text:
Should Miley Cyrus Dye Her Hair Dark Again? Vote!
Jen Lowery/Startraks, Jason Merritt/Getty
Miley Cyrus might be recognizable these days for her light brown locks, but last year around this time, the star was rocking nearly-raven locks in response to her breakup with Nick Jonas. And it looks like there might be a hair color change in the works again. After assuring her fans this weekend that her desire to change her hair color "doesn't have aything to do with my relationship status, I just wanna dye my hurr!," Miley is taking to Twitter again today to dish about her hair woes, saying, "my hair is having some seriouuusss issues! idk [I don't know] what to do! grr! I think I'm gonna go back dark." After giving the color change a half an hour's thought she returns with, "I don't wanna dye it black just like a dark brown. My natural." We like Miley's hair both ways, but we want to know what you think. Vote now!


text:
Hey guy's I'm new to the whole forum experience have been a huge fan of games my whole life (SNES born and breed) and i just thought i should really get into a forum community and i'm surprised it's taken me this long :P
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so what's up? and what threads should i check out?

subset: commoncrawl


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text:
What's the difference between gi and no-gi Brazilian Jiujitsu?
In Brazilian jiu-jitsu with a gi you wear the funny Asian pajamas. In no-gi Brazilian jiu-jitsu you wear shorts and usually a t-shirt or rash-guard top. You can grab onto the funny pajamas but you can't grab onto any clothes in no-gi.
The gi absorbs sweat, adds friction, and provides a wide variety of grips to choke, throw, and control from. Often the rules in no-gi are more permissive, particularly with regards to leg locks. Brazilian jiu-jitsu with the gi has more carry-over from judo. Without the gi there is more carry-over from modern and Catch wrestling. Wearing the gi is more traditional. Playing without the gi has more applicability to mixed martial arts.
Both are applicable to self-defense. Both are valid jiu-jitsu.


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Frank Areno
February 24, 2013
ARENO, Frank R., 73, of Empire, Ohio, passed away Saturday, February 23, 2013, at his home. He was born October 9, 1939, in Steubenville, Ohio, a son of the late Louis and Mary (Griffo) Areno....
Dorothy & Family, So very sorry to hear about Frank Please know that you are in our thoughts and prayers, and that God will help you through this difficult time. Val & Joe Truini
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BAP CO-12-008 In Re Ennis - Document Text
- Details
- Category: Judge Karlin
- Published: 30 August 2012
- Written by Judge Karlin
- Hits: 4015
U.S. Bankruptcy Appellate Panel
of the Tenth Circuit
August 29, 2012
Blaine F. Bates
IN RE LOREN EUGENE ENNIS and
DONALD PACINI and CARITA
Plaintiffs – Appellants,
LOREN EUGENE ENNIS and
Defendants – Appellees.
BAP No. CO-12-008
Bankr. No. 10-17075
Adv. No. 10-01458
Chapter 7
Appeal from the United States Bankruptcy Courtfor the District of Colorado
Before NUGENT, KARLIN, and HALL , Bankruptcy Judges.
KARLIN, Bankruptcy Judge.
Plaintiffs Donald and Carita Pacini filed an adversary complaint, seeking a
determination that their state court judgment against debtors was non-
dischargeable. In that complaint, the Pacinis alleged that a loan they made to
debtors' company had been obtained by fraud committed by both debtors while
* This unpublished opinion may be cited for its persuasive value, but is not
precedential, except under the doctrines of law of the case, claim preclusion, andissue preclusion. 10th Cir. BAP L.R. 8018-6.
* Honorable Sarah A. Hall, United States Bankruptcy Judge, United States
Bankruptcy Court for the Western District of Oklahoma, sitting by designation.
they acted in a fiduciary capacity. After they completed the presentation of their
evidence at trial, the bankruptcy court issued a judgment as a matter of law,
holding that the Pacinis had failed to prove their claims. We affirm.
I. Background
Debtor Loren Ennis ("Ennis") had been a real estate developer for
approximately ten years, and had successfully completed a number of projects
within Mesa County, Colorado during that time. 2 In 2006, Ennis was involved
with the development of several projects, including one called "Jade Falls." Jade
Falls was an ambitious undertaking, involving the planned development of a 26acre
property into a 13-acre park, a 1.5-acre lake with waterfalls, and six luxury
homes. 3 It was also the first project Ennis had personally undertaken, although he
had successfully completed approximately 10 other development projects in
partnership with others.
Ennis managed each of his property developments through separate limited
liability companies. 4 He thus owned, or partially owned, a number of LLCs,
which were used to develop different projects. In the case of Jade Falls, that
entity was Ennis Consulting and Investments, LLC ("Ennis LLC"); it was solely
owned by Ennis and his wife, debtor Laurel Ennis. 5 These LLCs frequently
husband's projects. Id. at 136; 141; 250-51. Her only significant role in
2 Appellants' Appendix ("Appx.") at 133, 137.
3 Id. at 145.
4 Id. at 136.
5 Laurel Ennis ("Laurel") is not a developer, and did not participate in her
connection with Jade Falls was that she was a guarantor on the financing. Id. at
247-49. In addition, she helped name the project. Id. at 255. Laurel did not
participate in any of the Jade Falls loan negotiations, including the one with thePacinis. Id. at 151. This fact was verified by Carita Pacini, who testified that sherelied solely on Loren Ennis's representations and never spoke to Laurel prior tomaking the loan. Id. at 266-67. It was also admitted at oral argument, whencounsel for the Pacinis forthrightly admitted that their case against her was only"tangential."
overlapped on projects, and Ennis was not particularly careful about always using
the appropriate LLC account to pay project expenses. For example, Ennis carried
his contractor's license through Lear Construction, another of his LLCs, and used
Lear as "the construction arm" of his developments. 6 As such, the lines between
Lear and Ennis LLC expenses were not always clear.7
At trial, Ennis described the process of obtaining approval of a planned
development such as Jade Falls. 8 It typically begins with obtaining control of the
land. After the real property is purchased, an outline of the development plan
must be submitted to the governing authorities in order to receive preliminary
approval. This includes drawings of the project and verification that it will meet
all development code requirements. The county's preliminary approval of the
Jade Falls project was first given in April 2006 and finalized in June 2006.9
Once preliminary approval is obtained, the process for obtaining final
approval begins. The final approval process requires satisfying all controlling
entities, such as county engineers, fire department, etc., that the construction will
meet all codes. Once that is successfully completed, verbal final approval is
given, after which a detailed project plat must be filed. Filing the final plat
requires the developer's guarantee that it will have sufficient funds to complete
the development. This requires posting a cash bond or a letter of credit from an
approved bank.
As with most of the other projects Ennis had developed, Capital Funding
6 Id. at 169.
7 Ennis testified that in the years before this bankruptcy, he quite often paid
Jade Falls expenses through Lear (id. at 178-79), and that he sometimes paidbusiness credit lines out of his personal account (id. at 171-74).
8 See id. at 133-35.
9 Id. at 149.
Advisors, LLC ("Capital") provided the primary lending for Jade Falls. 10 Ennis
LLC purchased the Jade Falls property in June 2005, using $500,000 of a
$650,000 loan from Capital ("Capital Loan"). The Capital Loan was intended to
initiate the project to allow purchase of the property and to provide funding
through county preliminary approval. 11 Capital was secured by a first deed of
trust on the Jade Falls property, a promissory note from Loren and Laurel Ennis
individually, and a lien on the Ennises' home. 12 Loan proceeds in excess of the
property purchase price were used for initial development costs and interest
payments on the Capital Loan.
In mid-2006, Ennis LLC requested additional funding from Capital to
complete development of Jade Falls. The requested funds would bring the total
principal owed by Ennis LLC to Capital to $1.43 million. Capital agreed to
increase its funding if, among other things, Ennis LLC infused cash into the
project equivalent to 10% of the total debt, or $143,000.13
Plaintiffs Don and Carita Pacini knew the Ennises socially. In 2006, the
couples discussed the local real estate market over dinner. 14 In the course of their
conversation, the Pacinis indicated that they were interested in investing
approximately $100,000 in real estate because the Grand Junction market was
doing so well. 15 Soon thereafter, Ennis phoned Don Pacini about possibly
10 James Simon, Capital's President, testified that Capital's professional
relationship with Ennis was good, and that all previous development loans theyhad financed for Ennis had been successfully paid. Id. at 432.
11 Id. at 138.
12 Id. at 146-48.
13 Capital issued a conditional loan proposal to increase Jade Falls' funding
on August 31, 2006. Id. at 304-06.
14 Id. at 107, 152.
15 Id. at 217.
investing in the Jade Falls project. From his discussions with Ennis, Don Pacini
understood that Capital was requiring a $143,000 investment in order for it to
increase its funding of the Jade Falls project.
The Pacinis agreed to invest $143,000 in Jade Falls. They understood that
their money would be used to obtain additional funding from Capital and, once
that funding was obtained, to develop the project. 16 The Ennises, individually and
as "member/managers" of Ennis LLC, executed a promissory note in favor of the
Pacinis for the $143,000. 17 The note, which provided for both a 10% interest rate
and 20% of the net profits from the Jade Falls project, was secured by a deed of
trust on the Jade Falls property. 18 Prior to making the loan, the Pacinis were
shown the Jade Falls development plans, but they opted to conduct no
independent investigation of the project.19
Because Capital already had the first deed of trust on the Jade Falls
property, all parties intended and expected that the Pacinis' deed of trust would
take second position. Ennis had previously used Meridian for loan documentation
on other projects, and he suggested that Meridian prepare the paperwork for the
Pacini loan, as well. 20 Both Ennis and Don Pacini expected that Meridian would
record the deed of trust on behalf of the Pacinis. But Meridian did not record the
Pacinis' deed and, as a result, it was not recorded until approximately eight
months later, on May 15, 2007.21
16 Id. at 220-21.
17 Id. at 19. The note was payable on September 5, 2007, but also contained
an "automatic" one year extension of the maturity date to September 5, 2008.
Id. at 73-76.
Id. at 218-20; 262-65.
Id. at 152.
Id. at 73.
In January, 2007, Ennis LLC obtained a short-term, high interest loan for
Jade Falls from Sam Baldwin, which was also secured by a deed of trust on the
Jade Falls property. 22 From his review of final loan documentation provided by
Baldwin, Ennis discovered that the Pacinis' deed of trust had not been recorded.23
Ennis immediately contacted Don Pacini to inquire why his deed was not of
record. 24 As a result of Ennis's call, the Pacinis had their deed recorded
approximately two months later,25 but it was at that point inferior to Baldwin's.26
The Baldwin loan was subsequently fully paid and that deed of trust released, at
which point the Pacinis' deed moved into the second position as originally
The Jade Falls project was significantly delayed by numerous engineering
problems. Initially, in June 2005, Ennis hired High Country Engineering ("High
Country") to provide engineering work on the project. It was the first time Ennis
22 Ennis described Baldwin as a "hard money lender," who charged 28%
interest on his loan, partly because of Ennis's need for quick money. Id. at 160.
The Baldwin loan was also short-term, having a maturity date of only six months.
Id. at 159. The high interest rate motivated Ennis to pay this loan as quickly as
he could. Id. at 160.
Starr. But that loan, which was apparently resolved by transfer of Garnet Glen,
23 Id. at 159.
24 Id. at 210, 213.
25 Id. at 216-17.
26 Id. at 241-42. Ennis LLC also subsequently borrowed $300,000 from John
LLC to John Starr in August of 2009 (id. at 407), is not at issue in this appeal.
Id. at 161. One of the Pacinis' original claims was that they were deceived
into believing that their deed of trust would receive second priority when it did
not. This factual claim was resolved by the bankruptcy court in favor of theEnnises, based on both the trial judge's positive assessment of Loren Ennis'scredibility and the lack of any harm to the Pacinis, who were only temporarily inthird position. Id. at 288-90. The Pacinis did not argue the trust deed recordingissue on appeal, and it has therefore been waived. See Gen. Elec. Capital Corp.
v. Manager of Revenue (In re W. Pac. Airlines, Inc.), 273 F.3d 1288, 1293 (10thCir. 2001) (issue not raised in appellant's opening brief is waived).
had used High Country, an "out-of-town" firm, and it did not go well.28
According to Ennis, High Country was inefficient and ineffective, and "had no
idea what they were dealing with," particularly with respect to the project's many
water issues. 29 Eventually, Ennis hired a local company, Maverick Engineering
("Maverick"), to replace High Country on Jade Falls. Maverick was owned by
the son of the county's planning department head. However, according to Ennis,
Maverick's owner "had a nervous breakdown and disappeared" in 2007,
ultimately ending up in the hospital. 30 Ennis was then forced to switch to a third
company –Vista Engineering, also a local firm, and it finally completed the
engineering needed for approval of the project.
Because these engineering issues significantly delayed final approval of the
project by the county, Ennis was still negotiating with Capital for additional
funding in September 2007. 31 Ennis was unable to obtain final county approval
until April 2008, and could not record the project plat, or further develop the
property, without a letter of credit from Capital. 32 Ennis testified he expected that
additional funding from Capital would be obtained by year-end when he
negotiated the Pacinis' loan, and that the engineering delays were the "sole cause"
of his inability to obtain that funding.33
28 Id. at 162.
29 Id.
30 Id. at 163.
31 Capital's President testified that he was aware of "numerous challenges to
the [Jade Falls] project," and that Ennis "was always very good about keeping usinformed of the challenges he was having, the time delays he was having, theadditional costs that were involved." Id. at 445.
32 Id. at 156-57.
33 Id. at 164.
As of June 2006, Ennis LLC had used up all of the Capital Loan funds.34
As a result, interest on the loan was not paid in July or August of that year.
Nonetheless, Capital did not declare the loan to be in default. 35 In an effort to
relieve some financial pressure, Ennis requested a buy-out from his partners in
another real estate venture, which he expected to occur by the end of 2006, but
did not. Ennis was also counting on proceeds from a property sale that was
expected to close in September, but that sale closing was also delayed. Further
complicating matters, in or around September 2006, Lyle Arent (who was Ennis's
partner in another LLC –LALE Developments) retired. Believing that he could
use proceeds from the property sale he expected to imminently close, Ennis
agreed to loan money to Arent that would allow Arent to postpone using
retirement funds until the next tax year.36
Ennis testified that, although it is a common industry practice for
developers to take a salary, he typically did not do so. 37 Instead, he counted on
profits from sales of his development projects to cover his personal expenses, and
purposefully "staged" projects so that he would periodically receive proceeds.38
However, in late 2006, delay of his anticipated funding sources resulted in Ennis
at least temporarily relying on proceeds from the Pacinis' loan to cover those
personal expenses.
Unfortunately for all parties involved, the Jade Falls project ultimately
34 Id. at 106.
35 Id.
36 Id. at 120. This loan to Arent was ultimately repaid. Id. at 177.
37 Id. at 137.
38 Id.
failed, and Capital foreclosed its lien on the Jade Falls property in 2008. 39 In
December 2008, the Pacinis filed suit against the Ennises in Colorado state court,
based on their personal guarantee, and obtained a judgment against them.40
Thereafter the Ennises filed for Chapter 7 bankruptcy relief, and the Pacinis
timely filed an adversary proceeding against them. In the complaint, the Pacinis
sought a general denial of discharge under 11 U.S.C. § 727(a)(4),41 and nondischargeability
of the debt under § 523(a)(2) and (4). In May 2011, the
bankruptcy court entered summary judgment for the Ennises on the Pacinis'
§ 523(a)(4) fiduciary fraud claim. A trial was then held on the other two causes
of action, false oath under § 727(a)(4) and obtaining money by fraud under
§ 523(a)(4). After completion of the Pacinis' evidence, the bankruptcy court
granted judgment as a matter of law for the Ennises. The Pacinis moved for a
new trial, arguing only that the evidence satisfied their burden of proof on their
fraud claim. That motion was denied, and the Pacinis appealed.
II. Appellate Jurisdiction
The bankruptcy court's November 29, 2011, judgment fully resolved the
Pacinis' complaint, but it did not resolve the counterclaim the Ennises had filed
against the Pacinis alleging violation of the automatic stay. This Court issued an
order to show cause why the appeal should not be dismissed as having been taken
from a non-final order. Shortly thereafter, the parties stipulated to dismissal, with
prejudice, of that counterclaim. In addition, on July 17, 2012, the bankruptcy
court entered an order, nunc pro tunc to November 19, 2011, dismissing the
39 Id. at 148; 212; 442.
40 Id. at 188. The Pacinis did not allege fraud in the state court action.
41 Unless otherwise noted, all further statutory references in this decision will
be to the Bankruptcy Code, which is Title 11 of the United States Code.
counterclaim with prejudice. The jurisdictional issue has thus been resolved.42
On December 12, 2011, the Pacinis timely filed a motion for new trial
pursuant to Rule 59 of the Federal Rules of Civil Procedure. 43 That motion was
denied by the bankruptcy court in a judgment entered on January 24, 2012, and
the Pacinis thereafter timely filed their notice of appeal from the partial summary
judgment, the judgment as a matter of law, and the denial of their Rule 59 motion.
No party has elected to have the appeal heard by the Colorado district court, and
therefore this Court has jurisdiction.44
Issues and Standard of Review
The Pacinis have argued only two issues on appeal:45
Whether summary judgment was appropriately granted as tothe existence of a fiduciary duty. This is a legal issue that is
reviewed de novo.
Whether the bankruptcy court erred in finding that the Pacinishad failed to prove fraud. This issue requires review of thecourt's factual findings, which are reviewed for clear error.
As a preliminary matter, we note that the Pacinis' allegations in support of
the non-dischargeability of their claims relate to Laurel Ennis in only the most
tangential way. The Pacinis essentially made no direct allegations of misconduct
against Laurel Ennis, and their brief cites to no evidence in the record of
statements or conduct by her upon which they relied. Instead, the Pacinis' claims
42 See Wadsworth v. Word of Life Christian Ctr. (In re McGough), 467 B.R.
220, 223 (10th Cir. BAP 2012) (parties' stipulation, followed by bankruptcy courtorder, to dismiss unlitigated claims cured jurisdictional issue).
43 Made applicable to bankruptcy proceedings by Federal Rule of Bankruptcy
Procedure 9023.
28 U.S.C. § 158(b)-(c); Fed. R. Bankr. P. 8001.
45 Because the Pacinis did not assert on appeal any error with respect to their
§ 727 false oath claim, they have waived that claim. See, e.g., Gen. Elec. CapitalCorp. v. Manager of Revenue (In re W. Pac. Airlines, Inc.), 273 F.3d 1288, 1293(10th Cir. 2001) (issue not raised in appellant's opening brief is waived).
against Laurel Ennis are solely based on the alleged conduct of her husband. This
is simply insufficient to establish any non-dischargeability claims against
Laurel. 46 We therefore affirm the bankruptcy court's denial of the Pacinis' claims
in Laurel's favor.
A. Summary Judgment on Fiduciary Status (§ 523(a)(4))
"We review the grant of a summary judgment motion de novo,
applying the same standards as the district court. Summary judgmentis appropriate when there is no genuine issue as to any material factand ... the movant is entitled to judgment as a matter of law. We
view all evidence and draw reasonable inferences therefrom in the
light most favorable to the nonmoving party. We may affirm the[bankruptcy] court's decision for any reason supported by therecord."47
The bankruptcy court granted the Ennises' motion for summary judgment
on the Pacinis' § 523(a)(4) claim. Section 523(a)(4) provides, in pertinent part,
that a Chapter 7 discharge does not discharge a debt "for fraud or defalcation
while acting in a fiduciary capacity[.]" 48 "The existence of a fiduciary
relationship under § 523(a)(4) is determined under federal law," but state law is
also relevant to the inquiry. 49 A party relying on § 523(a)(4) is required to show,
by a preponderance of the evidence, that there is both a fiduciary relationship
between the parties and a defalcation by the debtor in the course of that
46 See, e.g., Hartwig v. Markley (In re Markley), 446 B.R. 484, 488 (Bankr.
D. Kan. 2011) (fraud by one spouse is not automatically imputed to the otherspouse for non-dischargeability purposes). We also note that, during oralargument of this appeal, upon direct questioning by the panel, the Pacinis'counsel admitted that they were not pursuing a claim against Laurel for fiduciarydefalcation, and were only "very tangentially" pursuing a claim against her forfraud. Counsel was unable to point to any evidence in the record during oralargument to support this claim against Laurel, and we have been unable to find
47 Mosier v. Callister, Nebeker & McCullough, 546 F.3d 1271, 1275 (10th
Cir. 2008) (citations and internal quotation marks omitted).
48 The Pacinis did not allege either embezzlement or larceny, the other
§ 523(a)(4) grounds for non-dischargeability.
49 Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1371 (10th Cir. 1996).
relationship. 50 Well-established jurisprudence in the Tenth Circuit construes a
§ 523(a)(4) fiduciary relationship narrowly; that relationship "exists only where a
debtor has been entrusted with money pursuant to an express or technical trust."51
The Pacinis do not claim a technical trust, which is imposed by statute,
exists. Instead, they rely solely on their assertion of an express trust. An express
trust is one that is "intentionally entered into by the parties," and "may involve a
formal declaration of trust or a situation where the intention of the parties to form
a trust relationship may be inferred by the surrounding facts and circumstances."52
Significantly, neither a general duty of confidence and trust, nor an unequal
balance of power in the relationship, is sufficient. 53 And under Colorado law,
creation of an express trust requires unequivocal and unambiguous language or
conduct. 54 Finally, this Court has previously noted that relationships defined as
"fiduciary" in non-bankruptcy contexts frequently do not satisfy the fiduciary
capacity requirement of § 523(a)(4).55
The Pacinis assert that the nature of their relationship with the Ennises was
fiduciary, as opposed to merely commercial, relying almost entirely on a
50 Antlers Roof-Truss & Builders Supply v. Storie (In re Storie), 216 B.R. 283,
286 (10th Cir. BAP 1997). Determination of the existence of a fiduciary duty is"a legal, rather than a factual, finding." In re Young, 91 F.3d at 1373.
51 Sawagerd v. Sawaged (In re Sawaged), CO-10-058, 2011 WL 880464, at *3
(10th Cir. BAP Mar. 15, 2011) (internal quotation marks omitted).
473 (10th Cir. BAP 1997) (many non-bankruptcy fiduciary relationships do not
52 Id. (internal quotation marks omitted).
53 In re Young, 91 F.3d at 1371-72.
54 Morgan v. Wright, 399 P.2d 788, 790-91 (Colo. 1965).
55 Employers Workers' Comp. Ass'n v. Kelley (In re Kelley), 215 B.R. 468,
satisfy In re Young's narrow view of § 523(a)(4)). See also In re Evans, 161 B.R.
474, 477 (9th Cir. BAP 1993) (broad general definition of fiduciary relationshipinapplicable to dischargeability determinations).
California case, In re Nassbridges. 56 In Nassbridges, a bankruptcy court
determined that the relationship between investors and an investment broker was
fiduciary for purposes of § 523(a)(4), despite a contractual provision to the
contrary, and also without evidence of a clear intent to create such a relationship.
The factual basis behind this determination was that, although the debtor broker
specifically represented to plaintiffs that their investments would be used to
purchase gold, they were instead used to purchase highly leveraged gold futures.
Both plaintiffs and their primary contact at debtor's investment firm believed that
only gold bullion had been purchased with their account, based partly on company
statements that described their holdings as "gold bar .999."
Although the Pacinis do not, and cannot, deny that the fund transfer they
made to Ennis LLC was a "loan," they attempt to characterize that transfer as
more of an "investment," analogizing their situation to the one in Nassbridges.57
But Nassbridges is neither factually nor legally relevant to the Pacinis'
§ 523(a)(4) claim. First, Nassbridges, a California bankruptcy decision, holds no
precedential value in this Circuit, but more importantly, it is simply inconsistent
with the specific requirements for proving the existence of a § 523(a)(4) fiduciary
relationship that were articulated by the Tenth Circuit Court of Appeals well over
56 Dimichele v. Nassbridges (In re Nassbridges), 434 B.R. 573 (Bankr. C.D.
Ca. 2010), aff'd, 464 B.R. 494, 2011 WL 3244396 (9th Cir. BAP July 15, 2011).
57 The Pacinis argue that their contractual right to share in profits from Jade
Falls created a "special duty to ensure the Jade Falls project would besuccessful." Appellants' Opening Brief at 9. Their argument on this point
evolved from essentially an analogy to an investment relationship, in response to
the summary judgment motion in the bankruptcy court (Appx. at 79), to
something more akin to re-characterization of the entire transaction, on appeal
(Appellant's Opening Brief at 9). Although we have elected to address thisargument on its merits, we view it as perilously close to a "new" argument raisedon appeal, which we would not ordinarily consider. See In re Cozad, 208 B.R.
495, 498 (10th Cir. BAP 1997) (appellate court should not consider issues notproperly raised before the trial court).
a decade ago, in In re Young.58 Moreover, as a factual matter, the Pacinis' loan
was a simple commercial transaction that does not rise to the level of a
§ 523(a)(4) fiduciary relationship, rather than an investment as in Nassbridges.
The fact the borrower is entitled to share in the profits of the project for the
specific loan does not magically create a fiduciary relationship that involves an
express trust.
Accordingly, since the material facts regarding the transaction at issue were
uncontested, summary judgment on this issue was appropriate.
B. Judgment on Fraud Count (§ 523(a)(2)(A))
After the Pacinis completed presentation of their evidence at trial, the
bankruptcy court sua sponte granted judgment as a matter of law in favor of the
debtors on the Pacinis' § 523(a)(2)(A) claim. 59 This statute provides that a debt
obtained by "false pretenses, a false representation, or actual fraud" is not
discharged in bankruptcy. In order to obtain a judgment of non-dischargeability,
a debt holder must prove that "[t]he debtor made a false representation; the debtor
made the representation with the intent to deceive the creditor; the creditor relied
on the representation; the creditor's reliance was reasonable; and the debtor's
representation caused the creditor to sustain a loss."60
Only the first two of these elements are at issue, and we review the
58 91 F.3d at 1371 (§ 523(a)(4) requires: 1) a fiduciary relationship, defined
as entrusting money to the debtor pursuant to an express or technical trust; and 2)
fraud or defalcation committed in the course of that relationship).
59 See bankruptcy court's oral ruling, beginning at Appx. at 284. As noted
previously, the court also granted debtors judgment on the Pacinis' false oathclaim, which they elected not to appeal.
60 In re Young, 91 F.3d at 1373. The "reasonable" reliance element set forth
in Young was modified by the United States Supreme Court to "justifiable"
reliance in Field v. Mans, 516 U.S. 59, 74-75 (1995).
bankruptcy court's fact findings as to those elements for clear error.61
A finding of fact is clearly erroneous if it is without factual supportin the record or if the appellate court, after reviewing all theevidence, is left with a definite and firm conviction that a mistakehas been made. Review of a case under the clearly erroneousstandard is significantly deferential, requiring a definite and firmconviction that a mistake has been committed. When findings arebased on determinations regarding the credibility of witnesses, Rule52(a) [Fed. R. Bankr. P. 7052] demands even greater deference to thetrial court's findings; for only the trial judge can be aware of thevariations in demeanor and tone of voice that bear so heavily on thelistener's understanding of and belief in what is said.62
At trial, the Pacinis asserted two factual bases for their allegation of
§ 523(a)(2)(A) fraud: 1) they were deceived into believing that their deed of trust
would receive second priority when it originally did not; and 2) they were falsely
told that their loan would be used only to obtain a new loan from Capital and to
develop Jade Falls. The first of these factual claims was resolved by the
bankruptcy court in favor of the Ennises based on both Loren Ennis's credibility
and the lack of any harm to the Pacinis by their deed of trust having temporarily
been in third position. 63 The Pacinis have not pursued the trust deed issue on
appeal, and it has therefore been waived.64
As to the second issue, the record supports the Pacinis' assertion that the
loan proceeds were used for a number of Ennis's financial needs that were not
directly related to the Jade Falls development. But the totality of the evidence
overwhelmingly supports the bankruptcy court's determination that most of those
61 Copper v. Lemke (In re Lemke), 423 B.R. 917, 919 (10th Cir. BAP 2010)
(bankruptcy court's findings regarding required elements of § 523(a) claims arefactual determinations reviewed for clear error).
62 Mathai v. Warren (In re Warren), 350 B.R. 628, *5 (10th Cir. BAP 2006),
aff'd, 512 F.3d 1241 (10th Cir. 2008) (internal quotation marks and footnotesomitted).
63 See Appx. at 288-90.
64 See Gen. Elec. Capital Corp. v. Manager of Revenue (In re W. Pac.
Airlines, Inc.), 273 F.3d 1288, 1293 (10th Cir. 2001) (issue not raised inappellant's opening brief is waived).
uses resulted from financial pressures and delays that Ennis did not reasonably
foresee when the loan was made.65
For example, Ennis testified that a number of significant delays were
caused by problems with his project engineers, and also that he had expected to
receive funds from other sources (including a partnership buyout in a different
project and the sale of some completed houses) within the first few months of the
Pacini loan, which did not materialize. As a result, Ennis did use some of the
Pacini funds, at least temporarily, to cover expenses unrelated to Jade Falls,
including personal expenses.66
Clearly, Ellis was not a skilled accountant. He owned, or partially owned,
a number of LLCs, which he used to develop different projects. These LLCs
frequently overlapped on projects, and the accounting of project expenses
sometimes became murky. For example, Ennis carried his contractor's license
through Lear Construction, another of his LLCs, and used Lear as "the
construction arm" of his developments. But the lines between Lear and Ennis
65 It can fairly be argued that when the Pacini loan was made, Ennis was
already facing some financial pressures and knew he would need to use the loanproceeds to at least temporarily relieve them. For example, Ennis's immediateuse of the proceeds to make a loan to Lyle Arent was likely anticipated by Enniswhen the Pacini loan was made, and was not technically an "authorized" use ofthat money. However, the bankruptcy court found from the evidence at trial thatEnnis intended to (and did) replace funds that he used for expenses other than forJade Falls, and thus did not have a fraudulent intent. Based on all the evidence,
we cannot conclude that this finding is clearly erroneous.
66 Ennis also testified that, although it is common in the development industry
for developers to take a salary, he typically did not do so. Instead, he counted onprofits from the sale of his development projects to cover his personal expenses,
and he "staged" his projects for that purpose. Appx. at 137. Ennis's use of loan
proceeds to temporarily cover personal expenses, when taking a salary easilycould have been a legitimate project cost, supports the bankruptcy court'sdetermination that he was not acting with fraudulent intent, especially given hiscredible testimony that he only used the loan proceeds in this way because hisother income sources were delayed.
LLC expenses were not always clear. 67 Ennis quite often paid expenses of Jade
Falls through Lear, and sometimes paid business credit lines out of his personal
account. 68 But such accounting inconsistencies do not necessarily equate with
The Pacinis' primary complaint is that their money was not used
exclusively for Jade Falls expenses. Although this may have been the parties'
general intent and the Pacinis' personal expectation, the loan documentation
places no such conditions on Ennis LLC's use of the loan proceeds. 69 In any
event, the bankruptcy court found, even assuming the loan proceeds were to be
used solely for development of Jade Falls, that was "substantially" what
Significantly, a promise to act in the future is only fraudulent if it is made
with a present intention not to perform. 71 As such, the Pacinis had a duty to
establish at trial that Ennis did not intend to perform under the terms of the
parties' contract at the time it was executed. It was this requirement that the
bankruptcy court found that the Pacinis failed to establish. We agree.
The fact, without more, that Ennis at times used Pacini loan proceeds for
things other than Jade Falls expenses does not satisfy the Pacinis' burden for at
least two reasons. First, their agreement did not limit the use of proceeds to Jade
on its obtaining $143,000 from an outside source, it did not specify how those
67 Id. at 169; see also supra nn. 6-7.
68 Appx. at 171-74, 178-79.
69 Although Capital conditioned extension of additional funds to Ennis LLC
funds, once obtained, were to be used.
70 This determination took into account that some, if not all, of the money
used for non-Jade Falls expenses was "repaid or came back into" the Ennis LLCaccount. Appx. at 291-92. For example, the $21,000 Arent loan was repaid by
LALE. Id. at 177.
71 Roberts v. Wells Fargo AG Credit Corp., 990 F.2d 1169, 1172 (10th Cir.
Falls expenses. Second, the fact Ennis subsequently used some of the proceeds
for other projects does not alone establish that Ennis did not intend to comply
with the parties' agreement when the deal was made.
While the Pacinis clearly disagree with the bankruptcy court's
determinations of fact regarding Ennis's intent, they have done little to establish
that those findings are clearly erroneous. Instead, they largely direct this Court
only to the evidence that they believe supports their position, rather than showing
how, in light of all of the evidence, the bankruptcy court's findings are clearly
erroneous. Since "[i]t is the appellant's burden to demonstrate why the
bankruptcy court's findings of fact are clearly erroneous,"72 their failure to
explain how the bankruptcy court's determinations are clearly erroneous is fatal.
The Pacinis rely heavily on the legal precept that intent may be (and often
can only be) proven by circumstantial evidence. It is clear, however, that the
bankruptcy court relied heavily on its assessment of the witnesses' credibility,
and this Court is required to give "due regard" to such assessments by the fact
finder. 73 The appellants have simply failed to convince this Court that those
assessments are not supported by the evidence.
V. Conclusion
The bankruptcy court properly found, as a matter of law, that the Pacinis
did not establish the existence of a fiduciary relationship. Furthermore, because
the bankruptcy court's finding that Loren Ennis had no intent to mislead the
Pacinis at the time they executed the loan is well supported by the evidence, it is
not clearly erroneous. We AFFIRM.
72 In re Paige, 439 B.R. 786, 792 (D. Utah 2010), aff'd, 685 F.3d 1160 (10th
Cir. 2012).
73 Fed. R. Bankr. P. 8013.
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A task force looking at election day reporting problems in Sedgwick County says the office overseeing them is understaffed and needs more updated training.
Their six-page report released Monday was completed in response to problems that included final vote counts being delayed for hours after polls closed. The task force found that the Sedgwick County commissioner's office has the lowest number of full-time staff with the second highest number of registered voters when compared with the three other large Kansas counties. The group found vote totals were never incorrectly reported and no laws or policies were broken.
The group recommended county commissioners appropriately staff the office and contract for at least the next two years for on-site election day support with the vendor who supplied the election software.
Location, ST | website.com


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Designer Spotlight: DC State Fair Fingerless Mitts by Whitney Meagher
After years of experimenting other designers' knitting patterns, Whitney Meagher took the next step – entering her own design in a recent knitting and crochet contest at the DC State Fair. The only requirement was to incorporate the District of Columbia flag. Whitney came up with a pair of fingerless gloves, which ended up taking the top prize! Read more


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Denmark Collection by Feiss
For a striking conversation piece, add a light fixture to the Denmark Collection by Feiss to a favorite living space. Choose among large and mini pendant styles, or opt for an elegant wall sconce. Each is crafted from natural bamboo, which is twisted into an attractive design. It brings a decorator touch to any room, and complements a variety of different interior designs.
There are no products matching the selection.


text:
I want to use Subversion source control for a PHP website. It is installed on the webspace I rent: hooray!
On the website of Subversion is a huge list of client-apps: http://subversion.tigris.org/links.html#all-clients
Which one can be recommended? I have Windows XP installed on my PC. And I don't want to pay for it, so a free client will do.
I've used Visual SourceSafe and Team Foundation Server in Visual Studio 2008.
EDIT: Perhaps one that integrates with Eclipse?
Edit 2: I found the article Ultimate Round-Up For Version Control with Subversion regarding Subversion in Smashing Magazine.


text:
Wee Reads Story Time
Stories, rhymes, music, and activities that are designed to keep little ones entertained as they develop reading readiness skills.
Ages: 0-3 years with adult caregivers.
Registration is not required! The Wee Reads program is funded by a grant from the Community Foundation of the Low Country.
January 7th – Winter Fun!
January 14th – Pandas, Penguins, and Zebras! (and other things that are black or white)
January 28th – Spots and Stripes!
February 4th -- Sun and Shadows!
February 11th – Love and Kisses: Valentine's Day Fun
February 18th – Do the Elephant Walk!
February 25th – All Aboard! Stories About Trains
March 4th – Crazy Clothes!
March 11th – Spring Fever!
March 18th – Green Things!
March 25th – Easter Rabbit Fun! (We'll hunt for eggs in the children's department after storytime – don't forget your basket!)
April 1st – Rain, Rain, Go Away!
April 8th – 5 Little Monkeys!
April 15th – Things that are BIG!
April 22nd – 100s of Hats!
April 29th – Go Fish!
May 6th – Moms & Grandmas are the Best!
May 13th – Our Favorite Books and Characters!
May 20th – How Does Your Garden Grow?


text:
ISLAMABAD, Pakistan (CNN) -- Four trucks containing supplies for the U.S. Embassy in Kabul drove from Pakistan into Afghanistan on Friday, the first time Pakistan has allowed such a border crossing since closing the routes six months ago, a U.S. official said.
The source noted that officially, there had never been a suspension of the movement of diplomatic supplies through Pakistan, only military supplies, and this did not mean the NATO supply routes had been reopened. But this was the first time diplomatic materials were allowed through in six months.
The load on the four trucks was not meant for NATO forces but was made up of construction materials for the U.S. Embassy in Kabul, according to the official.
The Pakistani ambassador to the U.S., Sherry Rehman, said that allowing supplies was a first step.
"So this is a new beginning. And, obviously, I bring good tidings," Rehman said in an interview broadcast Friday on CNN's Situation Room with Wolf Blitzer.
Pakistan and the U.S. have not agreed to a full reopening of the border crossings to allow NATO supplies to flow.
The border has been closed since NATO airstrikes killed 24 Pakistani troops in November and the U.S. refused to apologize for the incident. The two countries are still negotiating, according to Pakistani and American officials. Among other things, Pakistan is seeking higher transit fees for each load that crosses its border, according to the American official.
The official would speak only on the condition no name was used. Pakistani officials did not respond to requests for comment.
The gesture comes as Pakistani President Asif Ali Zardari prepares to head to NATO meetings in Chicago this weekend.
Rehman said it would be premature to say when the blockade would be lifted but said there has been "some movement forward."
She said the demand for an apology continues.
"I think that is not going to go off the table," she said.


text:
Tiger 900i '99-'01
Tiger 900i '99-'01
Heidenau K60 Scout, Dual-Sport, Front 19 inch, Size 110/80-19, 50% Street / 50% Dirt, 59T, Tubeless Bias Ply Tire
The Heidenau K60 Scout is the perfect blend of on and off road capability. Offering longevity on pavement and grip off-road where it really matters. The center on the 110/80-19 consists of large rubber lugs that provides straight tracking on the pavement. The area between the lugs is quite substantial allowing mud, dirt, sand and gravel to freely pass without turning the tire into a slick.Learn More$189.00 $145.60


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Washington, DC—Naomi Luban, MD, has been named Chair of the Institutional Review Board (IRB) and Medical Director of the Office for the Protection of Human Subjects (OPHS) at Children's National Medical Center. Children's National offers its patients access to pediatric clinical research, including clinical trials, across a range of childhood illnesses. Research at Children's National spans translational, clinical, and community studies, conducted in an environment where researchers and physicians can easily collaborate and where physicians can apply the latest advances to improve patient care. The IRB and OPHS ensure the protection of the rights and welfare of research participants."Dr. Luban is ideal to fill this important position because of her ability to balance the needs of clinical research with the protection of the children who participate in research studies," said Mark L. Batshaw, MD, Executive Vice President, Chief Academic Officer, and Physician-in-Chief at Children's National Medical Center. "She has dedicated more than 35 years of service to Children's National, and we look forward to her leadership in this very important position in our research program.""I am delighted to take on this new role, helping to give patients and families access to clinical trials and ensuring that our research benefits from thorough review as we seek better understanding, prevention, and treatment of childhood injuries and diseases," said Dr. Luban. Dr. Luban is a distinguished hematologist with specific expertise in transfusion medicine and immunology who has published more than 140 peer-reviewed journal articles and more than 40 medical book chapters. She is an active, NIH-funded investigator and a research mentor to junior faculty members at Children's National. She will continue her many responsibilities as Vice Chair of Pediatrics for Faculty Affairs at the George Washington University School of Medicine and Health Sciences; Director of the Education Component of the Clinical and Translational Science Institute at Children's National; and Director of Transfusion Medicine at Children's National. Contact: Emily Hartman or Paula Darte, 202-476-4500.
Children's National Health System, based in Washington, DC, has been serving the nation's children since 1870. Children's National is a Leapfrog Group Top Hospital, Magnet® designated, and was ranked among the top 10 pediatric hospitals by U.S. News & World Report 2015-16. Home to the Children's Research Institute and the Sheikh Zayed Institute for Pediatric Surgical Innovation, Children's National is one of the nation's top NIH-funded pediatric institutions. With a community-based pediatric network, seven regional outpatient centers, an ambulatory surgery center, two emergency rooms, an acute care hospital, and collaborations throughout the region, Children's National is recognized for its expertise and innovation in pediatric care and as an advocate for all children. For more information, visit ChildrensNational.org, or follow us on Facebook and Twitter.
Want the latest Children's National news and stories as they happen? Sign up to get our News & Events releases by email.
The Pediatric Hematology Oncology training program is an ACGME accredited, three year training program for physicians that have completed three years of general pediatric training at an ACGME accredited institution.
Naomi L. C. Luban, MD, has been named recipient of the prestigious American Red Cross's Graham A. Jamieson Memorial Lectureship.
Surgical treatment of epilepsy is usually sought when a child has seizures that cannot be controlled by standard therapy with medications (and sometimes special diets such as the ketogenic diet).


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Alumni News
Keystone alumna Crystal Wagner returns to campus for new installation03/25/2016
Keystone College alumna Crystal Wagner spent a week in residence on the Keystone campus in La Plume creating a large-scale sculptural installation in the Linder Gallery. The exhibit will be on display through April 29.
Keystone to host Music and Arts Fair02/15/2016
Keystone College will host its second annual music and arts fair on Sunday, February 28 from 2-3:30 p.m. and again at 5 p.m. on campus.
Tom Cupillari honored by State Representative Karen Boback08/05/2015
Pennsylvania State Representative Karen Boback recently presented an award honoring Keystone College Professor Thomas G. Cupillari, who officially retired in June after serving the college for 50 years.
25th annual golf tournament slated06/18/2015
Keystone College will conduct the 25th annual Keystone Open Golf Tournament on Monday, July 13 at Glen Oak Country Club in Clarks Summit.
Keystone Players to Present The Good Doctor04/13/2015
A cast of 12 will bring the combined wit of Neil Simon and Anton Chekhov to life when the Keystone Players present The Good Doctor, a comedy with music by Neil Simon, April 23-25.
Keystone honors three distinguished alumni during Homecoming10/21/2014
Keystone College honored three of its most distinguished alumni during Homecoming Weekend festivities on Saturday, Oct. 18. Awards were presented to: The Honorable Sandra Major '74, Keystonian of the Year; Bernie Fornicola '76, Distinguished Service to Keystone; and Ali Dowling Wilson '09, Young Alumna of the Year.
The Keystonian Magazine is now online10/03/2014
The Keystonian, Keystone's magazine for alumni and friends, is now available for online reading.
Official dedication of Keystone's athletic field and track complex04/28/2014
Alumni, friends, and members of the campus community gathered to celebrate and officially dedicate Keystone's new $3.4 million synthetic all-weather athletic field and track complex on Saturday, April 26, 2014.
Ali '08 and Doug '08 Wilson: North Branch Land Trust Volunteers of the Year04/02/2014
Ali and Doug Wilson are proud Keystone College alumni. They are also proud to be stewards of the environment whenever they possibly can.
Keystone recognizes scholarship donors and recipients11/14/2013
Members of the Keystone College community gathered to honor 2013-2014 scholarship donors and recipients with a special Scholarship Luncheon on campus. The event provided students an opportunity to meet the donors who make it possible for them to pursue their education at Keystone College.
Keystone receives state grant10/30/2013
Keystone College President Dr. David Coppola receives a check for $375,000 from Factoryville Borough Councilman Bill Edwards for the recent renovation of Brooks Theatre.
Keystone receives grants from PA Council on the Arts10/29/2013
Keystone College has been awarded grants from the Pennsylvania Council on the Arts for two of its most popular programs.
Keystone Alumni Association Bestows Awards10/25/2013
Keystone College honored three of its most distinguished alumni during Homecoming Weekend festivities on Saturday, Oct. 19.
Besta Cork moves into new home10/17/2013
The Greater Scranton Chamber of Commerce welcomed Keystone College student Shawn Whitiak, Jermyn, and business partners Michelle Mendez and Paula Corrales to its new TekRidge Center during recent ceremonies at the state-of the-art business incubator in Jessup.
Keystone College hosts McGowan Cornerstone awards10/10/2013
Keystone College recently hosted the seventh annual Monsignor McGowan Cornerstone Awards Program in the Theatre in Brooks.
More News


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5 Epic Achievements That Aren't as Impressive as You Think
#2. Boxing World Champion
In a boxing movie, the main character is always fighting to be "world champion," or maybe they narrow it down to "heavyweight champion." Either way, there's only one of those belts, and you know that by winning it, he's the best in the world.
"All hail the Emperor of Punching!"
But in real life? Quick, name the current world boxing champion. Yeah, didn't think so. Either you can't because you have no idea, or you're a boxing fan and you also can't, because you're still listing names. Because there can be close to a hundred champions at any given moment.
The Process:
Most of us understand that when it comes to boxing, there are weight classes, but what you might not know is that there are 17 separate weight classes, and some of them differ by as little as three pounds. OK, so 17 weight classes. That's 17 world champs then, right? Wrong.
The World Boxing Champion, Wiry Mexicans Wearing Huge Belts Division.
Actually, there are four separate sanctioning bodies in boxing, and all four crown their own 17 world champions. Well, that was up until a fifth body, "The Ring," also started crowning a world champ, which brings the total number of possible world champions at any one time up to a staggering 85-plus. And yes, that's a plus, because some of those slots can themselves be filled by as many as three people at the same time.
And one more thing: Anyone who's watched Rocky III knows something else about boxing champions -- they literally get to pick their fights with whomever they want. There's no tournament where they have to fight the next guy in line on some kind of predetermined schedule. Mickey spells the whole process out for you:
Mickey: They was hand-picked!
Rocky Balboa: Setups?
Mickey: Nah, they wasn't setups. They was good fighters, but they wasn't killers like this guy. He'll knock you to tomorrow, Rock!
"Also, I'll be out this weekend. Miyagi and I are hitting up Vegas."
Remember how Rocky got his original shot at the belt? Apollo's team picked him because they thought it'd be an easy win. Clubber Lang didn't get his shot until he got Rocky riled up by making sexy talk at his wife. Well, that part of the Rocky mythos was spot on -- all a champion has to do to keep his belt is pick lesser fighters for his matches.
Just ask boxing fans who have waiting for the two best boxers in the world -- Floyd Mayweather and Manny Pacquiao -- to fight each other. They've been waiting for two and a half years, with no fight in the foreseeable future. It'd be like if after winning the Super Bowl, you could just spend the next three years setting up games with random mediocre teams.
"We've earned a break. Next season, it's nothing but Pee Wee League."
#1. The Nobel Peace Prize
Earlier we mentioned that most of you could probably name more Oscar winners than Nobel Peace Prize winners. That's the comparison that always gets made because, well, the Nobel Peace Prize is the most prestigious award in the world. The other prizes - in Physics, Chemistry, etc. -- go to the brightest members of the species, but the Peace Prize? Hell, that goes to the heroes who are literally saving the world from brutal violence.
They're basically a geriatric Justice League.
There's no way the criteria for this prize is a bunch of bullshit. Let's just end this article right now.
The Process:
In order to get a Nobel Peace Prize, you must first be nominated by a politician, judge, university professor, Nobel prize winner or member of the Nobel committee, who are appointed by the Norwegian parliament. So there's a theme to the nominators, and the theme is "people who've probably never tasted Doritos Locos Tacos." And yes, it's true that the Nobel committee makes the Academy Awards crew look diverse:
But the problem is that in Mr. Nobel's charter for the award, he specifically called for honoring people who are doing the most to promote peace between nations. Present tense. Sounds nice, right? There's one thing missing: time. That is, the time needed to figure out if what the person was doing was successful at all.
Contrast that with the winners of the Nobel Prizes for Physics and Chemistry, whose contributions are specifically required to have "stood the test of time." Which means Dr. Man Who Finally Got Alchemy Down is going have to wait a few decades to get his Chemistry Nobel. Same thing, creator of Quantum Leap. But that guy who came up with the Kony 2012 campaign? Totally eligible for a Peace Prize right now.
"I'd like to thank the people of San Diego for providing constant inspiration."
And this is why we've had some Peace Prize winners over the years who have been just baffling in retrospect. In 1973, for example, the prize was awarded to Henry Kissinger and Le Duc Tho for trying to end the Vietnam War. There was just one small problem: The war was still raging. Cordell Hull got one even though he sent hundreds of Jews to their deaths during the Holocaust because they didn't have correct paperwork. Menachem Begin got one even though he was eventually implicated in a plot to assassinate a German chancellor. And then there's President Obama, whose nomination was turned in 12 days into his presidency -- and he won.
On the other end of the scale we have Gandhi, the guy who liberated an entire nation from oppression without ever lifting a finger in violence. He never won, despite being nominated five separate years. Then he died in 1948, which made him ineligible, because unlike the science awards, a dead person can't win the Peace Prize (you can't be currently doing anything to promote world peace after death, unless you're haunting some dictator's palace). The committee apologized to the human race by awarding the prize to no one that year. Though they may have simply been trying to distract everyone from the fact that Gandhi's black belt was probably bullshit.
He had one mean bastard of a roundhouse, though.
James also has a Tumblr, on which he discusses the finer points of social networking, meat-eating and nose-picking.
For more things that aren't that impressive, check out 6 Geniuses Who Saw Their Inventions Go Terribly Wrong. Or discover the The 14 Most Unintentionally Terrifying Statues in the World.
If you're pressed for time and just looking for a quick fix, then check out The Filthiest Joke Ever Hidden in a Children's Movie
And stop by LinkSTORM to see the columnists practicing their sweet karate skills.
And don't forget to follow us on Facebook and Twitter to get sexy, sexy jokes sent straight to your news feed.
Do you have an idea in mind that would make a great article? Then sign up for our writers workshop! Do you possess expert skills in image creation and manipulation? Mediocre? Even rudimentary? Are you frightened by MS Paint and simply have a funny idea? You can create an infographic and you could be on the front page of Cracked.com tomorrow!


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Issue Date:
April, 2012
The April issue of Environment & Climate News reports on the ongoing Fakegate scandal. Prominent scientist and global warming alarmist Peter Gleick confessed to assuming the identity of a Heartland Institute board member in order to steal the organization's internal documents and send them to global warming activists and sympathetic members of the media.
Also in this issue:
- Utah Gov. Gary Herbert issued a call to action to the state's residents and businesses, urging them to participate in a voluntary initiative for cleaner air.
- Two solar energy trade groups are suing Riverside County, California over a new surcharge on large solar power projects. The surcharge is an annual fee of $450 per acre.
- The Oregon state Senate has passed a bill limiting the amount of mercury allowed in compact fluorescent light bulbs that can be sold or distributed in the state.
- Florida Tea Partiers and grassroots conservatives are expressing frustration at the state's Republican-dominated legislature for fast-tracking legislation that would ramp up taxpayer subsidies to Solyndra-style renewable power projects.
- Wisconsin state environmental officials say they have no plans to impose new restrictions on the mining of sand for use in hydraulic fracturing of oil and natural gas. The state Department of Natural Resources says there is little support for claims of environmental damage done by sand mining.
- The American Bird Conservancy has filed a 100-page petition with the U.S. Fish and Wildlife Service requesting replacement of FWS's proposed voluntary guidelines for operating wind farms with mandatory, enforceable standards designed to protect birds and bats from turbines' deadly blades.
Newspaper Articles in this Issue
Audubon Official Calls for Moratorium on Altamont Solar Arrays– March 16, 2012
Informative Book on Plant Life Encourages Further Inquiry– March 15, 2012
Riverside County, Calif., Sued Over Solar Fee– March 14, 2012
Study: Feds Approving Fewer Oil and Gas Leases– March 14, 2012
Bird Conservancy Seeks Enforceable Wind Turbine Standards– March 13, 2012
Obama Administration Announces New Cutbacks on Shale Oil Leases– March 12, 2012
Sierra Nevada Snowfall Remains Stable– March 11, 2012
Wind Power Environmental Concerns– March 11, 2012
Food and Drug Administration Prepares BPA Decision– March 10, 2012
Gleick, Other Global Warming Alarmists Poison Discussion– March 10, 2012
North Dakota Oil Production Surpasses OPEC Nation Ecuador– March 9, 2012
NRC Approves Two Nuclear Power Plant Applications– March 9, 2012
EPA Targets New York Fracking Standards– March 8, 2012
Utah Gov. Herbert Launches Clean Air Program– March 8, 2012
EPA Fines Companies for Not Using Biofuel that Doesn't Exist– March 8, 2012
Wisconsin DNR Rejects New Restrictions on Mining Frack Sand– March 7, 2012
Oregon Lawmakers Target Mercury in Light Bulbs– March 6, 2012
Sierra Club Accepts Millions in Fossil Fuel Money– March 6, 2012
Florida Tea Partiers Revolt Against Renewable Power Legislation– March 6, 2012
Alternative Energy Industry Raking in Iowa Subsidies– February 27, 2012
New York Nears a Decision on Fracking– February 27, 2012


text:
- Binding: Hardcover & eBook
- Era: WWII
- Number of Pages: 288
- Subject:
- Date Available: May 2007
Despite the conclusions of two generations of historians, at the outset of World War II the U.S. Army was profoundly unprepared for war. After years of interwar neglect, it faced enormous challenges in mobilization, training, deployment, and operations. Even late in the war, U.S. troops were often undersupplied and the Germans often had the technological edge. Drawing on his expertise as a logistics specialist and nearly a decade of original research, Miller tells the remarkable story of the Army's transformation and change facing an all-or-nothing campaign against a well-prepared enemy. This groundbreaking work that will reset the historical framework for comparison of U.S. and German performance over the course of the European campaign. This book is published in cooperation with the Association of the United States Army.
Edward G. Miller is a retired Army officer and designated military historian. His previous book was A Dark and Bloody Ground--The Hutgen Forest and the Roer River Dams 1944-1945.


text: "In fiscal year 2000, (Bill) Clinton's last as president, the federal government spent $1.77 trillion. Multiply that number by two, and you're almost to federal spending in FY 2010: $3.72 trillion in (President) Obama's first wholly owned budget. If we had limited government's growth — not actually cut government, mind you, but limited its growth — at the rates of inflation and population expansion, the 2010 federal budget would have been a much more affordable $2.50 trillion. Instead of 'fiscal cliff' on Jan. 1, 2013, we'd be facing a federal budget surplus. Faced with the overwhelming evidence that the debt and deficit problem is a spending problem, negotiators and commentators are talking about everything except cutting the size of government."


text:
Watching episode 6 of season 3 of TWD. They keep making Andrea dumber.
>I dun like dis barbarianisms makes people not respec da walkers
Next day
>watch dis, I jump from complete safeety to gets up close to da walker cuz I strongs. Dis how it dun not yo smart way dat shows you respec how dangeris da walkers be. But dont be doins dat gladiators shit cuz it dum do it my way a bloo bloo
Spoiler!So Lori finally dies and they had to fill the stupid void?


text:
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You know Nebraska football wouldn't be what it is if it weren't for Dr. Tom Osborne. Show your Nebraska pride with a T-shirt that honors the legend by wearing this Tom Osborne Retirement tee. This tee features a graphic of Dr. Osborne on the front with the words "Dr. Tom Osborne – A Nebraska Legend" and a team logo printed across the chest. The back features his name above his many accolades, "2nd Timothy 1:7" and "Thanks Coach" – all in team-colored print. Show your respect for a Nebraska legend by wearing this shirt!
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text:
While searching a question about fibre bundles, which was asked here, i got directed to Vector bundles. I noticed this word "Hairy Ball" which sounded eccentric and made a search at Wikipedia.
How is the hairy ball theorem related to this statement: You can't comb the hair on a coconut.


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Torrington: Salon owner grateful for help in cancer battle
I would like to express my sincere appreciation to everyone who attended the benefit in my honor at P. Sam's restaurant in Torrington on Nov. 16. I am especially grateful to the many volunteers and event organizers.
I am a local business owner fighting my second battle with cancer, and will endure intensive radiation and chemo treatments in the weeks and months ahead. This will cause me to lose precious time at work. The funds raised at the benefit will definitely ease that burden, as well as those that will come with many doctor visits and co-pays.
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" Very nice JW! "
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Perhaps he's Jewish...?
Perhaps he's Jewish...?
Well it's not every day that your Ass Man can say he's confident of getting to Heaven:
Glen Johnson
33 years old, AC Milan Reserves
Status: transfer listed
Value: 3.6M
Asking price: 105M!!!!
It's going to rain bids for this guy. For sure
Possibly the oddest stadium ever built - almost certainly the smallest and I will actually make a profit on it!!
Pity it isn't named after me but I've only been in charge 1 year
NOT my real name or nationality - Hong Gil-Dong is Korean for both Robin Hood and Joe Bloggs.
Sorry the picture is big.
Last edited by Ailelya; 15-10-2010 at 18:17. Reason: apologizing for picture size. sry :(
Maybe he is David Bowie?
Or maybe he just changed his name (nickname) after seeing the news item? Either way it's funny...
This made me laugh an awful lot. I just imagined an old farmer all "oooerr my turnips just did not show up today."
Last edited by Dirty Harry; 25-10-2010 at 20:16.
Herr Flick makes me laugh a lot too.
I remeber in 05 or 06 I was United and had just won the Charity Shield agaisnt Liverpool 3-1 and then after the game on the report and scoreline it said Liverpool had won 3-1! I was outraged to say the least !!!
Haven't got screenshots but two of my funniest were:
A player called Christ:
"Christ must be stopped"
...and my all time favourite:
Roy Keane as manager was interested in Robbie Keane the player, NEWSHEADLINE READ;
"Keane keen on Keane"
Had be rolling.
Player interaction got a little weird.
I don't see what is funny about that one.
I make it 14 years not 2 months...
Lose 1-0 to the Champions and the fans aint happy, I must have been the only person happy that I never got thrashed.
Last edited by av3ry; 01-11-2010 at 23:40.
51st minute they scored.
That usually just means they can't find anything that they're more unhappy with.
Has to be one of the biggest flaws in the game. We like that you've won the past three world cups with England and all the intermittent competitions Euros etc and the rest. However due to you not getting to the final of the most recent Confed Cup you're sacked. WTF?!!? that and many many many other examples of when the board is so out of whack it isn't even real life out of whack, it's just insane.
how do you get to upload the images
what town is it?
Now, anyone can be a manager if they have half a brain, but Villlage...he couldn't manage a train set
And at first i thought the referee was just getting awfully into play, then i realised they were having a "wear any shirt day"
Another name for Baw Bag - or scrotum if you prefer
Here we have X-Factors finest
Shame we didn't have a Wagbo
Can't give you a screenshot as I can't recall which year's version to re-install, but anyhow:
few years ago the standard font kind of melted "r" and "n" together, so they looked like an "m" (at least to my weary eyes).
When my scout recommended me this Argentinian fellow called German Hornos I was off my chair. That's classic schoolboy humour if anything
(yes, I had him shortlisted for the rest of the game, and yes there were times when he was "taken a look at" or even "wanted" )
I bet his skills in the air are great!
Let it snow, let it snow, let it snow!!
Seriously, hadn't noticed snow in FM10???
Don't want to be nitpicking but 2000 miles seems a bit too much for a trip from Debrecen to Zagreb..
Managed in England and France for FM10 a total of 22 years...saw snow three times.
You must be joking!!!!
I am managing Man City after I was at Spurs, Mancini had left to go to Liverpool (who were 8th....City were 2nd!)
Anyway.........I got a slice of commentary at the end of one game stating 'Kompany and company never looked like losing' - made me chuckle at least!
c'mon Freiburg, how did you manage to miss all of penalties?
i was just looking through pics on my computer today and found a few gems from FM06 so thought i'd share
these two from the same save... i had started as gretna in division 1 and they had european football that year after their sensational scottish cup run IRL, didnt expect anything in europe obviously but how wrong i was...
i ended up leaving gretna to take over reading who had been relegated to the championship, i managed to take them all the way to the FA cup final and this happened..
i have others too will add them another day
Could be set up for anyone but made me laugh when I came across this
This made me laugh a lot, I like McKenna's confidence in his own ability thats for sure!
This made me smile: Came the day before the local derby...ESTAC is our most fierce rival...
Last edited by SSGTroyer; 26-11-2010 at 14:53.
The team I'm currently playing have A Dick up front.....
All that in ONE day. Impressive stuff.
I haven't checked through 27 pages, but has anyone seen this at the start of an FM11 save?
And that FA Cup tie was a duck-shoot thanks to a crazy ref. People complain about this, but it's not so bad if you're the beneficiary. My first ever game as a manager, eh?
We've nicked the cup!
I believe the reason he looks so annoyed is because he just left Berlin.
That's happy for a German iirc.
And in case you don't know, definition of funny.
Little bit harsh speculating his first match, against the Champions, could be his last.
Fortunately he managed a 0-0 and lived to fight another day.
I should post this in the Bug section as well.
Very tight schedule!
Last edited by V1adimir; 03-12-2010 at 19:10.
Tee hee, all backwards
Found testing my custom Db
Now you just need Young to become the oldest ever player.
Oh, and I prefer my six iron over my nine iron.
Hobbit League!!
Sometimes, the player really is bigger than the club
I tried warning and fining him early on, but he immediately felt it was unfair and decided it'd be best not to turn up to training 50 times over his 6 seasons with the club. Not to mention the tantrum he threw when I once substituted him...
Nine Iron, the previous imcumbant, Tony Ford holds the record for playing nearly 1000 league games until he was in his 40s. Let's see if your Old whipper-snapper comes close. chuz - Balotelli will top that in one season!
I always find it amusing when people blank out their names in screen shots... and then miss one.
Hello M Borchers.
There is nothing to imply that he has African roots.
Haha, the Dick Snip one is great, made me remember a very old player from CM4 i think, he was called **** Rip


text:
The mission of St. Luke's University Health Network is an unwavering commitment to excellence as we care for the sick and injured; educate physicians, nurses and other health care providers; and improve access to care in the communities we serve, regardless of a patient's ability to pay for health care.
The mission will be accomplished by the following:
In comparison to national benchmarks, St. Luke's will:
St. Luke's University Health Network is guided by the following values:
Pride – We take pride in our accomplishments and in our organization.
Caring – We show consideration for others and their feelings. We treat others as we want to be treated.
Respect – We recognize the value, diversity and importance of each other, those we serve and the organization.
Accountability – We are responsible to make decisions and solve problems in a timely and effective manner.
Flexibility – We adapt to the changing needs and expectations of those we serve.
Teamwork – We work together to improve quality.
People and Relationships
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Given a finite measure $\mu$ on the real line $\mathbb R$, one definition of its Hilbert transform is $(H\mu)(y) =\frac{1}{\pi}(PV)\int \frac{d\mu(x)}{x-y}$ which is known to exist almost everywhere on $\mathbb R$. Another way is to define the Borel transform ${\mathcal H}(z) = \frac{1}{\pi}\int\frac{d\mu(x)}{x-z}$ for $z\in \mathbb C\setminus \mathbb R$, and then take the limit of $\Re({\mathcal H}\mu)(x+iy)$ as $y\downarrow 0$, such limit existing almost everywhere. In the case that $\mu$ is absolutely continuous it is stated $explicitly$ in the literature that these agree (almost everywhere), and it is $implicit$ in the use of the term `Hilbert transform' in the literature that the two definitions agree (almost everywhere) for general finite $\mu$. Does anyone know where one can find explicit proof(s)? (Proofs for the $L^p$ case are easy to find.)
The Hilbert transform of $\mu$ is the inverse Fourier transform of the product $$ -i\hat\mu(\xi){\pi \text{sign}\xi}, $$ using the definition $\hat u(\xi)=\int e^{-2i\pi x\cdot \xi} u(x) dx$ so that the inverse Fourier transform is $u(x)=\int e^{2i\pi x\cdot \xi} \hat u(\xi) d\xi$. This product makes sense since $\hat\mu\in L^\infty$.
Showing that the two definitions agree almost everywhere is easy! Using the truncated transform $$ \mathcal{H}\_\epsilon\mu(x)=\frac1\pi\int_{\lvert y-x\rvert > \epsilon}\frac{d\mu(y)}{x-y} $$ then, by definition, $\mathcal{H}\mu(x)=\lim_{\epsilon\to0}\mathcal{H}\_\epsilon\mu(x)$ for all $x$ at which the limit exists. Convolve the identity $$ \Re\left(\frac{1}{x+ih}\right)=\frac{x}{x^2+h^2}=\int_0^11_{\left\lbrace\lvert x\rvert > h\sqrt{t/(1-t)}\right\rbrace}\frac1x\\,dt $$ with $\frac1\pi d\mu$ to obtain, $$ \Re\left(\mathcal{H}\mu\right)(x+ih)=\int_0^1\mathcal{H}_{h\sqrt{t/(1-t)}}\mu(x)\\,dt. $$ The integrand on the right hand side tends to $\mathcal{H}\mu(x)$ as $h\to0$, whenever this is defined, so bounded convergence gives $\Re(\mathcal{H}\mu)(x+ih)\to\mathcal{H}\mu(x)$.
The question also asks how to show that $\mathcal{H}\mu$ is defined almost everywhere. I don't have a reference for this, but the standard proof can be modified without too much difficulty. The maximal operator $\mathcal{H}^*\mu(x)\equiv\sup_{\epsilon > 0}\lvert\mathcal{H}_\epsilon\mu(x)\rvert$ is weak (1,1) continuous, $$ \left\lvert\left\lbrace x\colon\mathcal{H}^*\mu(x) > \lambda\right\rbrace\right\rvert\le C\lVert\mu\rVert/\lambda, $$ for all $\lambda > 0$ and a fixed constant $C$ (I'm using $\lvert\cdot\rvert$ to denote the Lebesgue measure). I'm working from the notes Interpolation, Maximal Operators, and the Hilbert Transform, by Michael Wong (Theorem 8.7). These notes look at the case where $\mu$ is absolutely continuous, but the proof carries across to the general case with no big changes.
By weak continuity, if there exists measures $\mu_n$ with $\lVert\mu-\mu_n\rVert\to0$ such that $\mathcal{H}\mu_n$ all exist almost everywhere, then $\mathcal{H}\mu$ exists almost everywhere. If $\mu$ is absolutely continuous with differentiable density, then $\mathcal{H}\mu$ exists everywhere in the standard way. As the differentiable functions are dense in $L^1$, this extends to all absolutely continuous measures. Only the case for singular measures $\mu$ remain. So, there exists a measurable $S\subseteq\mathbb{R}$ with zero Lebesgue measure with $\mu(S^c)=0$. Then we can choose compact sets $K_n\subseteq S$ with $\mu(S\setminus K_n)\to0$. Note that the measures $\mu_n\equiv 1_{K_n}\cdot\mu$ are supported on the compact sets $K_n$ and $\lVert\mu-\mu_n\rVert\to0$. It follows that $\mathcal{H}\mu_n(x)$ is defined everywhere outside of $K_n$ (in fact, $\mathcal{H}\_\epsilon\mu_n(x)$ is a constant function of $\epsilon$ for $\epsilon$ small enough that $B_\epsilon(x)\cap K_n=\emptyset$). So, $\mathcal{H}\mu_n$ is defined almost everywhere and, hence, so is $\mathcal{H}\mu$.


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American Horror Story Coven is back and starting the new year off with a huge bang, thanks to two character deaths, a demon who loves cocaine, and Stevie Nicks! The White Witch made her Coven debut last night, only to be completely drowned out out by a wave of WTFery. There were a whole lotta witches losing their blessed minds last night. Spoilers ahead...
It's so good to have the lunacy that is this show back on the air — and even better now that Marie Laveau has teamed up with Fiona and her pale minions. No more with this tired witch war, now all the ladies are under one roof. And faster than you can say "the Devil loves nose candy," the lades are at each other's throats. Within minutes of our return Fiona slaps the shit out of her dear daughter Cordelia, who's marked forever as "willfully blind" and "worthless." The facade that was her husband Hank has been revealed, he's a witch hunter and Cordelia was too blind to see it. She's out. This is just the beginning of the rapid unraveling of this coven. Which kind of makes me think this was Marie Laveau's plan all along. The second this character steps foot into this big house, the girls go straight to hell. Just a thought... But at least the characters are actually doing things besides dying and then coming back to life, rinse and repeat.
But before Fiona can tackle the very pressing problem of a giant, wealthy corporation that has ordered their deaths, American Horror Story pauses for a music break. Enter Stevie Nicks. The songstress' cameo is wrapped into a favor winning gesture to Misty Day from Fiona. But in reality her special appearance was one nose twitch away from just having Jessica Lange stand up, turn to the camera and announce, "Ladies and Gentlemen, Stevie Nicks!"
But who cares — because this cameo was a long time coming. Hell, the episode was called "The Magical Delights of Stevie Nicks," so this was a surprise to no one. However we did get to see Stevie Nicks play "Rhiannon" live(ish) in front of a room of witches. Which is how all Stevie Nicks music should, and must, be consumed.
So Stevie plays a little "Rhiannon," while Misty fangirlishly fawns all over her. It was heart warming and genuine. And then they twirl. It's like fan service fed up to no one but the creators because we've only known Misty for a few episodes — but who cares? The real service is just this show, and its magical ability to pull in real talent and tie their names forever to a series that once described a woman's vagina as a "mossy bank."
After a quick pause for a few twirls, the scheming lurches on — but the cameos aren't done yet. Look, it's Lance Reddick as Papa Legba, the Devil who LOVES cocaine. What does the Devil want with all this nose candy? Who knows? He's the devil, stop over-thinking it.
Turns out Marie Laveau was granted her immortality thanks to the insanely creepy Lance Reddick. All she had to give him was her soul, the soul of an innocent every year (including her child) and some yamyam shamsham. Naturally, Fiona wants IN. So Fiona dials up her drug dealer and charms the devil on over. But there's a tweeeeeeest.
Papa doesn't want Fiona, because she doesn't have a soul. Which means, everyone else is fucked. Her last resort tanked, Fiona realizes she has nothing to lose but her very own life and decides, "Fuck it — Imma kill all these whores."
Meanwhile at a New Orleans funeral — because it's New Orleans and therefor the show is contractually obligated to show a New Orleans style Jazz funeral or how else would we know this was in New Orleans????
Did someone on the writing staff just lose a bet, or win one?
So after death, death, baby stealing and Theremin, Stevie Nicks gets her second curtain call. And once again, Jessica Lange is there to introduce her. And the White Witch sings "Has Anyone Ever Written Anything For You" and it was very nice — in spite of being utterly random. I think it's written into my DNA to love women who wear black hats and twirl to Stevie Nicks. Makes ya wanna pop in Practical Magic.
But the real witchcraft happening last night (WINK WINK) was truly watching Lange and Angela Bassett bounce off of each other for more than 2 seconds. Bassett is the cool breeze Lange needed from shouldering the burden of this entire seasons drama and scenery munching. It was so great to see these two together, up to no good. Even better than when they were fighting, fingers crossed for much more of this duo as the season winds down.


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Are there any tips for improving performance of Control Center and Design Center in Oracle Warehouse Builder? At the client side it is very slow to open and refresh Design center and control center and table/dimension/cube mapping deployments made to a remote database are also slow. Several users (<30) over the network are accessing OWB remote repository and make deployments to remote Oracle 10.2 DB using locally installed Design Center and Control Center.
Please suggest any performance optimization measures at Oracle DB level and at OWB level for the administrator.


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Website User Agreement
Copyright ©2009 Beaufort County Library
A Department of Beaufort County Government
Have you always wanted to learn how to make your own letters, cards, and labels on the computer? You are in luck- this crash course in Microsoft Word will cover how to change your fonts, paragraph alignment, and line spacing for documents.
Class is open to 10 students ages 18+.


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Celebrity Kids TwinsJen Genova and Andrea Zimmerman
Knox & Vivienne Jolie-Pitt 1 of 10Although we rarely see them (except from Mom''s balcony in Venice) these identical toddlers'' big blue eyes and soft smiles are the sweetest in Tinseltown.
Max & Emme Anthony 2 of 10Whether Marc & Jennifer's tots enjoy a day at the beach with Mom or show up on stage in mini-formal wear, these fraternal twins make a perfect pair.
The Gosselin Kids 3 of 10Their parents are a mess, but, as anyone that's ever watched their show knows, Jon + Kate produced quite possibly the cutest, sweetest, most matchy-matchy group ever. Let''s hope they stay normal.
Sasha & Malia Obama 4 of 10The fresh-faced first children, who look and dress refreshingly real, have brought a breath of fresh air back to the White House.
Sean Preston & Jayden James Federline 5 of 10Sean and brother Jayden James could almost pass for twins (they''re only a year apart), and are about the only good thing that came from Kev & Brit''s short-lived romance.
Henry & Johan Samuel 6 of 10Heidi Klum and Seal''s sons Henry & Johan are a photographer''s dream, whether decked out in colorful duds or rockin'' swimming trunks in the park.
Zoe Grace 7 of 10Dennis & Kimberly Quaid''s twins had a tumultuous early-life (as newborns, they recovered from a medical overdose), but now they''re as strong and super-cute in their double-strollers as ever.
Charlie & Dolly O'Connell 8 of 10Have you seen the twins'' "Got Milk?" ad with model mom, Rebecca? Bubbly, cuddly cuteness X two!
The Beckham Boys 9 of 10The creatively-named Cruz, Brooklyn, and Romeo look like a children''s ad — whether they''re donning Dad''s soccer jerseys or strolling the streets in matching coats with their stylish parents.
Willow & Jaden Smith 10 of 10With her infectious smile and Rihanna-inspired hairdo and his killer style (wonder where he got that from?), we expect this duo to become household names in no time.
Article Posted 6 years Ago


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Bomber Strikes at U.S. Embassy in Turkey
White House Calls Suicide Bombing That Killed a Guard a Terrorist Attack; Militant Local Leftist Group Claims Responsibility
ISTANBUL—The U.S. State Department, looking to deflect concerns over the safety of its overseas posts, said Friday's suicide bombing of the U.S. Embassy in Turkey showed adequate security measures had been taken, officials said.
A Turkish security guard was killed and several people were wounded in the early-afternoon blast in Ankara, the capital, in the first deadly assault on an American target in Turkey since 2008.
The White House immediately declared the attack the work of a terrorist, extending condolences to the family of the guard who was killed and to those injured. "A suicide bombing on the perimeter of an embassy is by definition an act of terror," said Jay Carney, the White House press secretary. "It is a terrorist attack."
Turkey's interior minister, Muammer Guler, said law-enforcement authorities had information the bomber was a member was a Turkish man in his 30s who had been previously jailed on terrorism charges and was a known member of the outlawed leftist group, the Revolutionary People's Liberation Party-Front, or DHKP-C.
In a statement on the website Halkin Sesi, which is affiliated with the group, DKHP-C said the attack was in retaliation for U.S. imperialism and Turkey's submission to American colonialism. The website, which translates as "People's Voice," also posted two photos of the alleged bomber, Ecevit Alisan Sanli. The site called on followers to go to the Black Sea province of Ordu in Turkey's northeast to attend Mr. Sanli's funeral.
The DHKP-C, which wants a socialist state and is vehemently anti-American, according to the U.S. National Counterterrorism Center, is listed as a terrorist organization by the U.S. The group has been relatively quiet in recent years, but has used suicide bombers in the past.
The alleged bomber came from Germany via Greek islands, according to Turkey's Anatolia news agency.
Mr. Sanli was jailed following his conviction in connection with a terror attack on a military recreational facility in Istanbul in 1997, and was released from prison in 2001, according to the Turkish Interior Ministry.
The attack comes against the backdrop of the deadly Sept. 11, 2012, assault on U.S. posts in Benghazi, Libya. In the aftermath of that attack, in which four Americans including U.S. Ambassador Christopher Stevens were killed, lawmakers faulted State Department security procedures, while officials there said Congress had cut its security budgets.
State Department spokeswoman Victoria Nuland said the fact that the bomber struck at a perimeter checkpoint showed the post in Turkey had sufficient protection. "The level of security protection at our facility in Ankara ensured that there were not significantly more deaths and injuries," she said. She said the checkpoint where the blast occurred was "far from the main building."
Two other guards were "shaken up" in Friday's attack, the U.S. official said, and a Turkish visitor was in serious condition. Several U.S. and Turkish staff members at the embassy were struck by flying debris and were released after treatment at an embassy clinic.
The Ankara blast occurred on Secretary of State Hillary Clinton's last day on the job. John Kerry is taking over as the chief U.S. diplomat, leaving his seat as a Democratic U.S. senator from Massachusetts. Mr. Kerry's staff was briefed as quickly as State Department officials received information, Ms. Nuland said.
Mrs. Clinton spoke by phone with Turkish Foreign Minister Ahmet Davutoglu and with U.S. Ambassador Francis Ricciardone, Ms. Nuland said. She also spoke with senior embassy staffers.
In addition to declaring the blast a terrorist attack, the State Department said the incident illustrates the need for congressional funding for improvements in diplomatic security. Ms. Nuland said that the Ankara post has been steadily upgraded over the past decade, but that it is a 1950s building due to be upgraded.
"Ankara is one of the posts that is due for a completely new embassy compound in the future, and it is one of the posts that will go on the lists if the department gets the money that we are looking from the Congress for security," she said.
Rep. Ed Royce (R., Calif.), chairman of the House foreign-affairs committee, said the bombing in Turkey is another reminder of the threat against U.S. interests abroad. "Coming after Benghazi, it underscores the need for a comprehensive review of security at our diplomatic posts," he said. "The committee stands ready to assist the State Department in protecting our diplomats."
Sen. Susan Collins (R., Maine), who was especially critical of the State Department over the Benghazi attack, said reports on Friday indicated that protective measures in place in Ankara succeeded in limiting deaths and injuries, and showed the importance of physical security standards.
"Unfortunately, it confirms in my mind ... that these were the kinds of physical security standards that should have been in place in Benghazi before the September 11, 2012 attack," she said.
In Turkey, Prime Minister Recep Tayyip Erdogan said the attack showed a need for international cooperation against terrorism and was aimed at disturbing Turkey's "peace and prosperity."
Analysts said early evidence suggested the attack bears little resemblance to the Libya assault. "This attack looks amateurish and not very well organized. It seems very different from the Benghazi operation," said Sinan Ulgen, a former Turkish diplomat in Istanbul, now at the Carnegie Endowment for International Peace.
Analysts said that militant leftist groups, although marginal, have mobilized against Ankara's cooperation with its North Atlantic Treaty Organization allies and Washington during the Syria crisis. Some 50 alleged members of the DHKP-C, including nine lawyers who have represented it, were detained in a recent police operation.
Turkish media reported that DHKP-C members in January assaulted German troops they mistook for U.S. soldiers who were accompanying a Patriot-missile battery in southern Turkey set to be deployed along the Syrian border.
"Although such groups represent a marginal political current, they could have an outsized impact. Iranian and Russian media have covered these incidents extensively in order to feed an anti-NATO slant and increase Ankara's political costs for supporting the Syrian opposition," said Soner Cagaptay, director of the Turkey Research Program at the Washington Institute, a think tank. "This narrative could spur further unrest in Turkey, amplifying perceptions of instability."
The U.S. moved its consulate in Istanbul to a safer location on top of a hill from a busy and cramped downtown district after a 2003 al Qaeda attack on the U.K. consulate a few blocks away. In four bombings during November 2003, the terrorist organization targeted two synagogues, the British consulate and the local headquarters of HSBC, HSBC 1.14 % killing 67 people.
In 2008, three Turkish nationals fired on the policemen outside the U.S. Istanbul consulate, killing three officers. All three assailants were shot dead at the scene. There was speculation that the attackers were al Qaeda members, but local authorities never confirmed that, saying only that they were terrorists.
—Peter Nicholas and Siobhan Gorman in Washington contributed to this article.
Write to Joe Parkinson at firstname.lastname@example.com and Emre Peker at email@example.com


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On all the SE pages, the blog link is marked with the "new" banner.
The blog is active for quite a long now, and I don't think it deserves the "new" banner anymore.
EDIT Thanks to the notes here, I realize that "new" means that there are new entries and not that the blog itself is new. Well, at least for me this distinction wasn't clear without additional clarification. Maybe changing this to count of entries in the past 24 hours will be more intuitive.


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Designer Spotlight: Mouette Mittens by Emily Ringelman
After a recent move from California to Delaware, Emily Ringelman realized that her supply of winter weather gear was severely lacking. (Can you say polar vortex?) So, as any knitter would do, Emily turned to her stash and picked out some Vintage DK to make a pair of "warm, non-itchy" mittens! Read more