yields and profits throughout the mortgage and structured finance markets,” spokesman Larry DiRita said. “It is the very definition of an informed, seasoned investor, with losses solely attributable to its own excesses and errors.”

FULSOME DISCLOSURE?

Bank of America devotes plenty of space in its regulatory filings to mortgage litigation.

The bank suffered after buying Countrywide Financial Corp, the largest U.S. subprime lender, in 2008 for $2.5 billion. Litigation and loan losses linked to that deal have cost the bank more than $30 billion.

In its August 4 quarterly filing, Bank of America spent nearly 4,000 words on a footnote describing litigation and regulatory matters. The bank said it spent $2.3 billion on legal costs, not including external fees, during the period, and could be short on reserves for future legal liabilities by as much as $2.3 billion.

On June 29, Bank of America said it agreed to pay $8.5 billion to resolve what it said would be much of the litigation it faced over mortgage-backed securities, and set aside another $5.5 billion for future possible claims.

The agreement with 22 investors including the Federal Reserve Bank of New York, Blackrock Inc, Allianz SE’s Pimco and others, covered mortgages with $174 billion in unpaid principal balance. Still, many investors have challenged the planned payout and disclosures as inadequate.

On a conference call to discuss the agreement, Credit Suisse analyst Moshe Orenbuch asked for further explanation of securities litigation not covered by the deal.

“That will be an ongoing process,” Bank of America Chief Financial Officer Bruce Thompson replied. “And I think if you look at the disclosure and what we have out there, it is pretty fulsome.”

Many large U.S. banks offer limited disclosure about their potential future legal bills.

None of the six biggest U.S. banks have volunteered definitive estimates of future legal costs, exact numbers of lawsuits or the potential damages that plaintiffs seek.

In its most recent quarterly filing, for example, JPMorgan said it is facing more than 10,000 legal proceedings, and that it may have to pay about $5.1 billion more to resolve these claims than the sum it has set aside. What that sum is, it does not say. Citigroup and Wells Fargo have made similar disclosures.

Morgan Stanley has offered legal-loss estimates for a handful of cases, totaling $1.7 billion, while Goldman Sachs lowered its legal-loss estimate by $700 million last quarter to $2 billion, even though it also detailed a slew of new legal and regulatory matters.

Barclays analyst Roger Freeman describes such legal-loss estimates as little more than holding a finger to the wind.

“We do not believe that this represents the realistic expected value of legal liabilities,” he said of Goldman Sachs’ estimate.

Bank of America’s shares dropped 20.3 percent on August 8 when the AIG lawsuit was filed, though many other factors influenced bank stocks that day, including Standard Poor’s downgrade of the United States.

Since that time, its stock recovered only after Buffett — whose Berkshire Hathaway has made several investments in financial firms since 2008 — expressed support with a $5 billion preferred stock investment.

On Monday, the bank said it sold about half its stake in China Construction Bank for $8.3 billion, which also boosted Bank of America’s shares.

But even with the extra capital, Bank of America is sure to face huge legal hurdles over the long term.

“I’m concerned about the litigation, obviously,” said University of Delaware’s Elson, who is also a Bank of America shareholder. “Until it happens, you just don’t know.” (Additional reporting by Jonathan Stempel, Joe Rauch and Ben Berkowitz. Editing by Robert MacMillan)

Article source: http://news.yahoo.com/exclusive-bank-america-kept-aig-legal-threat-under-172453001.html

Legal&en Inv Mgmnt – Form 8.3

SymbolPriceChangeFP.NX33.08-0.08{“s” : “FP.NX”,”k” : “a00,a50,b00,b60,c10,g00,h00,l10,p20,t10,v00″,”o” : “”,”j” : “”}

?

FORM 8.3

PUBLIC OPENING POSITION DISCLOSURE/DEALING DISCLOSURE BY

A PERSON WITH INTERESTS IN RELEVANT SECURITIES REPRESENTING 1% OR MORE

Rule 8.3 of the Takeover Code (the “Code”)

1.

KEY INFORMATION

2.

POSITIONS OF THE PERSON MAKING THE DISCLOSURE

(a) Interests and short positions in the relevant securities of the offeror or offeree to which the disclosure relates following the dealing (if any)

All interests and all short positions should be disclosed.

Details of any open derivative or option positions, or agreements to purchase or sell relevant securities, should be given on a Supplemental Form 8 (Open Positions).

(b) Rights to subscribe for new securities (including directors’ and other executive options)

If there are positions or rights to subscribe to disclose in more than one class of relevant securities of the offeror or offeree named in 1(c), copy table 2(a) or (b) (as appropriate) for each additional class of relevant security.

3.

DEALINGS (IF ANY) BY THE PERSON MAKING THE DISCLOSURE

(a) Purchases and sales

(b) Derivatives transactions (other than options)

(c) Options transactions in respect of existing securities

(i) Writing, selling, purchasing or varying

(ii) Exercising

(d) Other dealings (including subscribing for new securities)

The currency of all prices and other monetary amounts should be stated.

Where there have been dealings in more than one class of relevant securities of the offeror or offeree named in 1(c), copy table 3(a), (b), (c) or (d) (as appropriate) for each additional class of relevant security dealt in.

4.

OTHER INFORMATION

(a) Indemnity and other dealing arrangements

(b) Agreements, arrangements or understandings relating to options or derivatives

(c) Attachments

Public disclosures under Rule 8 of the Code must be made to a Regulatory Information Service and must also be emailed to the Takeover Panel at monitoring@disclosure.org.uk. The Panel’s Market Surveillance Unit is available for consultation in relation to the Code’s dealing disclosure requirements on +44 (0)20 7638 0129.

The Code can be viewed on the Panel’s website at www.thetakeoverpanel.org.uk.

ENDRETLBLFXFVFZBBV

Article source: http://uk.finance.yahoo.com/news/Legal-en-Inv-Mgmnt-Form-8-3-afxcnf-858198659.html?x=0

Legal&en Inv Mgmnt – Form 8.3

SymbolPriceChangeFP.NX33.09-0.08{“s” : “FP.NX”,”k” : “a00,a50,b00,b60,c10,g00,h00,l10,p20,t10,v00″,”o” : “”,”j” : “”}

?

FORM 8.3

PUBLIC OPENING POSITION DISCLOSURE/DEALING DISCLOSURE BY

A PERSON WITH INTERESTS IN RELEVANT SECURITIES REPRESENTING 1% OR MORE

Rule 8.3 of the Takeover Code (the “Code”)

1.

KEY INFORMATION

2.

POSITIONS OF THE PERSON MAKING THE DISCLOSURE

(a) Interests and short positions in the relevant securities of the offeror or offeree to which the disclosure relates following the dealing (if any)

All interests and all short positions should be disclosed.

Details of any open derivative or option positions, or agreements to purchase or sell relevant securities, should be given on a Supplemental Form 8 (Open Positions).

(b) Rights to subscribe for new securities (including directors’ and other executive options)

If there are positions or rights to subscribe to disclose in more than one class of relevant securities of the offeror or offeree named in 1(c), copy table 2(a) or (b) (as appropriate) for each additional class of relevant security.

3.

DEALINGS (IF ANY) BY THE PERSON MAKING THE DISCLOSURE

(a) Purchases and sales

(b) Derivatives transactions (other than options)

(c) Options transactions in respect of existing securities

(i) Writing, selling, purchasing or varying

(ii) Exercising

(d) Other dealings (including subscribing for new securities)

The currency of all prices and other monetary amounts should be stated.

Where there have been dealings in more than one class of relevant securities of the offeror or offeree named in 1(c), copy table 3(a), (b), (c) or (d) (as appropriate) for each additional class of relevant security dealt in.

4.

OTHER INFORMATION

(a) Indemnity and other dealing arrangements

(b) Agreements, arrangements or understandings relating to options or derivatives

(c) Attachments

Public disclosures under Rule 8 of the Code must be made to a Regulatory Information Service and must also be emailed to the Takeover Panel at monitoring@disclosure.org.uk. The Panel’s Market Surveillance Unit is available for consultation in relation to the Code’s dealing disclosure requirements on +44 (0)20 7638 0129.

The Code can be viewed on the Panel’s website at www.thetakeoverpanel.org.uk.

ENDRETBDGDIGUXBGBG

Article source: http://uk.finance.yahoo.com/news/Legal-en-Inv-Mgmnt-Form-8-3-afxcnf-3966902952.html?x=0

Lending a friend some cash? Here’s how not to get burned

Article source: http://www.amny.com/urbanite-1.812039/lending-a-friend-some-cash-here-s-how-not-to-get-burned-1.3130635

SM legal suit deprives opportunities to Negrenses: businessman

Tuesday, August 30, 2011

THE legal suit filed by SM Prime Holdings Incorporated (SMPHI) against the Provincial Government, is depriving the Negrenses and Bacoleños of opportunities, a chamber official said.

Metro Bacolod Chamber of Commerce and Industry (MBCCI) vice president Jose Maria “Boy” Zayco said there could be many opportunities as well as businesses that will be available if the development of the 7.7-hectares Capitol property can be started soon.

Have something to report? Tell us in text, photos or videos.

He said the legal tussle only delays the said development, and prolongs the agony of the Negrenses and Bacoleños who are looking forward to the business as well as job opportunities.

SMPHI filed the legal suit after the Provincial Government awarded the development of the 7.7 hectares Capitol property to Ayala Land Incorporated (ALI).

Between the P2.5 billion investment of SMPHI and the P6 billion of ALI, it is just common sense that anyone will go for the bigger investment, Zayco said.

Zayco also agrees with other sectors and government officials who said that ALI’s Capitol Civic Center will change the landscape of the province in general and the city of Bacolod in particular.

He said members of MBCCI have also expressed their support to Negros Occidental Governor Alfredo Marañon, Jr. as far as his decision on the development of the 7.7 hectares Capitol property is concerned. (Teresa Ellera-Dulla)

Published in the Sun.Star Bacolod newspaper on August 30, 2011.

Article source: http://www.sunstar.com.ph/bacolod/local-news/2011/08/30/sm-legal-suit-deprives-opportunities-negrenses-businessman-176239

Legal filing makes case for Carl Lewis candidacy

Carl Lewis’ political aspirations could wind up being decided by
the arguments made in a legal brief his attorneys filed in U.S.
District Court on Monday.

The 23-page brief filed by attorney William Tambussi lays out
the case for why the nine-time Olympic gold medalist should be
included on the November ballot.

Lewis won an uncontested Democratic primary to become the
party’s candidate for the 8th Legislative District seat held by
Republican Dawn Marie Addiego, but a federal judge still must
decide if he is eligible to run in the general election.

At issue is New Jersey’s four-year residency requirement for
state senators.

Although Lewis grew up in Willingboro, he spent most of his
adult life living in Texas and California. And although records
show he purchased condominiums in Burlington County in 2005, Lewis’
voting record indicates he still voted in California as recently as
2009 and did not register in New Jersey until the day he filed to
run for office.

Largely citing Lewis’ voting record, New Jersey Secretary of
State Kim Guadagno, who is also New Jersey’s Republican lieutenant
governor, ruled in April that Lewis should not be permitted on the
ballot.

Lewis sued to overturn Guadagno’s decision, claiming it violated
his constitutional rights.

A state appellate court and the New Jersey Supreme Court upheld
Guadagno’s ruling, but the U.S. 3rd Circuit of Appeals decided last
spring that Lewis should be permitted to run, pending a full
hearing on the merit and constitutionality of New Jersey’s
requirements, as applied to him.

The ruling allowed Lewis to run successfully in the primary.

In the legal brief, Tambussi argues that the reasons for the
residency rule don’t apply to a well-known New Jersey native like
Lewis and that the 8th District’s voters should be permitted to
decide if Lewis is qualified to hold office.

“There is no harm to any state interest by allowing Lewis on the
ballot,” Tambussi wrote. “Lewis knows the voters, the voters know
him, and he is not a carpetbagger.”

The brief also describes Lewis’ history in the area, his family
ties to the county, and much of his charitable and volunteer work
in the county.

“Lewis is the quintessential New Jersey native son,” Tambussi
wrote. “Moreover, Lewis has been active in giving back to the
people of New Jersey through his volunteerism and charitable
activities well before seeking to be a candidate in the election at
issue. Accordingly, Lewis is not a carpetbagger.”

Both the New Jersey Attorney General’s Office and attorneys
representing the Burlington County Republicans, who originally
filed a complaint challenging Lewis’ candidacy, are permitted to
file a response to Tambussi’s brief. Those briefs are due to the
court Wednesday.

Attorney Mark Sheridan, who represents the Burlington County GOP
in the matter, has argued previously that Lewis’ voting record
affirms that he was a resident of California in 2009 and that he
should not be excused from the state Constitution’s requirements
because he’s famous.

“He either committed tax fraud in New Jersey or voter fraud in
California,” Sheridan said earlier this month about the case.

The U.S. District judge who is deciding the case has tentatively
scheduled a hearing Thursday.

© 2011 phillyBurbs.com . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Article source: http://www.phillyburbs.com/news/local/burlington_county_times_news/legal-filing-makes-case-for-carl-lewis-candidacy/article_7719b39d-0c89-5d87-9d3f-fa60b74a73ee.html

Legal challenge to people-smuggling case

A LAWYER for an alleged people-smuggler is challenging the laws that say his client brought into Australia people who had no legal right to enter the country.

Jeky Payara, 20, has been charged with aggravated people smuggling, a new criminal offence created last year that carries a mandatory five-year sentence.

Mr Payara’s lawyer Saul Holt today told the Victorian County Court his client’s case should be referred to the Victorian Court of Appeal for arguments on a point of law.

Mr Holt told the court that under Australian and international laws, asylum-seekers had the right to come to Australia and seek asylum without a visa.

But prosector Chris Beal said the argument was totally without merit.

Chief Judge Michael Rozenes said it seemed there was a public interest in the argument being heard before a higher court before this case and other trials began.

Start of sidebar. Skip to end of sidebar.

End of sidebar. Return to start of sidebar.

Mr Payara’s case is one of 23 trials involving 53 accused people-smugglers that are expected to be held in Victorian courts because of a backlog of such cases interstate.

Mr Payara has pleaded not guilty.

The hearing is continuing.

AAP

Article source: http://www.theaustralian.com.au/news/nation/legal-challenge-to-people-smuggling-case/story-e6frg6nf-1226125544235

KEVIN RAMBOSK: Collier Sheriff Rambosk answers questions submitted by readers

Rambosk

When Collier County Sheriff Kevin Rambosk was a guest on the Aug. 21 “Naples Daily NewsMakers wth Jeff Lytle’’ program, there were more questions from readers and viewers than could be addressed on the air.

He promised to address the others, and here they are.

The public can submit questions (names are optional) by watching the Daily News for lists of upcoming guests and calling 213-6070; emailing newsmakers@naplesnews.com; or going to naplesnews.com/newsmakers.

The program airs Sunday mornings at 10 on ABC7; video and text highlights are archived at naplesnews.com/newsmakers.

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1. Do you believe there are enough deputies on patrol at any certain time to keep Collier County safe?

This is in light of the pizza delivery man robbery, the two drug store robberies and assorted other crimes. I know I don’t feel as safe as I once did and I have heard that there are less deputies on the roads since you have eliminated so many (200?) positions.

Collier County remains one of the safest counties in all of Florida. In 2010 only 11 Florida counties had a lower crime rate than Collier, and all of them were located in rural areas of the state. Regarding vacant positions, no patrol positions were eliminated. Many vacancies were achieved by consolidating and combining functions. Many more were made possible due to the reduced jail population, which meant that fewer corrections officers were needed.

Technology is also freeing up deputies to spend more time on the road. Citizens can now report certain crimes online rather than having a deputy come to their home or business to fill out a report.

Also, it’s important to note that the pizza delivery robbery turned out to be a hoax, and the individual who reported it was charged accordingly.

2. What do you see as your legacy during your first term? For instance, former Sheriff Don Hunter was very involved in immigration and was out in front of juvenile crime and gangs. I don’t see that kind of involvement from you.

Before I took office I shared with the community many concepts that I planned to work toward as sheriff. Since taking office in January of 2009 those concepts have become accomplishments. The primary areas include but are not limited to community outreach, technology, youth programming and youth safety, and fiscal prudence in the most depressed economic conditions in the last 70 years.

My philosophy of “Community – Safety – Service” is built upon my belief that the safest communities are the ones in which law enforcement builds and maintains partnerships with residents, businesses, organizations and government. For example, while law enforcement agencies typically create their strategic plans in-house, my approach has been to draw the community into the process and offer them input. As a result, our strategic plan, which we call our Community Safety Plan, truly reflects the needs of our community. This approach to strategic planning earned CCSO that prestigious Innovation Award from the Collier County Economic Development Council in 2010.

Hand in hand with this philosophy, I infused a community-based culture throughout the agency. I then sought and achieved the buy-in of residents and businesses.

Our community partnerships have allowed us to increase our level of service despite four consecutive years of budget decreases. With the help of our community partners we have been able to offer Summerfest, CCSO’s most ambitious youth program ever. Summerfest activities provide the young people of Collier County with fun, safe activities over the summer months.

And our partners in the business community are helping us keep Collier County safe in a number of ways. We partner with the Greater Naples Chamber of Commerce to provide retail theft and fraud seminars, and our Crime Prevention Bureau provides safety and security training to their staffs; nearly 70 area retailers partner with CCSO in the Collier County Organized Retail Theft Association to reduce shoplifting and other retail crimes.

Under the umbrella of technology, I have implemented initiatives that enhance communication with the community, provide the community with more services than ever and help deputies spend more time on patrol and less time filling out reports. In the area of community outreach we have launched a new Facebook page; an iPhone application; our web-based television channel, ccso.tv; and our monthly “On Scene” TV show. When it comes to increased information, citizens can now see calls for service almost as they happen through the crime mapping feature on www.colliersheriff.org. The maps display the type, time and location of various calls. Users can also find the addresses and photographs of sexual offenders in their area. And, citizens now have the ability to report certain crimes online through our website. This feature is a convenience to citizens and it frees up deputies to spend more time patrolling.

In the area of youth programming and youth safety, I led the multi-agency creation of the Youth Resource Center, which offers an array of referral services to at-risk youth; I launched Summerfest, the agency’s most ambitious summer program ever; and I have agreed to serve on the DARE America International Executive Law Enforcement Advisory Board to ensure that the DARE curriculum reflects the trends that our deputies are seeing in the community. This summer the Florida DARE Officers Association presented me with the organization’s 2011 Leadership Award in recognition of my ongoing commitment to our community’s youth.

In the area of fiscal prudence, I have reduced the agency’s budget by $20 million since taking office, and I have accomplished this while increasing the level of service and without resorting to furloughs or layoffs. The members of the Sheriff’s Office worked with me to consolidate, reduce and save across the board. I can tell you that everyone needs to be proud of our deputies for their service and dedication.

3. Driving around Collier county, I see many drivers are exceeding posted speed limits by 15 or 20 mph or more. It’s amazing when one of these speeders sees a police car they become better drivers.

Does the Sheriff’s Department receive any revenue from traffic tickets?

Unmarked vehicles should be used. Why not use SUVs?

— Donald Franklin

East Naples

The Collier County Sheriff’s Office does not receive revenue from traffic citations.

Our traffic safety plan involves both marked and unmarked cars, including SUVs. Unmarked vehicles allow deputies to observe driving patterns as if there is no law enforcement presence.

We also value community input when it comes to traffic safety. Motorists can call our ZOOM Hotline at 530-ZOOM (530-9666) to report locations where they’re observing aggressive driving, speeding or other traffic problems. Information left on the ZOOM line is incorporated into traffic enforcement plans.

4. How have you cut the vehicle fleet costs? Do you have a take-home car? Do you use it when you are out of town on personal business, such as vacation? Who has a take-home car? Just patrol deputies?

— Bob Ingram

Naples

As a law enforcement officer and sheriff I do have a take-home car that I use for official duties.

We have reduced the fleet by 10 percent, and therefore cut its operating costs. The Collier County Sheriff’s Office has had a longstanding and fiscally effective take-home car plan for those elements that provide direct service or specific support. For all others there are pool vehicles or assigned vehicles as needed.

5. I don’t see as many traffic cops on Airport-Pulling and Livingston Roads anymore. Is traffic a priority? What is your priority?

Traffic safety is one of our top priorities. We use technology and field enforcement by traffic deputies and road deputies to keep our roads safe. In fact, traffic safety is one of the five primary areas of focus identified in our Community Safety Plan. Florida statistics show Collier County has the lowest crash rate for any county with a population over 200,000 and the seventh lowest fatality rate statewide. When it comes to seat belt compliance, Collier County has the highest rate in the state. An impressive 93 percent of Collier County motorists buckle up. Our organization will continue to ensure safety on our roadways and waterways through enforcement, education, awareness and community partnerships.

We also encourage citizens to call our ZOOM Hotline at 530-ZOOM (530.9666) to report locations where they’re observing aggressive driving, speeding or other traffic problems. Information left on the ZOOM line is incorporated into traffic enforcement plans.

6. Is Sheriff Rambosk still under investigation by the federal government Office of Special Counsel for Hatch Act campaigning-while-on-duty violations? Or is it over?

Regarding the Hatch Act, I am not under investigation by the Office of Special Counsel. If everyone remembers, I proactively requested the federal government’s Office of Special Counsel to review my role and position in the Sheriff’s Office relative to the Hatch Act. As a local candidate for government office I didn’t believe then nor do I believe now that I was impacted by the Hatch Act, which is what many sheriffs throughout the United States believe. Some candidates chose to challenge the Hatch Act interpretation while others chose to take a position that would clearly separate them from any possible impacts to them or their community. I chose to clearly separate in order to eliminate even the most remote possibility of a question.

7. How does police presence not suffer if you are not filling 200 positions? Did former Sheriff Don Hunter, now chief of the Marco Island Police Department, have a bloated agency? If so, how?

Citizens can feel confident that Collier County has a level of police presence that ensures a safe community. No uniformed Patrol positions go unfilled. Many of the 200-plus vacant positions were accomplished by combining and consolidating functions. Many more were achieved due to the reduced jail population, which reduced the number of Corrections officers needed.

Former Sheriff Hunter’s budget was solid and met the needs of the county, which over the last 10 years was one of the fastest growing in the country. Since that growth has stopped we are currently in a virtually unprecedented economic downturn that is requiring governments, businesses and families to redefine the way they allocate their budget dollars.

8. Any idea if there could be consolidation of all police, fire and Emergency Medical Services in Collier? Would Rambosk like to be the consolidated fire chief?

Is he getting rid of K-9? Do we have a meth problem?

I’ve been clear as the Sheriff and prior to that as the Naples Police Chief that consolidation is a self-determining decision for residents of the municipality that it would directly affect. I am not initiating any activity in that direction.

I have no plans to eliminate our K-9 Unit. These dogs are a critical law enforcement tool in Collier County.

Collier County has not seen the problem that some areas of the country have experienced with methamphetamines. Our number one problem locally and throughout the state is the abuse of prescription drugs. Seven people die daily of prescription drug abuse in Florida. CCSO is aggressive with enforcement. Deputies conduct undercover operations aimed at arresting suspected drug users and dealers. They also carry out highway interdictions that target individuals who are trafficking drugs. In the area of drug abuse education, our Youth Relations deputies work with the Collier County School District to provide drug-abuse information to students. The agency also partners with Drug Free Collier in a number of educational programs and works with the Collier County Medical Examiners Office to review overdose cases and determine local drug-abuse trends. Out in the community, deputies speak to homeowner associations and civic groups to educate the community to the signs of drug abuse in family members and encourage them to dispose of unused medicine safely. In addition, deputies educate health-care providers on the signs that a patient may be doctor shopping to obtain prescription drugs that they then abuse or sell for profit. Operation Medicine Cabinet, which is offered through CCSO’s partnership with Drug Free Collier, is a take-back program that that provides residents with safe disposal of unwanted or expired medication. CCSO and Drug Free Collier also offer a permanent drug disposal site in the form of a drop-off box located in the main lobby of CCSO headquarters, Building J, at the county government center.

9. Is crime up or down? Why?

The first six months of 2011 brought an increase in Collier County’s community crime rate compared to the same period last year. There were 3,072 crimes reported in the first half of 2011, compared to 2,901 crimes during the same period in 2010. These numbers represent the categories of homicide, sexual assault, robbery, aggravated assault, burglary, larceny and motor vehicle theft.

I believe that factors such as prescription drug abuse, an uptick in criminals from the state’s east coast striking Collier County targets and neighborhoods that are increasingly transient.

Moving forward, law enforcement and the community working together can absolutely hold the line against crime by working together.

10. Are the 12-hour patrol shifts ever going to end?

We have no plans to end 12-hour patrol shifts at this time, however we are always looking at identifying more effective ways to deploy our resources.

11. Why does it take so long to get internal affairs investigations finished? It seems like they are finished, but kind of hang around waiting for your signature.

A thorough investigation requires the appropriate time to complete. In addition, the process must ensure that the stringent guidelines of the Florida Police Officers’ Bill of Rights, Florida Statute 112.531-535, are observed. It is paramount that the outcome is fair to all parties involved and that any discipline can be successfully defended in the event of a civil lawsuit.

12. What have these youth summer programs accomplished?

Are they a babysitting service for your employees’ children? How are you getting into the neighborhoods and households where kids and teenagers are at risk for bad behavior and Deputy Club or other programs might make a difference?

By the way, the lineup of Hummers, Lexus and other cars at the pick-up points for Deputy Club lead me to believe that these kids aren’t exactly from needy households.

Are we seeing an uptick in crime because deputies are doing these programs and not out patrolling? It seems so.

Our Summerfest programs are keeping our county’s young people involved in safe and fun activities during summer break. Programs like this are particularly critical in a down economy. A shortage of summer jobs means many of our teens have too much idle time. It also means that working families are in need of free and safe activities for their children. In 2010 our deputies made more than 50,000 youth contacts during Summerfest and we are predicting even greater success this year. Deputies are building positive relationships with our community’s youth, teaching them new skills and mentoring them. Summerfest is community policing at its finest.

13. Why do you put off decisions until sometimes it’s too late to accomplish what we wanted to do as an agency? Can you make decisions?

As Sheriff I am called upon to make hundreds of decisions each month, and each one is unique. While some decisions may appear to be a long time in the making, there are a tremendous number of factors that must be weighed and considered with every decision affecting a law enforcement agency of this size. Some of these factors include the safety of our agency members and the community, legal ramifications, financial impacts to the agency and taxpayers, accreditation requirements, operational impacts, and the Policeman’s Bill of Rights.

14. Could you beat Don Hunter in a general election? I think not.

I have always enjoyed a positive working relationship with Chief Don Hunter and I look forward to continuing to collaborate with him in his new capacity on Marco Island.

Article source: http://www.marconews.com/news/2011/aug/29/kevin-rambosk-collier-sheriff-rambosk-answers-ques/?partner=yahoo_feeds