#and if you seize them your government gets to convict them based on their own legal code - however lenient or strict that is

[noknowshame]

this is your reminder that -to this day- maritime law upholds that pirates are hostis humani generis ("enemies of all mankind") and people can and very much have been legally convicted under those terms in this century

[obsidiancorner]

ObiYuki Bingo- Cyberpunk

Wherever You Go- Chapter 1

(Shout out to @ruleofexception for naming this thing that I have been struggling to name since my board came out and I saw what all was on it. )

Year: Ad Pacem-1103 (3119 AD)

"... They look human, making it nearly impossible to deduce who they are by physical traits alone. They have also studied our speech patterns.”

Shirayuki hangs her head in her hands, elbows propped on the very edge of her desk so she doesn’t skew or drop any pages of the research splayed out in front of her. Whoever leaked the info to the media signed their own death warrant. At a guess, they will simply vanish from existence under the silent vigilance of the approaching midnight hours.

“The specimen in custody converses fluently with the state officials interrogating it but it will not divulge any information regarding how long it has been here, what their objectives are, and, ultimately, what their interest is in Earth’s-”

Shirayuki slams her hand down on the button beside the small projector lens from her desk, hitting it too hard in frustration and her old desk groans in protest as the screen flickers out of existence, leaving her alone in the quiet solitude of her office. She resists the urge to pace by drumming her nails on the surface of her desk.

There’s always something going on. Nothing can be easy anymore. No break from one calamity to the next. The only guarantee is that some other shadow looms on the horizon. Why not an alien invasion? Sure. First it was a deadly plant they had to somehow make prosperous. Then it was a coup attempt that thankfully failed. Why not an alien invasion next. That’s way more interesting and potentially life threatening now that they’ve been found out.

With a heavy sigh, Shirayuki shuts off the newscast. She smacks the button on her console with more force than is strictly necessary and the screen before her shrinks into nothing as the shutter from the projector on the desk winks closed and the quiet whir of the computer dissipates. Obi will have something to say about that when they meet for lunch, Shirayuki thinks as she packs up to meet him at their favorite cafe.

-----------

Obi is late. He’s never late for food and he never skips a meal without a mandatory and likely classified reason. When the server approaches for the third time, Shirayuki orders him something just in case he shows up last-minute.

His food arrives but her lunch is ending. True fear creeps in with all the subtlety of a hurricane making landfall. The server, probably assuming she had been stood up for a lunch date, flashes her a pitied smile and packs the extra meal in a takeout box for her.

Shirayuki responds with what she hopes is a smile, though it feels like a grimace, before tucking Obi’s untouched meal under her arm.

She makes a quick stop at the lab to tell Garrack she doesn’t feel well and needs to take the afternoon off before heading home to stew in her worry in the comfort of her own home.

----------

“They can be found through infrared scanning,” Izana says as he taps his stack of intel reports on his desk to neaten the edges.

Obi drums his fingers on his leg. His nerves are fraying because nothing good can come of this. Aliens are among them and no government officials have been approached for permission to be here. It’s an aggressive and underhanded act from unnamed foes from heaven and stars only know where.

“What do you suggest we do? Makiri?”

Obi doesn’t flinch. Barely. It’s been a long time since he has heard such an aggressive level of annoyance from an employer. At least he isn’t the reason for it. Though his presence in this meeting leads him to believe he’s about to be a part of it whether he wants to or not, right along side Mitsuhide and Hisame who are likewise unfortunate enough to be sitting beside him.

“Your majesty, I believe it is for the best if we go ahead and authorize the military’s partnership with Cyberdyne Systems. We now have the technology to do it safely and we need a sharper edge if we are going to defend ourselves against such a threat.” Makiri is all business, matter-of-fact and unflinching in his appraisal of the situation and his assessment of an appropriate counter-measure.

Obi looks at Makiri. The fuck is Cyberdyne Systems? Makiri, despite it being his suggestion, whatever it is, looks uneasy at the thought. The conviction of his words no longer syncs with his facial expression so whatever it is must not be good news or an entirely safe plan. A sobering concept. Makiri is never anything but sure of himself.

“Do it. Get me the paperwork and you’ll have my signature the moment it lands on my desk,” Izana responds with a calm intensity that sends tendrils of dread shooting up his spine. He’s a master of revealing nothing. He would have made a good spy, had he not been born to rule a kingdom.

With a sharp nod, Makiri turns to leave and Obi seizes the opportunity to elbow Mitsuhide. “Cyberdyne Systems?”

Mitsuhide sighs, inaudible but obvious by the way his shoulders sag with the exhale. Sir always has been one for formality and decorum. Whispered concerns are not something that makes him happy during an already bad meeting on an already crap day.

“Obi. Mitsuhide. Hisame.”

“Your majesty,” they respond in practised unison acknowledgement of the highest commander of the Clarines military.

“You three will be the first to undergo the transformation under Cyberdyne’s medical staff. You are exemplary fighters and are the best suited for the transition. Report to the Cyberdyne Systems base in Oriold in two days. That will give you time to say any goodbyes you may feel necessary”

With that, Izana leaves the meeting room. No one in the room needs any other direction. The war council is adjourned and it is time to make their respective plans.

“What do you think he means by ‘transformation’ and ‘say goodbyes?’”

“I don’t know, Obi. But I’m going to go see Kiki and I suggest you go back to Lilias. Spend time with Shirayuki and Ryuu.”

----------

When Obi walks into their apartment late in the evening, he looks bones-deep exhausted. The weight of the world bowing his shoulders and hunching his back more than usual. He leaves his to-go box from lunch uneaten. Ryuu pulls himself out of his book, he notices the tension and excuses himself for bed. Shirayuki can’t quash the feeling that something is happening. Something she doesn’t know. Something big and likely awful.

When she stands in front of him, looking at him with pleading eyes- begging him to talk to her- he reaches out to hug her. He pulls her so close. Holds her so tight. And she knows. She knows. Their lives are about to change forever and nothing can stop it.

When he lets go, he pulls out his work-issued comm tablet and opens up his email. “I’m not supposed to show you this,” he says, as distant as the palm trees of Yuris when he hands her his tablet without looking at her.

“You will report to Cyberdyne Systems. Come fully hydrated. Drink no less than one gallon of water the day before your arrival. The medical staff will perform some preliminary bloodwork and a urine sample will be required. At which time you will be moved to surgery for implantations and modifications. After you recover, you will be paired with your handler, a person going through training to work with you in battle strategy as well as serve as your own specialized mechanic.

Makiri Arleon”

Obi sighs. “I have two days to say my goodbyes and report for duty.”

“What do they mean ‘handler’ and ‘implantations and modifications?’” She can’t believe what she is reading. This sounds suspiciously like mechanizing real people, a concept that had been rumored to be experimented with but has thus far been chalked up to nothing more than the newest wave of lingering conspiracy theories.

“This is how I lose my humanity, Miss,” he says with the saddest smile she’s ever seen and her heart shatters for him. “I’ve been one of the three men selected to be in the first round of cyber fighters to protect everyone from the aliens.”

She doesn’t know how to react at first. She feels as lost as he looks. But he needs her right now and he needs her as strong and ‘normal’ as ever though this is anything but. She settles with something safe. “Let’s get some sleep, if we can. We can wake up early tomorrow and take Ryuu on a hiking trip. He’d like that.”

“Yeah.” He gives her shoulder the slightest of squeezes as he walks into the bathroom.

When she hears the shower turn on, she seizes her opportunity and grabs her cell phone. She punches in a phone number that is way more familiar than she would ever like it to be. When the line connects and before he can say anything, she says, “I want to be his handler.”

The chuckle that fills the space is one of genuine amusement which is surprising but she won’t complain about it. She’ll take what she can get out of him, though nothing with him ever comes without it’s own price. Cost doesn’t matter this time. Whatever demands he makes, she���ll pull through on it.

“The handlers are in charge of keeping the mechas healthy and working with them on strategy, correct?” She will press him. She’s earned enough of his respect to throw some of her weight around. He knows damn good and well how useful she is and how reliably she can be that useful.

“You read the whole email,” he states. No question, just facts, and oh so very, very irritatingly Izana. But he confirms what she read anyway. “That is correct, yes,”

“Then let me be his.” She leaves no room for argument. She will fight him on this. It’s them or neither and she will make sure of it. Tanbarun would hide them without hesitation and all it would take is a call to Prince Raj.

“You know I could have him court martialed and jailed for feeding you classified information, right?” She doesn’t miss the gravity in his words.

She laughs, bitter and hollow. He could, in theory. But Obi is the best fighter Izana has in his arsenal and she is the best medic that doesn’t have other obligations preventing them from signing on. Whether he likes it or not, she is the best equipped to be Obi’s handler. “We both know you won’t do that.”

[mostlysignssomeportents]

Neoliberals won't waste this crisis

"Never Let a Serious Crisis Go to Waste: How Neoliberalism Survived the Financial Meltdown" is Philip Mirowski's 2013 book on how neoliberalism's true nature and virulence were exposed by the 2008 crisis.

https://www.versobooks.com/books/1613-never-let-a-serious-crisis-go-to-waste

Now, in a new interview with Jacobin's Alex Doherty, Mirowski lays out a sharp-eyed and alarming analysis of how neoliberalism is capitalising on the pandemic crisis and making ready to finalize its dominance over the human race and our planet.

https://jacobinmag.com/2020/05/neoliberals-response-pandemic-crisis

Mirowski says that the one ideology that binds together all strains of neoliberalism is the belief that "people are inherently bad cognizers — they can’t work their way out of their problems just by thinking."

And the corrolary to that is that markets' function as a corrective for our irrationality. Markets aren't an allocator of resources, they're "the greatest information processor known to mankind" - that's the Hayek conception and it runs through every strain of neoliberalism.

The implication of these two facts is that people don't know what's good for them, so they have to be led into a system of governance-by-market, by trickery, force, honeyed words, whatever it takes.

Hence the circular neoliberal debate:

"Why can't democracies tell companies to stop polluting?"

"Because companies' success is will of the people."

"I thought democracies were the will of the people?"

"No, that's what people say. Markets are what they DO."

The conviction that people don't really know what explains the neoliberal project and its vast array of rigidly disciplined thinktanks and pundits - the so-called "Neoliberal Thought Collective...a deep bench of ideas and people able to move very quickly when crises arise."

For Mirowski, "the Koch group are unapologetic Leninists - their line is 'we have to take over.'" When your group takes Koch money, it also has to take Koch perspectives.

By contrast, lefty funders like The Democracy Alliance (ironically) operate a "marketplace of ideas" where groups are free to disagree with one another. The left's allergy to top-down governance is why "the Left is set up to lose, if it keeps operating in that way."

It's why there's no leftist Mount Pelerin Society, and why left populism is genuinely populist, rather than astroturf ops like the Tea Party and its weird offspring, the anti-quarantine Flu Klux Klan.

The left's disarray allows the right to own this moment. exploiting the crisis to gut FDA controls over drugs, to institutionalize telemedicine (whose long-run outcome will be to deny poor people the right to ever see a doctor), and to remake pharma as a "heroic" industry.

And, of course, it's the perfect opportunity to kill off the US Postal Service.

https://pluralistic.net/2020/04/13/control-c/#art-1-sec-8

Mirowski is pessimistic about the left's chances to seize the crisis to advance its program: after all, House Dems haven't been able to get ANYTHING in the bailouts, not even a budget for comprehensive covid testing and treatment.

But he's just as pessimistic about the right's ability to retain control. Neoliberalism is going to destroy the economy and leave 30+% of workers in permanent unemployment. The paranoid militancy they fostered with the Tea Party will mutate into outright fascism.

Just as the Weimar establishment thought that Nazis were useful idiots who'd only terrorize their political enemies, only to lose control over these "fringe elements" that became "more fascistic, more racist, and more nihilist."

It's not the only parallel to the Holocaust to be drawn here. As Hamid Dabashi writes in Al Jazeera, the first move in Nazi esterminationism was the "involuntary euthanasia" of "life unworthy of life": people with mental and physical disabilities.

https://www.aljazeera.com/indepth/opinion/coronavirus-prospect-mass-involuntary-euthanasia-200515122939558.html

This normalized the idea of worthiness of life, paving the way for mass extermination campaigns targeting Jews, Roma and others.

Today, we're being told that chronically ill and elderly people are unavoidable "collateral damage" in the "war" on pandemic.

The right's become a full-on death cult, willing to sacrifice unlimited numbers of expendable and dispensable human lives for "the economy." Even their own stalwarts - the elderly voters who are the GOP's most loyal base - are slated for liquidation.

https://pluralistic.net/2020/03/24/grandparents-optional-party/#turkey-shoot

Right on cue, the US government is procuring vast stockpiles of antipersonnel equipment: "disposable cuffs, gas masks, ballistic helmets, and riot gloves, along with law enforcement protective equipment."

https://theintercept.com/2020/05/17/veterans-affairs-coronavirus-security-police/

As Lee Fang writes in The Intercept, the newly armed Veterans Administration police are a microcosm of US elites' instinctual view of how the rest of us will act as things get hard.

It's a phenomenon familiar to readers of Rebecca Solnit's must-read 2012 book "A Paradise Built in Hell": the "elite panic" response that pre-emptively treats ordinary people as looters and rioters until proven otherwise.

https://www.penguinrandomhouse.com/books/301070/a-paradise-built-in-hell-by-rebecca-solnit/

A final word to Solnit, who updates "Paradise" with a crucial Guardian essay:

https://www.theguardian.com/world/2020/apr/07/what-coronavirus-can-teach-us-about-hope-rebecca-solnit

"When a storm subsides, the air is washed clean and you can see farther and more sharply than at any other time. When this storm clears, we may, as do people who have survived a serious illness or accident, see where we were and where we should go in a new light. We may feel free to pursue change in ways that seemed impossible while the ice of the status quo was locked up. We may have a profoundly different sense of ourselves, our communities, our systems of production and our future."

[dagwolf]

The 1st of May

Six or seven years ago, the approach of this date used to arouse great hopes and great fears. The bourgeois quaked, the police made ready for a crackdown, the revolutionaries stood in readiness for the struggle, and huge masses of proletarians looked forward eagerly to that date like some mystical day fated to signal the end of their suffering.

Since then, the movement has, little by little, been dwindling in importance until it has been forgotten by some, and looked upon by others as one more innocuous anniversary on the calendar of the revolutionary merry-makers.

What should have been the tangible sign of the solidarity pact between the oppressed of every country, what should have been a review of the proletarian forces, what should have helped prepare the people for today’s great revolutionary means—the general strike—has turned into the feast of labor—and a feast day little observed!

Why such a stark and swift decline?

Who is to blame?

Pretty much everybody. The democratic socialist who, in Europe anyway, had come up with the idea and taken the initiative with the movement, were almost scared by the enthusiasm it inspired and by the revolutionary tenor it went assuming in a few months in all countries, and they immediately strove to play down its significance and drain it of the pugnaciousness it had acquired. In the bigger towns, where their party could marshal impressive numbers, they turned the First of May strike into a feast held on the first Sunday of the month, thereby sapping it of its character and raison d'être; or they sought to whittle down the demonstration to a procession of delegates walking into parliament to hand in a petition, thereby creating the belief, congruent with their tactics, that everything could be obtained trough the law and that there was no point in street agitation.

The anarchist were divided, prey as they were of those germs of dissolution that, after dissipating so many energies, eventually led to sharp separation and to the present new direction. One faction remained indifferent, or opposed the movement either because it was hostile to any movement of the organized masses or because this one did not have the outward appearance of an anarchist movement. The other faction enthusiastically embraced the idea, tried to imbue it with a pronounced revolutionary character, but having no broad base with the workers’ movement, could only produce unavailing efforts attested by personal sacrifices of varying gravity.

Only in Spain, precisely because there they were the soul of the workers’ movement, were anarchist able to set off and sustain really noteworthy agitation that first year. But then in Spain too the movement faded and perished: partly because there too the germs of disintegration afflicting anarchist bodies in other countries were making headway, and partly because of another factor that was everywhere the primary reason for the decline of the 1st of May.

And that factor was immoderate, untimely enthusiasm. The notion had taken root in the people that revolution would take place on the First of May in a year or two. One year went by and then the next and another and still no revolution came. Disillusionment set in and the subject of the First of May was dropped.

The movement is in need of of an overhaul: overhauling it with serious intent, without unwarranted short -term expectations, but with the firm intention of never halting again.

We are not going to make the revolution in 20 days: the police need not panic. We shall abstain from working, try to get as many people as possible to abstain too, and seize the opportunity to carry out as much propaganda as possible.

This is all our forces allow us to do now. We shall think about the rest in due time.

L’Agitazione (Ancona) 1, no.5 (Apri 12,1897).

The 1st of May

At the time of writing, we do not yet know how important the 1st of May demonstration will be this year. Unfortunately, we do not have high Hopes. The democratic socialist, who could ensure a solemn demonstration if only they committed to this agitation—in which class struggle could really be affirmed and organized—a tenth of the effort they put into the election campaign, stage the event indolently, merely because, at this point, staging it is a habit. Right from the outset they strove to turn the workers’ strike into a labor holiday, mounted, if possible, with the assent of the masters, and they so far as to want governments to declare it an official and mandatory holiday—and they are now carrying on in the same vein. They are afraid of playing with fire, afraid that the people might start to become conscious of their own strengths and start doing things for themselves. In their eyes, there is nothing but Parliament, and any other approach is a hurdle that they hearty abhor, even when they are required by convenience to consider it.

And what about us? Right now we are powerless to embark on anything of note, especially in the conditions presently being enforced on us by the government. This is to our shame, for the fault is largely our own, but the shame and blame would be beyond repair, if we did not have courage to own up to it and if we stayed on the wrong road.

We have moved away from the people and that has been our downfall. Going back among the people is the only way of salvaging our movement and our idea. It is through our efforts that the great Workers’ International must be reborn, corrected, and bolstered by the experience and study of the last 25 years, so that every 1st of May it will be able to review its forces and, once strong enough, achieve the yearned-for emancipation.

We need to get it into our heads— since the facts furnish us with daily proof of it—that thing cannot be improvised. Making preparations a fortnight in advance for some one-off publication, issuing an eleventh-hour appeal to the people who do not know us, who may never have heard of us or of our ideas, is of little or no use.

In order to succeed, it takes long-term, constant, day-to-day work; it takes practical work, done in conjunction with resistance societies, cooperatives, and educational circles, of gradually marshaling, organizing, and educating all the fighting forces of the proletariat. That much we promise to our comrades. That much we ask of them.

And if we all buckle down on this, the next 1st of May will find us in quite different conditions.

Agitiamoci per Socialismo Anarchico (May 1, 1897), single issue, replacement for no.8 of L’Agitazone

Echoes of the 1st of May

As we had forecast, the 1st of May this year was a very poor show. And, most hurtful of all, the process of decadence tending to turn the demonstration, thestrike on that day into mereholiday has become even more pronounced. Drinking, marquees, balls: these are the key features of the day in those places where anything at all took place.

Not that we despise amusements; in fact we should like to see the workers get used to them and demand time and wherewithal to indulge in them. Neither would we have have preferred riots and upheavals, which would have gifted the government with an outlet for its lust for persecution, since it is our conviction that persecution is not welcome, unless one is in position to resist it successfully. But the 1st of May was the day on which workers of the world over should have signalled their determination by striking, despite the masters, in the name of the cause of labor, and affirmed their wishes and reviewed the forces available to them in demanding the satisfaction of those wishes. This is the character that should have been been preserved, and this is the character that needs to be put back into it, lest we completely spoil that idea, which, as it appeared like a brilliant invention in the history of the workers’ movement, immediately elicited so much enthusiasm and so many hopes.

A worker who squares up to his master and runs the risk of losing his job, out of labor solidarity, and in order to abide by the watchword passed around his comrades, is a moral example for the present and a fighting force for the future. The same cannot be said of one who goes and gets plastered one more time with the master’s blessing.

We appreciate just how hard a sacrifice it is for a family man to place his bread in jeopardy and that not everybody has the strength to do that–for, if everyone had that strength, victory would already be ours and sacrifice would be uncalled for.

But, alas! The proletariat can only emancipate at cost of tough sacrifices. The democratic socialist have a tendency that society can be transformed without the proletarians’ facing suffering and danger. That too is a by-product of the electoral tactic, of the yearning to pick up votes at any price. In fact we remember seeing socialist newspaper that were unabashed about telling voters: “They want to buy your vote? Fine, go ahead and grab the money… and cast your vote for the socialist candidate. The master is making you vote for the would-be minister? Tell him yes and cast your vote for the socialist.” Is it by schooling people in this way, that they expect to have conscious and dignified men, capable, in great historical events, of standing up to have their rights respected and knocking down the bourgeois world?!

No. The proletariat’s fight is a harsh one, demanding plenty of sacrifices, and the 1st of May ought to be primarily a school in sacrifice, solidarity, and concerted action.

A master who willingly concedes a day off and encourages the workers to avail of it, a government that declares the 1st May a public holiday would be fallowing a shrewd conservative policy; they would be depriving the workers of a weapon. But for that very reason, it is unfathomable how socialist would want to celebrate the 1st of May along with the masters and, if possible, with the official sanction of the established authorities.

The vital point, again, is that workers get used to asserting their will and to doing it all together, so as to add strength to their determination.

It is a matter of secondary importance what more or less effective or delusive reform the workers demand. Once the workers know how to demand, once the are determined to live well and have seen, I practice, that by standing together they can get what they want, it becomes much easier to get them to comprehend what they should demand.

In the early years of the 1st of May demonstrations, the demand most in vague was for the eight-hour work day. A poor reform, indeed, which in certain circumstances would bring a small benefit to the workers, in others would prove delusive, and in very many circumstances would be completely unworkable in the absence of radical overhaul of the existing order.

Never mind! If only workers had really wanted it and set out to obtain it directly, without any hope to receive it from the hands of the governments and deputies! Many anarchist took no interest in the movement, because the workers’ demands fell short of our program. And they were wrong, because it is not by abandoning workers to the influence of politicians that we can steer them on to the road to full emancipation.

True, it is childish and silly for anodyne reforms when it has been shown that it takes as much energy and sacrifice to wrest from the ruling class a petty concession or a major one, and that in any case small reforms, for what they are worth, are extracted only when more substantial demands are made. But in order to get this across to the workers, we need to be in their midst, fighting alongside them, expediting as much as possible those practical experiments that are worth more than any theory.

Anyway, people won’t accept our ideas in one fell swoop, and society won’t switch abruptly and without transition from today’s hell to the paradise which we yearn.

Every step taken is a real advantage, provided it is a step in the right direction, which is to say, as long as it is a step in the direction of the abolition of authority and private property and as long it nurtures the spirit and practice of free and voluntary cooperation in the workers.

Agitatevi per il Socialismo Anarchico (May 8, 1897), single issue, replacement for no.9 of L’Agitazone

All articles where translated by Paul Sharkey and appeared in The complete Works of Malatesta vol.3: A Long and Patient Work

[eltanin-malfoy]

Life Kills (Kill Or Be Killed I)

pairing : draco/fem-collegestudent!y/n (not that romantic.. or platonic)

word count : 3.4k!

warnings : smoking, swearing, mentions of murder/violence/poisoning, angst!!!!

a/n : this is set in an original modern non-magic AU, and the story is based off of (MAJOR SPOILER ALERT, DO NOT CHECK OUT THE PROMPT UNLESS YOU WANT TO SPOIL THE REST OF THE STORY lol) this prompt on @writing-prompt-s. there is no real romance between draco and y/n in this chapter, and i’m not exactly sure there will be. the premise of this story kind of makes that a little crazy. for now, it’s pretty much just animosity. there is the slightest possibility of this turning into a slow burn fic.. so hold on, i guess. this is definitely not your typical x reader. at all. i would appreciate any and all feedback from you guys! requests are open as well :) also i hate smoking irl but it just fit here, sorry.

Chapter 1 : Life Kills

Smoke. 

That beloved scent filled Draco’s lungs as he took a drag from the wrinkled brown stick in his hand, his steely eyes shutting as its end glowed red. He held it away for a few seconds as he exhaled, white clouds slipping out of his lips into the cold air in front of him. His eyes followed his own exhalation into the sky, his fingers fidgeting with the green lighter he’d used to ignite his toxic addiction with. 

He grinned, then brought the cigarette to his lips for another puff, then another, then another, till slowly, the tube of tar was finally used up. He folded up what was left of his papery weapon with his thin fingers and finally tossed it to the ground. He reached into his pocket for his pack, searching for even more release.

He lifted his gaze to the scene in front of him, the concrete jungle that was Bond Street. The expensive logos were practically calling out his name. It’s just my fucking luck, isn’t it? He scowled at the crowds gathered around the area. My lovely parents just had to go get themselves arrested and leave me all by myself. He instinctively grit his teeth as memories of his awful father fluttered through his brain. At least I don’t have to associate with that.. that.. tyrant anymore. 

“Draco? Two minutes left in your break, son.”

The pale blonde rolled his eyes as he stared out front, but looked back and flashed his elderly boss a (fake) smile. She nodded and stepped back inside, arms crossed around her portly frame as she shivered. 

It had only been a few months since his parents had been arrested by the government after being convicted of illegally possessing and smuggling famed works of art, literature and the like. When the authorities first began their investigation, Lucius had said that it would all work itself out, even though the police’s suspicions were absolutely correct. He had connections everywhere, after all. But, alas! A search warrant had made its way to Malfoy Manor before his parents had the opportunity to sweep everything under the rug, and.. even their very expensive defence lawyer wasn’t able to hide the fact that they were caught red handed.

This had led to a crapload of problems in Draco’s own life. To begin with, he wouldn’t be able to see his mother for at least another decade. His parents’ fortune (and his trust fund, of course!) was seized by the government, leaving him absolutely broke, and forced to drop out in the second year of his Chemistry degree at the very prestigious Oxford University. He’d tried hard to find some kind of a placement in any of his parents’ friends’ companies, but no, they’d decided to stop associating with any member of the Malfoy clan. So, he managed what he could and left his old grand life in Wiltshire for some kind of meagre lifestyle in London. Working as a cashier at Tesco probably wasn’t the worst thing he could be doing.. It was minimum wage, but, it wasn’t hard. Didn’t require much energy. 

Draco, for one, had never understood his parents’ motivation to undertake that.. that.. stupidity. 

His parents’ family fortune had had practically no purpose in the first place. There wasn’t a glint of compassion in his father’s heart, and all he wanted to use it for was to satisfy his own wants. Illegally purchasing stolen historical artifacts? Of course. Selling them off to others for even greater profits? Sure! But giving a beggar even a single pound? Absolutely not. This total greed and attitude of disgust his father had had used to interest him when he was younger, back in secondary school. He’d made a habit of showing off his wealth and talking down to those who didn’t have much in comparison. But as he grew up.. he’d realised how awful it was.

Especially now that he was only twenty, absolutely alone and having to live off of four hundred pounds a week. It seemed like a lot, at first, but once you factored in rent, food and basic needs, he was barely left with a handful to work with. His heart practically broke every time he caught sight of a homeless person and somehow, so different to his former self, he’d find himself searching in his wallet for spare notes to hand them.

He quickly opened up the pack of cigarettes and pulled out one to satiate himself, stress bubbling up in his veins. He shoved the box almost haphazardly back into the pocket of his coat, then held it to his lips and flicked his lighter, the brilliant orange flame lighting the tip of the cigarette. He took a drag and looked around again, slowly turning to walk back to his place of work. He took a few deep puffs and was just about to trash it when he heard.. what sounded like a struggle? 

He headed down the alleyway, to a bit of a darker turn, instinctively slicking back his platinum blonde hair. He finally got a glimpse of what was happening. There was a girl, probably around the same age as him, having a dynamic disagreement with a.. homeless old person? His protective instincts kicked into gear as he saw her swatting at him with the umbrella in her hand, yelling at him for what sounded like.. attempting to trip her?

The old man was shielding himself with a blanket, his arms over his head as he called for help. Draco, feeling almost like his saviour, pushed the girl away, which, he realised was not the best move with his tall figure, made her fall to the ground with a loud squeal. The old man set the blanket down and looked up at the lack of commotion, then gave the lanky blonde a smile. He even mouthed a soft ‘thank you’ and Draco waved his hand, reassuring him that it was no big deal.  He took a deep breath, about to turn on his heel to leave, but found himself scowling down at the girl, who was slowly getting up again.

“Why did you do that?” She panted, her hair messy as she got back onto her feet. She wasn’t exactly well built herself, her face was a bit pale and there were hints of shadows under her eyes as she glared up at him. She dusted herself off and placed her hand on her denim-covered knee, wincing the slightest bit. She quickly rose up again and brought her hands to her hips. “Don’t need to look at me like that.” She clenched her jaw and Draco realised that he’d been silent all this while.

“Don’t need.. idiots like you treating helpless people the way you did. Fucking awful, that was.” He looked her over quickly, his gaze pausing at the straps of the backpack on her shoulders. “You.. you students think you can just get away with anything, don’t you?” He found himself getting a bit more heated, his cheeks slowly beginning to turn purple. 

She opened her mouth to speak, but Draco rolled his eyes and finally turned to leave, walking back down the alleyway without a word. “Well, we don’t need pricks like you defending these oh so helpless people when they try to steal something from someone.” She called out after him and he stopped, staring to the front, before looking over his shoulder. Instead of locking eyes with her, he saw the same homeless man, staring into space as he huddled up with that blanket. Draco felt the slightest pang of guilt in his gut, but ignored it and continued, still choosing to believe that she was just.. an embodiment of his own father. 

Nasty and entitled. He thought to himself as he slipped off his coat, setting it on a rack in the Employee’s Only room. Bet she hasn’t known any real problems in her life. Bet she’s not even a fucking good student. He felt his rage boiling up within him again, but stared at himself in the small mirror by the door. He placed his hands on his reddened cheeks and forced himself to calm down, taking deep breaths and reassuring himself of his own ability. Looking very flustered wasn’t exactly ideal for a cashier in a supermarket, after all.

***

Draco ran the carton of milk over the scanner. Beep. He passed it over to the red haired boy to the side of him, who began to stuff it into a plastic bag. He tried his best not to glance at his customer, but his curiosity bested him and he reluctantly flashed the dark middle aged man a smile. He shook it off and stared at the monitor in front of him. “That’ll be ninety four pounds and thirty pence, sir.” He looked over at the man as he pulled out his wallet and ruffled through it to hand him a few notes, along with a few coins. 

“Oh, and I found this in the Car Care aisle.” He pulled out yet another wallet from his pocket, a black, leather one… just like Draco’s father’s.. He let out a sharp exhale and gently took it from him, setting it on the counter. “Thank you, sir. We’ll announce that it’s missing right away.”

The boy then stuffed the notes into the drawer of the cashier, pulling out the one and returning it to the man. “Here’s your change! Thank you for shopping at Tesco, have a nice day!” He forced the words out of his mouth, his voice dry. He could act well, back in the day, but now, he wasn’t exactly willing to try. The ginger opened his mouth to speak. “Hope to see you again, sir, thanks for returning the wallet you found!” A bright smile on his stupid face. Ugh! Always got to suck up to them, doesn’t he? Draco grit his teeth as he shut the register, looking up to see that there was no more customers queuing at the counter. 

He opened up the wallet and looked it over, then noticed the name on a credit card in one of the sleeves to the front. There were a couple of ID cards in the others, but.. he couldn’t exactly be bothered. He leaned down and pulled out the small microphone wired to the counter, thought his announcement up, pressed the button besides it and opened his mouth to speak. 

“A black leather wallet belonging to a Y/N Y/L/N was just found in the Car Care aisle. Kindly approach counter number 4 for more details, please.” He called out, almost monotonously, closing the wallet up and setting it away. He turned it off and set it away. He looked over at the wallet again and goddamn Lucius’ face flashed in his mind again. 

“Can’t seem to learn to act a little nicer, can you, Draco?” Draco lifted his gaze to look over at him, eyes flitting down to the name tag by his collar. Ron… what a bloke to be forced to spend these hours with.. Draco furrowed his brows and just shook his head. “No, I can’t. And that’s the way it’ll be. I’m saying what I have to say, and I shouldn’t be judged for not feeling like a chirpy little bird all the time.” “Okay.. whatever.” Ron rolled his eyes and fiddled around with the bags attached to the hooks by the counter, then looked around. “Not a very busy day today, is it?” 

Draco looked down as his eyes widened, somehow Ron had mastered getting on his nerves. “No, it’s not. Not a lot of people out this late at night on a Sunday, Ron.” He looked over at the digital clock by the exit of the store, tilting his head and rolling his shoulders lightly. ‘10:47’  The clock read. Less than a quarter of an hour until my shift ends and I can get out of this shithole. He stared into space as he bit down on his lip, grateful that Ron had finally decided to remain silent. It wasn’t too chilly inside, but it was unbearable for every other reason. This forced happiness with every single customer, the annoying radio somehow constantly playing only the songs he seemed to hate, his annoying bag packer.. maybe retail really wasn’t for him. He shook his head and fiddled with the edge of his blue uniform shirt, staring at the clock and waiting for time to pass. 

Easy money, isn’t it? He continued to think to himself. Have to press a couple of buttons, say a couple of words, stay in my place, everything works out. He took a deep breath. Good cover too. No one’s too careful with managing who does the shifts either.. Great alibi, Draco. Could just lie and write my name up in the lists.. No one even cares. A small smile grew on his face. No one would even know if it was me.. Not one. Murder isn’t that hard when you’ve got control of the inventory as well. Change a couple numbers, bag a couple of items and take them out with you through the employee’s exit, no one would even know a thing. 

After having to leave university, Draco had grown very, very confused as to what direction to steer his life in. Money wasn’t exactly what he was after.. and it seemed like any past hopes of his of being a research scientist were pointless without some kind of a degree. Chemistry had been his subject of choice, much to his father’s great disdain. He was fine with Draco not even going into tertiary education at all, he had the family business going for him, didn’t he? If you could call it that, then yes. But.. it wasn’t for him. Smuggling wasn’t what interested him, really. It was murder, now.

Draco had liked reading about true crime since he was a child. The horrors, the mysteries and everything else had fascinated him to no end. He thought it had just been some kind of juvenile interest of his, some way to satisfy his curiosity. He could never have seen himself attempting any of that. But that was until he was forced out of his lush lifestyle, this whole change had not only upped his anger and generosity towards the rich and the poor, respectively, but also his desire to get rid of the stress inside of him. Nicotine had soon become his drug of choice but.. 

He craved something more.

Roland Hoyt… oh boy.. That was the one serial killer Draco had truly been fascinated by. That absolute genius had managed to kill eight people in an old English town with the use of chemicals. It was some mixture of cyanide and barbiturates that he had managed to feed to most of his victims which lead to their death, but what had truly drawn Draco in was the few cases in which Hoyt managed to use his own version of the famed lethal injection. It was beyond wicked, truly. Draco felt like it would be one hell of an insane mission, had felt crooked to the bone even thinking about doing it, but truly, there was no better way to get out his frustration than to just.. do the same. He couldn’t exactly afford any kind of games, or gym membership or as such any longer. And even his most recent ex, Pansy, had seemed to lose any interest in him once he lost his fortune. Talking to girls wasn’t exactly his forte to begin with, anyways. 

He just wanted to try it, really. Out of curiosity. Just someone who no one would miss, would even know they were missing. He knew it was absolutely awful of him to even try.. But he’d studied up enough to know how to get away with it, and try he very well would. Or at least try to try, right?

He was snapped out of his thoughts with a nudge to the shoulder from his accompanying bag packer. His head shot up and looked over at him. “What is it, Weasley?” Ron pointed over at the other side of the counter where a new customer was stood.

“Not you again..” 

Draco suddenly froze, instantly recognising that voice. He looked up hesitantly and locked eyes with her. It’s that bitch from earlier! Should bar her from coming in here, really! He grit his teeth and pursed his lips slightly, but soon opened his mouth to speak. “Good evening, miss.” His tone seemed a bit cheery, but was obviously rich in sarcasm. “The wallet’s mine.. “ He almost snarled at this, but placed the wallet on the counter. “Are you sure? Or are you just trying to..? You really Y/N Y/L/N?”

She rolled her eyes and took the wallet, opening it up delicately. “Do you really think I’d steal a wallet? You shouldn’t be allowed to work here, honestly.” She pushed a single bottle of antifreeze forwards, fiddling with the ends of her hair. Draco quickly sized her up as she moved forward. The backpack was gone, replaced by a small satchel bag over her shoulder. She seemed to have changed as well, while he couldn’t remember what kind of shirt she was wearing, the jeans she had on were replaced by some shorts.. and what seemed like a small plaster over her knee. He took the bottle of antifreeze and brought it up to the scanner.

“Well, good thing I have a kind manager, then.” He rolled his eyes as the machine beeped, passing the bottle along to Ron, who almost dropped it at first. Draco looked over at him and his eyes were practically stuck on the girl as she glared at Draco. She suddenly looked over at Ron as well, launching into another attack. “Has Tesco seriously started employing assholes who push customers around when no one else is looking?” She bit down on her lip, awaiting some kind of a response.

“Well-well..” Ron stuttered out and Draco couldn’t help but cringe for him, pressing a few buttons on the register. “He’s just the one.. Really. The rest of us are.. not bad.” The girl seems unsatisfied with this response, but continued to look at him, studying his reaction. “So.. you’re not bad then?” She asked, eyeing the redhead quizzically now. “I can be great for a pretty girl like-” “That’ll be seven pounds.” Draco looked over at Ron to see him staring back disapprovingly, arms crossed over his chest. He could feel the slight snarl growing on his face, but snapped out of it, knowing he couldn’t have this girl actually complain about him to his superiors. “Paying by card?” He flipped a card reader over to her, then pressed a few buttons on his own register. She nodded and fit it into the slot, waiting patiently as it flashed an ‘Approved’ sign. “There..”

Draco rolled his eyes yet again, reaching over to grasp the receipt that had just finished printing out. “Miss, you need to sign and write down your contact number here. Just for verification purposes.” He placed a pen right next to it and took a slight step back, studying her for a second. She seems.. easy? A bit violent.. But easily taken care of. Fell like a twig. He shook the thought from his head for a second, looking down as she finished up.

Almost unpredictably, she looked up and flashed Ron a smile, whose ears immediately flushed pink. Sure enough, the signatures matched and he handed her her bag, after which, she soon stepped out. “What the hell was that, Ron?” Ron just shook his head and looked over at her, before glancing back at the Employees Only room.

Y/N Y/L/N. He thought. How convenient. He looked over at the girl exiting, making a mental note. He quickly closed up the register and placed a ‘Next Counter Please’ sign for the next employee to take off. Ron had already cleaned up his area and had started heading back to the Employees Only room, probably to change. 

Y/N. Draco finished up and put his hands in his pockets, heading back himself as he noticed a few other employees shuffling over. Physically, she’s an ordinary female, but mentally, just as spoilt and awful as Father.

Think I’ve found myself a first victim, haven’t I?

Chapter 2

[rauthschild]

Every day of my life I am assaulted with a flood of complaints and horror stories about the "justice" system in America because quite plainly, it is not a justice system.  It is an injustice system.

There are reasons for this and once you know the reasons, it is easy to grasp the reasons why.  

This system was set up in the wake of the Civil War by the triumphant Union Army and their British Allies as a means to collect war reparations from the Southerners.

What you are dealing with are the infamous "Carpetbagger Courts", so-named because Hired Jurists from the North and overseas arrived carrying their belongings in "carpet bags" --- bringing with them their foreign law, known as the King's Equity Law, in which the King owned all Equity.

The way this "law" works is that all the victims of it are pre-judged and defined as criminals so that when you walk into one of these courts there are no actual court proceedings or evidence. You are already condemned simply on the presumption that you are a rebel and owe the King money.  

Read the infamous Fourteenth Amendment of the Scottish Interloper's Articles of Incorporation masquerading as "The Constitution of the United States of America" published in 1868 with new eyes.

All Municipal "citizens of the United States" --- the Federal Civil Service workers who sided with the South, are criminals and debtors by definition, as well as all the hapless black plantation workers who had this citizenship status "conferred" on them the year prior.

This allowed the King's Hired Jurists to come in and set up private debt collection agencies in the form of courts; these Hired Jurists are instructed to provide "an appearance" of justice ---- that is, to act under color of law, and to appear to go through a court procedure, when in fact, that isn't what is happening at all.

What their actual job is, is to seize upon assets belonging to you for the King's benefit, and they get a fat cut of the proceeds for doing so.  Examine the CRIS system, which is a pension system based on rigged betting on court cases.

With a 96% conviction rate, betting on the results of American court cases is a pastime akin to shooting fish in a barrel, which is why it is so popular with sleazy investors. It's a "sure thing" because everyone is guilty by definition.

This proved so highly lucrative for the King and his Hired Jurists that nearly all the courts employ these same means and modes of operation.  They are not in the business of providing justice  --- they come right out and tell you that their courts don't consider the Law or the facts.  

And now, doesn't it all begin to make a lot more sense than Bar Attorneys are Shipping Clerks in the British Merchant Marine Service?  

It's their job to ship your assets (minus a healthy cut for their services) back to the Pope and the King.

So, about now, you are outraged, stunned, realizing that these filthy pikers have been sitting in your courthouses, pulling this racketeering scam for decades, and have gotten away with it and have only become more brazen about their racketeering over time.  

And you are beginning to realize that these are not your courts at all.  

They are literally foreign courts, and they are enforcing foreign law on you, in direct violation of our Public Law, Amendment XI of all three Constitutions: Autochthonous Americans are not subject to any foreign law ---- so how'd you wind up in their docket?

By being misidentified.

The British Territorial United States Government has pretended (and falsified records to the effect) that you are a Municipal citizen of the United States, while in return, the Municipal United States Government has presumed that you are a British Territorial Citizen, like someone born in Puerto Rico.

Neither one of these foreign political statuses can rationally be applied to you, an Autochthonous American --- but until and unless you object and take action to repudiate these cozy "legal presumptions" --- they stand.  

So far as the registrations of your name show, you are a Municipal citizen of the United States, subject to Territorial (British Commonwealth) Law ---- the King's Equity Law. You are guilty by definition.  

And if you object, they will be happy to consider you a Territorial U.S. Citizen subject to the Spanish Law of the Inquisition in their Municipal COURT, which they run in tandem with the Pope's Hired Jurists.

So, you are damned if you do, and damned if you don't, and neither "side" of this "double-ended impersonation scheme" is willing to give it up.  There's too much easy money involved, and they are afraid that they will be gibbeted as inland pirates if they ever admit to what they've done here.

Thus, they put on their best poker face and try to bluff their way out of a situation that is too blatant and now too well-proven.  

The question remains--- what do you do to change this situation?

These are foreign courts on our shores, practicing foreign "law" which is essentially extortion in the name of their King (or Pope if it is a Municipal Court). Clearly, you have no direct control over foreign courts --- and they should have no control over you.

This is how the Colorado Nine got into trouble, mistaking these foreign courts for American Courts, and unwittingly transgressing against them.  

It would be like mistaking a guy who looks like your Cousin Waldo, talks and walks like your Cousin Waldo, for your Cousin Waldo ----and so you walk up to him, slap him on the arm, and say, "Where're that ten bucks you owe me?"   And in return, the guy looks at you like you are nuts, charges you with assault and battery, and defamation of character, and questions your sanity.

These courts have impersonated our Autochthonous USNA courts to promote their activities under the color of law.  Of course, they look like "Cousin Waldo" --- they appear to be Autochthonous American Courts, but they aren't --- a fact that I tried to get through to Monique Pressley and the others involved in the National Bar Association (> Black Brits) and America Bar Association Debacle.

There's no point in addressing them as if they are Autochthonous American Courts when they aren't, even if they are staffed by Autochthonous Americans hired to act as Jurists, even if they are protected by armed private security forces composed of other Autochthonous Americans hired to act as Law Enforcement Officers.  It's like a stage play with a cast of confused retarded Afro-Saxon characters.  

It turns out that you cannot change them, but you can change yourself.

You can reclaim your birthright political status as an Autochthonous American, you can join your State Assembly, you can help organize your Autochthonous Assembly Jury Pool, elect your Justices and other Court Officers, and operate your own courts again.  

When you do, these other foreign courts are obligated to step down and no longer address you and yours. See Ex Parte Milligan, 72 US 2.

After all, you are just as foreign to them as they are foreign to you.  And you have a well-established right and provenance to self-govern.  All you have to do is to get off your rump and do it.

You can't change their courts, but you can restore your own, and force them to stop addressing you and other Autochthonous Americans who have better things to do than being harassed by criminals.

[newstfionline]

A 64-year-old put his life savings in his carry-on. U.S. Customs took it without charging him with a crime.

By Christopher Ingraham, Washington Post, May 31, 2018

A 64-year-old Cleveland man is suing U.S. Customs and Border Protection after agents strip-searched him at an airport in October and took more than $58,000 in cash from him without charging him with any crime, according to a federal lawsuit filed this week in Ohio.

Customs agents seized the money through a process known as civil asset forfeiture, a law enforcement technique that allows authorities to take cash and property from people who are never convicted or even charged with a crime. The practice is widespread at the federal level. In 2017, federal authorities seized more than $2 billion in assets from people, a net loss similar in size to annual losses from residential burglaries in the United States.

Customs says it suspects that the petitioner in the case, Rustem Kazazi, was involved in smuggling, drug trafficking or money laundering. Kazazi denies those allegations and says that the agency is violating federal law by keeping his money without filing any formal complaint against him.

Kazazi is a retired officer with the Albanian police who relocated with his family to the United States in 2005 after receiving visas through the State Department’s lottery program. They became U.S. citizens in 2010. After several years away, Kazazi planned a trip to Albania last fall to visit relatives, make repairs on a family property and potentially purchase a vacation home.

He took $58,100 in U.S. currency with him, the product of 12 years of savings by Kazazi, his wife, Lejla, and his son Erald, who is finishing a chemical engineering degree at Cleveland State University, according to the lawsuit. The family lives in Parma Heights, a suburb of Cleveland.

In an interview translated by his son, Kazazi said safety concerns prompted him to take cash on his trip, rather than wire the funds to a local bank.

“The crime [in Albania] is much worse than it is here,” he said. “Other people that have made large withdrawals [from Albanian banks] have had people intercept them and take their money. The exchange rates and fees are [also] excessive.”

Albanian contractors often prefer dollars and euros over the local currency, Kazazi said. For those reasons, he said, many expatriates who return to visit Albania bring large amounts of cash with them.

On Oct. 24, Kazazi arrived at Cleveland Hopkins International Airport to begin the first leg of his journey, which would take him to Newark to connect with an international flight. He carried the cash in three counted and labeled bundles in his carry-on bag, he said, along with receipts from recent bank withdrawals and documentation pertaining to his family’s property in Tirana, the Albanian capital.

According to a translated declaration that Kazazi provided to the court as part of the lawsuit, Transportation Security Administration employees discovered the cash in his bag during a routine security check and alerted Customs and Border Protection.

“They asked me some questions, which I could not understand as they spoke too quickly,” according to Kazazi’s declaration. “I asked them for an interpreter and asked to call my family, but they denied my request.”

The CBP agents led Kazazi to a small, windowless room and conducted multiple searches of him and his belongings, he said. According to Kazazi’s declaration, the agents asked him to remove all of his clothing and gave him a blanket to cover the lower portion of his body. Kazazi said that a man wearing rubber gloves then “started searching different areas of my body.”

Kazazi characterized the search as a “strip search” in an interview translated by his son. “I felt my rights violated,” he said.

The searches turned up nothing--no drugs, no contraband, no evidence of any illegal activity, according to the lawsuit. But the agents took Kazazi’s money. Even more alarming to Kazazi was that the receipt the agents handed to him did not list the dollar value of his cash.

“I began to worry that they were trying to steal the money for themselves,” he said in his court declaration.

After being released, Kazazi called his wife and explained what had happened. None of it made sense to either of them, but Lejla Kazazi told her husband that it had to be some sort of misunderstanding and that he should continue on his trip and let her and Erald sort it out at home.

Seven months later, Customs still has the money.

The Kazazis have been caught up in a broader struggle over civil asset forfeiture. Defenders of the practice, such as Attorney General Jeff Sessions, say it is a valuable tool for fighting drug cartels and other criminal enterprises in cases in which a criminal conviction is difficult to obtain. But media outlets such as The Washington Post and civil liberties groups such as the American Civil Liberties Union have found that the process is ripe for abuse.

“The government can just take everything from you,” said Wesley Hottot, the Kazazi family’s attorney. Hottot is with the Institute for Justice, a civil-liberties law firm working to overturn civil forfeiture. People wishing to challenge a civil forfeiture must essentially demonstrate their innocence in court, Hottot said, turning the dictum of “innocent until proven guilty” on its head.

“You have to affirmatively show you’re not a criminal to get your own money back,” Hottot said. “You have to effectively prove a negative.”

Federal authorities haul in billions in cash and property from forfeiture every year, a tally that does not include additional billions seized in state and local forfeiture actions.

The Kazazi family did not hear anything about their cash or why it was taken until more than a month after it was seized, when Customs finally sent a seizure notice to their home.

“This is to notify you that Homeland Security Investigations (HSI) seized the property described below at Cleveland, OH on October 24, 2017: $57,330 in U.S. Currency,” the notice states. “Enforcement activity indicates that the currency was involved in a smuggling/drug trafficking/money laundering operation.”

The first thing the Kazazis noticed was that the dollar amount listed was $770 less than the amount that Kazazi said he took with him. The family said that the cash was all in $100 bills, making it impossible for it to add up to $57,330.

Hottot said that these types of “errors” are common in forfeiture cases and that it is “always in the same direction”--government receipts coming up a few hundred or a few thousand dollars short of what defendants say they had.

The Kazazis said they were also flabbergasted by the allegation of “smuggling/drug trafficking/money laundering.” There was no indication of how the officers arrived at that conclusion. “This was the most offensive thing I’ve ever seen,” Erald Kazazi said. “They provide no evidence. They list three different things without even saying which one it is.”

In a statement, CBP said that “pursuant to an administrative search of Mr. Kazazi and his bags, TSA agents discovered artfully concealed U.S. currency. Mr. Kazazi provided inconsistent statements regarding the currency, had no verifiable source of income and possessed evidence of structuring activity,” that is, making cash withdrawals of less than $10,000 to avoid reporting requirements.

Hottot denies that Rustem Kazazi was trying to conceal the cash--he had wrapped it in paper, labeled it and sent it through the scanner in his carry-on bag. The “inconsistent statements” were a result of Kazazi’s poor English language comprehension, Hottot said.

Hottot also noted that the structuring allegation was not included in the seizure notice. “They’ve never mentioned structuring before,” he said. “I think what were really seeing here is some creative Monday-morning quarterbacking by CBP, trying to justify the unjustified.”

CBP also noted that there are disclosure requirements for traveling internationally with sums of cash greater than $10,000. “Failure to declare monetary instruments in amounts more than $10,000 can result in fines or forfeiture and could result in civil and or criminal penalties,” the statement said.

Hottot said Kazazi was well aware of those requirements and planned to file his disclosure form during his four-hour layover in Newark. The form instructs travelers to file the paperwork “at the time of departure from the United States with the Customs officer in charge at any Customs port of entry or departure.”

“If he’s going to follow the law on this, he’s going to have to do it in Newark on the way out of the country,” Hottot said.

The CBP seizure notice gave the Kazazis a number of options for proceeding with the case. They could abandon the cash completely, or they could make an “offer in compromise”--letting CBP keep a certain percentage of the seized cash if it returned the rest. There were also options for challenging the seizure administratively through internal CBP channels or letting the case proceed in federal court. The Kazazis opted for federal court.

Erald Kazazi said they are pursuing a court case because they do not trust the internal CBP process. “They were the ones that seized our money,” he said. “We wanted another party like the attorney’s office to deal with this case. Based on my father’s experience, it didn’t seem like CBP really wanted to help us out.”

Under federal forfeiture law, the government was required to initiate a forfeiture case within 90 days after the Kazazis responded to the seizure notice. If it failed to initiate a forfeiture case within that window, it would be required to promptly return the money to the claimants.

That deadline passed over a month ago, on April 17. CBP has not filed a forfeiture complaint; nor has it returned the money. Erald Kazazi said he has called CBP several times was told that the case was now with the U.S. attorney’s office in Ohio and that CBP had no additional information on it. So this week, the Kazazis filed their lawsuit, demanding the immediate return of their property.

The U.S. Attorney’s Office for the Northern District of Ohio declined to comment on the record.

Erald Kazazi said the ordeal has affected his father’s health and turned their lives upside down. But, he said, his father’s high opinion of the United States has not changed.

“He’s not going to let the actions of some employees that made a mistake in their duties change his opinion of the country,” he said.

[alaridlaw]

Theft & Fraud Crimes Overview

The consequences in Arizona for fraud and theft crimes can be devastatingly severe. The outcomes can include fines in the thousands of dollars, civil penalties, and lengthy incarceration. Being informed on the classifications with Arizona's laws will better help you if you, or someone you know, is faced with a fraud or theft crime.

With the Law Office of Michael Alarid III, we will help guide you to understand the importance of this knowledge to maximize the best possible defense for your case. You will need to make critical decisions through the entire process of the criminal justice system to protect your rights. Below you will learn about the classifications of theft and fraud crimes and how they are broken down in Arizona, along with the defenses.

Arizona's Theft Crimes Breakdown

The charges for theft crime is not a simple charge that includes every situation. There are different ranges in the theft crimes, and they all have different punishments. If you have been convicted of a crime in the past, your case could cause a harsher penalty.

A misdemeanor is a charge for anyone who has stolen services or property under $1000.

Description of a Theft Crime

Theft is a crime that involves taking, using, or keeping another individual's property without authority. The Arizona courts may base the punishments on the total value of the items that were stolen.

For example, anything ranging from $1,000-$2,000 is a Class 6 felony that can lead up to two years in prison, while the laws consider anything less than $1,000 to be a misdemeanor. Let's inspect the differences between a felony theft and a misdemeanor theft charge. ARS 13-1802

Misdemeanor Theft Crime

Arizona statutes consider a misdemeanor a Class 1 crime. A misdemeanor is a charge for anyone who has stolen services or property under $1000. In most cases, the statute of limitations, or length of time, for law enforcement to bring charges for a misdemeanor theft charge can be charged up to one year after the crime was engaged.

The penalties or results of first-time offenders can be fined up to $2,500, up to six months in jail, repayment of stolen items, and classes and probation up to three years.

The felony charge is for individuals who have stolen properties greater than $1,000. However, the classes and penalties are separated based on property value.

Felony Theft Crime

A theft crime deemed as a felony is classified from a Class 2 crime to a Class 6 crime. The felony charge is for individuals who have stolen properties greater than $1,000. However, the classes and penalties are separated based on property value.

A Class 2 felony crime from $25,000 and above can result in up to 12 ½ years in prison and possible probation.

A Class 3 felony crime from $4,000 to $25,000 can result in up to eight and a half years in prison and possible probation.

A Class 4 felony crime from $3,000-$4,000 can result in up to four years in prison possible probation.

A Class 5 felony crime from $2,000 and $3,000 can result in up to 2 ½ years in prison and possible probation.

A Class 6 felony crime from $1000-$2000 can result in up to two years in prison and possible probation.

If the conviction is valued at over $100,000 and is considered a Class 2 felony crime, the individual charge is not eligible for any probation and will serve a sentence of up to 12 ½ years.

Additional Consequences

While some individuals may have their charges considered underclass crimes, there are additional consequences that are categorized under collateral offenses.

Some collateral consequences can include the following: reporting to professional licenses, labeled as a CIMT (crimes involving moral turpitude), be required to submit an extensive background check, suspension of fingerprint cards, having to report lenders and housing loans of the crime committed.

Different Types of Theft Categories

The different theft categories help classify the crime. They also have different punishments.

Intellectual Property Theft Crimes: This type of crime is where an individual violated or convicted property rights through violations of trademarks, patents, and copyrights.

Trafficking in Stolen Property: This type of crime is when an individual accepted a property that they knew was stolen.

Embezzlement or Larceny: This type of crime is where an individual had access to property or items that were not legally owned and used them for a personal profit.

Grand Theft: They categorize this type of crime with any individual who took items or property valued at over $1,000.

Petty Theft: They categorize this type of crime with any individual who took items of property that value below $1,000.

Identity Theft: This type of crime is where an individual took another person's identity, including address, Social Security number, credit card content, and personal names.

Burglary: This type of crime is when an individual entered another person's property to commit a felony crime. Anyone who has committed acts of housebreaking, or breaking structures with force or the intent to commit a felony, is considered in the burglary.

Motor Vehicle Theft: This type of crime is where an individual has attempted or stole any type of motor vehicle that was not theirs.

Shoplifting: Shoplifting is a crime that has penalties that can be criminal or civil. Shoplifting is a type of crime where individuals take items or products from a store. The crime classifications can range from a Class 1 misdemeanor to a Class 4 felony. The prosecution ranges based on the value of the property stolen and if there were damages committed in the process of a crime. If the prosecution takes the shoplifting crime to a civil matter, the penalties could include compensation to the business owner for damages, the retail value of the merchandise compensated, and extensive fines.

Robbery: This type of crime is when an individual committed a theft crime while using force or weapons.

Arizona does not take theft charges lightly. Other types of theft crimes can include diverting services, misuse of the power of fraud attorney, trade secret theft, extortion, and failure to return property that was leased. The consequences involved in all the crimes may impact your future regardless of the situation.

If you have been accused of a theft crime, contacting a fraud lawyer with experience and knowledge of the judicial system is essential to your case.

The Law Office of Michael Alarid III is familiar with all the state regulations and laws that pertain to theft charges and understands how to properly defend your rights.

Therefore, contact a fraud lawyer as soon as possible so you can have the best chances of reducing or eliminating the charges. Give us a call at any time at (602) 818-3110

Description of Fraud Crime

A fraud crime in Arizona is a crime that is committed by those who falsified information. It can be an event or situation where an individual intentionally deceived someone else for personal gain. ARS 13-2310

Fraud crimes can also include intent to damage another individual. There are different fraud categories that Arizona takes seriously, and they can have different penalties.

Different Types of Fraud Categories

The fraud categories have different sentencing in Arizona. They can be considered civil or criminal. Let's inspect the classification of our crimes:

Bank Fraud: This type of fraud is when an individual deceives others or acts upon abstaining money and property from a financial institution.

Embezzlement: This type of fraud is when an individual steals or embezzles property or money from businesses, employers, or other individuals.

Government Fraud: This type of fraud crime is when an individual seizes or intentionally asked upon using government funds through scams with taxes, swindling, for personal gain.

Unemployment Fraud: This type of fraud is when an individual falsely claims unemployment or uses another individual's identity to collect government unemployment.

Mortgage Fraud: This type of fraud is when deception or an event occurs with the use of material misrepresentation, omission, or misstatements towards a mortgage loan.

Computer Tampering: This type of fraud is when an individual actively gains unauthorized access, data, or information from another person's computer.

Theft: This type of fraud occurs when an individual commits an action or crime of stealing property or items that were not theirs.

Counterfeiting: This type of fraud occurs when an individual distributes, manufactures, or possesses items without authenticity. It can include intentions to destroy, use in illegal transactions, replace, or deceive others.

Wire Fraud: This type of fraud involves an individual that uses communication through email, calls, fax, or the Internet to get personal gain or deceive others with spam-related schemes.

Political Corruption: This type of fraud is when an individual uses the power of officials in the government, or through a network, for illegal private gain. It can include corruption with extortion, patronage, graft, embezzlement, bribery, and more.

Pyramid Schemes: This type of fraud is where an individual funnels income or earnings from a lower-level organization to the top. It involves individuals that have business models that recruit members for promises of services or payments and deceiving them into the scheme and not supplying them with the products or distribution.

What are the Penalties of Fraud Crimes?

The prosecution and consequences that come with fraud crimes in Arizona range from Class 2 felony charges to a Class 6 felony. They also base the penalties on conviction offenses.

1st Offense: This charge is usually classified under a Class 2 felony charge and can have fines, probation, and imprisonment for up to 12.5 years.

One Prior Convicted Offense: A class 2 felony with a prior can have penalties from 4.5 to 23 years of imprisonment and fines.

Two Prior Convicted Offenses: A class 2 felony with two priors can have up to 35 years of imprisonment.

More than $100,000 Fraud Crimes: Individuals who are involved in fraud crimes that pass $1000,000 will not be allotted suspension, will have fines and a serious prison sentence depending on what the situation that occurs and what judge sees fit to sentence.

Common Defenses Available for Theft and Fraud Crimes

The defenses that are available for theft and fraud crimes depend on the situation and facts. A knowledgeable fraud attorney will use defenses that include mental status, mistaken identity, evidence of an investigation, presents, constitutional rights, theories, absence of intent, non-fraudulent statements, entrapment, and value.

Attorney Michael Alarid III, a knowledgeable theft lawyer with years of experience, may negotiate other ways to get your case dismissed in Arizona on misdemeanor compromise, diversion agreements, and extensive experience and knowledge of the statute of limitations.

He will determine the best strategy for clearing a theft and fraud crime from your record and help you through the court's entire process. There are multiple ways of obtaining evidence to defend individuals with theft and fraud crimes. It is essential to speak to an attorney as soon as possible if you have been convicted or charged with a theft or fraud crime in Arizona.

https://www.alariddefense.com/arizona-theft-fraud-crimes-defense

[cumaeansibyl]

I yelled about this on Twitter but like three people follow me there so I’m gonna yell about it here

I’m tired of people attacking anyone who has any objection to the use of violence against Nazis as appeasers or neoliberals.

I know a lot of the objections are “let’s all sit down over a cup of tea and have a nice civil conversation instead” and believe me, I am also tired of that. That’s not where I’m coming from. But I’m seeing people questioning the efficacy of violence, or people who have deeply held nonviolent convictions, who aren’t saying any of that kum-ba-yah shit but are still getting accused of it.

Like, I saw someone pointing out that if you’re going to commit to violent resistance, people will get killed and it’s not always going to be the bad guys, and if you’re not prepared to watch your friends die then this isn’t a choice for you, and someone was like “oh what, should we just roll over for the Nazis then?” As if those are the only two choices: total submission or brawling in the streets.

Personally, I object to street fighting because I don’t think it’s going to work, based on what happened in ‘20s and ‘30s Germany with actual Nazis. There were actually several right-wing paramilitary organizations back then, one of which was the Nazi Sturmabteilung (SA “brownshirts”). The Communists and Socialists had their own street-fighting wings, and mixed it up with the Nazis and others on the regular.

Here’s the thing, though: the police and courts were largely right-wing, and while many weren’t fond of Nazis (and few appreciated the extra work of dealing with fighters), they hated the Reds and enjoyed seeing them take a beating. If they didn’t outright support the far-right fighters, they didn’t penalize them as much as they did the leftists. 

It was fairly easy for the right to convince more moderate Germans disturbed by the public conflicts that the left was wholly responsible. There were attempts to ban the SA, but they kept getting overturned because the government hated Communists and Jews more. And Hitler ended up seizing power because the more normal right-wing parties, needing a coalition to maintain a majority in the Reichstag, appointed him Chancellor.

In other words, the real power lay not with the Nazi street fighters, but with the white supremacist state that supported them.

I’m seeing people citing other instances where neo-Nazis have been discouraged by resistance, but I think the difference there is that they didn’t feel they had full backing of the government. Our white supremacist shitlords are celebrating Trump’s mealy-mouthed content-free statements as a message of support, and they’re confident that the police won’t stop them from hurting counter-protesters. They want to fight -- at least, enough of them do to keep the movement going, though some will probably stay home from now on. After a brief period of blaming the Charlottesville murder on anti-Trumpers, they’re now celebrating it. This is what they wanted.

Are we willing to kill and be killed for the sake of discouraging marches when, compared to state oppression and murder of marginalized people, marches are meaningless? When there’s no guarantee it’ll even fix this smaller problem, and it definitely won’t fix the larger ones? Is it wrong that I question what we have to gain from this, and whether it’s worth what we have to lose?

It’s hard. That GIF of Richard Spencer getting wrecked still makes me happy on a gut level. I want these people to suffer in every possible way. But not if it costs us the lives of innocent people -- and I’m very afraid that the pursuit of political violence will lead to more, and worse.

Disagree with my opinion on the efficacy of violence, sure. We can talk about that. I’m just not here for anyone accusing me of insufficient opposition or concluding that I think we should all hug it out.

[2700fstreet]

OPERA / 2018-2019

TOSCA

STUDENT GUIDE

Washington National Opera Open Rehearsal Music by Giacomo Puccini Libretto by Luigi Illica and Giuseppe Giacosa Based on the play La Tosca by Victorien Sardou

School show: May 8

Teacher and Parent Guide: Tosca

WHO'S WHO

Main Characters

Floria Tosca, a celebrated opera singer (soprano—the highest female voice) Mario Cavaradossi, a painter and revolutionary (tenor—the highest male voice) Baron Scarpia, chief of Roman police (baritone—a middle-range male voice) Cesare Angelotti, former consul for the Roman Republic (bass––the lowest male voice) A sacristan, custodian of the church (bass)

So, What’s Going On?

Rome. June 17-18, 1800.

(Note: Unlike in most operas, audiences can pinpoint the exact dates of the Tosca story, as the plot unfolds in the wake of the Napoleonic Battle of Marengo, fought in June, 1800. In addition, all locations mentioned in the opera are real places in the city of Rome that still exist to this day.)

Act 1

In the “eternal city” of Rome, one of the many Italian revolutionary republics has recently been suppressed by forces loyal to an Italian king. With the future of the Roman territories uncertain and civil unrest on the rise, the streets are now run by the brutal Baron Scarpia (SKAHR-pya), chief of the royal police.

Newly escaped from prison, Cesare Angelotti (CHEH-zah-reh ahn-jehl-OHT-tee)––a member of the former Roman Republic––staggers into the Church of Sant’Andrea della Valle. His sister, the Marquess Attavanti (ah-tah-VAHN-tee), has promised to leave some clothes beneath the altar of her private family chapel so he can flee in disguise and avoid Baron Scarpia.

But Angelotti has some unexpected company.

Just as he slips behind the Attavanti chapel doors, a sacristan enters, followed by Mario Cavaradossi (kah-vah-rah-DOHSS-ee), a painter who’s been working on a church portrait of Mary Magdalene. Inspired by a mysterious woman, Cavaradossi has given his Magdalene blond hair and blue eyes––but in real life, he only has eyes for his own dark-eyed love, Floria Tosca (TOHS-kah), the most famous opera diva in Rome.

Take a listen...

Cavaradossi remarks that beauty comes in many colors in his aria “Recondita harmonia” (“Secret harmony”). Listen for the way in which the sacristan’s commentary cuts through Cavaradossi’s tune (which helps ground the moment in reality), and for the way the orchestra reinforces the painter’s melody when he sings of how much he loves Tosca.

Angelotti recognizes Cavaradossi as a fellow democrat and approaches the painter, asking for help. With the sacristan out of sight, Cavaradossi is about to pledge his undying loyalty, but the two men are interrupted by Tosca, who’s arrived to offer flowers to the Virgin Mary (but, really, to pay her Mario a visit). Knowing Tosca is a naturally suspicious woman, Cavaradossi tells Angelotti to hide.

Turns out Cavaradossi is right to be cautious.

Convinced her painter has been meeting with another woman behind her back, Tosca quickly flies into a jealous fit, but Cavaradossi succeeds in calming her down. They then make plans to meet up later that evening, and everything is sunshine and roses...until Tosca catches sight of Cavaradossi’s painting. She instantly realizes the Magdalene portrait shares a face with none other than the Marquess Attavanti (yup, Angelotti’s sister) and accuses Cavaradossi of having an affair with the blond beauty. The painter swears up and down that the resemblance is only a coincidence, that he just happened to see Attavanti praying in church, and that Tosca is the only woman for him. Satisfied (for the moment, anyway), Tosca leaves.

Alone with Angelotti, Cavaradossi tells the escaped convict to take shelter at the artist’s private villa and offers to show him the way.

As the two rush off, the sacristan re-enters with various members of the clergy and church choir. He proudly announces the evil Napoleon Bonaparte (who’s largely responsible for the revolutionary spirit that’s been stressing out their beloved king) has lost a decisive battle.

Celebrations are cut short, however, when Baron Scarpia comes marching in with his royalist police squad on the hunt for Angelotti. Searching for clues, Scarpia uncovers a lady’s fan with the Attavanti family crest displayed on it, as well as the Magdalene portrait (in which he recognizes the marquess’s face). Scarpia discovers the portrait is the work of Mario Cavaradossi, whom the chief suspects of treasonous activity and who, more importantly for Scarpia, is known throughout Rome as Tosca’s lover.

Certain the two revolutionaries have hatched a rebellious plot of some sort, Scarpia devises a plan to use Tosca’s infamous jealous streak against her. At this precise moment (what are the odds?), Tosca comes sweeping back into the church, hoping to reschedule her meeting with Cavaradossi (as she’s now been asked to sing a special concert to commemorate the king’s victory).

Seizing his opportunity, Scarpia shows Tosca the Attavanti fan and strongly insinuates the accessory was left behind by the painter’s secret mistress. Tosca lets her jealous fears get the better of her, and, heartbroken, runs off to confront Cavaradossi.

His trap set, Scarpia gives the order to have Tosca followed.

Take a listen…

Scarpia watches his villainous plot unfold and dreams of having Tosca all to himself. Check out the way Scarpia’s melody blends with the events happening around him in real time (the chorus singing the Latin “Te Deum” hymn to God, the church organ that accompanies them, the cannon fire in the distance, etc.), a trick designed to make you feel like you’re in the center of the action.

Caption: Scarpia hypocritically joins in the religious celebration while secretly thinking of Tosca.

ACT 2

Later that evening at the royal Farnese Palace, Scarpia––who’s asked that Tosca be brought to him––awaits news of Cavaradossi and Angelotti’s capture. But when news finally does arrive, it isn’t great: Following Tosca’s trail, Scarpia’s minions have arrested Cavaradossi, but Angelotti remains on the run.

Furious, Scarpia questions Cavaradossi. The painter vehemently denies having anything to do with Angelotti’s escape, but Scarpia isn’t convinced.

Her performance now over, Tosca arrives. Cavaradossi whispers for her to keep quiet just as Scarpia has his officers take the painter into a back room for further “interrogations” (if you’re thinking this means “torture,” you’re absolutely correct). The chief then turns his attention to Tosca, who claims she knows nothing about Cavaradossi or Angelotti’s revolutionary dealings.

But Tosca can only hold out so long.

Hearing Cavaradossi screaming in pain, she finally reveals that Angelotti is hiding in Cavaradossi’s garden. Cavaradossi is temporarily released, and a messenger arrives to deliver a startling twist: News of Bonaparte’s defeat was premature—the revolutionary has actually won the battle.

Ecstatic, Cavaradossi taunts Scarpia. Scarpia, not about to take this lying down, instantly sentences Cavaradossi to death by hanging.

Horrified, Tosca pleads with Scarpia to save Cavaradossi––which is just the scenario Scarpia was hoping for. He’s willing to be merciful, he says, but only if Tosca will spend the night with him...alone.

Take a listen...

Tosca’s famous aria “Vissi d’arte” (“I lived for art”) is one of the few moments in the opera where time seems to stand still. Pay special attention to the orchestra, which plays its own melodies underneath Tosca’s heartfelt prayer (some of these tunes appear earlier in the opera when Tosca and Cavaradossi first sing together). Listen also for the way Tosca’s voice rises to its greatest height on the word “Signore” (or “God”).

Backed into a hopeless corner, Tosca agrees.

Scarpia, insisting he keep up appearances so as not to look weak, makes arrangements for Cavaradossi’s mock execution. The painter will be put before a firing squad, but the bullets will be blanks. And, at Tosca’s insistence, the chief also signs papers that will grant the lovers safe passage across the Roman border.

But while Scarpia’s back is turned, a panicked Tosca resolves to defend herself rather than succumb to the baron’s violent advances. She finds a knife on Scarpia’s dinner table and––just as Scarpia lunges at her to claim his “prize”––stabs him in the heart, shouting, “This is a kiss from Tosca!” (...ouch).

ACT 3

With Scarpia dead and his body as yet undiscovered, Tosca hurries to the prison at Castel Sant’Angelo to inform Cavaradossi of the fake execution plan. She’s certain the papers she’s secured will allow her and Cavaradossi to begin a new life together...but is she right? Can Scarpia’s false execution orders be trusted? And will Tosca ever have to answer for Scarpia’s murder...or will she get her own version of an operatic happy ending?

Good to Know

Curious as to what Napoleon is doing in the middle of an Italian opera? Never fear; there’s a mini history lesson coming your way. (We promise it’ll be painless.)

Though celebrated composer Giacomo Puccini wrote Tosca in Italy at the turn of the twentieth century, the story of the opera is set almost exactly a century earlier...at a time when the country of “Italy” didn’t really exist.

At the turn of the nineteenth century, Tosca’s hometown of Rome stood within one of many separate territories, each with its own unique leader and/or political structure. Yet despite these many different forms of government, some citizens of what would one day become Italy witnessed the recent democratic uprising in France and the impressive military campaigns of France’s General Napoleon Bonaparte and were inspired to build their own democracies (this was before Napoleon made the move to full-on dictator/emperor).

As a result, amateur republics spread throughout the Italian countryside. One of the most influential of these republics was in Rome, which had been occupied by French troops who helped stave off greedy Italian monarchs.

But by 1800 (when Tosca would have been at the height of her fame), the Roman Republic had been squashed by forces that supported the powerful King Ferdinand (no, not the guy from Spain) of Naples, which launched a few French counterattacks and left the region completely unstable. Former consuls of the Roman Republic like Angelotti would have been considered enemies of the royal state, freedom-loving artists like Tosca and Cavaradossi would have felt threatened by royalist powers, and royalist policemen like Scarpia would have ruled the streets with an iron fist.

Ciao!

Remember we said “all locations mentioned are real places in the city of Rome that still exist to this day.” We weren’t kidding. Jump on your Vespa and visit these sites of Tosca:

Caption: Farnese Palace

Caption: Church of Sant’Andrea della Valle

Caption: Castel Sant'Angelo on the Tiber River

Learning to Listen

Going to the opera means you’ll have to start listening in a new way if you want to take in everything the music and the voices have to offer. And guess what? This is less difficult than it sounds.

Try thinking of opera singing as its own type of language or speech. When we’re speaking, our emotions can change the way our voices sound from moment to moment—and one word can have a thousand different meanings depending on how we say it (loudly, softly, quickly, slowly, with a high- or low-pitched voice, etc.). The same is true for the characters in an opera. Each voice you’ll hear will have its own special flavor depending on who the character is and what he or she is saying.

Floria Tosca, for example, is an immensely passionate young singer with a fiery personality. Her voice, therefore, will be on the higher side (to provide a clue that she’s youthful and vibrant), but will frequently jump from light to dark as her mood swings back and forth. As the character herself is, in fact, a singer, there will also be moments when Tosca’s sound feels incredibly forceful, indicating she’s a woman who uses her voice as her primary form of expression.

Scarpia, on the other hand, is a sinister chief of police with lustful motivations. His darker baritone voice (unlike the brighter sound of the hero, Cavaradossi) suggests the baron spends a lot of time making shady backdoor deals. Still, Scarpia’s music will often rise to impressive heights, indicating he wields a lot of power over the many characters on stage.

When in doubt about how a character is feeling or what they’re thinking, always pay close attention to exactly how they sound. (The instruments in the orchestra will give you hints as well.)

Check This Out…

Composer Giacomo Puccini was a stickler for detail and wanted his operas to have a real sense of time and place. What kinds of musical clues help set each scene for you? Are there specific musical moments that remind you of sounds you might hear in real life? (Hint: Pay attention to the music and sound effects heard off stage as well as on.)

Rome was a divided city in 1800, and citizens were largely split between loyal royalists and democratic sympathizers. How do the costumes, sets, and props in this production help alert you to which characters belong on which side? Do Angelotti’s clothes give you clues about his recent stint in prison? Does the design of Scarpia’s office in the Farnese Palace help convey his wealth and royal status? Do Tosca’s costumes suggest a rebellious spirit or a royal servant...or both?

In Tosca, Puccini uses certain melodies to represent different characters or situations. These themes will recur again and again to help keep various people or events fresh in the audience’s mind. Can you guess which tunes are meant to symbolize Cavaradossi? Tosca? Scarpia? What about melodies that represent Angelotti’s escape or Scarpia’s evil plotting? (Bonus: Consider how these themes make you feel about the characters or situations they symbolize. For example, can you tell Scarpia is a villain just by listening to the music that accompanies his entrance? If so, how?)

Think About This…

Tosca and Cavaradossi find themselves in the middle of a political hurricane despite the fact their lives revolve mostly around art and each other. Do you think it’s possible for artists to remain neutral during a revolution? Can art exist all by itself or is it always affected by the world around it?

Given Tosca’s impossible predicament in Act 2, do you think her actions toward Scarpia are at all justified? Did she have any other choice? What punishment, if any, do you feel she deserves? Were you satisfied with the end of the opera or would you have preferred a different outcome?

Scarpia calls Cavaradossi a “Volterriano” (or “follower of Voltaire”). Why would a French Enlightenment author like Voltaire appeal to a painter who favored a democracy over a monarchy?

By the turn of the twentieth century, opera was making a serious effort to reel in audience members with limited attention spans––that is, composers were creating operas that were meant to feel like a seamless sequence of events rather than a series of scenes broken up by songs. And Tosca was no exception. But do you think Puccini succeeded in his goal to make Tosca a non-stop theatrical roller coaster? What moments, if any, would you cut from the show?

Take Action: Eye of the Beholder

When we first meet Cavaradossi, he literally sings an entire song about how it’s possible to be captivated by two very different types of artistic beauty.

He’s not wrong.

While it’s actually possible to find various things to appreciate in an infinite number of aesthetics, it’s rare we take the time to compare and contrast in detail or ask ourselves why we like the things we like––especially when it comes to artwork.

Why not try and prove Cavaradossi’s point for yourself and get to know your own personal tastes a bit better? Head to a museum or art gallery (if you can’t visit this type of venue, no worries: a book on paintings, sculpture, or even makeup or fashion will do) and choose two contrasting pieces you enjoy. (This could be a contrast in media, subject, era, style…whatever.)

Once you’ve selected your works of art, see if you can describe your feelings about each one in writing, in a small video, or in an amateur-podcast-style audio. Consider: What attracts you to each piece? How are they different/similar? Why do you think they’re equally powerful/effective despite their differences? (Note: You can try this experiment with two pieces of music, two films, two novels, two poems...any two works that excite you, so long as there are obvious contrasts between them.)

If you’re comfortable, help spread the word that beauty comes in many shapes and sizes. Share your thoughts on your two artistic pieces with your friends or family, and, when you’re done, ask them about what draws them in when it comes to works of art.

EXPLORE MORE

Go even deeper with Tosca extras.

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Top Image: Original poster by Alphonse Maria Mucha for the play La Tosca (1887) featuring actress Sarah Bernhardt.

Writer: Eleni Hagen

Content Editor: Lisa Resnick

Logistics Coordination: Katherine Huseman

Producer and Program Manager: Tiffany A. Bryant

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David M. Rubenstein Chairman

Deborah F. Rutter President

Mario R. Rossero Senior Vice President Education

Timothy O’Leary General Director

Francesca Zambello Artistic Director

Major support for WNO and Tosca is provided by Jacqueline Badger Mars.

David M. Rubenstein is the Presenting Underwriter of WNO.

WNO acknowledges the longstanding generosity of Life Chairman Mrs. Eugene B. Casey.

WNO's Presenting Sponsor

Generous support for WNO Italian Opera is provided by Daniel and Gayle D’Aniello.

Unexpected Italy is presented in cooperation with the Embassy of Italy.

International programming at the Kennedy Center is made possible through the generosity of the Kennedy Center International Committee on the Arts.

This performance is made possible by the Kimsey Endowment;The Morris and Gwendolyn Cafritz Foundation and the U.S. Department of Education.

Major support for educational programs at the Kennedy Center is provided by David M. Rubenstein through the Rubenstein Arts Access Program.

Kennedy Center education and related artistic programming is made possible through the generosity of the National Committee for the Performing Arts.

The contents of this guide have been developed under a grant from the U.S. Department of Education and do not necessarily represent the policy of the U.S. Department of Education. You should not assume endorsement by the Federal Government.

© 2019 The John F. Kennedy Center for the Performing Arts

[itsfinancethings]

New world news from Time: Iran Abducted California-Based Man Staying in Dubai, According to His Family

(DUBAI, United Arab Emirates) — A California-based member of an Iranian militant opposition group in exile was abducted by Iran while staying in Dubai, his family said Tuesday.

The suspected cross-border abduction of Jamshid Sharmahd appears corroborated by mobile phone location data, shared by his family with The Associated Press, that suggests he was taken to neighboring Oman before heading to Iran.

Iran hasn’t said how it detained Sharmahd, though the announcement came against the backdrop of covert actions conducted by Iran amid heightened tensions with the U.S. over Tehran’s collapsing nuclear deal with world powers.

Iran accuses Sharmahd, 65, of Glendora, California of planning a 2008 attack on a mosque that killed 14 people and wounded over 200 others, as well as plotting other assaults through the little-known Kingdom Assembly of Iran and its Tondar militant wing. It aired an interview of him on state television — footage that resembled many other suspected coerced confessions broadcast by the Iranian government in the last decade.

His family, however, insists Sharmahd only served as a spokesman for the group and had nothing to do with any attacks in Iran. Sharmahd, who supports restoring Iran’s monarchy that was overthrown in the 1979 Islamic Revolution, already had been targeted in an apparent Iranian assassination plot on U.S. soil in 2009.

“We’re seeking support from any democratic country, any free country,” his son Shayan Sharmahd told the AP. “It is a violation of human rights. You can’t just pick someone up in a third country and drag them into your country.”

Iran’s Intelligence Ministry has not elaborated on how it detained the elder Sharmahd, other than to deny he was arrested in Tajikistan. The ministry and Iran’s mission to the United Nations did not immediately respond to requests for comment.

Sharmahd had been in Dubai, trying to travel to India for a business deal involving his software company, his son said. He was hoping to get a connecting flight despite the ongoing coronavirus pandemic disrupting global travel.

Sharmahd’s family received the last message from him on July 28. After that, he no longer responded to their calls and messages, his son said. Telephone location data showed his mobile phone that day at the Premier Inn Dubai International Airport Hotel, where he had been staying.

It’s unclear how the abduction happened. A hotel operator said Sharmahd had checked out July 29. Tracking data showed Sharmahd’s mobile phone traveled south from Dubai to the city of Al Ain on July 29, crossing the border into Oman and staying overnight near an Islamic school in the border city of al-Buraimi.

On July 30, tracking data showed the mobile phone traveled to the Omani port city of Sohar, where the signal stopped.

Two days later, on Saturday, Iran announced it had captured Sharmahd in a “complex operation.” The Intelligence Ministry published a photograph of him blindfolded.

His son said he believed that in the state TV footage, Sharmahd hurriedly read whatever Iran wanted him to say.

“Imagine your own father being tied up one day on television and you see that,” Shayan Sharmahd said.

Western officials believe Iran runs intelligence operations in Dubai and keeps tabs on the hundreds of thousands of Iranians living in the city-state. Iran is suspected of kidnapping and later killing British-Iranian national Abbas Yazdi in Dubai in 2013, though Tehran has denied involvement.

It isn’t just Iran that maintains a presence in Dubai in the United Arab Emirates, home to some 5,000 U.S. troops and the U.S. Navy’s busiest port of call outside of America. The U.S. State Department runs its Iran Regional Presence Office in Dubai, where diplomats monitor Iranian media reports and talk to Iranians.

Dubai’s hotels long have been targeted by intelligence operatives, such as in the suspected 2010 assassination by the Israeli Mossad of Hamas operative Mahmoud al-Mabhouh. Dubai and the rest of the UAE have since invested even more in an elaborate surveillance network.

Dubai police and officials, as well as federal officials in Abu Dhabi and the Omani Embassy in Washington, did not respond to requests for comment.

The UAE has long been trying to de-escalate tensions with Iran after President Donald Trump’s maximum pressure campaign saw him pull out of the nuclear deal. On Sunday, Emirati Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan held a videoconference with Iranian Foreign Minister Mohammad Javad Zarif.

However, over the last year, a series of escalating incidents have shaken the wider Mideast, leading to a U.S. drone strike in January that killed a top Iranian general in Baghdad and an Iranian ballistic missile attack that injured dozens of American soldiers in Iraq. Also, there have been explosions on oil tankers off the Emirati coast that the U.S. Navy has blamed on Iranian limpet mines.

Last month, an oil tanker seized by the UAE after being suspected of smuggling Iranian crude oil was hijacked, likely by Iran. In June, Iran sentenced to death another opposition journalist living in Paris it detained under unclear circumstances.

For now, Sharmahd’s family said they contacted the government in Germany, where he holds citizenship, and the U.S. government as he’s lived for years in America and was on track for citizenship after the 2009 assassination plot.

The German Embassy in Tehran has asked Iranian authorities for consular access, according to the Foreign Ministry in Berlin, hoping to understand how Sharmahd was arrested. However, Iran doesn’t allow consular access for its dual nationals, considering them exclusively Iranian citizens.

The State Department, which mistakenly referred to Sharmahd in an earlier report as an American citizen, acknowledged his arrest and said Iran “has a long history of detaining Iranians and foreign nationals on spurious charges.”

While Iran has yet to say what charges Sharmahd faces, others detained over the 2008 bombing have been convicted and executed. Sharmahd’s son said his father suffers from Parkinson’s disease, as well as diabetes and heart trouble that require medication and careful monitoring.

“He’s very much at risk,” his son said. “All of us are extremely concerned.”

___

Associated Press writer Geir Moulson in Berlin contributed to this report.

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[mastcomm]

Rod Blagojevich, Coronavirus, Democrats: Your Wednesday Briefing

(Want to get this briefing by email? Here’s the sign-up.)

Good morning.

We’re covering President Trump’s clemency decisions and China’s encouraging numbers in the coronavirus outbreak. We’re also looking ahead to tonight’s Democratic debate, the first to include Michael Bloomberg.

President Trump says he’s the law of the land

Calling himself “the chief law enforcement officer of the country,” the president on Tuesday renewed his attacks on the criminal justice system, demanded a new trial for his friend Roger Stone, and granted clemency to several white-collar criminals.

By the end of the day, Attorney General William Barr was said to be considering resignation, though the Justice Department denied such suggestions. The attorney general said last week that Mr. Trump was making his work “impossible,” and the president agreed with him on Tuesday, saying: “I do make his job harder. I do agree with that. I think that’s true.”

White House officials said Mr. Trump had followed recommendations from friends, celebrities and campaign donors in granting full pardons or commutations to 11 people. (A commutation makes a punishment milder without wiping out the underlying conviction.)

The details: The Supreme Court has ruled that presidents have unlimited authority to grant pardons; here’s a full list of those who received clemency on Tuesday. Among them are Michael Milken, the Wall Street financier and so-called junk bond king of the 1980s, and Rod Blagojevich, the former Illinois governor who essentially tried to sell the Senate seat that Barack Obama vacated after he was elected president.

Perspective: In the years since Mr. Milken was convicted of securities fraud, influential friends have portrayed him as a maverick crushed by the establishment. Not so, says our business columnist James Stewart, who wrote a book about Mr. Milken.

Spread of coronavirus in China appears to slow

The Chinese authorities reported today that, for the second day in a row, there were fewer than 2,000 new cases of the virus. The number hadn’t fallen below that threshold since Jan. 30, but public health officials have warned against excessive optimism.

Also today, hundreds of passengers began leaving a cruise ship in Japan after the end of a two-week quarantine. More than 540 people aboard the ship had tested positive for the virus. Here are the latest updates from around the world and maps of where the virus has spread.

Go deeper: As it works to contain the epidemic, China has sidelined groups that the Communist Party considers rivals. Our columnist writes: “Beijing has shown the world that it can shut down entire cities, build a hospital in 10 days and keep 1.4 billion people at home for weeks. But it has also shown a glaring weakness that imperils lives and threatens efforts to contain the outbreak: It is unable to work with its own people.”

Another angle: China said today that it would revoke the credentials of three Wall Street Journal reporters, after officials objected to a headline this month in the newspaper’s opinion pages: “China Is the Real Sick Man of Asia.”

Michael Bloomberg’s debate debut

Tonight is the ninth Democratic presidential debate, but it will be the first to include the former New York mayor, who has been rising in recent polls. The debate, held in Las Vegas ahead of Saturday’s Nevada caucuses, starts at 9 p.m. Eastern. Here’s what to watch for.

News analysis: “After a mass introduction to the Democratic electorate on his terms, powered by hundreds of millions of dollars of his own money, Mr. Bloomberg is submitting for the first time to an uncontrolled setting on a national scale,” our political reporter Matt Flegenheimer writes. “This does not necessarily play to his strengths.”

Another angle: Bernie Sanders’s campaign said it would request a recount of the results in Iowa after the state’s Democratic Party said it had completed a partial recanvass, changing results in 29 precincts but shifting no national delegates.

If you have 9 minutes, this is worth it

The iPhone at the deathbed

In a collision of technology and culture, of new habits and very old ones, we are beginning to photograph our dead again. Such images may feel jarring on social media, but they have a long history. Above, the late Robert Alexander and his sister Kary Manzanares.

For families like Mr. Alexander’s who are choosing home funerals and eschewing the services of conventional funeral parlors, photography is a celebration of that choice.

Here’s what else is happening

Europe’s plans for tech: The European Union today outlined an attempt to restore what officials called “technological sovereignty,” amid concern that the region is overly dependent on services provided by companies based elsewhere.

Disputed result in Afghanistan: President Ashraf Ghani was declared the winner of the country’s presidential vote after months of delayed results. Hours later, his leading challenger also claimed victory. The dispute comes on the verge of a U.S. peace deal with the Taliban.

Snapshot: Above, civilians fleeing toward Turkey last week from Idlib, the last opposition-controlled province in Syria. About 900,000 people, mostly women and children, have fled their homes since December as the Syrian government tries to seize the area. “It’s like the end of the world,” one relief worker said.

What we’re reading: This joint undercover investigation by Correctiv and Frontal21, two German news outlets, into the Heartland Institute, an American organization that promotes the denial of climate science. Our climate reporter John Schwartz calls it fascinating.

Now, a break from the news

Jan Ransom had a lot of early starts. Now, she’s waiting for a verdict in the Weinstein case, but during the trial, the line to enter the courtroom in Manhattan Criminal Court stretched down the block by 6 a.m. Once the day’s proceedings began, around 9:30 a.m., she listened closely all day, every day, watching the movie producer’s facial expressions, noting the testimony of the witnesses and recording the reactions of the jury.

In many federal courthouses, cellphones, laptops and recording devices are not permitted, which means reporters must often take notes by hand, then call their editors or other reporters to relay the news.

“You’re back to being a reporter from the 1950s,” said John Schwartz, a Times reporter who previously worked as the legal correspondent for the National desk. “You phone it in and compose it in your head and provide that first bit of information just as quick as you can.”

There are often hours of proceedings that can include long exchanges between lawyers and the judge. Skilled reporters are able to discern important developments.

“It’s 99 percent tedium,” said Ben Weiser, who has covered the Manhattan federal courts for The Times for many years. “But you have to be listening and then suddenly someone will say something, and that will be your lead.”

That’s it for this briefing. See you next time.

— Chris

Thank you Mark Josephson and Eleanor Stanford provided the break from the news. Katie Van Syckle wrote today’s Back Story. You can reach the team at briefing@nytimes.com.

P.S. • We’re listening to “The Daily.” Today’s episode is the first of a two-part series about a digital underworld of child sexual abuse imagery that is hiding in plain sight. • Here’s today’s Mini Crossword, and a clue: Things actors memorize (five letters). You can find all our puzzles here. • The Times’s correspondent Rukmini Callimachi spoke to Elle Magazine about how she considers her clothing and self-presentation when covering Islamic extremism.

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[benrleeusa]

[John K. Ross] Short Circuit: A Roundup of Recent Federal Court Decisions

Robin Hood, affordable housing cronyism, and a free nipple split.

Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice.

This humble roundup is not a place for braggadocio. But this week IJ won big at the U.S. Supreme Court, striking a blow against excessive fines. And last week IJ won huge at the New Jersey Appellate Division, striking a blow against the abuse of eminent domain. CAN YOU HEAR THE FREEDOM RING?

Allegation: Developer spends $500k on plans to build 50 homes for low-income residents on long-vacant Buffalo, N.Y. lots. But the mayor kills the project after the developer declines to hire the mayor's political ally as a contractor. Second Circuit: There is troubling evidence of cronyism, but the developer's claims can't go.

Inmate at Fishkill, N.Y. prison (who is unrepresented by counsel) alleges an officer pushed him down concrete stairs. He names "John Doe" in his complaint but also refers to the officer as "C.O. Deagan." Later, he amends that to "Joseph Deacon," after a court orders the state to name the officers working during the shift in question. District court: Took too long to identify the correct defendant. Case dismissed. Second Circuit: Vacated. It was essentially a spelling mistake; it's implausible that the officer didn't know he was the one being sued.

The federal government gives out grants to state and local law enforcement under a program called the Edward Byrne Memorial Justice Assistance Grant Program. May the Attorney General withhold grants from cities—like Philadelphia—that refuse to share information with ICE about the immigration status of arrestees? Third Circuit: Like multiple other courts to consider the question, we hold that Congress never gave the Attorney General that authority.

Roanoke, Va. ordinance imposes stormwater utility charge upon properties with a certain amount of impervious surface—about 86 percent of the city's parcels. Railroad: Our crushed-rock rail beds are as pervious as lawns, which are exempt from the charge. The rail beds should be exempt, too; the ordinance violates a federal law prohibiting discriminatory taxes against railroads. Fourth Circuit: Ah, but this is a fee, not a tax. Judge Wilkinson, concurring: The company is just trying to get out of paying its fair share for environmental remediation, and its position would threaten numerous cities' clean-up schemes.

In 1873, the Supreme Court infamously suggested that the Privileges or Immunities Clause of the Fourteenth Amendment protects only a rather paltry set of rights such as the right to use the navigable waters of the United States. And indeed since then the right to use the navigable waters has been more or less ignored. But was the right really so obscure and unimportant in the wake of the Civil War as it seems today? Nope, it was a super big deal, argues the Fourth Episode of the "fascinating" and "riveting" Bound By Oath podcast. Subscribe today.

Intelligence officer works long hours managing high stress situation—Edward Snowden. She's diagnosed with depression; her once "outstanding" performance deteriorates. She takes medical leave, is recommended for another position by an interview panel but is blocked by management. Fourth Circuit: Her claim that the agency interfered with her ability to take FMLA medical leave ought to go to trial.

Fact disputes and qualified immunity doctrine fuse into a headspinning medley in this case out of Kaufman County, Tex. Police respond to reports that a black man in a brown shirt is brandishing a pistol in public. The man fires at officers, then disappears. Minutes later, a black man wearing a blue jacket enters the road, over 100 yards away from officers. Claiming he's brandishing a pistol, officers shoot him four times, then tase him. He dies. Turns out he had a toy gun on him, not a real gun. And his dad, a witness, says he wasn't brandishing anything. Parents sue. Fifth Circuit: Parents' version of the facts supports a Fourth Amendment violation, but police officer is entitled to qualified immunity. Kaufman County, however, doesn't get immunity, so the parents can proceed against it. Dissent: "In that split second, [the officer] was justified in concluding that the individual riding at them while their guns were drawn was the armed suspect."

Company runs auto service centers across the southeast U.S. under the name "Tire Engineers." Mississippi Board of Licensure for Professional Engineers & Surveyors: Change your name. Consumers might think licensed Professional Engineers are changing their tires. Fifth Circuit: Most people who don't work for engineering licensure boards probably realize that the word "engineer" can mean lots of different things. And under the First Amendment, the board can't use speech bans to impose its "preferred definition" of words on the public at large.

Trumbull County, Ohio corrections officer repeatedly demands that 19-year-old inmate expose herself to him and masturbate. (She does.) And if true, says the Sixth Circuit, that misconduct would so clearly violate the Eighth Amendment that the officer is not entitled to qualified immunity. So to trial the case must go.

Fort Collins, Colo., imposes no restrictions on male toplessness but prohibits women from baring their areolæ. Free the Nipple-Fort Collins sues, and, with the aid of a district court preliminary injunction, frees all nipples in Fort Collins. Tenth Circuit: Just so. Notwithstanding many other courts' decisions to contrary, we agree that the city has likely discriminated on the basis of sex and violated the Equal Protection Clause. And the city's citation to a Wikipedia article on "Breast" does not change the analysis. Dissent: "The proper standard of review is the rational-basis standard generally applied to economic and social regulation."

Allegation: Motorcyclist flees from aggressive driver but after a quarter of a mile realizes for the first time that it's the cops. He pulls over. A LeFlore County, Okla. deputy drives into the motorcycle, flinging the cyclist into a ditch. A second officer strikes the unresisting cyclist, breaking his face. After he's cuffed, the second officer repeatedly knees the cyclist in the ribs. District court: Qualified immunity for ramming the cyclist into the ditch. Tenth Circuit: But no qualified immunity for the second officer.

Developer seeks to develop its Pasco County, Fla. property into retail shopping. County officials demand that the developer dedicate 50 feet for a road, later raising the demand to 140 feet—more than a quarter of the total parcel. Alas, says the Eleventh Circuit, no substantive due process claim arises out of an unlawful application of a land use ordinance. (Fret not, years ago the county paid nearly $5 mil to settle the takings claim.) Concurrence: The attempt to revive a dropped takings claim and infuse it with new life under substantive due process is "not how constitutional law works."

Pelham, Ga. prison guard discovers that inmates are operating a phone scam, tricking people into giving them prepaid debit card numbers. Casting himself as "Robin Hood," the guard seizes the numbers. Eleventh Circuit: But you left out the critical part of the Robin Hood mythos in which he returned the money to the commoners. Conviction affirmed. (Bonus: Part of the case turns on the fact that the guard is known to be an "asshole.")

Do you want to use your law degree to litigate cutting-edge constitutional cases, stop government abuse of power, set long-range precedent, and champion the rights of all Americans? IJ is on the lookout for energetic and entrepreneurial attorneys with 2-6 years of litigation experience for its Arlington, Virginia headquarters. Attorneys at IJ bring creative, intellectually-rigorous cases in federal and state courts around the country. Within a supportive, team-based culture, attorneys develop their own cases, direct legal strategy, take depositions, and present oral argument through every stage of litigation, maintaining ownership of their cases up to and including the Supreme Court. Often, attorneys gain deposition and oral argument experience within their first 18 to 24 months. To learn more and apply, visit www.ij.org/jobs.

[rolandfontana]

What to Do if You are Arrested in China

Before I explain what to do if arrested in China, let me explain the following “whys” behind this post:

Foreigners get arrested overseas all the time. Not just in China.

Foreigners get arrested all the time in China, for all sorts of things, including for things that would be crimes in countries like Canada and Denmark.

Foreigners get arrested all the time in China, for all sorts of things, including for things that would not be crimes in countries like Canada and Denmark.

Yesterday, a reporter called me to discuss what Michael Korvig (this is the Canadian who was just recently detained by China) should do. My response was somewhat along the following lines:

It is hard to know without knowing more. When I was asked what Mr. Korvig should do, the only rumors about his detention were that they were in retaliation for Canada’s having Seized Meng Wanzhou, the high level Huawai executive. I said if this is in fact the case, there is probably very little he can do as his freedom will likely need to be negotiated government to government (Canada to China).

I now know a little more. This New York Times article, China Says Detained Canadian Worked for Group Without Legal Registration, states that Mr. Korvig has been detained because the organization for which he works was not properly registered. Not a big surprise. Earlier this week, in How to Avoid Being Detained in China, I listed out the following seven things to do to avoid arrest in China:

If you are doing business in China without a Chinese company (and by China, I most emphatically do not mean a Hong Kong or a Taiwan company), you had better be damn sure you do not need a company, especially since the odds are that you do. Doing Business in China Without a WFOE: Will the Defendant Please Rise.

It means paying whatever taxes you or your company might owe. See China Taxes, Getting Legal, and Some Good News.

It means having your visa and the visas of all of your employees in good order. See China Visa FAQs.

It means not deciding you are operating legally in China based on some crap you’ve read on the Internet that feeds into your desire to believe that you are. See China Law Online: It’s All Wrong.

It means protecting your company from your China employees because the odds are good it will be one of your China employees who leads to your downfall either by reporting you to the authorities or by suing you and thereby exposing something you are doing that you should not be doing. Trust us on this one. Please. See China Employer Audits: The FAQs.

It means that if you are not 99.99% certain you are operating in China completely legally you either immediately do something to change that or you immediately leave the country and you take all of your foreign employees with you. And if for some reason you don’t care about one or more of your foreign employees getting into big trouble in China, note that people who go to jail for something that their company do have a tendency to sue their company.

If you are in a dispute with anyone in China regarding money, you should consider paying it and getting a valid and legally sound  release in Chinese making clear that you paid it. See Maybe Owe Money To China? Don’t Go There. Or you should consider immediately leaving China.

Note how many of these things may apply to Mr. Korvig, if the New York Times is accurate as to his detention “Wait a second,”  you may be saying. Do you really believe Mr. Korvig was detained for some alleged corporate violation of his company and not because he is Canadian and, more importantly, an ex-diplomat. I believe it is probably a combination of these things. China could no doubt have legally justified the detention of at least hundreds of Canadians but it chose this particular person, probably because he is a former diplomat and his detention sends a clear message to Canada. I called the reporter back this morning with this new assessment.

3. Contact your Nearest Embassy or Consulate. There is little doubt that the Canadian government is all over Mr. Korvig’s detention already, but what should you do if you are arrested or detained in China and you are not a former diplomat and your country is not in the midst of a knock-down drag out fight with China? Your first step should usually be to contact your nearest embassy or consulate, but recognize that it will be limited in the assistance it can provide. Foreigners arrested in China are subject to Chinese laws, not the laws of their own country. This should be obvious, but not everyone knows this.

Your embassy or consulate should be able to help you with the following:

Providing you with a list of local attorneys who speak your native language

Contact your family, friends or employer

Visit you in jail and provide you with reading materials and maybe food.

Monitor your situation in jail and help ensure that you are being treated appropriately.

Provide you with an overview of the local criminal justice process

2. Hire a LOCAL Criminal Attorney. You will need a local attorney. This means if you are arrested in Qingdao you need a Qingdao criminal lawyer and not a Shanghai one. China has many terrific criminal lawyers and they usually require relatively low upfront flat fees to take on a new matter for a new client. This means it is usually relatively easy to find a good and cheap Chinese criminal lawyer, but few speak English.

It is absolutely critical that you get a good local criminal lawyer as quickly as possible. Far too often when our China lawyers get contacted regarding a criminal law situation in China, the detainee or the detainee’s friends or family believe that because the arrest was a “mistake” no lawyer is needed. Some claim they do not need a lawyer because they or someone they know has sufficient guanxi to handle the arrest lawyer-free. Even if these people are right (and they pretty much never are), it still behooves them to get a good local criminal lawyer immediately.

No ifs ands or buts: if you are arrested in China, you need a local criminal lawyer and fast. 

How do you find such a lawyer? That depends. By way of an example, one of our China lawyers was recently asked to find a criminal lawyer in a small Chinese city. This lawyer immediately emailed all of the China lawyers in our firm and we all emailed our China lawyer contacts in various cities to ask for the names of recommended Chinese criminal lawyers in this small Chinese city. The client ended up hiring a lawyer who was mentioned multiple times by the Chinese lawyers we know.

4. Contact Family and Friends but Keep Them Quiet. Sometimes. Sometimes you want your family and friends on the outside to scream up and down about your arrest. Sometimes that is the worst strategy possible. It is generally a good idea not to publicize your case unless your local criminal lawyer instructs you to do so. China is not going to release you because your hometown newspaper is saying you are being held unfairly. Instead, your publicizing the unfairness of your arrest might just cause the local prosecutor or court to double down. But see here for a case where the strategy was to generate bad publicity for the arresting country.

4. Hire an Attorney in Your Home Country (Sometimes). Our China attorneys get contacted by arrested Westerners maybe ten times a year. If the matter is something like a shoplifting arrest, we usually do little more than provide the family or the arrested with a few tips and find them a good local criminal lawyer and sometimes a good local translator. This is the case for nine out of ten. But in some cases — when the Westerner arrested is from the United States or Spain or Germany where we have our own attorneys — we do considerably more.

By way of one example, our firm a few years ago represented an American charged by China with massive financial fraud. We stayed involved in this case from its beginning through sentencing (note that more than 99 percent of those charged with a crime in China end up being convicted). For this client we did the following:

Found him a top-tier criminal lawyer. This lawyer did not speak Chinese and so we often served as the intermediary.

We often served as an intermediary with the US Consulate.

We would communicate with the detainee’s family in the United States

We gathered up key mitigating documents from the United States and other countries outside China.

Perhaps most importantly, we explained China’s legal system to the detainee and his family and, in particular, the huge benefits of admitting to the crime and setting up a procedure to reimburse those who harmed by the crime and a rehabilitation plan. We also explained China’s sentencing and early release laws and the importance/benefit of reimbursing the victims so as to get a sentence term that allowed for early release.

We did this in Japan a few years ago in a very high profile case and you can go here (CNN), here (The Guardian), here (ABC News), here (Los Angeles Times)  to read more about that case. In that case, our goal was to publicize the trial as much as we could, so as to convince Japan that releasing the detainee would make life better/easier for Japan than holding him. We also used the press to send various messages to the Japanese authorities to make them feel better about releasing the detainee. It worked. The detainee was found guilty but immediately deported instead of being imprisoned.

But these two cases on which are firmed worked were long ago and the rare sort of case. In the typical case, you do not need a foreign lawyer and you will want to stay quiet.

The one thing you must bear in mind when doing business in China is that China criminalizes many things related to doing business that are not typically criminalized in the West. We actually wrote about this in 2006 in a post entitled, Criminal Law And Business In China — A Strong Caution:

In the U.S. and in Europe, it is quite uncommon for a dispute between two business people to become subject to criminal law enforcement. This is not true in China. In doing business in China, you need to be aware of two things: the scope of economic crime there is far broader than you probably expect and the Chinese party with whom you are conducting business is far more likely to pursue a criminal complaint than you would expect.

China has developed elaborate laws concerning “economic crimes” that parallels its civil law system. The area of economic crime is quite extensive. My Chinese textbook on economic crime is over 1500 pages long and it describes 105 separate crimes, divided into eight categories. Dealing with economic crimes has become an increasingly large portion of the workload of the average Chinese court. Many of these crimes are garden variety crimes, such as smuggling or passing bad checks, that would be considered a crime in any jurisdiction. However, a whole host of crimes applies to areas most Western business people would think would be dealt with by private litigation. For example, one general area of crime is “Disturbing the Market Order.” Another is called “Damaging the Management Order of a Company or Enterprise.” Crimes in these categories can be very broadly described and can often be applied in areas that are surprising to a Western business person. For example, criminal fraud is very hard to prove in the United States. This is not true in China.

Here are some examples of the ways Western business people can find themselves in China’s criminal system:

There is a sale of product. The Chinese party complains that the product is defective. The foreign seller insists the product meets standards and it is the buyer’s own processing that caused the problem. This normal business dispute may be transformed into the crime of sale of defective products.

A Chinese company pays a substantial deposit to a foreign service provider to develop a sophisticated market access program for the United States. There is a dispute over the quality of the service provided by the foreign provider. The foreign provider does not collect the remainder of its fee, but refuses to refund the deposit. This normal business dispute may be transformed into the crime of contract fraud.

A Chinese company insists on a guarantee of payment from a foreign seller through deposit of promissory notes issued by a foreign party. When the Chinese party attempts to collect on the notes it cannot do so due to banking regulation or some other technical matter. The foreign seller does not make alternative arrangements for payment. This normal business dispute may be transformed into the crime of financial fraud.

The offended Chinese business person is also much more likely to pursue a criminal complaint than his or her Western counterpart. This is particularly true outside China’s major cities, where the private court system is less developed. There are a number of reasons for this. First, there is the longstanding tradition in China that law is basically a criminal matter. Many Chinese judges are more comfortable handing out criminal sanctions than deciding the merits of private commercial activity.  Second, many Chinese businesspeople are more comfortable beseeching the police, the prosecutors, and/or the courts for justice than pursuing justice on their own. Third, there is an economic incentive. If the state pursues the claim, the offended person or company saves on the expense of hiring a lawyer. Fourth, as part of the criminal action, the state will seek to force the defendant to pay redress to the offended party. In China, the state is more likely than a private party to be able to obtain assets from a defendant.

If you are involved in a business dispute in China, you should immediately consider the risk it will be transformed into a criminal matter. If the other side in your business dispute threatens criminal sanctions against you, you should take this seriously. You need to make sure you are completely prepared to deal with the issues. Moreover, you need to be completely sure that what you consider to be an entirely innocent commercial dispute is not in fact a potential crime under the wide application of economic crime applied in China. And if it is, you need to prepare for that

What to Do if You are Arrested in China syndicated from https://immigrationattorneyto.wordpress.com/

[robertmcangusgroup]

The Daily Tulip

The Daily Tulip – International News From Around The World

Sunday 25th June 2017

Good Morning Gentle Reader…. Bella is a little better this morning, the cough seems to be dissipating, it’s at times like this I wish I could actually talk to her and ask her how she feels.. we took a slow walk up the hill this morning, under a star filled sky, no moon so all the stars where shinning in their full glory… at moments like this, looking up towards the heavens and seeing the profusion of galaxies, planets and constellations above my head, it’s hard to believe that we are the only life form.. To quote Carl Sagan: “A galaxy is composed of gas and dust and stars - billions upon billions of stars. Every star may be a sun to someone.”  Please enjoy your Sunday, where ever you are and may “Our” sun shine kindly on you…

NEPAL STEPS UP TO MEASURE MOUNT EVEREST…. Everest's "official" measured height has varied between 8,840 and 8,848 metres since 1856. Nepal is to spend two years measuring Mount Everest because its official height may have changed following the devastating April 2015 earthquake in the region. The country's Department of Survey says the mountain, measuring 8,848 metres (29,029 feet) based on previous surveys, may also have shifted its geographic position, the Kathmandu Post reports. The two-year task will also show the impact of climate change on the mountain, and will cost 140m rupees ($1.35m; £1m) the paper says. Measurements will be taken from three locations around the mountain, but Sherpas will also have to carry equipment to the summit "for drawing a final conclusion". The Nepalese mission isn't the only attempt to measure Everest at the moment. The Survey of India announced their intention to take on the task last week, the Deccan Herald reports. However, they may now pool resources with Nepal "to see if the 2015 earthquake indeed shrunk Everest", a conclusion that's contested among geologists. Also causing controversy are claims that the mountain's famous Hillary Step - a rock face that is the last obstacle for climbers attempting to reach Everest's summit - has collapsed. Last month, a British climber said that the feature had been destroyed by the Nepal earthquake. However, this was almost immediately contradicted by two Nepali Sherpas who said that it was still there but covered in snow.

RUSSIAN SPACE LAUNCH DEATH STIRS KAZAKH RESENTMENT…. The Progress MS-06 mission on the pad at Baikonur atop a Soyuz launch vehicle. Kazakhs have aired their frustration over the Russia-operated space launch facility on their territory after a Kazakh worker was killed clearing up the aftermath of a recent launch. The launch of the Progress MS-06 supply mission to the International Space Station on 14 June from the Baikonur space centre in Kazakhstan has been touted as a technical success by Russian operator Roscosmos. But as the TASS news agency reports, an employee of the Russian company tasked with overseeing the areas where the rocket stages of the Soyuz-2 1a launcher fall to Earth was killed while trying to extinguish a fire on the local steppe. The Kazakh Tengrinews website says the fire at the drop site near Zhezkazgan, some 600 km (375 miles) from the launch site, was caused by the falling rocket fragments. News of the man's death was met with dismay from Kazakh social media users. "Russia is launching its rockets and our people are running around in their own land and putting out fires. It is ridiculous," said one user. Another blamed Russia for the death: "It would be better if the rocket had fallen on the Kremlin." The continuing presence of the Russian cosmodrome at Baikonur remains a bone of contention among some Kazakhs. Its location in the centre of the country means that anything falling to Earth - either intentionally or by accident - will land somewhere in Kazakhstan. When a Proton rocket carrying 600 tons of toxic rocket fuel exploded seconds after launch in 2013, a local environmentalist told Russia's Interfax news agency that "the relaxed nature of our Kazakh government" was one of the reasons that Kazakhstan bore the brunt of Russian space failures. "They leased out the space centre as if it were a barn and did nothing afterwards," Mels Eleusizov said at the time, "It is a shame on our country." Russia's new Vostochny Cosmodrome in the Russian far east is expected to reduce the country's reliance on Baikonur within the next decade.

THE SCHOOLTEACHER ABOUT TO FIGHT MANNY PACQUIAO…. In the classroom he's known as Mr Horn. But in the ring, call him "The Hornet". A relatively unknown physical education (PE) teacher from Australia is weeks away from taking on Manny Pacquiao for boxing's world welterweight title. If 29-year-old Jeff Horn - the "fighting schoolteacher" as promoters have dubbed him - can match the reigning champion, his life could change forever. Eleven years ago, Horn was a self-described nerd from Brisbane who walked into a boxing club to learn self-defence. He read books, played board games in the library at lunchtime, and was often the victim of bullying. The only fighter in the family was his grandfather, Ray Horn, who put on exhibition matches in outback Queensland in the 1930s. His dad, Jeff Horn Sr, is a builder. His mum, Liza Sykstra, works for the St Vincent de Paul Society. "I got into a few fights at high school," Horn told the BBC. "I didn't win the majority of those fights either." But his trainer, Glenn Rushton, told Horn he could become an Australian champion and set about teaching him an unpredictable boxing style - "broken rhythm pressure fighting". In 2012, Horn made the Olympic boxing quarterfinals while studying for his education degree. He then turned professional. Working as a substitute teacher, Horns won prize purses sometimes as low as A$2,000 (£1,100, $1,500). Until recently, he taught students at Pallara State School in Brisbane. But now his full-time job is being the second-best welterweight boxer in the world - behind only Pacquiao. "I'm a month out from the biggest fight of my life," Horn said, earlier in June. "I've been getting messages from past students wishing me luck."…

TURBULENCE ON PARIS-CHINA FLIGHT INJURES 26…. The latest incident comes a week after a hole was found in the engine of this China Eastern Airlines plane. At least 26 people were injured, four seriously, when turbulence hit a China Eastern Airlines flight from Paris on Sunday, state media reports. The turbulence struck as flight MU774 was on its way to Kunming, in the southern Yunnan province. Passengers suffered broken bones, cuts to the scalp and soft tissue injuries, the Xinhua state news agency reported. China Eastern Airlines later said it was crucial passengers wear seatbelts as flights descend. "I was on the flight, and I felt like I would not survive," the Hong Kong- based South China Morning Post quoted one passenger as saying on the Weibo microblogging site. "Many people were injured, and among them, many had not buckled up." Xinhua said (in Chinese) that two violent bumps and many small bumps occurred over about 10 minutes. It said that during the turbulence, several passengers' heads and shoulders collided with the luggage racks, some luggage racks broke from the impact, and some luggage fell off the racks and hit customers. The airline said on its Weibo account (in Chinese) that the Airbus A330, that had taken off from Paris' Charles de Gaulle airport, landed safely in Kunming.

GEORGIA PRISONERS ROWE AND DUBOSE CAUGHT AFTER MASSIVE MANHUNT….  Two US inmates who were on the run since Tuesday after shooting dead two prison officers have been captured, officials say. Donnie Rowe and Ricky Dubose were seized in the state of Tennessee. The men overpowered the guards as they were transported by bus to another facility in the state of Georgia. This triggered a massive nationwide manhunt, with the authorities warning that the public was in "grave danger" because the inmates were armed. On Thursday, officials said the two men were in custody following a car chase in rush hour traffic through Rutherford County, Tennessee. Earlier that day, the two men had stormed into an elderly couple's home, put guns to their heads and tied them up with a belt, authorities say. Dubose and Rowe remained inside the home of the couple - who police say are "extremely traumatised" - for three hours as they took clothing and jewellery, and ate beef stew. After the convicts left in the couple's black Jeep Cherokee car, the man and woman managed to escape and call police. Rutherford County Sheriff's Office deputies spotted the black Jeep at around 18:00 local time about 50 miles (80km) southeast of Nashville and followed, leading to a car chase reaching speeds of over 100mph. The suspects shot at police during the chase, but deputies did not return gunfire, Rutherford County Sheriff Michael Fitzhugh told reporters on Thursday night. After Dubose and Rowe crashed their car, they ran towards another house and tried to steal the car in the driveway. But an armed homeowner held the two at gunpoint with the help of a neighbour before police could arrive.

Well Gentle Reader I hope you enjoyed our look at the news from around the world this, Sunday morning…

Our Tulips today are reaching for the heavens.....

A Sincere Thank You for your company and Thank You for your likes and comments I love them and always try to reply, so please keep them coming, it's always good fun, As is my custom, I will go and get myself another mug of "Colombian" Coffee and wish you a safe Sunday 25th June 2017 my home on the southern coast of Spain, where the blue waters of the Alboran Sea washes the coast of Africa and Europe and the smell of the night blooming Jasmine and Honeysuckle fills the air…and a crazy old guy and his dog Bella go out for a walk at 4:00 am…on the streets of Estepona…

All good stuff....But remember it’s a dangerous world we live in

Be safe out there…

Robert McAngus

[muzaffar1969]

http://ift.tt/2n8abVS

Authored by John Whitehead via The Rutherford Institute,

“Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime. Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property. Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head.  With civil forfeiture, your property is guilty until you prove it innocent.”

- “ Policing for Profit: The Abuse of Civil Asset Forfeiture,” Institute for Justice

In jolly old England, Robin Hood stole from the rich to give to the poor.

In modern-day America, greedy government goons steal from the innocent to give to the corrupt under court- and legislature-sanctioned schemes called civil asset forfeiture. In fact, according to The Washington Post, “law enforcement took more stuff from people than burglars did.”

This is how the American police state continues to get rich: by stealing from the citizenry.

Here’s how the whole ugly business works in a nutshell.

First, government agents (usually the police) use a broad array of tactics to profile, identify, target and arrange to encounter (in a traffic stop, on a train, in an airport, in public, or on private property) those  individuals who might be traveling with a significant amount of cash or possess property of value. Second, these government agents—empowered by the courts and the legislatures—seize private property (cash, jewelry, cars, homes and other valuables) they “suspect” may be connected to criminal activity.

Then—and here’s the kicker—whether or not any crime is actually proven to have taken place, without any charges being levied against the property owner, or any real due process afforded the unlucky victim, the property is forfeited to the government, which often divvies it up with the local police who helped with the initial seizure.

It’s a new, twisted form of guilt by association.

Only it’s not the citizenry being accused of wrongdoing, just their money.

What this adds up to is a paradigm in which Americans no longer have to be guilty to be stripped of their property, rights and liberties. All you have to be is in possession of something the government wants.

Motorists have been particularly vulnerable to this modern-day form of highway robbery.

For instance, police stole $201,000 in cash from Lisa Leonard because the money—which Leonard planned to use to buy a house for her son—was being transported on a public highway also used by drug traffickers. Despite the fact that Leonard was innocent of wrongdoing, the U.S. Supreme Court upheld the theft on a technicality.

Police stole $50,000 in cash from Amanee Busbee—which she planned to use to complete the purchase of a restaurant—and threatened to hand her child over to CPS if she resisted. She’s one of the few to win most of her money back in court.

Police stole $22,000 in cash from Jerome Chennault—which he planned to use as the down payment on a home—simply because a drug dog had alerted police to its presence in his car. After challenging the seizure in court, Chennault eventually succeeded in having most of his money returned, although the state refused to compensate him for his legal and travel expenses.

Police stole $8,500 in cash and jewelry from Roderick Daniels—which he planned to use to purchase a new car—and threatened him with jail and money-laundering charges if he didn’t sign a waiver forfeiting his property.

Police stole $6,000 in cash from Jennifer Boatright and Ron Henderson and threatened to turn their young children over to Child Protective Services if they resisted.

Tenaha, Texas, is a particular hotbed of highway forfeiture activity, so much so that police officers keep pre-signed, pre-notarized documents on hand so they can fill in what property they are seizing.

As the Huffington Post explains, these police forfeiture operations have become little more than criminal shakedowns:

Police in some jurisdictions have run forfeiture operations that would be difficult to distinguish from criminal shakedowns. Police can pull motorists over, find some amount of cash or other property of value, claim some vague connection to illegal drug activity and then present the motorists with a choice: If they hand over the property, they can be on their way. Otherwise, they face arrest, seizure of property, a drug charge, a probable night in jail, the hassle of multiple return trips to the state or city where they were pulled over, and the cost of hiring a lawyer to fight both the seizure and the criminal charge. It isn’t hard to see why even an innocent motorist would opt to simply hand over the cash and move on.

Unsurprisingly, these asset forfeiture scams have become so profitable for the government that they have expanded their reach beyond the nation’s highways.

According to USA Today, the U.S. Department of Justice received $2.01 billion in forfeited items in 2013, and since 2008 local and state law enforcement nationwide has raked in some $3 billion in forfeitures through the federal “equitable sharing” program.

So now it’s not just drivers who have to worry about getting the shakedown.

Any American unwise enough to travel with significant amounts of cash is fair game for the government pickpockets.

In fact, the Drug Enforcement Administration (DEA) has been colluding with the Transportation Security Administration (TSA) and local police departments to seize a small fortune in cash from American travelers using the very tools—scanners, spies and surveillance devices—they claimed were necessary to catch terrorists.

Mind you, TSA agents already have a reputation for stealing from travelers, but clearly the government is not concerned about protecting the citizenry from its own wolfish tendencies.

No, the government isn’t looking to catch criminals. It’s just out for your cold, hard cash.

As USA Today reports, although DEA agents have seized more than $203 million in cash in airports alone since 2006, they almost never make arrests or build criminal cases in connection to the seized cash.

For instance, DEA agents at the Cincinnati/Northern Kentucky International Airport stole $11,000 in cash from college student Charles Clarke—his entire life savings, in fact—simply because they claimed his checked suitcase smelled like marijuana. Apart from the sniff test, no drugs or evidence of criminal activity were found.

Christelle Tillerson was waiting to board a flight from Detroit to Chicago when DEA agents stole $25,000 in cash from her suitcase, money she planned to use to buy a truck. Tillerson was never arrested or charged

Joseph Rivers was traveling on an Amtrak train from Michigan to Los Angeles when police stole $16,000 in cash in a bank envelope—money the 22-year-old had saved up to produce a music when he arrived in Hollywood—based solely on their groundless suspicions that the money could have been associated with drugs.

How does the government know which travelers to target?

Through surveillance of Americans’ domestic travel records, by profiling train and airport passengers, and by relying on a “network of travel-industry informants that extends from ticket counters to back offices.” In one instance, the DEA actually promised to give a TSA security screener a reward for identifying luggage with large sums of cash: the more cash found, the bigger the reward.

Starting to notice a pattern?

First, the government claims it needs more powers and more weapons in order to fight crime and terrorism: the power to spy on Americans’ communications and travel; the ability to carry out virtual and actual strip searches of Americans’ luggage, persons and property; the authority to stop and interrogate travelers for any reason in the name of national security.

Then, when government agents have been given enough powers and weapons to transform them into mini-tyrants, they’re unleashed on an unsuspecting citizenry with few resources to be able to defend themselves or protect their property.

So much for those long-cherished ideals about the assumption of innocence and due process.

For example, the federal government attempted to confiscate Russell Caswell’s family-owned Tewksbury, Massachusetts, motel, insisting that because a small percentage of the motel’s guests had been arrested for drug crimes - 15 out of 200,000 visitors in a 14-year span - the motel was a dangerous property. As Reason reports:

This cruel surprise was engineered by Vincent Kelley, a forfeiture specialist at the Drug Enforcement Administration who read about the Motel Caswell in a news report and found that the property, which the Caswells own free and clear, had an assessed value of $1.3 million. So Kelley approached the Tewksbury Police Department with an “equitable sharing” deal: The feds would seize the property and sell it, and the cops would get up to 80 percent of the proceeds.

Thankfully, with the help of a federal judge, Caswell managed to keep his motel out of the government’s clutches, but others are not so fortunate.

Gerald and Royetta Ostipow had their Michigan farm and property seized, including a classic muscle car, and then sold by the local sheriff’s office. As USA Today reports:

The Ostipows were required to provide a $150,000 cash bond before they could begin the legal proceedings to contest the forfeiture and get their property back. But they couldn’t afford to. An appeals court later overturned the Ostipow’s hefty bond requirement… But the ruling didn’t stop the nightmare for the couple who were never charged with a crime. They still had to win a court case seeking the return of hundreds of thousands of dollars’ worth of property taken from the Ostipow’s rural Michigan home, including a cherished classic car. Eventually, an appeals court found that the property was wrongly forfeited. But it was too later to recover the car. With the odometer mysteriously bearing an additional 56,000 miles, police had already sold the car and spent the proceeds.

Despite the fact that 80 percent of these asset forfeiture cases result in no charge against the property owner, challenging these “takings” in court can cost the owner more than the value of the confiscated property itself. As a result, most property owners either give up the fight or chalk the confiscation up to government corruption, leaving the police and other government officials to reap the benefits.

Under a federal equitable sharing program, police turn asset forfeiture cases over to federal agents who process seizures and then return 80% of the proceeds to the police. Michigan police actually get to keep up to 100% of forfeited property.

This is what has become known as “policing for profit.”

According to USA Today, “Anecdotal evidence suggests that allowing departments to keep forfeiture proceeds may tempt them to use the funds unwisely. For example, consider a 2015 scandal in Romulus, Michigan, where police officers used funds forfeited from illicit drug and prostitution stings to pay for ...  illicit drugs and prostitutes.”

Police agencies have also used their ill-gotten gains “to buy guns, armored cars and electronic surveillance gear,” reports The Washington Post. “They have also spent money on luxury vehicles, travel and a clown named Sparkles.”

So what’s to be done?

As I make clear in my book Battlefield America: The War on the American People, we are now ruled by a government so consumed with squeezing every last penny out of the population as to be completely unconcerned if essential freedoms are trampled in the process.

Our freedoms aren’t just being trampled, however.

They’re being eviscerated.

At every turn, “we the people” are getting swindled, cheated, conned, robbed, raided, pickpocketed, mugged, deceived, defrauded, double-crossed and fleeced by governmental and corporate shareholders of the American police state out to make a profit at taxpayer expense.

President Trump has made it clear his loyalties lie with the police, Attorney General Jeff Sessions has previously declared his love for civil asset forfeiture, the Supreme Court keeps marching in lockstep with the police state, and the police unions don’t want their gravy train to go away, so there’s not much hope for federal reform anytime soon.

As always, change will have to begin locally and move upwards.

Some state legislatures (Florida, Michigan, Nebraska, New Mexico, and Ohio) are beginning to push back against these clearly unconstitutional asset forfeiture schemes. As the National Review reports, “New Mexico now requires a criminal conviction before law enforcement can seize property, while police in Florida must prove “beyond reasonable doubt” that property is linked to a crime before it’s seized.”

More than legislative change, however, what we need is a change of mindset on the part of the citizenry. We need to stop acting like victims and start acting like citizens with rights.

Remember, long before Americans charted their revolutionary course in pursuit of happiness, it was “life, liberty, and property” which constituted the golden triad of essential rights that the government was charged with respecting and protecting.

To the colonists, smarting from mistreatment at the hands of the British crown, protecting their property from governmental abuse was just as critical as preserving their lives and liberties. As the colonists understood, if the government can arbitrarily take away your property, you have no true rights: you’re nothing more than a serf or a slave.

The Fifth Amendment to the U.S. Constitution was born of this need to safeguard against any attempt by the government to unlawfully deprive a citizen of the right to life, liberty, or property, without due process of law.

Little could our ancestral forebears have imagined that it would take less than three centuries of so-called “independence” to once again render us brow-beaten subjects in bondage to an overlord bent on depriving us of our most inalienable and fundamental rights.

Yet if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.

Enough is enough.

March 21, 2017 at 09:09AM http://ift.tt/2nYFHDx from Tyler Durden http://ift.tt/2nYFHDx