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mostlysignssomeportents · 10 months ago

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This day in history

#20yrsago Itunes blocks you from sharing music with YOURSELF, on your own computer https://web.archive.org/web/20041009202513/http://www.raelity.org/computers/operating_systems/apple/mac_os_x/apps/itunes_single_instance.html

#20yrsago How fanfic makes kids into better writers (and copyright victims) https://www.technologyreview.com/2004/02/06/40304/why-heather-can-write/

#15yrsago Flashmob of ATM crooks scores $9 million in 49 cities https://web.archive.org/web/20090205214559/http://www.myfoxny.com/dpp/news/090202_FBI_Investigates_9_Million_ATM_Scam

#15yrsago Internet not full of pedos, the statistical edition https://www.zephoria.org/thoughts/archives/2009/02/06/doing_the_math.html

#10yrsago Turks bid farewell to the Internet in the face of brutal censorship/surveillance law https://medium.com/@ahmetasabanci/saying-goodbye-to-internet-in-turkey-33d805b98f6c

#10yrsago Middle class brands collapse, 1% brands thrive https://www.nytimes.com/2014/02/03/business/the-middle-class-is-steadily-eroding-just-ask-the-business-world.html

#10yrsago How UK spies committed illegal DoS attacks against Anonymous https://www.nbcnews.com/news/investigations/war-anonymous-british-spies-attacked-hackers-snowden-docs-show-n21361

#10yrsago Toronto’s reference library gets a makerspace https://web.archive.org/web/20140209061223/http://torontoist.com/2014/02/reference-library-unveils-3d-printers-is-cooler-than-indigo/

#10yrsago Toxic Avenger’s brilliant rant about the importance of Net Neutrality https://www.techdirt.com/2014/02/05/innovation-our-better-future-depend-preserving-net-neutrality/

#5yrsago One of pharma’s most notorious gougers is going bankrupt, but 2019 is a banner year for shkreli-grade pharmaceutical price-hikes https://arstechnica.com/science/2019/02/infamous-pharma-company-declares-bankruptcy-after-3900-price-hike/

#5yrsago Chasing down that list of potential Predpol customers reveals dozens of cities that have secretly experimented with “predictive policing” https://www.vice.com/en/article/d3m7jq/dozens-of-cities-have-secretly-experimented-with-predictive-policing-software

#5yrsago Amazon is using purchase data to sell targeted ads, which is creepy, but not because they’ve invented a mind-control ray https://memex.craphound.com/2019/02/06/amazon-is-using-purchase-data-to-sell-targeted-ads-which-is-creepy-but-not-because-theyve-invented-a-mind-control-ray/

#5yrsago The next Firefox will block all autoplayed audio, video https://hacks.mozilla.org/2019/02/firefox-66-to-block-automatically-playing-audible-video-and-audio/

#5yrsago RIP, author Carol Emshwiller https://locusmag.com/2019/02/carol-emshwiller-1921-2019/

#5yrsago Washington State sheriff used courtroom camera to zoom in on defense attorney and juror’s private notes https://www.seattletimes.com/seattle-news/san-juan-sheriffs-use-of-courtroom-camera-to-view-jurors-notebook-lawyers-notes-sparks-outrage-and-dismissal-of-criminal-case/

#5yrsago Lawsuit says that America’s “break even” court records website shouldn’t be making 98%+ profits https://www.techdirt.com/2019/02/06/multiple-parties-including-author-law-governing-pacer-ask-court-to-stop-pacers-screwing-taxpayers/

#5yrsago Fox News blames schools teaching “fairness” for support for a tax on the super-rich https://www.reddit.com/r/LateStageCapitalism/comments/annfs6/fox_news_blames_public_support_of_wealth_tax/

#1yrago Bruce Schneier's "A Hacker's Mind" https://pluralistic.net/2023/02/06/trickster-makes-the-world/#power-play

#pluralistic

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nicklloydnow · 3 months ago

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“Back in 2015, Leonard De Monte was feeling settled. At 31, he had health insurance and was making a union wage at the Vons grocery store in Woodland Hills, Calif., where he had worked for more than a decade. A familiar face in the bakery section, he knew dozens of frequent shoppers’ orders by heart.

Then came a corporate merger: Albertsons acquired its rival Safeway, Vons’s parent company. Mr. De Monte’s store was sold to a third chain as part of the deal, and within months of the change, the store’s new owner declared bankruptcy. Mr. De Monte found himself out of work.

Former customers vouched for him, and he found a new job at a local Pavilions, part of another grocery chain owned by Albertsons. But he had lost his seniority and was demoted to minimum wage.

“All my hard work was flushed down the toilet,” Mr. De Monte said.

Now, nearly 10 years older and having finally worked his way up to a wage of nearly $27 per hour, he’s experiencing déjà vu: Albertsons is trying to merge with Kroger in a $24.6 billion deal that will be the biggest grocery combination in history if it goes through. The two chains have agreed to sell 579 stores — out of about 5,000 — to a third company in an effort to satisfy antitrust regulators. The Pavilions where Mr. De Monte works is on that list.

Mergers often create anxiety for workers who stand to lose jobs or benefits when companies combine. The United Food and Commercial Workers International Union, or U.F.C.W., which represents most in-store workers at Kroger and Albertsons, has spoken out against the proposed deal, though it doesn’t have much ability to stop it.

But the union does have a powerful ally: the Federal Trade Commission. The agency sued to block the combination, and a trial that will decide whether the two chains can join forces is scheduled to start in federal court in Oregon on Monday.

(…)

But within its legal complaint is another claim, one that has surprised some antitrust experts because of its novelty. The combination of the nation’s two biggest supermarket chains, the F.T.C. argues, would erode the bargaining power of unions and harm not just consumers, but workers as well.

Starting in the late 1970s, after a period of robust antitrust enforcement, regulators eased up on challenging corporate mergers. Regulators under the Biden administration, however, have made cracking down on corporate concentration a priority. And for the first time, merger guidelines updated last year by the F.T.C. and the Justice Department explicitly outline the agencies’ emphasis on how corporate mergers could reduce competition for workers and result in lower wages or worse benefits.

“Recognizing that there’s a web of intersecting harm that can happen is an extension, in my mind, of the underlying principles of antitrust enforcement,” said Christine Bartholomew, a professor at the University at Buffalo School of Law who teaches antitrust. “The pendulum is swinging back to recognize the broader types of harm from anticompetitive conduct.”

The attorneys general of Colorado and Washington State, who have separately sued to block the supermarket deal, also centered workers in their complaints.

The grocery industry has seen waves of consolidation since the 1990s. Now just four companies — Walmart, Kroger, Costco and Albertsons — account for about half of all grocery sales.

Kroger and Albertsons collectively employ about 700,000 people. The new corporation would operate under the Kroger name, and a Kroger spokeswoman said all frontline workers would keep their jobs and existing union contracts. But Mr. De Monte is not convinced that his job and benefits would be guaranteed, or that the chain buying his store would keep it open.

The F.T.C.’s position today looks very different from the one it took in 2015. Back then, the regulator approved the merger of Albertsons and Safeway, satisfied that the 146 stores eventually sold to a third party — Haggen — would prevent dominance by a single supermarket chain in certain markets.

The U.F.C.W. did not strongly object to that merger or to the sale of stores, either, something the union came to regret once Haggen filed for bankruptcy and thousands of workers lost their jobs.

This time around, Kroger and Albertsons have proposed a similar solution to gain antitrust approval: selling 579 stores — along the West Coast and in Colorado, Arizona, Illinois and a handful of other states — to a company called C&S Wholesale Grocers. But the F.T.C. is not convinced that separating out about a tenth of the stores would effectively maintain competition or mitigate the harm to workers and consumers.

Although only about 13 percent of grocery store workers are unionized, most of the workers at Kroger and Albertsons are represented by the U.F.C.W.

(…)

The U.F.C.W. is concerned that the combined strength of Kroger and Albertsons would intensify a power imbalance with the union. John Marshall, a financial analyst for U.F.C.W. chapters in California and Washington State, said that, individually, both chains had been aggressive at the bargaining table. In 2003, they each demanded concessions from the U.F.C.W., including the introduction of a two-tiered pay structure. Despite setbacks, unionized workers at the companies have retained health and retirement benefits that their counterparts at nonunion rivals like Walmart lack.

Kroger has said it needs to merge with Albertsons to compete against Walmart and Amazon. Walmart employs two million people and has been accused of illegal union busting, allegations the company has denied. A Kroger spokeswoman said nonunion rivals would become “even more powerful and unaccountable” if the merger was blocked.

The F.T.C., however, argues that a combined Kroger and Albertsons would erode unions’ ability to negotiate better pay and benefits in bargaining talks.

“The unions that represent grocery workers leverage the fact that Kroger and Albertsons are separate companies competing for customers and workers to negotiate better terms of employment for union grocery workers,” the F.T.C. complaint reads. The deal would “eliminate that competition” and lead to lower wages, worse benefits and weaker worker protections. An agency representative declined to provide additional comment beyond the legal complaint.

Eric Posner, a professor at the University of Chicago Law School who focuses on antitrust, noted that a more dominant Kroger would chip away at unions’ ability to use strikes as a bargaining tool.

“If the worker can find an equally good job elsewhere, then the workers can stay on strike longer, and that means the employer will have to give and make concessions,” Mr. Posner said.

He said he was not aware of any other antitrust cases that limited the scope of harm to unionized workers. And regulators have raised labor-related concerns in only one other case that has gone to court, Mr. Posner added. In that 2022 suit, the Justice Department successfully blocked a merger of book publishers, focusing on authors as workers who stood to be harmed by the deal.

On top of weakened bargaining power, workers — especially those who experienced the fallout from Albertsons’s takeover of Safeway a decade ago — are concerned about potential store closings and layoffs.

(…)

Kroger has portrayed C&S, which has signed up to buy the 579 stores that would be shed under the merger, as a pro-union operator. Lauren La Bruno, a C&S spokeswoman, said the company would recognize the union work force and honor all collective bargaining agreements.

But Mr. Marshall of the U.F.C.W. said that at two meetings in January, C&S representatives had refused to promise to negotiate new collective bargaining agreements with the union once the current contracts expired. Contracts covering more than 100,000 Kroger and Albertsons workers, mostly on the West Coast, are set to run out next year, he said. Ms. La Bruno did not respond to a request for comment on those meetings.

C&S is primarily in the wholesale grocery supply business and currently operates just 23 supermarkets nationwide, according to the F.T.C. While Ms. La Bruno said the company had enough financial strength and experience in food retailing to operate hundreds more stores, antitrust experts and regulators say another Haggen-style collapse is likely if the deal goes through. They argue that C&S doesn’t appear to be equipped to efficiently operate hundreds of supermarkets.

(…)

“This company might just shut down the stores after buying them,” Mr. Posner said.”

“The United Food and Commercial Workers Union Local 555 has changed course in its support for the proposed $24.6 billion Kroger, Albertsons merger, releasing a statement on Saturday announcing it’s pulling its support for the deal.

The union represents some 30,000 workers, many of whom are employees at Kroger and Albertsons banners in Oregon, Washington, Idaho, and Wyoming.

The move comes as roughly 4,500 workers at Kroger-owned Fred Meyer stores in metro Portland, Oregon, authorized an unfair labor practices strike. The union has not yet selected a date for the strike.

(…)

“Their obnoxious decisions at the bargaining table have let down both their workers and their customers. We’ve had no other option but to file a federal lawsuit on the matter and withdraw our support for the merger.”

(…)

The decision comes six months after UFCW 555 announced its support of the merger, making it the only local in the country to support the deal.

The issue for the union is centered on the store divestiture part of the deal, wherein Kroger and Albertsons would collectively sell 579 stores to C&S Wholesale Grocers in an effort to appease federal regulators and attorneys general across the country concerned that the merger would create a monopoly.

Many of those stores on the divestiture list are located in Oregon, Idaho, and Southwest Washington.

In February, Clay said a meeting with C&S Wholesale Grocers leadership eased the union’s concerns that C&S Wholesale Grocers would uphold labor obligations made by Kroger and Albertsons.

��C&S has the opportunity to bring a long-term strategy to a grocery industry focused on the short-term demands of shareholders and private-equity investors,” Clay said in February. “Employees of Kroger and C&S will be better off than employees of other potential buyers whose actions never seem to match the image they project publically. In a refreshing change of pace, C&S seems poised to deliver a much-needed fresh perspective for employees and customers alike.”

Miles Eshaia, a spokesperson for Local 555, said in an interview with Supermarket News in February that Albertsons owner Cerberus Capital Management plans to sell the chain even if the Kroger deal falls through.

Meanwhile, unions across the country have opposed the merger. In July, members of locals 7, 324, 400, 770, and 3000 held a press conference to voice their opposition to the deal.

That press conference came one day after Kroger and Albertsons released a full list of the 579 locations that would be divested if the deal is approved.

“Yesterday, you may have heard that Kroger and Albertsons released a list of 579 stores across the nation that they are proposing to divest to C&S Wholesale Grocers if the merger is allowed to proceed. Making this list public changes nothing,” UFCW 770 President Kathy Finn said in July. “The merger is not a done deal, and this coalition continues to do everything we can to stop it.””

“Big companies promoting terrible mergers that cause untold layoffs and consumer and market harms — while promising none of that will actually happen — is a proud, fifty-plus year American tradition. And it requires a symbiosis with lazy, (not-coincidentally also highly consolidated) major media empires.

Case in point: grocery giants Kroger and Albertsons are floating a $24.6 billion merger that regulators have been justifiably skeptical about. Experts who study grocery consolidation for a living all indicate that, just like most major mergers, the deal will likely harm consumers and workers alike. States and the FTC have sued Kroger, and Kroger countersued the FTC, claiming antitrust enforcement is “unconstitutional.”

Kroger (and tell me if you’ve heard this one before) is pinky swearing that increased consolidation in the already consolidated grocery space will increase jobs, boost competition, and lower prices for consumers. On that last point, the company this week told the press that if the merger is approved, they’ll dole out $1 billion in immediate savings to consumers.

The promise is baseless. As you see in tech and telecom, pre-merger promises are utterly valueless. U.S. regulatory enforcement of merger promises is completely feckless, and getting weaker in the wake of major Supreme Court rulings. Antitrust academics insist there’s nothing in the promise that’s worth anything. And yet Bloomberg, Reuters, and CNBC all parroted the claim mindlessly: (…)

One local Boise outlet, BoiseDev, actually crunched the numbers, and found that even if Kroger followed through on the promised price cuts (which again they wouldn’t, because that’s not how consolidation works), they’d amount to about four cents per store visit per consumer.

Several Senators and State AGs have expressed concerned that the one-two punch of consolidation (read: less competition), fused with new dynamic store-shelf display tag pricing tech, could make it easier than ever to screw consumers. Combine that with a Supreme Court regulatory assault on regulatory oversight of, well, everything, and the potential harms to Americans become rather clear.

I don’t mean to wander outside of our beat into grocery news, but the treatment of the merger by major outlets is a perfect demonstration of the U.S. press’ complete failure to fully, accurately report on corporate behavior and its real-world impact. Most U.S. business journalism isn’t journalism, so much as a weird fan fiction that tells investors, executives, and media owners precisely what they want to hear.

It’s a world where history doesn’t exist, academic antitrust expertise doesn’t exist, real-world consumer and labor harms are downplayed or ignored, and executive statements are almost always taken at face value, even if the executive has a long-history of lies. The coverage broadly reflects the anti-regulation, anti-consumer, anti-labor, shot-term profit seeking interests of center-right billionaire ownership. The same ownership, that, again, not coincidentally owns what’s left of mainstream U.S. journalism.”

“Albertsons (NYSE:ACI) may face a bleaker future if it isn't able to complete its almost $25 billion sale to Kroger (NYSE:KR).

"There are limits to what we can accomplish without the scale," Albertsons attorney Enu Mainigi said during the opening statements of the first day of the trial of the Federal Trade Commission's attempt to block the deal on Monday. "If a go-it-alone Albertsons is going to have a chance of competing effectively, it will need to fundamentally change it's cost structure."

The standalone strategy for Albertsons (ACI) may include layoffs, closing stores, and/or exiting certain markets," Mainigi explained.

(…)

The FTC sued to block the combination in February, saying the supermarket deal would lead to higher prices for consumers. Eight states and Washington, D.C. also teamed up with the regulator to halt the deal. Colorado and Washington also separately filed lawsuits to try to put an end to the deal.

The supermarket chains argue that they need to get bigger to better compete with Walmart (WMT) Amazon (AMZN) and Costco (COST). They also say that through the divestiture of nearly 600 stories to C&S Wholesale Grocers they will be creating a viable competitor in the supermarket space.

The trial is expected to last until Sept. 13 in Portland, Oregon federal court in front of Judge Adrienne Nelson.”

#albertsons #kroger #shaws #grocery #grocery store #groceries #union #ufcw #u f c w #unions #workers #labour #ftc #monopolies

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beardedmrbean · 2 years ago

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Convicted attorney Michael Avenatti is expected to face years in federal prison when he is sentenced in a Santa Ana courtroom Monday.

Federal prosecutors will seek 17 1/2 years for Avenatti for his wire- and tax-fraud scheme in Southern California. Avenatti has argued for six years.

U.S. District Judge James Selna will also decide if the punishment he hands down will run concurrent or consecutive to the five years Avenatti is serving for convictions in an extortion scheme against Nike, and for stealing from another client, adult film actress Stormy Daniels, in New York.

Avenatti argued that the six years he is recommending should run concurrent with the punishment he is already serving for the New York cases.

He made an "open plea" to resolve most of the charges against him in Santa Ana, meaning he had no guarantee what punishment prosecutors would seek. It is a rare move for defendants because they have no idea what punishment they may face.

Avenatti, who won a mistrial motion last year when Selna found prosecutors had withheld evidence the attorney was seeking to use in his trial, said he made the open plea to spare the five victims another trial, the court system the expense, and because he could not reach an agreement on a plea deal with prosecutors.

In the sentencing recommendation, federal prosecutors said Avenatti's schemes followed a "general pattern" in which he "would lie about the true terms of the settlement agreement he had negotiated for the client, conceal the settlement payments that the counterparty had made, secretly take and spend the settlement proceeds that belonged to the client, and lull the client into not complaining or investigating further by providing small `advances' on the supposedly yet-to-be-paid funds."

Prosecutors also said he was a "tax cheat," and cited his failure to pay payroll taxes after his firm acquired Tully's Coffee in bankruptcy and then obstructed the IRS when the agency attempted to collect the amount due.

Prosecutors argue Avenatti stole $12.35 million from his clients, failed to pay about $3.2 million in payroll taxes from the coffee company, and $1.6 million in payroll taxes from his law firm.

Prosecutors also make a legal argument that Avenatti, despite his guilty plea, has not taken responsibility for his crimes because he has not acknowledged culpability in more specific terms. For instance, prosecutors point to Avenatti's contesting of the restitution he owes.

Prosecutors acknowledge that Avenatti has written an apology letter to his victims, but that he "did not identify any specific conduct for which he was apologizing. Again, defendant said the bare minimum and only said it when the issue of his `acceptance of responsibility' is being considered in connection with his sentencing. This self-serving `apology' does not reflect an acceptance of responsibility worthy of recognition by a 2-level reduction in his offense level under (federal law)."

The prosecutors also argue that his convictions in New York federal courts should also boost his punishment.

Avenatti argued that the recommended punishment from probation officials is "dramatically and punitively higher" than other fraud and tax cases.

He painted a picture of a difficult childhood that led him to believe he had to "work hard and rely solely on himself to achieve success and contribute to society," his advisory counsel, Dean Steward, wrote in the sentencing brief.

He said he started working at 15, including at a McDonald's and in retail stores, and that when he was 17 he worked at an "athletic complex" in St. Louis, "where he managed five employees and umpired over 500 baseball games."

Avenatti had to work full time to pay for his college education and was the first in his family to earn advanced degrees. He earned a law degree from George Washington University Law School, moved to California and passed the bar on his first try and settled in Newport Beach in 2000.

Avenatti is a "loyal, loving, supportive and fun father" of his two teenage daughters and 8-year-old son, Steward wrote.

Avenatti also argued that his jailing in New York City while awaiting trial there in "horrendous conditions" should lead to a lesser sentence. He filed a claim with the government, which denied it, alleging he was placed in solitary confinement as punishment for being a prominent critic of former President Donald Trump.

During the pandemic, Selna ordered Avenatti serve under home confinement with a friend in Venice as he awaited his trials.

While in custody at Terminal Island, Avenatti has a "spotless disciplinary record, has been a model inmate, and currently has a security classification of minimum," Steward wrote.

Avenatti was also admitted into a treatment program and is active in Alcoholics Anonymous. In addition, he has been taking courses to "prepare him for a life after prison" as the suspended attorney will soon surrender his law license and will not be able to ever practice the law again.

He also argued that multiple boxes of thank-you cards and letters from former clients were destroyed by the government so he cannot use them to help him make his case for a lesser sentence.

Avenatti argued he has taken steps to show his acceptance of responsibility with the letters of apology to his victims and by relinquishing any rights he had to a private jet he purchased with money he stole from clients.

While the government argued there was no way the two cases in New York could be combined, Avenatti said they should have been. He argued that had that been done, he would not be facing the prospect of a past criminal history that would boost his exposure in the Santa Ana case.

Avenatti had no prior criminal history before his convictions in New York.

He argued federal prosecutors forced him to defend three cases on both coasts and could have combined them all into one case.

Avenatti said, "This highly unusual decision resulted from defendant's notoriety, the government's desire to have three high-profile prosecutions of defendant, and an internal `turf' battle within the Department of Justice."

He added, "This is improper and highly prejudicial."

Avenatti quoted former Southern District of New York U.S. Attorney Geoffrey Berman's book on his efforts to work out the so-called turf battle with former Central District of California U.S. Attorney Nichola Hanna.

Avenatti said the federal prosecutors were "more concerned over who would benefit from a high-profile prosecution of defendant and avoid being `punished' by Main Justice. These statements also undermine consistent representations from the government that Main Justice was never involved in the prosecution of defendant."

#nunyas news #even after all the trump attacks #he still doesn't walk free #that's how guilty he is

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lawyersdatascraping · 5 days ago

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ivankahasbeentreatedsounfairly · 9 days ago

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By Stefanos Chen and Eileen Sullivan

Rudolph W. Giuliani announced his latest legal maneuver on Wednesday with an email blast at 2:44 a.m.

The short message said his new lawyer, a Staten Island divorce attorney, would provide an update later in the day on the $148 million that Mr. Giuliani must pay to two Georgia election workers whom he defamed.

But there was no update, at least in a legal sense. Instead, it marked a new turn in Mr. Giuliani’s shambolic legal battle.

Mr. Giuliani has already missed several deadlines to give the poll workers, Ruby Freeman and her daughter Shaye Moss, close to $11 million of his personal assets — a small down payment on the nine-figure judgment.

Some of the items include a luxury apartment on the Upper East Side and a collection of rare Yankees memorabilia. So far, the women have only received a number of Mr. Giuliani’s high-end watches and a vintage Mercedes-Benz convertible, among other collectibles.

If he does not comply fully with the handover, Mr. Giuliani could face steep penalties, including jail time. He could face further penalties if a federal judge in Washington, D.C., finds him in contempt for continuing to defame the two women.

In late 2023, a jury made the award to Ms. Freeman and Ms. Moss for the harm their reputations suffered after Mr. Giuliani claimed repeatedly and without evidence that they had tried to steal the 2020 election from Donald Trump. Mr. Giuliani, 80, filed for bankruptcy shortly after. But, because he refused to comply with court requirements, the case was dismissed, leaving his assets vulnerable.

Mr. Giuliani did not attend the news conference on Wednesday, which featured an appearance by the new lawyer, Joseph M. Cammarata. It’s unclear how Mr. Cammarata’s specialty in divorce was going to aid the former mayor’s defense. And the change in counsel has already caused some confusion.

Mr. Cammarata shares the name of a high-profile lawyer who represented Paula Jones in a sexual harassment lawsuit against former president Bill Clinton. That Mr. Cammarata has posted a disclaimer on his law firm’s website making it clear that he is not representing Mr. Giuliani.

At the impromptu event Wednesday morning, held on a Midtown sidewalk, this Mr. Cammarata, who took over the case on Friday, pleaded his case to the public.

He was defiant in his defense of Mr. Giuliani, though he offered no new insight into his client’s strategy, which remained focused on portraying himself as a victim of political persecution.

“The $148 million judgment against Mayor Rudy Giuliani is astronomical, unconstitutional and un-American,” Mr. Cammarata said, his voice rising above train traffic emanating from a subway grate.

The appearance occurred on the same day that lawyers for the two former poll workers attempted to have Mr. Giuliani found in contempt of court. Earlier in the day, the lawyers petitioned a federal court in Washington to punish Mr. Giuliani for continuing to make conspiratorial accusations, which he lobbed during broadcasts of his talk show, “America’s Mayor Live.” Lawyers for the women declined to comment.

The conference was held outside the office of Willkie Farr & Gallagher, the law firm representing the poll workers for free. Mr. Cammarata chose the setting, he said, in part to cast his client as the underdog.

During the half-hour conference, attended mostly by curious onlookers who stumbled across the event, Mr. Cammarata pleaded for leniency for the former mayor.

“Judges have the power to reduce judgments and verdicts — it happens everyday,” he said.

Mr. Giuliani has already appealed the judgment. That case is working its way through the federal court system in Washington.

Mr. Cammarata, a former New York City police officer, said he was chosen to be Mr. Giuliani’s new counsel after forging a personal relationship with the mayor. He said his brother, Michael F. Cammarata, a firefighter, died during the Sept. 11 terrorist attacks, and Mr. Giuliani, who kept in touch, inspired him to become a lawyer.

“Rudy Giuliani was there for me during my darkest time. Now I’m here for him during his darkest time,” he said.

After a federal court judge threatened Mr. Giuliani with contempt for failing to transfer his assets to the women, his defense lawyers, Kenneth Caruso and David Labkowski, requested last week to withdraw as counsel, citing unspecified professional ethics issues. Their reasons were redacted in court records.

At the conference on Wednesday, Madeline Brame, who runs a nonprofit dedicated to crime victims, spoke in defense of Mr. Giuliani and his record as a tough prosecutor and popular mayor.

Mr. Giuliani once helped her raise funds to fend off eviction, she said, and was a sympathetic ear when her son was killed.

But then she appeared to double down on the false claims Mr. Giuliani made about the two Georgia women. Mr. Cammarata leaned over the podium and whispered something to her.

“I know,” Ms. Brame said. “I’m not going to go there.”

https://www.nytimes.com/2024/11/20/nyregion/giuliani-defamation.html

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tasos-perte-tzortzis · 2 months ago

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patrickmcburney · 6 months ago

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"River Road soon unraveled, though John Carlson, who was Pine County’s attorney at the time, declined to press charges. “The sad truth is, these individuals admit they were essentially ‘brainwashed’ by Barnard and readily and willingly did what he wanted them to do,” he wrote. Reports of child sexual abuse were deemed “merely suspicion.” Many followers eventually left the cult, including C and B, amid rumors of bankruptcy and Barnard’s sexual exploits. Dozens of others moved with Barnard to Washington State."

Source

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dankusner · 4 months ago

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Attorney gets 25 years in Bridgeport bank embezzlement

A federal judge on Tuesday sentenced a Chicago attorney to 25 years in prison for helping embezzle more than $8 million from a small Bridgeport neighborhood bank that later collapsed, calling him a “delusional” and unrepentant criminal who abused the trust placed in him as a lawyer.

Robert Kowalski, 62, was convicted by a jury last year on all counts of embezzlement, bankruptcy fraud and income tax fraud after a 3 ½-week trial before U.S. District Chief Judge Virginia Kendall, where Kowalski took the unusual and typically ill-advised step of representing himself.

The long-running case featured years of bizarre pretrial hearings that saw Kowalski locked up for violating his bond and filing dozens of motions alleging investigators were hiding evidence and colluding with the judge to railroad him.

It was more of the same during Tuesday’s five-hour sentencing hearing, where Kowalski repeatedly interrupted the judge and prosecutors with complaints of unfair treatment.

For the most part, Kendall listened patiently to Kowalski’s rants.

But when he repeatedly interrupted her as she issued the sentence, the judge cut him off with a sharp “Enough.”

“You are absolutely incapable of looking at the reality of this situation and your role in it,” Kendall said to Kowalski, who stood at the lectern in an orange jail outfit with deputy U.S. marshals flanking him.

“You fabricated records to the IRS, you fabricated records to the bankruptcy court … You are absolutely delusional that you are a victim of this case. You’re not.”

Kendall said Kowalski’s criminal culpability was further exacerbated by his status as an attorney and that he helped steal from a community bank where “people felt that they could trust that bank to hold their money.”

“You do not have any respect for the rule of law,” she said.

After the judge imposed the 25-year prison term and $7.2 million forfeiture, Kowalski shouted, “This is not right! For all my hard work I get a life sentence? … This is very unfair. This is a day of evil.”

Kowalski was among 14 defendants charged in an alleged multiyear embezzlement scheme that preceded the failure of Washington Federal Bank for Savings, a family-run institution that had been a mainstay in the city’s Bridgeport neighborhood for more than a century.

Kowalski, who was a large debtor of the bank when it was closed by regulators in December 2017, was accused of conspiring with the bank’s president, John Gembara, to rack up millions in collateral-free loans, then lying about and concealing assets and income in bankruptcy proceedings and on his tax returns.

Police records show Gembara, 56, was found dead on Dec. 3, 2017, in the Park Ridge home of a bank customer where he had been staying.

An autopsy report showed Gembara was found seated in a chair in his bedroom with a rope tied to the banister and around his neck.

His death was ruled a suicide by the Cook County medical examiner’s office.

The sprawling investigation also led to one other high-profile trial.

Patrick Daley Thompson, the then-11th Ward alderman and scion of the Daley political dynasty, was convicted in 2021 of two counts of lying to federal regulators about loans he had with Washington Federal and falsely claiming mortgage interest deductions on his tax returns.

Thompson, who by law was forced to step down immediately after his conviction, was sentenced to four months in prison.

Prosecutors said in their opening statement last month that Kowalski used his friendship with Gembara to turn Washington Federal into his own piggy bank, getting collateral-free loans to bankroll his real estate developments and using letters of credit from the bank to fool other creditors.

Kowalski, meanwhile, tried to pin the blame on Gembara, saying his friend ran a scheme that allegedly involved years of bad loans, shifting collateral, forged signatures and even cash buried by one of his customers somewhere in the Cayman Islands.

“He didn’t start out to be a bad man, but his plan was terrible,”

Kowalski said in his opening statement to the jury. “It wasn’t George Bailey in ‘It’s a Wonderful Life.’ ”

The jury deliberated only about an hour before convicting him on all counts.

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thevitalportal · 5 months ago

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This is an excellent compilation of articles regarding the current state of our democracy. Subscribe if you can they break down the in and outs of your political ecosystem.

The Marshall Project

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EDITED BY ANDREW COHEN

PICK OF THE NEWS

After an act of political violence in Butler, Pennsylvania. The man killed during the attack on former President Donald Trump on Saturday was a former local fire official who tried to protect his family from the gunshots. PITTSBURGH POST-GAZETTE The gunman, 20-year-old Thomas Crooks, was a registered Republican who worked as a nursing aide at a nursing facility. THE NEW YORK TIMES Police say there is no known motive for the attack. THE ASSOCIATED PRESS Former classmates say Crooks was ardently conservative. Police say the AR-15 rifle used in the attack belonged to his father. PHILADELPHIA INQUIRER President Biden used a primetime television address on Sunday to urge Americans to tone down their political rhetoric. POLITICO

More on the assassination attempt. There is no denying the rise in political violence in the U.S. POLITICO Indelible photographs from the aftermath of the attack. THE NEW YORKER It’s the biggest security crisis for the U.S. Secret Service in decades. THE WALL STREET JOURNAL Kimberly Cheatle has led the Secret Service since 2022. USA TODAY The feds say local police were used to help bolster security at the event. THE WASHINGTON POST More surveillance drones and other forms of heightened security are likely at political rallies between now and November. THE BOSTON GLOBE Misinformation spread quickly in the hours after the attack. THE WASHINGTON POST

A grim warning. A federal trial judge who has presided over many Capitol riot cases used a routine sentencing hearing on Friday describing the Jan. 6 insurrection in stark terms and warning of more political violence this year. U.S. District Judge Tanya Chutkan also presides over Donald Trump’s federal election interference case in Washington, D.C.. POLITICO More: A Trump ally in New York is training a cadre of 75 armed “provisional emergency special deputy sheriffs” that local residents and experts say amounts to a private right-wing militia that could be used to threaten political violence during this election season. THE NEW YORK TIMES

A sexual harassment policy that protects the harassers at the expensive of the victims. The Texas Senate revised its policies in 2018 as the #MeToo movement took hold but state legislators and their staffers continue to shirk discipline under a system that still often blames young women for being harassed. Senators aren’t required to keep written records of complaints, or even investigate them, and so they don’t. Many complaints of harassment or workplace discrimination simply disappear into a bureaucratic mist. The Texas House, meanwhile, recently ousted a member accused of sexual misconduct. TEXAS MONTHLY

TMPBankrupt. A recent U.S. Supreme Court decision in the Purdue Pharma case makes it harder for third parties to be shielded by bankruptcy laws. That might be good news for victims of police sexual abuse in the “Explorers” scouting program. The Boy Scouts filed for bankruptcy in 2020 and agreed to pay $2.5 billion to compensate more than 82,000 victims of abuse. But police agencies were shielded by the deal. They may not be any longer. TMP’s Lakeidra Chavis continues our coverage of the story in “Closing Argument,” our weekly newsletter. THE MARSHALL PROJECT TMP Context: A trail of abuse in a police youth program. THE MARSHALL PROJECT

N/S/E/W

Alec Baldwin’s involuntary manslaughter case is dropped, again, this time for good. ALBUQUERQUE JOURNAL A New Mexico judge dismissed charges against the actor on Friday after defense attorneys discovered that prosecutors did not turn over all the evidence they were supposed to turn over to Baldwin’s team. LOS ANGELES TIMES

Police in Milwaukee, Wisconsin, have recommended felony murder charges against four people implicated in the death of D’Vontaye Mitchell earlier this month. MILWAUKEE JOURNAL SENTINEL Mitchell died after he was violently restrained by four security guards at a local hotel. The guards have since been fired from their jobs. THE NEW YORK TIMES

The Missouri Supreme Court ruled on Friday that plans to execute Marcellus Williams may proceed despite a prosecutor’s effort to overturn the murder conviction on which Williams’ death sentence is based. St. Louis County Prosecuting Attorney Wesley Bell says that new DNA evidence undermines Williams’ conviction. THE ASSOCIATED PRESS

Officials in five cities in King County, Washington, have banded together to help first responders provide better assistance to people in crisis. The reforms include de-escalation training and steering people with substance-abuse problems to get help. SEATTLE TIMES

By a single vote, commissioners in Fulton County, Georgia, have rejected a plan to build a new county jail. Instead, they approved $300 million in renovations to the facility which is now the subject of a Justice Department investigation into poor conditions of confinement. WSB

COMMENTARY

A failure of security—and democracy. “Political violence reveals deep cultural dysfunction, and that dysfunction is what our leaders must address. No security perimeter can shield our fractured democracy.” THE ATLANTIC More: Echoes of another assassination attempt, involving Theodore Roosevelt, 112 years ago. THE NATION

The end of the special counsel as we have known it. One under-appreciated part of the U.S. Supreme Court’s recent decision granting Donald Trump sweeping immunity will place new restrictions on Justice Department probes of sitting presidents. LAWFARE More: How Trump is trying to undo his criminal conviction in New York. LAW NEWS

Unsettled people: The case against prisoner transfers. “Like solitary confinement, routine transfers are used to isolate people—to keep them separated, physically and emotionally, from family, friends, and community.” INQUEST

The U.S. Supreme Court’s dereliction of duty in its immunity decision. “[I]t is difficult to escape the conclusion that the majority did what it did not out of concern for the presidency in general, but because it didn’t approve of the charges against Trump in particular.” LAWFARE

U.S. Supreme Court Justice Sonia Sotomayor bites back against junk science. She dissented last month when her colleagues refused to hear a case involving discredited “bite-mark” evidence. THE INTERCEPT

ETC.

A victory for DeRay Mckesson. A federal trial in Louisiana last week dismissed a lawsuit against Mckesson, a Black Lives Matter protest organizer, for an act of violence committed by a demonstrator at one of the protests Mckesson organized in the wake of the police shooting of Alton Sterling in 2016. REASON

The body of a victim of the 1921 Tulsa massacre is identified. CNN The World War I veteran was slaughtered along with hundreds of other Black people during a racist attack by White Tulsans over a century ago. THE ASSOCIATED PRESS

Police officers are migrating, too, from large cities to smaller towns, where there is less public scrutiny. Meanwhile, Bureau of Labor estimates indicate that the median annual salaries for law enforcement officers rose 14% from 2019 to 2023. STATELINE TMP Context: It’s not just a police problem. Workers are opting out of other government jobs. THE MARSHALL PROJECT

Congress moves on prison reform. The Federal Prison Oversight Act is going to give incarcerated people a better chance of forcing crucial reforms within the Bureau of Prisons. FORBES

A violent arrest, captured on camera, leads to an investigation in New York City. NYPD officers seen on video punching a man on a street earlier this month have been placed on “modified assignment” while the episode is investigated. NBC NEWS

Andrew Cohen is an editor-at-large at the Marshall Project. He covered law and criminal justice for 21 years as a legal analyst and commentator for CBS News and 60 Minutes. He also is a former fellow at the Brennan Center for Justice and a former contributing editor at The Atlantic.

Opening Statement curates timely articles on criminal justice and immigration; these links are not endorsements of specific articles or points of view.

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