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prospectingnletters · 9 months ago

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Sample Demand Letter: Explanation & Overview

A demand letter is a formal written communication sent by one party to another party to assert legal rights, demand compliance, or seek resolution to a dispute or grievance. This essential document serves as a precursor to legal action and outlines the sender's grievances, demands, and proposed course of action. In this comprehensive guide, we'll provide an explanation and overview of a sample demand letter, including its components, structure, and purpose.

Sample Demand Letter Overview: To better understand the anatomy of a demand letter, let's examine a hypothetical sample demand letter addressed from a contractor, ABC Construction, to a property owner, Mr. Smith, regarding payment for construction services rendered.

[ABC Construction Logo] [Date]

Mr. John Smith [Property Owner's Address] City, State, ZIP Code

Dear Mr. Smith,

Re: Demand for Payment for Construction Services Rendered

I am writing on behalf of ABC Construction to assert our rights and demand payment for construction services provided to you at [Property Address] between [Start Date] and [End Date]. Despite multiple attempts to resolve this matter amicably, we have yet to receive payment for the outstanding balance of $10,000, which remains overdue for [Number of Days/Months].

As per our contractual agreement dated [Contract Date], ABC Construction was engaged to [Brief Description of Services Provided], including but not limited to [List of Specific Services or Deliverables]. The scope of work was completed in accordance with industry standards and specifications, and all necessary permits, licenses, and inspections were obtained and conducted as required by law.

Despite the completion of the agreed-upon work and the issuance of invoices dated [Invoice Dates], payment for the outstanding balance of $10,000 remains outstanding. We have made repeated attempts to contact you via phone, email, and in-person meetings to discuss the matter and request payment, but our efforts have been met with silence and non-response.

In light of the foregoing, we hereby demand payment of the outstanding balance in the amount of $10,000 within [Number of Days] days from the date of this letter. Failure to remit payment by the specified deadline will compel ABC Construction to pursue all available legal remedies, including but not limited to filing a lawsuit to recover the debt owed, seeking statutory interest, and pursuing reimbursement for legal costs and fees incurred.

Please be advised that further delay or non-compliance with this demand may result in additional legal action, which could further escalate the matter and result in additional costs and liabilities for you. We strongly urge you to take immediate action to settle this matter and avoid any further escalation of the situation.

Should you have any questions or require additional information regarding the outstanding balance or the services rendered, please do not hesitate to contact me directly at [ABC Construction Contact Information]. We remain committed to resolving this matter amicably and expeditiously, but prompt payment is essential to avoid further legal action.

Thank you for your attention to this matter. We look forward to receiving payment and bringing this issue to a swift and satisfactory resolution.

Sincerely,

[Signature] [Name of Sender] [Title/Position] ABC Construction

Explanation of Components:

Header: The demand letter begins with the sender's contact information, including the company logo, date of the letter, and the recipient's name and address.

Introduction: The letter opens with a salutation to the recipient and a brief overview of the purpose of the letter, stating the sender's intention to demand payment for construction services rendered.

Background Information: The letter provides context by summarizing the contractual agreement between the parties, including the scope of work, dates of service, and outstanding balance owed.

Demand for Payment: The letter explicitly demands payment of the outstanding balance within a specified timeframe, typically accompanied by a threat of legal action if payment is not received by the deadline.

Consequences of Non-Compliance: The letter warns of the potential consequences of non-compliance with the demand, including legal action, statutory interest, and reimbursement of legal costs and fees.

Offer of Assistance: The letter concludes with an offer of assistance and an invitation for the recipient to contact the sender with any questions or concerns regarding the outstanding balance or services rendered.

Conclusion: A demand letter is a powerful legal tool used to assert rights, demand compliance, and seek resolution to disputes or grievances. By following a structured format and including essential components, such as a clear demand for payment, a deadline for compliance, and a warning of potential legal consequences, a demand letter can effectively communicate the sender's intentions and compel the recipient to take action to resolve the matter. Understanding the components and purpose of a demand letter is essential for businesses and individuals seeking to assert their rights and pursue legal remedies in cases of non-compliance or breach of contract.

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betweentheracks · 4 years ago

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Updates//Recent Inactivity

Hello all! This is me finally taking some time to sit down and offer up a rundown on how life is currently going as a means of explaining my inactivity. This is a personal post that is guaranteed to be both rambling and emotional so if that is not your cup of tea, I understand and happily advise you just skip over this post as it is not relevant to the actual content this blog was intended for.

EDITED: After reading this back I now realize this is really just me spilling the tea on my own life and is laughably dishy in details which is extremely not my usual stance on my personal privacy. But idk, it was cathartic so I'm leaving it as is despite the urge to redact 70% of what I say.

I'll start with the good news that I am officially out of lockdown and have remained COVID-19 free since my return home from the hospital. This also means my son finally was allowed to come home to me which is dazzling and exciting and also a little terrible too. He's at a precocious age where tantrums are the cool way to communicate and having been gone for so long completely thrashing his established routine has caused friction. He came home and his parent was not the same as when he left; is much weaker and less energetic than before, paler and shaky - but also there's the addition of my best friend having moved in to assist and take care of me/him while we all do our best to muddle through.

The readjustment has been rough and a lot of this week has made me incredibly thankful to have practically zero memory of how I was as a child. There have been injuries: I have been whacked in the face with the metal cover for a floor vent while dozing on the sofa instead of paying rapt attention to whatever silliness he was showing off to me, there was his complete dismissal of me asking him to stay back and away from the hot oven as I pulled lunch from it's fiery jaws only to then be faced with a toddler quickly approaching with his hand raised to touch so I naturally made a move to block him and in the process I let go of the oven door which slammed upward and clamped my arm tightly between it and the inside cavern of the oven while it was set to a roasty 400 degrees Fahrenheit - earning me a mangled arm with burns of varying degrees, and then we also had that fit where it seemed like a much more grand idea to scale the babygate cordoning the stairs and I had to rush up them to stop him from tumbling face first down two flights and of course did the falling all on my own and did it backwards then slammed painfully into the wall of the landing. This all happened within a 48hr time frame and makes me wonder why I am so catastrophically inclined.

I have bruises that range the majority of my spine courtesy of the wall and stairs, two minor first degree burns on my forearm that are in the shape of an equals and quite large despite the lack of actual pain I feel from them, and the underside of my forearm was instantly blistered then popped then melted down into a horrid glob of skin mush and sticky red-orange and is a second degree burn that I have been assured is no real cause for concern as long as I tend it with care. In all, I managed to escape my momjuries relatively unscathed and with a child that was scared senseless at having hurt his momma and is quick to listen and never stops cuddling me in the time since. Here's hoping he isn't significantly traumatized from this since exactly none of this is especially his fault and is due to my clumsy, accident-prone status in life.

So yes, The Toddler has returned home to me and after some happenings we have settled and are happy. However, his blast from the past father has suddenly just decided to reemerge after more than a year of radio silence and static and has slapped me with a custody petition. Hooray. While I have no worries on this matter due to my mother working for one of the top custody lawyers in the state and snagging him as my representation, and the utter lack of competency on my estranged baby daddy's end clearly being displayed in literally anything and everything the idiot does/says, I do have to now go through the overhaul of a custody case and that is just so weak and exhaustive. Not to mention the basis of his claims that I am not fit to raise a child are founded in my health concerns and the crazy work schedule I keep; ironically, my health is making it so that I have much less insane hours and makes this fairly moot but to each their own I guess. Also worth noting on this matter is that he only did this now because he was recently placed under penalty for child support back pay and nothing in this world matters to him like his money and this is his special way of getting one over on me for tampering with his meager earnings. (He's a wannabe musician - the soundcloud rapper sort, just so we are all on the same page here). If I thought for even a second this was a genuine desire to be an active and stable parent I would be a lot less pressed to act in favor of making it legally binding that he can only see him under a supervisory condition and share time evenly, but it just is not believable in the slightest.

So the thing is - my health is actually quite dismal presently. I'm due in for open heart surgery on the 8th of April and until then I have been doing my utmost to mind all the nagging I get from doctors, PT specialists, the surgeons that will be slicing and dicing me, and my in-family medical practitioner that sometimes remembers he is also my brother and not just an MD. But like, you guys, this surgery is terrifying and technically is two surgeries rolled into one. They'll be cracking my chest open and then stopping my heart while they lift it from where it sits sweetly unhinged and lopsided in my body and very finely shave away some of the excess muscle that has built up around the wall of my heart as well as some unfriendly scar tissue that has lingered since my last surgery years ago. Granted there is no accidental slip that nicks my ugly gargantuan heart and renders me as good as dead, once this first part is finished the other surgeon will need to be deft and very quick to place this ventricular assisting piece in the valve that has all but given up on functioning altogether and do so in the time remaining before the time limit for my heart being essentially unplugged from by body is up, which would also feasibly mean my death. Lots of exciting and terrible sounding consequences, am I right?

Well let's bear it in mind that I am just below 30 in age and therefore not duly experienced in the realm of facing down my own mortality via making all necessary legal arrangements and managing my affairs and assets so that, in event of my untimely death, the custody case still doesn't stand a chance of snatching my son away to the sad misfortune of being raised by a man that has stated openly he only has interest in his kids so far as what they can do for him/get for him in terms of benefit and that he would be unwilling to be hypocritical and never deter his children from drugs and a lifestyle of extremely questionable moral integrity and hygiene alike. Eugh. But I also have had to make sure there is a DNR in place just in case things go wrong during the operation, my will has also been finalized and notarized, all my savings and financial/material assets have been squared away to come into my child's inheritance when he is of age and, most importantly, a document that states clear and direct instructions for him to be placed in care of my mother or, if she is unwilling or incapable, he will be under custodial order and guardianship of my best friend whom he has always viewed as a pseudo-dad anyway. Legally binding and even in light of the paternity petition this document supersedes parental right by way of the provided evidence I have submitted to prove a lack of parental credibility. That's right, I spent days lowkey stalking and sleuthing about to capture what I needed to show this man for what he actually is and I have precisely zero guilt or shame for doing it; this is my child on the line and that means momma doesn't have to play by the rules of snitches getting stitches or whatever other scary street rules he tosses at me as idle threats. (He's done this routinely for all the years I have known him, and it is somehow both pathetic and hilarious because he knows for a fact that, if I wanted, I could throttle him in less time than it would take for him to form a rational thought between his drug soaked braincells - I was also a person of less than savory character not too long ago and can handle myself very well. But I digress because I am losing my track of thought.

After the surgery I will have so damn much PT and rehab, all of which will be specific to varying parts of my body that will need to be reworked and strengthened. Weeks, months of it really. This surgery is major and hits heavy enough that I will be in the hospital for at least 10-14 days just recovering from it without taking into consideration any number of complications that could pop up. Hell, if they get in there and find a situation worse than they currently have an understanding of in the limited capacity of cardiology tech can provide of such a gnarled beastly heart and realize they can't really do anything with it after all, I'll be added to the transplant list. I think this is more daunting to consider than the surgery, honestly.

In that way that doctors have about them, I was "comforted" by being informed that this was an inevitability and I would have been faced with this in a matter of years - less than a handful actually - but the way COVID-19 chewed through me sped it up. I'm sure my years of substance issues were also very helpful in this endeavor, but either way I still am unsure whether I feel better knowing this or not? Mostly I think I feel conflicted and hopeful tempered with the caution of life being super shady in the ways it has often brought me to the doorsteps of dying in situations that seem like odd chance. I also am gifted with being so capable in jinxing myself that I brought myself to COVID-19 ("The way life is going I'll probably square up with Rona next week or some bullshit." Positive test flagged within the following week) and also into labor ("Watch me go into labor on Labor Day since that would be the sort of universal pun that would strike my bad penny having ass." Indeed hatched my youngling on Labor Day of that year) by saying some things within the scope of my bad humor that instantly manifested as reality so I'm not taking any risks here lol.

The gist is that life is really stirring up the winds over here and so I haven't been online and posting anything that would make my blog valid in a fat minute. I do apologize for this and also for the fact that this post took me nearly a week to type up, but when things calm a little I will be back in full. For the time being I will be sporadic and do what I can when I can!

Thanks to anyone that read this mess all the way here! And a big thank you to all of you still supporting me!

#racks chats #entirely too long and too personal

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akirakurusuimagines · 5 years ago

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Magic in the Air

@p5auweek day three: Fantasy AU // Thank you so much to @askkrisachan for the wonderful idea!! I hope that I did it justice!!!

“How dare you.”

Akira looked up from his latest book, slightly surprised to see you barge into his quaint shop in one of the city’s many dark alleyways, fuming so much he almost thought you would burst into flames. He pushed up his glasses, the large rims hiding his eyes. “Excuse me?”

He watched as you stormed up to him, slamming your hands down on the counter top scattered with trinkets and used mugs he was resting his feet on. Akira just barely caught his fresh cup of coffee before it spilled, making sure it settled down before it ruined any important documents he had scattered around.

“A couple days ago, you sold some students a set of faulty potions!” You leaned in towards the dark mage, though his face was slightly hidden from his large hat, you held the sneer on your face while your relentless rage boiled over. “They had to be admitted to the medical ward because of it!”

Akira’s eyebrows furrowed at the news, his lips pursed in a thin line as he attempted to recall such students. Ah, that’s right. He recognized that uniform of yours. It was one of several schools of magic that occupied the town. He couldn’t say he was surprised by that outcome, but the potions weren’t the ones to blame. “None of my wares are faulty,” Akira explained with a cool tone, “your friends must’ve mishandled it. Therefore I have nothing to do with it.”

You weren’t going to just accept that, of course. They were your friends, after all, and you wanted answers and compensation. “You can’t guarantee that!” you argued, “They told me you sold them a love potion⁠—”

“I don’t make love potions,” Akira corrected you, taking a sip of his coffee. This was tiring him already; he only wished to continue reading the text he bought. “They came to me in search of a way to cheat on their exam. I told them the consequences of doing so, and clearly they didn’t listen.”

“What?”

Akira sighed and pulled his hat off, tossing it aside, yet somehow landing it perfectly on the hook that hung from the wall. Simple magic. He pulled his legs off of the table and adjusted himself so his elbows rested on the counter and his chin rested on his knuckles. “It’s admirable that you trust your friends so much, but you should still do some of your own research before you come barging into someone’s shop, accusing them of something they didn’t do. Luckily, I didn’t have any customers. Otherwise, things wouldn’t have been pretty. Do you understand?”

You gawked at the mage, baffled at his bold words, staring at him for several silent moments. You hadn’t noticed before, but he was just around your age⁠— there was no doubt about it⁠— and yet he’s already become a clearly powerful mage with his own shop in a very prominent city, despite the stigma against those of his dominion. Not to mention he was attractive, but you’d never let yourself be caught saying that to him. Clearing your throat, you attempted to regain your bearings. “It was your fault for selling them something that you knew would backfire on them! They deserve a refund!”

He had the audacity to chuckle at your desperate attempt to not look like a complete fool. He gestured to the small sign next to himself, detailing the conditions about purchasing from his shop. “No refunds, especially because you aren’t them. You have no proof that they sent you here to collect a refund, and if you somehow did get legal documentation, I still wouldn’t provide you with a refund on the count that they did misuse my magic. I had warned them explicitly before they purchased it, so they have no one but themselves to blame.”

“Even so⁠—!”

“Please leave, my answer will not change, and I’d like to get back to reading,” he held his gentle tone, but the glare from behind his glasses sent a shiver down your spine. He didn’t want to use magic or brute force against you to make you leave, but he will if he deems it necessary.

“Oh no, we’re not done here!” you argued, still upset that he took advantage of your friends in such a manner. You didn’t exactly know you were going to say, the way he continuously maneuvered around your words was only making you more and more upset, and yet, you lunged over and gripped the mage by the collar of his cloak, yanking him a little too close.

The words that flew from your lips were ones you didn’t even recognize, flying too fast for you to notice, too overcome by your emotions to notice the panicked look on the mage’s face as your inexperienced abilities spiraled out of control. Your eyes shifted into a shimmering marigold, barely paying attention to the words that left the dark mage as his glasses flew off his face and hair was tossed every which way, a hefty storm brewing within the walls of his shop.

Akira hadn’t recognized the signs until it was too late, realizing that he should’ve known that a student of magic wouldn’t be able to control it when under extreme emotional turmoil, yet he’s never seen unhinged magic from a student be this powerful before. He winced as he heard glass shatter and books fly from their shelves, his neat, though curious shop becoming ruined from your magic. It took him a second to remember the proper counteraction, his hands being frozen in place by the same winds that deafened his ears, yet he still managed to bellow his words out loudly enough to stop your incantations, silencing you and watching as the marigold faded from your eyes, leaving your normal eye color in its place.

You stumbled back, letting go of Akira’s coat and falling on your ass, body trembling with exhaustion and eyes wide with horror as you realized what you had done. “I⁠—” you began, one of your hands coming to cover your mouth as the reality of the situation set in, looking around the now-miserable shop, dread filling every pore in your body. “I’m so sorry, I didn’t… I didn’t…” You began to apologize over and over, feeling terrible for what you had done, even if it was unintentional. This has never happened before, you don’t know why it did now, but any sane person would call the police on you⁠—

“Relax,” he was suddenly in front of you, taking one of your hands, frowning as he turned your palm to face up, seeing blood trickle down your arm. You were numb, you had no idea you had gotten cut, though considering you were essentially sitting on a pile of glass, it was to be expected. “I’m not going to report you or anything.”

You stared up at the mage in disbelief. Frankly, you thought he would do anything to get you out of his hair. “Why?”

“Because you’re still a student. You clearly didn’t mean to. You came to me because you were worried and angry over what happened to your friends,” he explained, focused on healing the wound on your hand. His leather-covered fingers grazed over the cut, the crimson blending in with your blood, seemingly absorbing it, leaving nothing but light pink skin where the cut once was.

“But… I…”

He looked up and offered you a smile. You only noticed then how gorgeous his eyes were, but this was no time for you to admire him. “If it makes you feel better, I have no intentions of letting you disappear now that my shop is in shambles,” he watched as you turned your face away, ashamed, “You’ll work here part time until you can pay off everything that you’ve damaged. In exchange, I’ll also give you some sparse lessons. I’ve never seen anything like your magic before.”

You, frankly, couldn’t believe what you were hearing. Was he insane? Were all dark mages this forgiving? Still, it was a relief to hear that you wouldn’t be punished extremely for this. You could manage a part time job, besides, how long would you need to stay there for anyways? A month at most, probably. “Alright…”

Akira stood up and offered you his hand, feeling much warmer than he had when you first oh so rudely burst into his shop. After a moment of hesitation, you took it, feeling a rush of energy from him as he sealed the agreement between the two of you while pulling you up onto your feel.

You were mesmerized at the chain that slowly tattooed itself onto your wrist. It wasn’t painful in any way, leaving only warmth in its wake. “What is this?”

“A physical memento of our deal,” he explained, “that way you won’t skimp out on me.”

You scoffed at him, though you were very grateful for the way he made you feel better, despite you ruining much of his work. “Fine, fine… but can I at least have your name, since I’ll be working for you?”

“Just call me Akira. Or⁠— you could call me master, whatever suits you,” the cheeky mage said with a wink as he made his way into behind the counter once more, picking up an old-fashioned broom and tossing it over to you.

You stumbled for a second before catching it completely in your arms, staring at him quizzically. You expected him to wave his hands around and restore everything to its former glory, considering how versatile his magic seemed to be, but clearly he had other plans. He hadn’t even asked for your name before he started to put you to work! “By the way, my name is⁠—”

“I don’t need it,” he cut you off. “You’re my apprentice now, so it’s only natural that I should call you that.” Akira cleaned off his seat and sat down in it, looking at you with a mischievous glint in his eyes. “You should start cleaning before it starts getting dark,” he mused, looking at his now-cold coffee before frowning for a moment, seeing a shard of glass floating on the surface. It was easily remedied with a snap of his fingers, getting comfortable in his chair with his book once more, with a fresh cup of magically-brewed coffee.

Gripping onto the broom tightly, you were astonished, but couldn’t raise your voice against it, slightly fearing a second wave of your fury would erupt. Might take some time to get over that, regardless of how comfortable your new boss was trying to make you. “You’re cruel,” you grumbled under your breath, stealing one more glance at him before getting to work, sweeping up the glass that surrounded your feet and glistened in the candlelight of the shop.

When he was certain you weren’t paying any attention to him, Akira slumped in his chair, a sigh passing through his lips. He wasn’t expecting something like this to occur, and yet… there was something about you that intrigued him. So passionate, full of life and magic, he wondered where your journey would take you, especially if you managed to cross paths with someone cursed like him. His lips curled into a slight smile as he returned his attention to his book, turning the page and happening upon the chapter labeled Love Potions, Relationship Hexes, and More while you silently swept away. This would be an interesting experience indeed.

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memrie · 4 years ago

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Providential Experiences Before Med School Start

By February of this year, I have already completed the requirements that a graduating undergraduate student must submit to AUP-COM. But honestly, I was very hesitant, and I did not passed it right away. My mind was full of doubts considering the economic status of my family and the challenges to go through medical school, especially AUP. There were times that I was thinking of going to a state university or not to go to medical school, and go find a permanent job instead. It had been months actually that those thoughts kept on bothering me. In other words, I was like a lost boat without clear direction and was tossed to and fro by the wind.

This wavering thoughts was challenged the more when the global pandemic, covid-19, arrived and caused lock down all over the country. Instead of becoming decided to just set aside the thought of going to medical school, I was more bothered of not going to med school. The more I stayed on the undecided ground, the more I felt and experienced that I was being drawn farther and farther from Jesus.

And so, I prayed. I beg the Lord in tears to guide me and teach me in the way I should go. Well, from the very start it was already clear to me where does He wants me to go. It is just that my faith does not suffice the hugeness of the challenge and the needs for med school. Therefore, upon weighing cons and fros of going to med school and not going to med school, I decided to go. The weightiest reason of continuing to med school despite the seemingly impossible (as for me, but not for the Lord) situation is that I fear that I might completely lost Jesus in my life the moment I willfully decide to disobey Him.

That was already second week of July when I started to chat the COM secretary about the changes in requirements because I have already graduated. Mind you, Wednesday of the following week is the deadline of application. I was kinda worried that things won’t turn out fine because some of my necessary documents were left in Puting Kahoy. But when the secretary replied, it’s really amazing to find out that the documents that was left in PK were exactly the documents that was no longer needed to be submitted. It appealed to my amazement because at that moment there were no public transportation available for me to get my documents from PK. The documents that I needed next are to be processed from RAO; the documents are TOR and Certificate of Completion which would take quite some time to be received, and without a definite date. Thankfully, I have a friend named Elyzza, who helped me process it faster and payed the documents initially, because banks are far from home. The processing continue and I had to wait the following week for its arrival.

By Thursday of that second week, I realized that my medical tests and certificates already expired. I have to go to the town proper to do the testing, yet my monthly menstrual cycle arrived. Can you imagine my disappointment that it has to come by then when I badly needed the medical laboratory tests. I had to wait for atleast 4 days so I can have the test and the medical certificate.

The fourth day fell on Monday, July 13. In the morning, I went to the town clinic and hospital and no doctors were available to sign me a request for the lab test and x-ray. I went back in the afternoon and still the doctor is in a meeting. I waited until 2pm. Maybe the nurses got tired of me asking for the requests; one of the nurses (I didn’t realized it that time) signed the request for me (that’s not a legal process. haha). Anyway, I was able to do the lab test and the x-ray, but the result of the x-ray would be available 2 days after. Two days after means that will be Wednesday, the deadline day of application.

Again, I went to the town proper ion that Wednesday morning, took the x-ray result, looked for a doctor to issue me the medical certificate. Again, there’s no doctor available. Having tried to go to other hospital and clinic, I got an opportunity. While waiting, I went to look for a notary office for the non-fraternity involvement document. I was blessed and fortunate to find one with kind staffs. As I went back to the clinic, the secretary told me that the doctor did not issue me a medical certificate because there is something wrong with my urinalysis. I wasn’t able to talk to the doctor for he left already, so I had to find another clinic. Unfortunately, there was a cut of power supply since the morning and that clinic has no generator that is needed to run their facility. I tried to find some ways but I did not come up to any solution. So, I just went to the terminal to catch the trip back home. That was already almost 4pm of July 15, the last day of submission that would close at 5pm. While waiting for other passengers, I sat on one of the benches and prayed. I talked to God earnestly and told Him that this matter of applying to med school is between me and Him. I asked Him what really is His plan.

It was already 4pm when the power supply went back and I jumped from my seat and decided to go back to the clinic. I waited on the line for some minutes and later had a time with the doctor on duty. He’s kind and I believe that God purposed it that he would be the doctor on duty, because I later found out that there was really something low in the urine test result but he issued me a medical certificate anyway, and without a professional fee.

After that,I run to the nearest computer shop to scan all my documents. Just before 5pm (the deadline of application and the last trip of van on the way home), I successfully and joyfully submitted everything. Praise God!

I have noticed that along this 1 week of loaded experience and testimonies, there is a pattern; the Lord provided just as needed, and He worked out ways beyond my capacity.

This was just the first week. I jumped aboard by faith, have to sail by faith, and live by faith along the continuing journey. I praise and thank God for those who prayed with me and never left my side. I praise Him the more for my childhood best friend, Jesus; He never leave me nor forsake me, despite the numerous times that I’d lived a life denying Him before many. Thank you, Jesus.

The boat is not yet far from shore, and I have already decided to go wherever Jesus is leading me. I don’t think I have the chance to leave the boat (haha) nor will it cause me any good to leave Jesus here. Continually requesting that your prayers, families and friends, will sail with me until we reach our destination. Shalom!

#JumpedAboardByFaith_SailByFaith_LiveByFaith

#TalaNgHimala-medisina

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azerarosewritingco-blog · 5 years ago

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Essay Prompt: Name The Founding Father You Believed Was Most Influential in Shaping The Government

Most Influential Founding Father: Patrick Henry

Introduction

The constitution was signed on September 17th of the year 1787 in Pennsylvania. It was ratified on December 7th by five out of the nine states needed to bind it. It was February of 1788 when the states who opposed it made a deal to agree to ratify the document only if amendments would be proposed to address the concerns of the protection of basic political rights. The government finally began to run under the new constitution in March of 1789 and amendments followed soon after. Various men were a part of the revolution which led to creating this document and implementing it into American society, these men we refer to as “The Founding Fathers.” The Founding Father I believe had the most impact on shaping our government was Patrick Henry for several reasons based on his contributions during that period.

Contributions and Their Significance on Government and Society

“Give me liberty or give me death is a well-known line from Patrick Henry” (History.com, 2019). Henry can be described as a prominent figure during the revolution that always stood up for what he believed in. That example of his character alone would have an influence on others around him that also contributed to shaping the government as we know it. During the revolution, he was known for speaking up to Great Britain, and he also pushed greatly for the addition of the Bill of Rights to the Constitution. Henry did not agree with the constitution originally so he believed the Bill of Rights would address some of the issues with the constitution alone. Although the constitution was the basis for establishing an order to society, I think that those who opposed letting it be the only set of guidelines are the people who prevented the power from only lying in the hands of a couple of voices that would have caused issues later down the line. Overall, Henry is known for being the one to “fire up” the country to fight for the society they wanted to live in, while also allowing a line of power to help guide the citizens into a new way of living.

Another contribution that Henry brought to the formation of our government was that he was not just a politician, but he was also a lawyer. “His first major legal case was the Parson’s Cause that took place in 1763 and was considered one of the first legal attempts to challenge the power that England held over the American colonies” (History.com, 2018). This case was one of the beginning legal aspects of what began the fight for freedom and eventually shaped the signing of the constitution and the amendments that followed since. Henry also contributed using his legal expertise by pushing for a stance against the taxation caused by the stamp act. According to History.com and their explanation of Patrick Henry’s history, in the speech to address the taxation issues Henry exclaimed that the king of England would be subjected to the same fate as Julius Caesar if he was to continue oppressing the colonies. This elicited a spark that added to the fueling tension between the colonies and their ruler.

As for his fight against the constitution as an anti-federalist, Henry was also a key figure in the creation of The Bill of Rights. The Bill of Rights is what kept the power of the leading figures to a certain threshold so that fears of a monarchy would not eventually become a problem. The Bill of Rights is also what protects our liberties and allowed us the freedoms that we have today. Henry wrote several papers that opposed the constitution and fought for the rights of the people. As Virginia’s first governor beginning in 1776, Henry had a substantial audience to have his voice and influence acknowledged. “Henry’s anti-federalist movement stemmed from him being appalled that the new people in power were making the same mistakes that were bound to lead to similar outcomes for the people” (Thomas Kidd, 2017). He rebelled against the control the government was trying to impose, as those in power sometimes unintentionally let it get to their head and need balanced, and made certain that history would not repeat itself. This concept can be shown in his statement “show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men without a consequent loss of liberty! I say that the loss of that dearest privilege has ever followed, with absolute certainty, every such mad attempt” (Bill of Rights Institute, n.d). This quote by Henry questions the people to show one instance where someone with too much power did not result in the loss of liberties and to plead to not let it happen in this situation. On a wider scale, his leadership in this movement is what allows us today to be considered free as many times an unequal balance of power can often result in control and loss of independence. This idea that power needs balanced would become a concept that later led to the different branches of government and onto how bills, laws, and policies would be implemented.

Although Henry sometimes opposed the colonial leaders, he was still able to put his own opinions aside to help them in the fight against British policies. This shows that one contribution Henry also made to the shaping of the government was the ability to fight for the same cause even with those he sometimes fought against. This was a good example to the people that at that time there needed to be a revolution and they all needed to come together, despite any feelings they had towards one another to accomplish the goal of freedom. The ability to be clear-headed and not let emotions blur the root cause shows that Henry was truly a fantastic leader and gifted in his ability to model the vision that many shared of freedom and a reasonable government that allows them their necessary rights. A lot of the contributions Henry made were through speech and sophistication with his character showing that he was a great option to lead the people with his mind to the freedom we experience now.

Conclusion

“Patrick Henry indirectly contributed again as his passionate speech of ‘give me liberty or give me death’ was able to convince those in attendance of the Second Virginia Convention to initiate preparing the troops to commence war on Great Britain” (History.com, 2018). His influence on people was so strong that he was able to provide the push that the leaders needed to begin strategizing their plan to achieve independence. This is another example to support the idea that Patrick Henry was highly influential in this event but he is not often one that we choose to consider. Although there were others, such as George Washington and Thomas Jefferson that contributed strongly to our independence and the shaping of our government, Patrick Henry was the voice that gave people the courage and passion they needed to fight for what they want.

Without Patrick Henry and the contributions that he made, history could have gone a lot differently. There always needs to be a voice in situations like these, that encourage and push those who need it to have the courage to do what they have to do. We tend to pride people based on what action they take but often forget about the people that pushed them into action. An equal balance of action and encouragement was provided by this figure in history that helped shape our way into our society today. Starting with his influential speeches and background of political knowledge, as well as legal, he was able to use his mind and willpower to fight for the vision he had for what we now refer to as America. It takes a strong character and passionate mind to be able to move people in a way that they find it within themselves to fight or make hard decisions like declaring a war where many people will be at risk. Patrick Henry standing up for what he believes in makes me believe that he was one of the most impactful figures in shaping our government.

Bibliography

History.com Editors. “Patrick Henry.” History.com, A&E Television Networks, 9 Nov. 2009, https://www.history.com/topics/american-revolution/patrick-henry.

Kelly, Martin. “America's Most Influential Founding Fathers.” ThoughtCo, ThoughtCo, 23 May 2019, https://www.thoughtco.com/top-founding-fathers-104878.

“Patrick Henry.” Bill of Rights Institute, https://billofrightsinstitute.org/educate/educator-resources/founders/patrick-henry/.

“U.S. Constitution Signed.” History.com, A&E Television Networks, 9 Feb. 2010, https://www.history.com/this-day-in-history/u-s-constitution-signed.

“Why Did Patrick Henry Oppose the Constitution? ~ The Imaginative Conservative.” The Imaginative Conservative, 30 Oct. 2018, https://theimaginativeconservative.org/2017/03/patrick-henry-constitution-thomas-kidd-timeless.html.

DO NOT copy or action will be taken against you, thanks :)

#azerarosewritingco #portfolio example #essay writing example #portfolio #academic

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canaryatlaw · 4 years ago

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okay it’s late I’m tired you know the drill. today was alright I guess, court was somewhat unusual because it was the case we had to withdraw from which I was super unhappy about because I *really* wanted to help her, but thankfully we were able to set her up with new counsel who was on the call this morning and we smoothly transferred him into being the lawyer on the case now since there was procedural issues beyond my control. I did get to speak to the new lawyer before we got called into court since they put us in the same breakout room (which I had requested but I’m pretty sure they were already planning on doing so) so I was able to catch him up on what’s happened in the case so far and what our major concerns have been at this point, so that was good and I said I’d send him over any other documents we have that hadn’t been shared yet. He was a pretty nice guy, we started talking about more general legal aid things (as he was from another legal aid organization, and he was telling me one of the areas is covers are expunges, and how they were trying to gear up for the flood of marijuana based charges that have essentially been tossed by the new law, but so so many people have stupid pot charges on their records that they should absolutely be able to expunge, and it sounded like they were making good progress on that so that was good to hear. Not long before we got called into the courtroom I got a call from OC who was in a tizzy that there was suddenly another lawyer claiming to be on the case, despite me laying out our intentions very clearly last court date, but tbh it seemed like he was having issues getting things at that point either. So I briefly explained and he was a little grumpy he didn’t receive advanced notice (as in a filed motion) for a withdrawal or appearance, neither of which were required to be done in that situation, so I was just like okay whatever let’s just get through this case and hopefully I’ll never have to speak to him again. honestly I was really disappointed in him working on the case. whenever we get a lawyer on the other side of the case I generally google them just to see what their background is, because there aren’t any lawyers who specialize in OPs or really has them as a large portion of their work, so we end up getting divorce lawyers or criminal defense lawyers or whoever else wanted to give this a try. So I googled him and was actually really impressed with his bio, it talked about being a GAL (position from the office I spend a year interning with) on some child centered cases and all around sounded like a decent guy and a fairly competent lawyer, and even in my first call with him he seemed very concerned about things and just wanted to work them all out, only for me to go to my client and find out pretty much everything he said was straight up bs, and it just kept going there. BUT ANYWAY. we said all the necessary words in court to get everything done, and that was it. I had to run back to the clinic line then because I was supervising for the day (great timing, I know) and had to wrangle some volunteers onto a case that needed a translator which always makes everything that much more complicated, and at first it looked like none of our employees who can serve as translators were available, at which point we’d have to call the “language line” which is part of the DV hotline for IL and for situations like this they can provide a translator for really a huge amount of languages, several of which I hadn’t even heard of before, and they’re great but with multiple parties on the line figuring it all out I knew it would be difficult. thankfully one of our translators ended up being available to get it all started. it had a few bumps but looked good at the end, except when they tried to send the paperwork over the volunteer working the case’s laptop apparently crashed and she wasn’t able to send us the forms (we had the affidavit, though that also needed to be restructured because it was that intern’s first case to work on). Okay so whatever, they’ll just have to redo tomorrow, which sucks but it is what it is and technically is not my problem at this point, but my work buddy is supervisor tomorrow so I’m not gonna just drop everything on him and tell him to take care of it. so we’ll see what tomorrow brings with that. we also had a case slide in between all of that, it was one of our very experienced and competent volunteer attorneys and the case was just 1 incident and no kids in common (if there are kids, the forms are legit twice as long to fill out), so she had it back to me in like an hour, which I’m pretty sure is the quickest turnover time I’ve seen so far so major props to her. After some confusion we got that filed by the deadline, but at 4:50 I got a call from the court saying they were backed up and there were already ten people lined up to do it right now so they pushed it to tomorrow morning, which I can hopefully make sure everything goes as planned. and oof I’m so dead I can’t keep my eyes open, curse my verbosity and attention to details. but after I finished work not much happened, I made ramen for dinner and watched more Psych and that was pretty much it, and I really need to go to bed so I’m going to do that now. Goodnight friends. Hope your week is going well so far.

#daily journal #September 2020 #this is way longer than it should've been but that's my writing style

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newstechreviews · 5 years ago

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Scott Warren, a geographer and humanitarian aid worker based in southern Arizona, has been found not guilty on two counts of harboring unauthorized migrants in a case that has gained international attention and called into question the role of humanitarian aid during a time of contentious crackdown on immigration by the federal government.

The 37-year-old had been facing up to ten years in prison. “The government failed in its attempt to criminalize basic human kindness,” Warren told a crowd gathered outside the courthouse in Tucson, Ariz. after the announcement of the verdict. “Everyone here did diligent, detailed and amazing work… I love you all.”

He was arrested on Jan. 17, 2018 by Border Patrol agents who had been surveilling a base used by humanitarian aid groups in Ajo, Ariz. that leave out water and food for migrants who make the deadly, and unauthorized, trek across the Sonoran Desert. The desert has claimed the lives of at least 7,000 migrants who have tried to cross it since the 1990s. Warren first started volunteering six years ago with the group No More Deaths.

“Yet again, No More Deaths has withstood the government’s attempts to criminalize basic human compassion,” wrote No More Deaths in a tweet. “We will continue to provide food, water, and medical aid to all those who need it, until the day that no one dies or disappears while crossing the deserts and oceans of the world.”

BREAKING: Dr. Scott Warren found NOT GUILTY on all charges for providing food, water, shelter, and medical care to two undocumented men. Yet again, No More Deaths has withstood the government’s attempts to criminalize basic human compassion.

— No More Deaths (@NoMoreDeaths) November 20, 2019

On the day of his arrest, Border Patrol agents found Warren with two migrants from Central America. Warren said that he gave them shelter, food and first aid. However, the Border Patrol agents claimed Warren was helping the migrants evade custody and prosecutors charged Warren with two counts of harboring undocumented immigrants and one count of conspiracy to harbor and transport. After facing trial in June, a jury failed to reach a verdict and the government sought a retrial that dropped the conspiracy charge. After a 6-day retrial in Tucson, Ariz., that began Nov. 12 — during which Judge Raner Collins prohibited the mention of President Donald Trump or the Administration’s policies — a 16-member jury found Warren not guilty after about two hours of deliberation.

Warren also faced two misdemeanor charges, including abandonment of property for leaving water in the desert and for operating a motor vehicle on a wilderness refuge. Judge Collins has reportedly acquitted Warren of the abandonment charge, but he might still face legal consequences for the charge of operating a vehicle.

Warren faced 20 years in prison during the previous 9-day trial for his felony charges that ended in a hung jury. The federal government immediately requested a retrial and reduced the penalty to 10 years.

Warren, who sat down with TIME for an interview in September, says he has only acted out of empathy, motivated by his religious beliefs.

“You have blisters, you’re dehydrated, you’re cold, you’re hot, you’re tired — of course I’m going to provide that care, provide that relief,” Warren said. “It’s a little different than like going and protesting the wall being built.”

But prosecutors argued Warren knowingly assisted the migrants in hiding from Border Patrol. In sworn testimony during both trials, the two agents who arrested Warren said they saw him talking to the migrants and gesturing toward areas of the desert where they are less likely to be arrested by Border Patrol. Warren denied that claim, saying he was helping to orient the men to ensure they didn’t wander into more dangerous and deadly terrain.

The case has ramifications that go beyond Warren’s verdict.

“The government certainly wants to send a strong message to people who are providing aid to migrants,” Katherine Franke, professor of law at Columbia University and faculty director of the school’s Law, Rights and Religion Project, tells TIME.

What are the implications of this case?

Since the start of the Trump Administration, there has been an uptick in prosecution and harassment against humanitarian aid workers and lawyers who assist migrants along the southern border with Mexico. Several cases have been documented by organizations including the United Nations and Amnesty International. Since 2017, eight other No More Deaths volunteers have faced misdemeanor charges in connection with their volunteer work. Lawyers and journalists who cover the southern border have also been surveilled, searched and detained by government officials, according to a study by Amnesty International.

But the case against Warren has been the most severe of all charges faced by humanitarian aid workers by far.

Warren told TIME ahead of the retrial that he worried a guilty verdict could similarly mean the targeting of volunteers and aid workers who do not have as many resources as he has had, and that people in families with mixed immigration statuses could be at risk.

“You’re buying food for your uncle who is undocumented, so now we’re going to go prosecute you for harboring. You drive your kids or your family to the park for a picnic or something — is the government going to arrest you and say that you’re smuggling or you’re transporting?” he said in September. “That’s the other fear that I have, that they will try to keep using these laws in new ways to target more people.”

Bijal Shah, an associate professor of law at Arizona State University, says Warren’s case fits into a larger violation of international law by the U.S. government that is implementing policies aimed at keeping refugees and asylum-seekers from entering the country.

“Charging Scott Warren in this context is part of a broader framework of governmental interest in dissuading people from supporting non-citizens” she says. “By discouraging people from assisting non-citizens we are discouraging people from maintaining the United State’s humanitarian commitments.”

But the jury’s decision to acquit Warren sends a message to prosecutors, Franke says. She believes Warren’s faith-based actions convinced the juries in his first trial and the retrial that criminal prosecution is not necessary and inappropriate. “I think it sends a kind of message of a kind of humanity, of showing up for people in a desperate, really deadly situation, and that something is needed there but criminal law is certainly not it,” she says.

Zaachila Orozco, a No More Deaths volunteer, says no policy or prosecution can deter humanitarians from doing their work. She was one of the eight volunteers previously charged with misdemeanors related to their humanitarian aid work in Ajo. “I did what I did because I believe that everybody deserves the right to survive in this world,” she tells TIME ahead of the trial. “Frankly, our government is making it so much harder than necessary.”

People will follow their own moral and ethical code when it comes to saving another person’s life, Orozco adds, no matter the consequence.

But Shah adds that, despite the not guilty verdict, the fact that a prosecution occurred in the first place might be enough discourage future humanitarian assistance. “The fact that this was brought to the floor, the fact that it’s been so highly publicized in and of itself strikes fear in the hearts of people who might be involved in humanitarian efforts,” she says. “The general sense is ‘hey, this guy was trying to help non-citizens and look what happened to him, if I try to give them water or try to make sure that they’re safe, the same thing might happen to me.'”

What’s been the response to the verdict?

Activists and aid organizations across the country have expressed support for Warren and are celebrating the verdict on social media. Some spent days gathered in front of the court house in Tucson hosting prayers and demonstrations in support of Warren

Amnesty International released a statement celebrating the not-guilty verdict Wednesday evening. “Sense has prevailed today with the jury exonerating Dr. Scott Warren for a simple reason: humanitarian aid is never a crime,” said Erika Guevara-Rosas, Amnesty International’s Americas director. “The Trump administration is wrong to try to prosecute people who are only trying to save lives. By threatening Dr. Warren with a decade in prison, the U.S. government sought to criminalize compassion and weaponize the deadly desert against people who make the perilous journey to the United States in search of safety.”

The Congressional Hispanic Caucus also chimed in, saying “Human compassion shouldn’t be illegal. Providing food & water to those in need should not be illegal. We must stand by our values & help immigrants in need, just as Scott did,” in a tweet.

Some good news – Scott Warren has been found not guilty after providing migrants in need with aid.

Human compassion shouldn’t be illegal. Providing food & water to those in need should not be illegal.

We must stand by our values & help immigrants in need, just as Scott did. https://t.co/k4YxHG6iwb

— Hispanic Caucus (@HispanicCaucus) November 20, 2019

Customs and Border Protection, the agency that oversees Border Patrol, did not immediately respond to TIME’s request for comment.

Who is Scott Warren?

It was Warren’s pursuit of a PhD in Geography at Arizona State University that first brought him to Ajo in 2009. By 2013, Warren was living in Ajo, dividing his time between lecturing at ASU and volunteering for groups like No More Deaths and Ajo Samaritans.

His long-held faith compelled him to begin volunteering in the desert after seeing first-hand the mass casualties that result from dehydration, hypothermia and exposure. His first experience encountering human remains in the desert happened shortly after he began volunteering in Ajo. The discovery, he says, embodied the gravity of deaths at the border.

“I remember this sense of being like, ‘oh wow, this is really big.’ All the connections and all the ways that in that tragedy there’s also a really enormous cycle,” Warren told TIME.

He’s encountered dozens of remains on at least 100 water drops and search and rescue operations he’s participated in.

Since his arrest in January 2018, Warren continued to volunteer for humanitarian aid groups in Ajo despite the charges against him.

#Blogger

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itsfinancethings · 5 years ago

Link

— No More Deaths (@NoMoreDeaths) November 20, 2019

Warren, who sat down with TIME for an interview in September, says he has only acted out of empathy, motivated by his religious beliefs.

The case has ramifications that go beyond Warren’s verdict.

What are the implications of this case?

But the case against Warren has been the most severe of all charges faced by humanitarian aid workers by far.

People will follow their own moral and ethical code when it comes to saving another person’s life, Orozco adds, no matter the consequence.

What’s been the response to the verdict?

Some good news – Scott Warren has been found not guilty after providing migrants in need with aid.

Human compassion shouldn’t be illegal. Providing food & water to those in need should not be illegal.

We must stand by our values & help immigrants in need, just as Scott did. https://t.co/k4YxHG6iwb

— Hispanic Caucus (@HispanicCaucus) November 20, 2019

Customs and Border Protection, the agency that oversees Border Patrol, did not immediately respond to TIME’s request for comment.

Who is Scott Warren?

“I remember this sense of being like, ‘oh wow, this is really big.’ All the connections and all the ways that in that tragedy there’s also a really enormous cycle,” Warren told TIME.

He’s encountered dozens of remains on at least 100 water drops and search and rescue operations he’s participated in.

Since his arrest in January 2018, Warren continued to volunteer for humanitarian aid groups in Ajo despite the charges against him.

#IFTTT #Blogger

0 notes

viralnewstime · 5 years ago

Link

— No More Deaths (@NoMoreDeaths) November 20, 2019

Warren, who sat down with TIME for an interview in September, says he has only acted out of empathy, motivated by his religious beliefs.

The case has ramifications that go beyond Warren’s verdict.

What are the implications of this case?

But the case against Warren has been the most severe of all charges faced by humanitarian aid workers by far.

People will follow their own moral and ethical code when it comes to saving another person’s life, Orozco adds, no matter the consequence.

What’s been the response to the verdict?

Some good news – Scott Warren has been found not guilty after providing migrants in need with aid.

Human compassion shouldn’t be illegal. Providing food & water to those in need should not be illegal.

We must stand by our values & help immigrants in need, just as Scott did. https://t.co/k4YxHG6iwb

— Hispanic Caucus (@HispanicCaucus) November 20, 2019

Customs and Border Protection, the agency that oversees Border Patrol, did not immediately respond to TIME’s request for comment.

Who is Scott Warren?

“I remember this sense of being like, ‘oh wow, this is really big.’ All the connections and all the ways that in that tragedy there’s also a really enormous cycle,” Warren told TIME.

He’s encountered dozens of remains on at least 100 water drops and search and rescue operations he’s participated in.

Since his arrest in January 2018, Warren continued to volunteer for humanitarian aid groups in Ajo despite the charges against him.

#Blogger

0 notes

kacydeneen · 5 years ago

Text

One Immigration System, Two Outcomes for Cuban Couple Seeking Asylum

A caress and a kiss.

That’s all Angela Mairielys Lazo Torres had time for before guards escorted her from her husband’s hospital room after less than a minute. It had been seven months since she last traveled to Louisiana to see José Antonio Hernández Viera, 40, in detention, and she wasn’t even given the time to tell him, “I love you.”

“They didn’t let me see him," Lazo Torres, 36, said of the brief interaction. "They didn’t let me speak to him. They didn’t let me do anything."

That was on Wednesday, June 19. Then, radio silence for the next two days. When she and an outreach paralegal from the Southern Poverty Law Center returned to Acadia General Hospital in Louisiana on Thursday, they were told Hernández Viera no longer appeared in the system. Attorneys contacted the hospital and an assistant warden at Pine Prairie ICE Processing Center, but no one gave them any information about his condition after hip replacement surgery.

“I didn’t know how he was, or where he was, or what was happening to him,” Lazo Torres said.

On Friday, Hernández Viera was transported back to Pine Prairie in handcuffs and chains, he said, his body pushed and jostled into a vehicle with no wheelchair ramp. As he lay across the seat during the roughly hour-long drive, his head painfully bumped into plastic on one of the doors. He was then whisked back to the hospital for more drugs, only to return to Pine Prairie in the early hours of the morning, he and his lawyer said.

Around 3 a.m. Saturday, June 22, Hernández Viera was finally allowed to call Lazo Torres.

“I told my wife that I felt so bad, in such a bad condition, that I wouldn’t live,” he told NBC.

His suffering was nowhere near over, according to his account. Back at Pine Prairie, he was left in his wheelchair overnight, he said, from 3 a.m. until around 9 a.m. And during the days after his surgery, he tried not to eat much because he feared if he had to use the toilet, no one would help him.

He was treated like an animal, he felt — ”like a person without rights, totally helpless.”

U.S. Immigration and Customs Enforcement spokesperson Bryan Cox told NBC that ICE could not give specifics about the medical treatment of a particular detainee without his or her written consent, but added that “ICE is committed to ensuring the welfare of all those in the agency’s custody, including providing access to necessary and appropriate medical care.”

Hernández Viera is an asylum seeker from Cuba, where he faced economic and political persecution because of his family’s opposition to the Castro government. He says he was detained multiple times there and beaten in front of his family once. He has never been convicted of a crime, according to attorneys from the SPLC, and ICE in a document from December did not designate him as a security risk.

“These are not people who should be looked at as demons,” said Martin High, a Southeast Immigrant Freedom Initiative volunteer attorney. “They’re just regular people that have been in a really bad situation that has nothing to do with their choices in life.”

In May 2018, Hernández Viera applied for admission into the United States in Hidalgo, Texas, at a port of entry— as asylum seekers are supposed to do. During his credible fear interview the following month, a first hurdle in the asylum process, the interviewer checked boxes indicating that he had established a credible fear of persecution based on his "political opinion."

More than a year later, he is still in a facility run by the Florida-based detention company GEO Group — despite the fact that asylum seekers who establish a credible fear are supposed to be eligible for parole, where they await their immigration hearings outside detention. He has a sponsor. Both his wife and 3-year-old daughter are waiting for him. Instead, he is being held in Louisiana, where a hip problem that was once manageable quickly deteriorated so that he could not even walk.

Now, he is staring down deportation. ICE says he is unlawfully present and "received all appropriate legal process" before being ordered removed in December and denied an appeal in May.

Two weeks after surgery, he was not granted a stay of removal, which means he could be deported any day and his wife believes this is imminent.

“I think, if he were returned to Cuba right now,” said High, “I think he’d be headed to prison right away and he’d never get out.”

Hernández Viera has two chances to remain stateside: a petition for review in the fifth circuit court of appeals, where he is represented by High, and a habeas petition. Petitions for review are usually tough to win, said High.

Which leaves the petition for a writ of habeas corpus claiming that his detention is unlawful. Ironically, one of Hernández Viera’s last chances to stay with his family hinges on the facts of the hellish treatment he says he has lived through since surgery left him at the discretion of ICE’s care.

STUCK Lazo Torres has the same asylum claim as her husband. But though they say they were persecuted together in their home country, America’s immigration system has treated them differently.

She came to the U.S. with her two daughters in February 2018, while her husband lagged behind. When she and the girls arrived here, they were held for 20 days at a family detention center in Texas and then released, she said.

She is now applying for a green card based on a provision in the Cuban Adjustment Act that says Cubans who have lived in the U.S. for at least a year can become lawful permanent residents. Meanwhile, he is detained “pending removal” to Cuba, according to ICE.

During a recent call with Hernández Viera, Lazo Torres said their 3-year-old daughter “started to cry because she wanted to see him.”

“She asks for him every day,” Lazo Torres said.

In November, after six months in custody, the SPLC submitted a parole request for Hernández Viera (he had previously been denied parole). Attorney Laura Rivera wrote how Hernández Viera’s 7-year-old daughter in Cuba had an often terminal strain of cancer, and how Hernández Viera would be more able to actively communicate with her and help to support her from outside of detention. She also mentioned his toddler in the U.S., who had begun to suffer from asthma and bronchitis that her physician said was due to the “emotional distress from not having her father around.”

Hernández Viera would not begin to accrue time in the U.S. until he was released from detention. To be able to apply for a green card like his wife, he had to be granted parole.

In December, Hernández Viera represented himself in his asylum hearing. It can be difficult to access counsel while detained, especially in more remote facilities such as Pine Prairie, and migrants are not guaranteed representation in civil cases. The judge in his case, who had a recent 83.8% asylum denial rate, compared to 65% nationwide in 2018, ruled that he had not met the burden of proof to establish that he would be persecuted or tortured if he returned to Cuba. Then, ICE denied his parole request — not because he was a flight risk or a danger to the community, but because he had been ordered removed. That meant he was confined at Pine Prairie during his appeal, which was denied months later.

“They’re owners of him and they’re not going to let him leave for any reason,” said Lazo Torres.

Hernández Viera’s experience coincides with other detainees under the purview of the New Orleans ICE field office, which in 2018 approved fewer than 2% of parole requests. “It’s awesome power to deprive people of their physical liberty,” Rivera said, adding that who gets out and who stays in is “arbitrary.”

“I think that Jose Antonio’s mistreatment and prolonged detention is just an extreme example of what happens to immigrants in ICE custody day in, day out,” she said.

‘UNBEARABLE PAIN’ In Cuba, Hernández Viera had hip problems, but he could still walk.

Then, he came to the U.S. and was detained by ICE.

Hernández Viera wrote on a GEO Group request for health services dated to January: “I would like to know what they are going to do with me as I can no longer tolerate the pain in my hip and they don’t attend to me. Please I need an answer. Thank you.”

A month later, he again requested health services: “I have problems with the medicine that they’re giving me, it gives me nausea and drowsiness...”

And in March, he wrote this: “I have an unbearable pain, every time that I go to the doctor or the attorney visits me when I get there the pain is stronger… Moreover, I can no longer take the medicine that relieves me some.”

Progress notes from March indicate that Hernández Viera was diagnosed with severe osteoarthritis in his left hip and that he was already waiting for surgery, which would not be performed for three more months. In the meantime, he was doled out a cocktail of drugs — including opioids — that discombobulated him so much he had to clutch the walls to walk.

When asked about Hernández Viera's medical treatment, GEO Group Executive Vice President Pablo E. Paez referred questions to ICE.

Finally, doctors scheduled Hernández Viera’s surgery for June 19.

Lazo Torres flew to Louisiana from Tampa, Florida, for the surgery, but she was not allowed to see her husband. The outreach paralegal who went with her, Jaclyn Cole, was also denied access to Hernández Viera at the hospital, even though she needed for him to sign urgent documents.

On June 21, attorneys from the SPLC received a letter from an associate general counsel for the Lafayette General Health System, which includes Acadia General Hospital. The letter claimed that the hospital had been told Hernández Viera was a security risk and could not have any visitors, including counsel. It noted that two guards were posted to his room, and that the hospital had been told not to share any information about him.

“Our hospital is in the middle of an issue between SPLC and ICE. In this situation, we must defer to law enforcement while Mr. Viera is in our hospital for the safety of Mr. Viera, the other patients, our staff and the ICE officers,” the associate general counsel wrote.

Once Hernández Viera returned to Pine Prairie, the compression socks that were meant to keep him from getting blood clots were taken from him for days, said CJ Sandley, one of the attorneys working on his habeas petition. Both Sandley and Lazo Torres said Hernández Viera has gone for physical therapy only once since his surgery. There are no grab bars for toilets and showers to keep him from further injury, Sandley said, and she heard reports that there were bugs in his infirmary cell.

Dr. Allen Keller, an associate professor of medicine at the New York University School of Medicine and director of the Bellevue/NYU Program for Survivors of Torture, said Hernández Viera is suffering from post-traumatic stress and depression as a result of trauma in Cuba and prolonged detention in the U.S. After visiting Pine Prairie, he is concerned Hernández Viera is not getting adequate physical therapy and said immigrant detention does not lend itself to recovery from hip surgery.

“This is a real important window right now, these next few weeks following the surgery,” Keller said. “In my professional opinion, it’s essential to his physical and mental well-being that he be released immediately.”

It’s these conditions on which Hernández Viera’s second legal option, the habeas petition, relies. His attorneys are arguing that he should be released from custody or provided adequate medical care at Pine Prairie. Otherwise, they have reason to fear that deportation could be imminent. On Friday in the early morning, Lazo Torres said she heard her husband was removed from detention and being sent back to Cuba; attorneys could not immediately confirm that.

“Sending him back to Cuba,” said Keller, “especially as he is recovering from hip replacement, could be the equivalent of a death sentence.”

Photo Credit: Courtesy of the SPLC This story uses functionality that may not work in our app. Click here to open the story in your web browser. One Immigration System, Two Outcomes for Cuban Couple Seeking Asylum published first on Miami News

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cryptswahili · 6 years ago

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No, not about Applecoin: what could create a Blockchain within Apple Inc?

The article was written by Vladimir Malakchi, CMO at 482.solutions, marketing expert in the blockchain sphere.

In this article, there will be no news about the launch of any iCoin or Applecoin, but today we will look at several facets of the blockchain technology through the prism of its introduction into such a global and, not afraid of this word, giant corporation.

Of course, Apple Inc is associated with its flagship products, such as the iMac and the iPhone. However, if to characterize this corporation, we can call it a great specialist in the design and development of various hardware and software products, as well as the only true competitor of Microsoft in terms of technological dominance. More than 200 billion dollars in turnover per year, 132,000 employees worldwide and billions of users. Behind the scenes of stylish iStores is a tremendous work that does not subside for a minute and constantly produces technological innovations.

Blockchain – sooner or later: that is the question

Trying not only to follow the latest trends but also to create them, Apple could not bypass the blockchain technology anyway. For several years, the media have covered official corporations’ patents for researching or developing various blockchain solutions, but we are not observing any specifics.

For example, in February of this year, it became known that the Cupertino guys were thinking about introducing the blockchain into the supply of materials, even notified the US Securities and Exchange Commission about it. However, this fact is not mentioned in a separate document, but in a report of the corporation on ensuring human rights within the supply chains of minerals. Moreover, attentive report’s readers found a reference to the Blockchain Handbook, which is already being developed by Apple as part of the Alliance for Responsible Business.

I propose to switch on a little imagination and suggest how globally the blockchain technology can influence the multi-level processes of the most popular tech giant.

There is no perfect thing: vulnerabilities in the world’s best supply chain

Apple is a company which logistic system is always set as an example. Despite the incredible supply volumes, the corporation manages to always be one step ahead of its competitors. Tim Cook continues Jobs’s strategy for efficiency. As Apple’s head of the logistics department, John Martin, says: “Nobody wants to buy milk the day before yesterday.”

Interesting fact: the company focused on developing such a supply chain in 1997, just then Steve Jobs returned to the head’s chair of Apple. John Martin claims that then Jobs did not spare $ 50 million for the first iMac shipments during the Christmas holidays, leaving their competitors in this way overboard, because they most often used sea routes.

Apple is called the company with the most excellent supply chain in the world, since the tech giant does not stint on prepayments and advances, providing itself with everything necessary. It’s no secret that a partnership with Apple can provide the supplier company with a bright future, but to establish a business relationship with such a market’s shark is not an easy and very responsible task. For example, there was a case where one of the potential suppliers did not take a prepayment of $ 1 billion, not wanting to be too dependent on a global corporation.

It is also worth mentioning the important mystery that covers each stage of the supply process, ensuring its effectiveness. Moreover, all parts of the supply chain adhere to secrecy, Apple has to put control in the form of its employee in each of them. Moreover, there are rumors that once Apple even wrapped up its new products in juice boxes to protect them from third parties.

However, even in this seemingly well-tuned mechanism, the details fail. For example, in 2012, Apple was at the epicenter of the scandal because of an audit by the independent public organization China Labor Watch, which discovered a violation of several laws of the Pegatron Group, which was responsible for assembling the iPhone and iPad at that time. The investigation revealed that the Pegatron Shanghai factories (assembled the iPhones), Riteng (produced iMacs) and AVY (provided the iPads with details) violated China’s labor laws. Among the main complaints against the Pegatron Group was the use of child labor. Such a case was not the only one and always had an effect on the value of the goods for the end users, then on the enormous losses of Apple itself.

Also, we cannot but recall the numerous information leaks from both the suppliers and the employees themselves, who, under the threat of fines and even prison sentences, have not once distributed to the media information about new products that have not yet been released.

You will agree that the blockchain’s possibilities within such a logistic machine would be useful both in cases involving the struggle with the use of child labor and in the case of leaks of important data for the company.

By implementing the blockchain in every enterprise that is a link in the supply chain, we can create a secure registry of all employees and their employment contracts. At the same time, it is possible for each company to provide access to viewing, but not changing this information in real time. Thus, each Apple’s partner will meet the labor laws’ requirements of the country where its production is located, and corporation’s representatives do not have to spend tens or even hundreds of thousands of dollars to investigate and examine their suppliers without incurring reputational risks.

With information leaks can also fight the blockchain but with limited access rights. For example, the technology will allow to enter only certain data and to those employees who will have this right, while other information relating to the development will be hidden from unwanted eyes. Of course, it is possible that an employee who has access to specific information can spread it, however, it becomes much easier and faster to determine the source of the leak, which is important in those moments when there are only a few minutes to take control of the situation.

The fight for the original devices on the market

Apple is always in the favorites of copies’ manufacturers. On popular Chinese websites, you can easily buy an iPhone X for $150, though it’s not a fact that after receiving the package, the user can at least turn it on. Of course, such a counterfeit atmosphere also affects the reputation of the original manufacturer, since the potential buyer will postpone the purchase of the device, tormenting himself in doubts about the authenticity of the new and such a desired smartphone.

Apple is not satisfied with this state of affairs, therefore, since 2008, an operational group has been operating in China to combat the illegal copying of their devices’ design. But this is only a drop in the ocean of fakes, which can not dissolve multibillion-dollar flows of fake devices.

WikiLeaks published documents showing that Apple attempted to influence the Chinese government in order to take tough measures against sales and the production of counterfeit products. At the same time, Chinese officials refused to close the production of fake iMacs, explaining this concern for the employment of local residents.

Citizens of the Celestial Empire with a good imagination are no longer limited to devices of only one kind, a few years ago, photos of entire fake Apple stores appeared in the media.

Apple has problems with counterfeit, not only in China but also in their home states, where you can meet fake accessories and devices which are often cheaper than originals. In the war with fakes help only point battles, which give results only after time-consuming litigation and ongoing costs for legal services.

Since Apple is an international company whose devices are used by millions of users from different countries, where the legal bases for the regulation of counterfeit goods differ from each other, it is rather difficult to track this problem on different continents.

Consumer activity is significantly reduced due to the fact that to distinguish a fake from the original in appearance is sometimes not an easy task, so Apple can successfully integrate the blockchain into its production and solve all of the above problems with one technology.

Creating its own blockchain chain, where data on each unit of goods will be entered, allows buyers to still track the entire path of a device or accessory while standing at the store shelves. To implement this method of protection against counterfeiting, the product can be assigned its own unique code with which users can identify the original products at any time.

Information that a potential buyer will receive by entering this code will contain all the characteristics of the device. At the same time, the authenticity of this data is guaranteed by the blockchain, since it is impossible for unscrupulous manufacturers to change or delete the information from it.

It is possible that distributors of fakes will be able to purchase several units of original devices and extend their codes to fake goods. The way out of this situation is to place in the blockchain the status of the good and the transition status of its owner (for example, manufacturing plant, distributor, and the end customer). Such a method would eliminate a full-scale problem that Apple is struggling from the very beginning of its history.

Conclusion

Despite the smooth production and enormous popularity, Apple still spends part of its profits on those processes that could be optimized. For me, it is strange that such a trendsetter in the technology industry is only looking closely at introducing a useful blockchain technology, fueling public interest with the unrealized patents. The implementation of the blockchain in Apple’s business processes could be the starting point in the company’s new history and the beginning of the global adoption of technology around the world.

The post No, not about Applecoin: what could create a Blockchain within Apple Inc? appeared first on ZyCrypto.

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nofomoartworld · 7 years ago

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Hyperallergic: Required Reading

Seoul-based designer Sukwoo Lee designed the medals for the 2018 Winter Olympics, which will take place in Pyeongchang, South Korea. The jagged front are based on the letters of Hangul, the Korean alphabet that dates back to the 15th century. More images at Dezeen. (via Dezeen)

Bendor Grosvenor writes about museum image fees and how they’re out of whack:

But for ‘old’ art the situation is very different. Many museums will have you believe that because they are licensing newly taken photographs of, say, a Hogarth, then they have copyright over that photograph, and can therefore charge what they want for it. But this is not the case. There are variances, but essentially in both US and UK law a straightforward photographic reproduction of an old painting does not generate any new copyright implications. For a new photograph of a Hogarth to have any copyright vested in it, it must in some way be original (ie, amended, added to, written over, distorted). So don’t let museums tell you that what you’re paying for is the right to legally reproduce their photograph of their painting. They’re not. In fact, all they’re doing is hustling you.

The designer of the Papyrus font justifies his invention after SNL lampoons it:

“I designed the font when I was 23 years old. I was right out of college. I was kind of just struggling with some different life issues, I was studying the Bible, looking for God and this font came to mind, this idea of, thinking about the biblical times and Egypt and the Middle East. I just started scribbling this alphabet while I was at work and it kind of looked pretty cool,” Costello said.

He added, “I had no idea it would be on every computer in the world and used for probably every conceivable design idea. This is a big surprise to me as well.”

Curator Andrew Hunter explains why he quit the Art Gallery of Ontario:

I have always been concerned about the role art museums play in the wider world, about how truly engaged they are with the critical issues of our times. I’m fortunate to be able to teach regularly on museum and curatorial practice (currently in the graduate program at OCAD University). We often begin with the origins of the contemporary museum, which was born out of the private collections of wealthy Europeans who had built their fortunes on the extraction of resources, and people, from the most vulnerable nations in the world.

Out of this dubious practice evolved public educational institutions, or so they self-described. Really, they were outward displays of power that reinforced class division and validated the corporate and colonial systems that had made their founders rich. From wealth came power and then cultural dominance: museums set social rules, coercing the broader public toward shared values they deemed to be “acceptable.”

Saudi king’s gold escalator gets stuck (no comment):

Saudi King Salman's travel companion, his gold escalator, let him down during his historic visit to Russia http://pic.twitter.com/xgTaqV8WWG

— TRT World (@trtworld) October 5, 2017

Is the internet changing time? Laurence Scott writes:

The computer scientist and cyber-philosopher Jaron Lanier, who coined the term ‘virtual reality’ and who has written with both optimism and despair about the trajectory of the internet, believes that digitisation’s prodigious memory will be key to a sustainable global economy based primarily on exchanges of information. In Who Owns The Future?, he outlines a possible world in which data is the central commodity and all of us are properly remunerated for our contributions, conscious or involuntary, to the profitable crunching undertaken in Big Data’s storehouses. A simple example is that if you and your spouse meet on an online dating site and eventually get married, then you will receive a ‘micropayment’ every time two other people in the future are successfully matched up based on algorithms of compatibility to which your own happy coupling contributed. Lanier argues that since the data you provide – interests, profession, goals, politics – continually refine and improve the dating site’s ability to pair people, then you should own a share in the efficiency that your information nurtured. In this system, our digital pasts, archived across the network as data, resemble an actor’s filmography or an author’s back catalogue, an ongoing source of royalties. Such a model echoes Airbnb’s desire for everyone to ‘build a history’ online. Here the past is privileged in the way of all valuable things, as unforgettable as any personal treasure. Lanier’s design proposes an economy of remembering, whereby not even the smallest link in a lucrative data chain is forgotten. There is zero tolerance of structural amnesia in this system. As Lanier remarks, ‘Cash unfortunately forgets too much for an information economy.’

You know those orange-handled scissors that are in homes around the world? This is their story (I love design history.):

According to Jay Gillespie, Fiskars’s current VP of marketing, the company decided to vote on what color the final scissors design would be before it went into production. At the time, Gillespie says, colors like orange and lime were very popular, so they decided to stick with orange. “An icon was born from [that vote],” he says.

Nina Burleigh of Newsweek takes a look at Trump’s relationship with God:

Trump’s long and sometimes confounding spiritual journey started in Jamaica, Queens, at the bite-sized First Presbyterian Church, and later, at the WASPy Marble Collegiate Church on Manhattan’s Fifth Avenue, where prosperity prophet Norman Vincent Peale preached that you could think yourself to success. In 1952, Peale published The Power of Positive Thinking, a New York Times best-seller for 186 weeks that sold more than 5 million copies and was translated into 15 languages. That tome and his hailstorm of follow-up titles trained a generation of Americans to grin and fake it all the way to the bank. His theology was well summarized by the mantra Fred Trump pounded into his boy, Donald: “You are a killer. You are a king.”

That nugget may have been as close as young Donald ever got to Scripture. During the recent presidential campaign, he called the biblical book Second Corinthians “Two Corinthians,” a transgression on par with referring to the Holy Trinity as the Three Amigos. He has called Communion “my little wine” and “my little cracker.” More alarming for the truly pious, he couldn’t come up with a favorite Bible verse when asked during the campaign, except to say he liked the Old Testament’s “an eye for an eye.”

This investigation by Buzzfeed gives very credible evidence for the close relationship between alt-right troll Milo, Breitbart and lots of other figures (including Peter Thiel) with the white nationalist movement. This is a must-read:

And the cache of emails — some of the most newsworthy of which BuzzFeed News is now making public — expose the extent to which this machine depended on Yiannopoulos, who channeled voices both inside and outside the establishment into a clear narrative about the threat liberal discourse posed to America. The emails tell the story of Steve Bannon’s grand plan for Yiannopoulos, whom the Breitbart executive chairman transformed from a charismatic young editor into a conservative media star capable of magnetizing a new generation of reactionary anger. Often, the documents reveal, this anger came from a legion of secret sympathizers in Silicon Valley, Hollywood, academia, suburbia, and everywhere in between.

In case you wondered what equivalent climate regions around the world were for the US, this map is interesting:

US climate with equivalent cities from around the world [OC] [1513 x 983] from MapPorn

Mona Kareem writes about popular fascination with fiction by Arab dictators:

The news of this new release provoked me, specifically because it reflects a demeaning western approach to modern Arabic literature. Back in 2003, Saddam’s novels were widely discussed among Arab intellectuals exchanging accusations of writing for dictators for money, or under threat. It was an exhausting and embarrassing battle, but nevertheless necessary. At least in these debates, no one claimed to be “politically neutral.” Political neutrality is the discourse of the dominant, they who take their individuality for granted and in such they assume that their actions can be abstract, ahistorical, and isolated of all contexts.

The interest in “Saddam Hussein’s world,” as one Iraqi novelist once described it, was a serious western fetish after the Iraq war. Despite the fact that the man ran a bloody and exciting life, in all impossible ways, the scale of horror and violence was not satisfactory for western eyes. They needed play-cards, movies, novels, video games, private recordings, and all sorts of things to complete a picture of the enemy. It was the best way to abstract the mass destruction of Iraq as something far, far away, on another planet, in Saddam Hussein’s world.

If you buy a US flag made in the United States, there’s a good chance it was made by a prisoner:

I was born and raised in California and certainly took my fair share of California history classes from elementary school through college. In high school, I marched in protests against Proposition 21, the 2000 ballot initiative that made it easier to prosecute young people, and I was educated by the types of teachers who gave extra credit for attending demonstrations in downtown San Francisco against the Iraq War. But even I was surprised to learn that our country’s symbols of freedom were made by women who had none.

What should Canadian Twitter users with the new increased character count? Well:

All true Canadians know there is only one proper use of the new 280 character limit on Twitter. | Tous les vrais Canadiens savent qu'il n'y a qu'une bonne utilisation de la nouvelle limite de 280 caractères sur Twitter.

— Matt BB-8 (@tederick) September 28, 2017

Required Reading is published every Sunday morning ET, and is comprised of a short list of art-related links to long-form articles, videos, blog posts, or photo essays worth a second look.

The post Required Reading appeared first on Hyperallergic.

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anastasiya-tetenkoi5g-blog · 7 years ago

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Arvind Pandit-The Cheapest Method To earn The Totally Free Ticket In Order To Startup

These deals could have many nuances which will just a well-informed lawyer will pick up. For your own special deal, obtain a good business lawyer. better via way throughout most nevertheless tiny revenue would end up being to utilize customized offer documents ready as well as reviewed by qualified company lawyers. This particular is generally the actual main region of concentrate through attorneys as well as CPAs inside shaping the particular seller's representations in add-on to warranties plus handling credited diligence. Detailed homework could always be completed just before also as right after obtaining the formal contract signing as well as possibly it could always be achieved steadily -- limited research in front of signing the actual term sheet in inclusion to comprehensive research during the escrow period. Just About Any stock sale may have different tax consequences via any good thing sale, a amount of favoring the vendor but others your buyer. Such tax concerns could possibly find complex and may turn out in order to be handled collectively using skilled skilled help. the vast majority Associated With purchasers then will desire the non-compete agreement from your vendor or, in the event the vendor won't give it, the minimal associated with virtually any non-solicitation agreement relating with an individual to current customers. Another major issue is planning to be tax. a confidentiality agreement assists here nevertheless this may demonstrate cold convenience in order to selling real estate stuck employing a lawsuit. That Will just isn't wise to scrimp upon expense throughout complex places where stakes could be high. This typically contains covenants or possibly promises ("I will offer pertaining to you with each other with you'll purchase via me x assets too as x stock shares," etc.), warranties along with representations ("as seller, I warrant as well as represent where I have got great title from what I'm selling you with every other with furthermore also which will there are no liens on it absolutely no lawsuits against it," etc.), and in addition circumstances in order in order to closing ("our deal with close to just in such time period as x, y, and also z circumstances are usually typically met," as with regard to always be able to instance obtaining just about any landlord's consent to a lease assignment). Introduction From a new buyer standpoint, the composition of the sale could affect liability risks: inside a new stock sale, virtually any buyer will inherit the whole corporate history, good too as bad, together using the Arvind Pandit purchase; within a excellent thing sale, the particular buyer can simply typically restrict your own inherited liability danger considerably in any other case altogether. Due diligence is a critical the element of this process, mostly about the the part of the particular real buyer. Such documentation insures minimum terms but small else. Buying as well as promoting your little business can seem to suit your needs being bewildering even so the process features a logic straight into it by which sharp entrepreneurs can easily comprehend and also help make use regarding to aid manage your own time, direction, and within addition strategy involving their own enterprise lawyers as well as other experts which help almost all involving these to inside the process. Normally, which in turn sale would constitute a new taxable richesse acquire for the corporation. Procedurally, this escrow functions a whole lot similar in order to this generate every moment a house is sold, with the actual exception in which (for example) as against waiting for your outcomes to acquire a title investigate events may turn out for you to be awaiting just about any liquor license approval also as a amount of several other situation pertaining in in order to a business sale. In exactly your same scenario, if the ABC Corp. Offered your current risks, distress revenue are generally typically radioactive to get a buyer.

Business Sale -- Canned versus Customized Sometimes the particular sale of a little organization is performed via a new basically canned technique by means of a new broker. sells its business with regard to $10 million by way of asset sale also as features a near-zero schedule within its assets. Inside newer deals, tax-free deals will additionally be performed by method of reorganizations. Estimated Transaction Costs. The Particular purpose here is not to make an effort to offer with virtually any kind of offered circumstance nevertheless rather so as to end up being able to illustrate how tax may severely affect the actual specific outcome depending about the means a sale will possibly be structured. Work using a Qualified enterprise Attorney A small business may always be marketed by asset sale, stock sale, or even merger, making use of asset sale getting the actual real typical vehicle associated along with preference for many tiny businesses. Buyers typically deal with the actual particular higher risks. Unscrupulous sellers can start with an individual to attempt out just regarding almost all sorts involving tricks to create the deceptive sale. Turn Out In Order To Be discerning on this area. For example, if your vendor is a C-corp along with reduced basis assets, just relating to any sale involving its assets for just concerning any significant sum would possibly result inside a new severe likelihood of the double-tax. within an typical small enterprise sale, a brand new buyer ought to use like a tough estimate relating to total transaction costs virtually any rule related using 2% for you to become in a new position to 5% relating to the acquisition price. This specific kind of might always be the actual approach by means of which in turn the buyer inspects the particular real publications and also records associated with the business enterprise enterprise getting marketed and inside addition will take extra actions to get a individual in order to ensure that what's acquiring offered is actually truly authentic too as well worth the really worth becoming paid. a new term sheet, despite the actual fact that not legally binding, supplies the beneficial framework using regard in order to shifting forward. Therefore, spending budget what specifically is necessary and within addition get it completed right. Watch out especially regarding distress sales. vendor expenses typically are generally usually lower, nevertheless these individuals may be significant if broker services costs are participating as well as perhaps within the event the provide can be complex. within virtually any kind of case, don't rely entirely in virtually just about any rule-of-thumb approach -- use which pertaining to become able to very first planning following which usually consult along along with your experts to become able to refine the estimates. The formal contract can still be considered a obtain agreement. Lawyers along with accountants typically assist by utilizing this process. The Escrow Process, Credited Diligence, in inclusion to Confidentiality Agreements Business Sale -- Purchasing Agreement

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Three kinds connected together with Small Organization Sale Due diligence is not usually permitted until a new buyer provides signed virtually any confidentiality agreement. Common Traps and throughout addition Pitfalls inside the Sale with the Small Business Most companies can become bought having a premium positioned upon superb will, consisting generally in the most likely concern expense of creating a specific consumer base, any recognizable name, and so on. This particular sort of may happen, with regard to example, your location in which in turn a manufacturing organization together using fully-depreciated assets will be sold. This specific would be cash used in attorneys, accountants, alongside collectively along with additional professionals, also as pertaining for you to escrow fees. Buyer fulfillment using analysis could be commonly a disorder Arvind Pandit to continually be capable of closing. How with regards to transactional costs? These kind of may really go virtually all more than the actual certain board. within by which case, your buyer and also seller find your self a homogenized method which could or maybe may well certainly not suit his or even perhaps the woman's legal needs. Typically, a seller tend to be specific to become in the position to get legal as well as accounting information on how an individual may construction your sale along with can then operate having a prospective buyer to acquire a person for you to have the basics concerning the offer documented inside the term sheet or even letter involving intent. Occasionally a new buyer will declare which they may need it the organization although throughout fact scheming for you to end up becoming within the situation for you to gain use associated with crucial info that's likely to become employed competitively in the seller. Offered this is actually a C-corp, however, the money within the enterprise would normally turn out in order to be taxed once more being a dividend when dispersed in order to shareholders. Common company Tax Issues A severe vendor danger is truly to take a carry-back loan with inadequate protections. Your Own naturel too as variety of tricks used, or even perhaps mistakes inadvertently made, is huge too as varied. shareholders offered 100% with the stock with most the corporation into a buyer, then these shareholders would spend tax on the one-time funds gain and zilch more. This highlights a few crucial problems connected getting a small business sale nonetheless won't address their particular legal implications or even strategies together with regard to implementing these people (see the lawyer relating to this). let's say corporate vendor ABC Corp. the particular documentation will most likely be "standard" nevertheless contract terms won't grow to be customized pertaining to that parties. Whatever will probably be saved nowadays can be planning to become expended many occasions more than attempting to dig out of one's mess if problems occur. Additionally, it really does not touch upon essential concerns such because the must acquire consents as well as approvals (landlord, agency, vendor, and also spousal, amongst others), the particular employment relating to fairness opinions, opinions regarding counsel, no-shop agreements, hold-back provisions, earn-out provisions, as well as problems for example UCC bulk revenue compliance, indemnification, joint alongside using a range of liability, as well as the like. Proper collateral (UCC together with otherwise) could be usually key to dealing by making use of this inside the specific event concerning default. By your identical token, inside a excellent point sale, your acquisition value ought to be allocated among the assets getting sold, as well as additionally this will bring about differing income along with purchases tax treatment, depending about the naturel within the assets getting offered and in addition around the naturel using the allocation. The Particular outstanding enterprise lawyer may suggest approaches that can mitigate double-tax problems. Such allocations needs for you to be completed with all the actual assist of your qualified lawyer or perhaps CPA. The contract may be signed as well being an escrow typically create as a mechanism by just that to have to a closing the place where the sale will consummate

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floridaattorneys911-blog · 7 years ago

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Techniques For Picking The Right Cape Coral FL DUI Attorney

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itsnelkabelka · 8 years ago

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Speech: London Somalia Conference 2017: President Mohamed Abdullahi Mohamed's opening speech

Your Excellency, the Right Honourable Theresa May, the Prime Minister of the United Kingdom,

His Excellency, António Guterres, the Secretary General of the United Nations,

His Excellency, Moussa Faki Mahamat, Chairman of the African Union Commission, Heads of States and Governments in attendance,

Representatives of nations and organizations,

Future for Somalia - Opening Statements

It is indeed a great honour to be addressing you all today at this special conference on Somalia’s future in this beautiful city of London. I’m delighted to be sharing this historic day with our key partners all of whom have stood by our people and nation in our greatest period of need.

I would like to take this opportunity to especially thank our great host, Prime Minister Theresa May and her government for committing to and bringing this conference to fruition. As many of you know, this is NOT the first conference for Somalia hosted by the UK. For that, we thank you Prime Minister!

Excellencies, distinguished guests, ladies and gentlemen, as you are all aware, Somalia successfully concluded a long and complicated election process on the 8 February 2017. On that day, representatives of the Somali people voted for change and a new direction for our country. I was humbled by the enormous public support I received following the election.

I am, however, very aware of the high expectations the Somali people have for me – starting with improved security and provision of basic services such as health and education. Although we are working tirelessly to meet everyone’s expectations, in the meantime we hope to gradually improve our citizens’ lives.

The successful and peaceful transfer of power following my election was a reminder of Somalia’s potential as a beacon of democracy and hope in one of the most unstable regions in the world.

In fact, Somalia has a long and proud tradition of democracy going back to independence in 1960. We were the first country in Africa wherein a sitting president transferred power peacefully after losing national elections.

Despite the enormous challenges my country faces, we strive to those ideals. We believe that the only path to fully recovering Somalia is strengthening our democratic institutions. To that end, I will spare no effort to realizing the promise of my campaign, which was to fight Somalia’s 3 major enemies: terrorism, corruption and poverty.

My vision revolves around these 3 issues. And the way to address them starts with building vital state institutions, with a focus on security apparatuses, and championing an overall reform agenda. Most importantly, I will take measurable steps to unleash the great potential of my people to develop their own country, and to do what they know best: trade and commerce. I strongly believe that trade is the surest way to reduce poverty and generate mass employment.

Excellencies, distinguished guests and ladies and gentlemen, my reform agenda started with selecting a capable and proven leader as a Prime Minister. Prime Minister Hassan Ali Khayre brings decades of experience as a senior executive in humanitarian and development sectors, and later as a successful businessman.

Capitalizing on his experience and networks, and following extensive consultations with all actors, the Prime Minister formed a technocratic cabinet that includes 5 female ministers – the largest in our history – and many young ministers representing 85% of our population who are under the age of 40.

One of the new young ministers was a former refugee in Dadaab – the world’s largest refugee camp in Kenya. His compelling story gives insight into the transformation my country is going through. Unfortunately, his life was cut short last week. But his legacy remains with us.

Excellencies, distinguished guests, ladies and gentleman, I recognize that a good cabinet is only as good as the services it delivers its people. And in Somalia, delivering anything hinges largely on ‘getting the politics right’. Good politics must be inclusive, participatory, vibrant and on a levelled playing field.

In this regard, we are committed to solidifying our federal system of governance, which has been in place only since 2004. Our overall vision is to achieve a strong and co-operative union which works for all Somalis and enhances equity and good governance.

We are thankfully a step closer to this objective as is illustrated by the recent historic formation of the new National Security Council, which includes federal member states. The National Security Council is not only a platform for dialogue on security issues, but on broader matters of national importance. The fact that all heads of federal member states are with me here today speaks volumes of our collective effort towards a strong and co-operative union.

Together with other stakeholders, we will be engaging in an in-depth discussion around matters of national importance. We are already engaged in a deep dialogue on sharing of natural and national resources. This and other areas will be discussed in the context of the constitutional review process. As the leaders of Somalia, we recognize that the Constitution is the document that binds us together.

However, our political efforts will not stop there. In the coming months, we will complete legislation around political parties so that all MPs and others interested groups can form their parties legally. We are determined to encourage a vibrant political environment which upholds the best practices of democracy, freedom of assembly and freedom of speech—all of which are enshrined in our Constitution.

Excellencies, distinguished guests, ladies and gentlemen, security remains paramount for my administration. The new National Security Architecture and the Security Pact give us the tools we need to strengthen the Somali National Army and introduce an improved policing model.

Together with the African Mission in Somalia (AMISOM), I am confident that we can defeat Al-Shabaab in the next few years. Once we recover the remaining territories and secure supply routes, we will stabilize the country by building local administrations in collaboration with the federal member states. We believe that communities are best placed to collaborate with the local, state and federal governments to stabilize the country.

But the government needs the necessary tools to be able to defeat Al-Shabaab. For far too long, our security forces and terrorist groups have been fighting using the same type of light weapons – mostly AK47s. Despite the bravery of our men and women in uniform, we were locked in symmetrical battles with the terrorists. Without AMISOM forces, who are supplied with heavy weaponry, we would not have been able to defeat Al-Shabaab. The longstanding arms embargo on Somalia severely restricts our ability to procure heavy weapons, despite the partial lifting of the embargo in 2013.

Time has come for Somalia to be able to get access to qualitatively better weapons than terrorists. In this regard, we are working with our partners and the Security Council to develop a clearly defined roadmap to the full lifting of the arms embargo. This would include the improvements we must make to our weapons management, command and control systems.

Excellencies, distinguished guests and ladies and gentlemen, when it comes to the security sector support we receive from our friends, we are grateful to all partners for their unwavering and sustained support over the years. Many provide financial support, while others provide technical and logistical support. One partner I would like to dedicate special gratitude is AMISOM. Their peacekeepers have been working with us for 10 years – much longer than anyone expected. During that time, they have sacrificed many soldiers in the quest to help Somalia defeat Al-Shabaab and rebuild our security forces.

A vital element of rebuilding our security apparatuses is to radically improve on coordination among international partners on the security front. I welcome the genuine attempt to address this fundamental problem through the creation of the Comprehensive Assistance to Security or CAS Group. This group, in close collaboration with the National Security Office, must end duplicity and fragmentation in the security support sector. On our side, the National Security Council is designed to do the same.

Excellencies, distinguished guests and ladies and gentlemen, the insecurity situation cannot be changed without addressing its root causes, which are abject poverty and mass unemployment. Too many of our young generation are sitting idle, creating fertile ground for terrorists to recruit from. We must tackle this issue with a robust economic recovery plan.

To this end, we have identified the ‘priorities of the priorities’ within the National Development Plan (NDP). The NDP, which clearly articulates our development agenda, is based on sound evidence and extensive consultations across the country. Our partners should align their support with priorities of the NDP, which are focused on strategic investments in key sectors, such as the productive sectors of agriculture, livestock and fishing. Moreover, major investment would have to be made in vital infrastructure, starting with renewable energy, clean water and road networks. That’s the only way to create mass employment.

But all that investment needs substantial resources, and our meagre revenue can barely cover our budget. Access to international financial institutions is restricted due to the existing arrears. In this regard, I’m delighted that we have now developed a well-defined, milestones-based roadmap to arrears clearance and normalisation of relations with the international financial institutions. I commend the work of the World Bank and IMF, together with our Finance Ministry, on this crucial work. This is an area that I will personally follow, to ensure that we are meeting our obligations.

Many countries and organizations have demonstrated willingness to cancel their loans. Here I recognize the League of Arab States who announced that member states are prepared to forgive their loans during their summit in Amman in March. We are grateful to our Arab brothers and sisters for this.

Excellencies, distinguished guests and ladies and gentlemen, when it comes to economic development, the greatest asset we have is the entrepreneurial spirit of my people. My administration will take measurable steps to unlock their potential, by removing barriers to doing business in Somalia, and promoting small and media enterprises.

One major barrier is the inability of our financial institutions to access their international counterparts. The money transfer businesses, who send a combined amount of about $2 billion dollars a year to Somalia, are struggling to access banks here in the UK and in the United States, due to the severe restrictions placed on them. This, despite the fact that we made tangible progress over the past few years.

Time has come to facilitate access for our financial institutions to work with your banks. A continuation of the current policy will undoubtedly deprive crucial access for our banks, and, as a consequence, will limit employment opportunities in the financial sector.

Excellencies, distinguished guests and ladies and gentlemen, for too long, the conventional wisdom has been that Somalia was a problem to fix, and the people a perfect humanitarian example due to the failure of the state to do its job. Today, my administration is committed to seizing this golden opportunity to nurture and deliver on a better, stronger and more prosperous Somalia led by the hopes and aspirations of its people. This is the best way to continue the process of changing the prevailing narrative.

Despite the extraordinary challenges that my people faced, we must remember that they withstood both natural and man-made calamities, and, with their classic resilience, started some of the most successful telecoms and remittance companies in Africa.

Together with our partners, my administration aims to capitalize on this God-given talent for a better Somalia – one that can secure itself, manage its politics and revive its economy. The New Partnership for Somalia provides an excellent framework for co-operation and coordination. The NPS puts government leadership at the heart of implementation of programs and projects. It allows us to hold each other accountable, which I wholeheartedly welcome. If my administration fails, we hope you hold us to account. We promise to do the same. Only in that spirit can we lift Somalia to new heights.

Excellencies, distinguished guests and ladies and gentlemen, there have been many conferences in the past on Somalia and for Somalia. Today’s events are different because I can assure and reassure you all that Somalia will never turn back to its difficult past: it will only go forward towards progress and prosperity as is the will of its people and the priority of its government. In engaging with us on the vast array of issues for discussion ahead during this conference, please be confident of the sincerity of this promise.

I thank you all.

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