Law investigation – Prosecute Bush Cheney http://prosecutebushcheney.org/ Thu, 16 Sep 2021 20:44:50 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 https://prosecutebushcheney.org/wp-content/uploads/2021/08/cropped-icon-32x32.png Law investigation – Prosecute Bush Cheney http://prosecutebushcheney.org/ 32 32 Manatee May Cover Legal Fees for a Sunshine Law Investigation https://prosecutebushcheney.org/manatee-may-cover-legal-fees-for-a-sunshine-law-investigation/ https://prosecutebushcheney.org/manatee-may-cover-legal-fees-for-a-sunshine-law-investigation/#respond Tue, 04 May 2021 07:00:00 +0000 https://prosecutebushcheney.org/manatee-may-cover-legal-fees-for-a-sunshine-law-investigation/ Bradenton The Manatee County Council of Commissioners may decide to cover $ 60,000 in legal fees that two officials racked up as they battled allegations they broke Florida’s Sunshine Act. At the next regular council meeting on Tuesday, May 11, the commissioners will vote to decide whether to cover the fees Commissioners James Satcher and […]]]>

The Manatee County Council of Commissioners may decide to cover $ 60,000 in legal fees that two officials racked up as they battled allegations they broke Florida’s Sunshine Act.

At the next regular council meeting on Tuesday, May 11, the commissioners will vote to decide whether to cover the fees Commissioners James Satcher and Kevin Van Ostenbridge paid to hire private attorneys to represent them in the case.

The $ 60,000 bill is a direct result of a complaint filed by Sarasota-based paralegal Michael Barfield, who applied for public registration for information relating to the November 19 board vote for move forward with the dismissal of former county administrator Cheri Coryea.

Barfield disputed that the commissioners, who were sworn in two days before the vote, had conspired and violated Florida’s sunshine law which prevents elected officials from the same body from discussing matters outside of public meetings.

After two weeks had passed without Satcher and Van Ostenbridge producing the text messages, emails and other public documents, Barfield sued the commissioners. He also filed a complaint that sparked an investigation by the Florida Department of Law Enforcement.

Special agents completed their preliminary fact-finding investigation in March and said they had found “no information obtained to prove that a criminal offense had been committed”.

1 fdle satcher 1 tt.jpg
02/18/21 – The Manatee County Commission may choose to cover the $ 60,000 Commissioners James Satcher and Kevin Van Ostenbridge paid in a public trial. In this file photo from The Bradenton Herald, Commissioner James Satcher reads an EPFL subpoena after being served before a public work meeting on February 18, 2021. Tiffany Tompkins ttompkins@bradenton.com

The trial, which also named Commissioner Vanessa Baugh, continues to unfold in the court system. According to court documents, Barfield withdrew Satcher and Van Ostenbridge from the trial after reaching a settlement agreement on April 23.

The $ 60,000 payment covers “legal fees, costs and settlement payments,” County Attorney Bill Clague wrote in a note. He said Florida law allows the county to cover these costs because the case involved Satcher and Van Ostenbridge “performing their official duties for a public purpose.”

While the board may choose to cover these costs, this is not a requirement and will be at the discretion of the board. Generally speaking, Barfield said Satcher and Van Ostenbridge would not be allowed to vote on the motion. Clague did not immediately respond to a Tuesday afternoon email asking for clarification on the matter.

Barfield called the $ 60,000 bill “astonishing”, noting that the settlement payment he received was around $ 6,000 to cover his court reporter fees, filing fees and other charges. legal.

“That would mean their own fee is $ 54,000. It’s mind-blowing, ”Barfield said Tuesday. “It’s a shocking number. There was not what I would call heavy litigation in this matter. Maybe they are asking for a fee for the criminal investigation, I’m not sure. I cannot justify how they would have arrived at $ 60,000 in the public records matter.

Clague’s memo mentions that lawyers represented Satcher and Van Ostenbridge in the FDLE investigation, but the agenda posted online Monday afternoon does not include receipts or billing information.

“We are entitled to these invoices and frankly I am surprised that this is not part of the package. It must be a reasonable cost. It’s not like they can claim to have paid a much higher amount, like $ 600.00, ”Barfield explained. “There should be billing details that Bill Clague has from the attorney to justify how much time they spent on the case and what they were doing.”

No settlement has been reached with Baugh. If that changes in the future, Clague said the board would also be eligible to cover legal fees she incurred.

Public meeting

What: The Manatee Council of County Commissioners is expected to discuss the matter at a public meeting.

When: 8:30 am Tuesday, May 11.

Or: Manatee County Administrative Building, 1112 Manatee Ave. W., Bradenton.

Ryan Callihan is the Bradenton County Herald reporter, covering local government and politics. On weekends, it also covers the latest news. Ryan graduated from USF St. Petersburg.
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Court Dismisses Request for Information on CCAC Land Law Inquiry https://prosecutebushcheney.org/court-dismisses-request-for-information-on-ccac-land-law-inquiry/ https://prosecutebushcheney.org/court-dismisses-request-for-information-on-ccac-land-law-inquiry/#respond Mon, 03 Aug 2020 07:00:00 +0000 https://prosecutebushcheney.org/court-dismisses-request-for-information-on-ccac-land-law-inquiry/ The Administrative Court (TA) rejected a request for information from a land concession company on an ongoing investigation by the Commission against Corruption (CCAC) into several expirations of land concessions. In 2018, former director general Fernando Chui Sai On commissioned the CCAC to investigate 74 land concessions declared invalid under the applied land law, with […]]]>

The Administrative Court (TA) rejected a request for information from a land concession company on an ongoing investigation by the Commission against Corruption (CCAC) into several expirations of land concessions.

In 2018, former director general Fernando Chui Sai On commissioned the CCAC to investigate 74 land concessions declared invalid under the applied land law, with a final report yet to be released.

One of the companies involved, the Sociedade de Investimento Imobiliário Fu Keng Van, SA, has filed a petition with TA for information on the ongoing investigation and a possible deadline for its conclusion.

The company indicated that as a concessionaire of one of the plots concerned, it has a legitimate interest in knowing the current situation of the said works and the conclusions drawn by the CCAC, the information in question being of interest to better assess the means. legal provisions for the exercise of the right to compensation, especially in civil liability proceedings.

The company also indicated that it made a request for information to the CCAC, but never received a response or communication.

In its decision, the AT noted that since the CCAC is not part of the organization of public administration, but of a political body with its direct provision in the Macao Basic Law, which operates independently and reports to the chief executive, so he was not covered by such a request for information.

The Sociedade de Investimento Imobiliário Fu Keng Van, SA is one of the companies linked to the ‘Fecho da Praia Grande’ development project in Nam Vam Lake and which has had its land concession declared invalid by the Macao SAR executive .


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Obstruction of a competition law investigation: don’t leave the ACT on hold – Antitrust / competition law https://prosecutebushcheney.org/obstruction-of-a-competition-law-investigation-dont-leave-the-act-on-hold-antitrust-competition-law/ https://prosecutebushcheney.org/obstruction-of-a-competition-law-investigation-dont-leave-the-act-on-hold-antitrust-competition-law/#respond Mon, 06 Jan 2020 08:00:00 +0000 https://prosecutebushcheney.org/obstruction-of-a-competition-law-investigation-dont-leave-the-act-on-hold-antitrust-competition-law/ To print this article, simply register or connect to Mondaq.com. This is a rare, albeit increasingly frequent, occasion where competition law becomes a hot topic in the Turkish mainstream press. The last few weeks of 2019 have been one of those rare occasions. On November 7, 2019, the Turkish Competition Council imposed a daily fine […]]]>

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This is a rare, albeit increasingly frequent, occasion where competition law becomes a hot topic in the Turkish mainstream press. The last few weeks of 2019 have been one of those rare occasions. On November 7, 2019, the Turkish Competition Council imposed a daily fine of 0.5% on Google’s Turkish turnover for failing to comply with the obligations set out in the Turkish Android case which was decided on the 19th September 2018 and later there was news of Google discontinuing. licenses for new models of Android phones sold in Turkey1. Finally, on December 16, 2019, the Competition Authority published a press release which states in brief that Google must comply with the decision and take the necessary measures as it has done in the EU and in Russia.

As the clash between the Turkish Competition Authority and Google intensifies, we couldn’t let two interesting Board decisions slip into the abyss. The Council fined Unilever Sanayi ve Ticaret Türk Anonim Şirketi (“Unilever Turkey“) for obstructing the on-site inspection and fining the Turkish Pharmacists Association (“APT“) for obstructing the on-site inspection and also imposed a daily monetary fine for not providing the necessary documents. Here is what happened:

What happened at Unilever?

The Competition Council opened a preliminary investigation against Unilever Turkey on December 17, 2018. As part of the preliminary investigation, agents of the Competition Council carried out an inspection at Unilever’s premises on June 18, 2019. During the on-site inspection, they concluded that Unilever acted in a way that hinders and / or complicates the preliminary investigation. As a result, the Council imposed a monetary administrative fine of 0.5% on Unilever’s Turkish turnover2.

The decision stated that the case managers entered the Unilever building at 10:10 a.m. and initiated the inspection. During the procedure, they requested to examine electronic correspondence belonging to Unilever employees, which is a perfectly normal procedure. Unilever employees said this review should be done through an e-Discovery program and global clearance is required. The corresponding clearance was given at 5:45 p.m. and the email records of Unilever employees could not be reviewed until almost seven and a half hours later.

Based on the report of the case managers, the Turkish Competition Council concluded that since this constitutes an obstacle to inspection in accordance with Article 16/1 (d) of Law No. 4054 on Protection of Privacy competition (the “Law No. 4054“), an administrative monetary fine will be imposed on Unilever. The amount of the fine, which corresponds to 0.5% of turnover in Turkey, is automatic and the Council has no discretion in determining the amount. The amount of 0.5% may be disproportionate, especially if, in the end, the Council finds that there has been no restriction of competition as a result of its investigation, which is true in many cases. .

What happened at TPA?

The preliminary investigation was opened on October 17, 2018 against TPA and the Istanbul Chamber of Pharmacists to determine whether these business associations violated Law No. 4054.

Case managers entered the TPA building on June 18, 2019 at 10:00 a.m. to conduct an on-site inspection. It emerges from the decision that the TPA officials consulted their lawyers and that the TPA lawyer indicated that the on-site inspection can only begin with the presence of the TPA General Secretary and that the General Secretary arrived at 10:50 a.m. and the inspection could not begin until 11:20 a.m. In its decision, the Turkish Competition Council concluded that an hour and 20 minute delay in the on-site inspection constituted an obstacle to the inspection and the explanations provided by TPA do not justify the delay. Consequently, the Council imposed an administrative monetary fine of 0.5% of the APT’s annual turnover.

In addition, during the on-site inspection, the case managers took copies of the minutes of the advisory committee meetings which came in the form of transcripts of the voices recorded at those meetings and a draft contract. . TPA did not allow case managers to take copies of the participant lists, arguing that the meeting minutes are verbatim and private transcripts that include the personal opinions of participants on several different topics. TPA also argued that the draft contract included commercially sensitive information from a third party. The Commission said that failure to provide the relevant information and documents was also an obstacle to the on-site inspection and imposed a daily administrative fine of 0.05% of TPA’s turnover, effective the day after the on-site inspection (19.06.2019). until the date TPA submits the relevant information and document to the Turkish Competition Authority.

Investigative powers of the TCA

Article 15 of Law No. 4054 grants the Turkish Competition Authority a wide range of supervisory powers. The Authority is entitled to request copies of the information, documents, books and other acts requested without delay. In addition, the Authority is empowered to ask companies for a written or oral statement on specific issues and to conduct an on-site review of any business assets.

As we see in the Unilever and TPA cases, it is important not only to provide access to documents during an on-site inspection, but also to provide them in a timely manner. The Council does not hesitate to initiate the procedure which will result in a fine. For example, even a 40 minute delay turned out to obstruct the inspection and, if necessary,3 brought before the Council of State, it was concluded that a period of 40 minutes might seem short but that it is sufficient to remove such materials subject to investigation from the building in which the examination is carried out. Likewise, in the recent MOSAS Case4, the Commission imposed a fine for delaying the inspection by 2 hours by cutting off Internet access and power and deleting certain files from the computers. The MOSAS case was also interesting as case managers also inspected an employee’s Whatsapp communications with other employees by accessing them through a desktop app, which is a rare opportunity. Whatsapp communications included messages such as “cut internet“,”disconnect the modem“,”delete emails. “

As was the case for TPA and also in the Turkish case of Google Android, Article 17 of Law No.4054 empowers the Council to impose a daily fine of 0.05% of the turnover of the previous year. in cases where companies;

– Fail to comply with a Council injunction decision or with commitments made,

– interfere with or complicate the on-site check,

– Do not submit the information or documents requested by the Authority.

Daily fines are quite rare in the more than 20-year history of the Turkish Competition Authority. But as the very recent Turkish Google Android and TPA decisions show, the Council will not hesitate to use this weapon against non-compliant companies.

So there is a simple rule: “Provide the requested information and do it ASAP!

Footnotes

1 Decision of the Competition Council dated November 7, 2019 and numbered 19-38 / 577-245

2 Decision of the Competition Council dated November 7, 2019 and numbered 19-38 / 584-250

3 Decision of the Council of State for the 13e Circuit decision dated March 22, 2016 with file number 2011/2660 E. and decision number 2016/775 K.

4 Decision of the Competition Council dated June 21, 2018 and numbered 18-20 / 356-176.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.


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Amid mental health law, survey reveals patients face unfair treatment https://prosecutebushcheney.org/amid-mental-health-law-survey-reveals-patients-face-unfair-treatment/ https://prosecutebushcheney.org/amid-mental-health-law-survey-reveals-patients-face-unfair-treatment/#respond Thu, 01 Nov 2018 07:00:00 +0000 https://prosecutebushcheney.org/amid-mental-health-law-survey-reveals-patients-face-unfair-treatment/ DIXVILLE, Montserrado – Wednesday October 10 marked World Mental Health Day, a day designed to draw attention to the importance of mental health. In Liberia, programs were organized at the Ministry of Health and at the ES Grant Mental Health Hospital in Paynesville, under the theme: “Youth and Youth in a Changing World”. One of […]]]>

DIXVILLE, Montserrado – Wednesday October 10 marked World Mental Health Day, a day designed to draw attention to the importance of mental health.

In Liberia, programs were organized at the Ministry of Health and at the ES Grant Mental Health Hospital in Paynesville, under the theme: “Youth and Youth in a Changing World”.

One of the speakers who spoke at the program at the Ministry of Health, Jutomue Doetein, named depression as the most common mental health problem among young people.

Doetein heads the Forum of Children’s Representatives of Liberia, formerly the Children’s Parliament. He stressed the need for more awareness raising to promote adolescent and young adult mental health.

He also stressed the need to expand mental health services for young people and urged the government to enforce the implementation of existing mental health laws.

In 2017, a mental health law was passed and enacted to protect people with mental illnesses. The Carter Center, which is currently on the front lines in the fight to increase coverage of mental health treatment, welcomed the enactment of the law, hoping it would reduce the amount of inhumane treatment against people living with mental illness.

However, a Bush Chicken investigation found that many people with mental health problems face a challenge of serious mistreatment from society.

Investigation shows that the Living Word of Jesus Christ international church in Dixville, outside Monrovia, where several young people with mental illness are taken for healing, keep patients in inhumane conditions, including shackling them for the duration of their stay. healing. Patients are further forced to go 12 hours a day without food or water, while being forced to inhale frankincense twice a day to help stabilize their brains.

He also revealed that the room in which patients are kept overnight does not meet standards to prevent patients from being bitten by insects, including mosquitoes, and that there are no facilities either. appropriate bedding and bedding to accommodate patients. Patients spend their nights on benches and outdoors in unhealthy patterns for them.

A patient of the International Church Living Word of Jesus Christ; photo by Zeze Ballah

Patients are also transferred to the church women’s vocational training center during the normal Sunday worship service.

A patient who was on the verge of recovery told Bush Chicken that he had burned his nose several times while inhaling incense. One of them was also unable to walk because his legs were swollen from the weight of the chain traced on his legs to restrict his movement.

The general overseer of the Church, Reverend Amos Sackie validated the findings of The Bush Chicken’s investigation. He said patients are shackled to prevent them from escaping to the streets at night, as the church grounds are unfenced.
“If there was a fence around the church, there would be no need to chain my patients”,? he explained. He said the church receives at least two patients a week and admitted 15 patients in September alone. Patients are admitted for a maximum of two months.

Without any psychotropic medication, the spiritual healer stated that he provided the patients with anointing oil and concentrated water mixed with frankincense to drink, while he continually prayed for their healing. He said that curing the mentally ill is his passion.

“I get confused every time I see mentally ill people on the streets, especially those car chargers”,? he said.

Reverend Amos Sackie, General Overseer of the Living Word of Jesus Christ International Church; photo by Zeze Ballah

He said that even if he wants to help, the lack of support from government and philanthropic organizations cannot allow him to admit more patients. He said he runs the healing program with little support from the families of the patients.

The Carter Center’s National Mental Health Program Representative Dr Janice Cooper frowned at the treatment given to mentally ill patients at church, describing it as unethical.

Angie Tarr Nyakoon, head of the mental health unit, also condemned this inappropriate treatment of patients by the church’s healing program. She said her department has worked with churches providing care and care for people with mental illness, to provide counseling to avoid such abuse.

The Carter Center’s mental health program training director Alexander Blackie said half of all mental illnesses in young people start at age 14, according to the World Health Organization, most of the time are not neither detected nor treated.

According to Blackie, a WHO report finds that 20 percent of adolescents can have mental health problems at any point in their life, while 50 percent of mental problems are established by age 14 and 75 percent at 24 years old.

He said most young people are affected by mental illness due to the harmful use of alcohol and illicit drugs. He also described Liberia as a breeding ground for mental illness among young people due to years of civil war.

Meanwhile, the president of the 54th national legislature, Bhofal Chambers, has warned patients of the ES Grant Medical Health Clinic against the use of harmful substances because they have a role to play in society. Chambers assured the government would support them in wealthy ventures that would benefit society.

Featured photo by Zeze Ballah


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Florence dog attack leads to first “Emily’s Law” investigation https://prosecutebushcheney.org/florence-dog-attack-leads-to-first-emilys-law-investigation/ https://prosecutebushcheney.org/florence-dog-attack-leads-to-first-emilys-law-investigation/#respond Wed, 20 Jun 2018 07:00:00 +0000 https://prosecutebushcheney.org/florence-dog-attack-leads-to-first-emilys-law-investigation/ Posted: June 20, 2018 / 6:39 PM CDT / Updated: June 20, 2018 / 6:39 PM CDT This is an archived article and the information in the article may be out of date. Please look at the history’s timestamp to see when it was last updated. FLORENCE, Alabama – A tragic 2017 dog attack in […]]]>

Posted:
Updated:

This is an archived article and the information in the article may be out of date. Please look at the history’s timestamp to see when it was last updated.

FLORENCE, Alabama – A tragic 2017 dog attack in Jackson County changed the way Alabama’s court system punishes vicious pet owners. “Emily’s Law” was passed by the state legislature in the last session and came into effect on June 1.st. The first investigation under this new law is currently taking place in Florence.

Late last week, police said Rose Holt was in her yard when two pit bulls attacked her. Investigators say they escaped from their enclosure just two houses away.

Captain Brad Holmes

“This is something that we law enforcement have dealt with for a number of years, and our response before ‘Emily’s Law’ is that as a rule, a dog bite or a vicious attack is a civil matter, ”said Captain Brad Holmes of the Florence Police Department.

According to Captain Holmes, they are leading the first “dangerous dog investigation” in the state.

“Emily’s Law now sets a clear path for us to prosecute; so that we can determine whether an animal is dangerous or not before an attack occurs.

Holmes says if a citizen does not feel safe after contact with an animal, Emily’s Law allows police to investigate even before an attack occurs. They then present their findings to a judge.

“The court has one of two options,” Holmes said. “The court can decide that the animal is not dangerous and return it to its owner, or and that is before an attack, a court can determine that the animal is dangerous and if the court decides that, then there is has a number of things the owner must do.

These guidelines are expressly set out in the law:

  • The dog must be spayed or neutered.
  • The dog must be microchipped.
  • The dog should be kept in a locked enclosure that not only has four sides, but a concrete top and bottom (or a fence that extends at least 2 feet into the ground).
  • The owner must pay an annual dangerous dog registration fee of $ 100.
  • The owner must obtain a $ 100,000 bond that covers dog bites, injuries or death caused by the dog.

Captain Holmes went on to say, “If during or before the matter goes to court the owner signs a discharge to Animal Services, the matter stops and the animals are humanely euthanized. This set of events does not prevent the victim (s) from seeking civil action against the owner of the dog.

Under the new law, criminal charges only apply after a judge has deemed the animal a danger and attacks, or the owner is aware of the animal’s tendencies and has not taken the necessary precautions to keep it confined. Both incidents can lead to felony charges.

Rose Holt is still recovering in hospital after numerous bites.

Holmes added: “This specific case involves two dogs, one of the animals is in the care of the Florence / Lauderdale Animal Shelter. The second animal that was shot in the attack by a passerby has been transported out of our county for treatment and efforts will be made to transfer this animal to our care once the treatment is complete.

No date has yet been set for a hearing with the dog’s owners.

34.794726-87.671907


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