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The E-Rate Honey Pot
When you grant access to a $ 4 billion fund and give fund participants relative autonomy in how they use those funds, ne'er-do-wells will sniff their way to the honey pot. Keeping them out can be a challenge. So goes the story of the federally administered Schools and Libraries Program, better known as E-Rate.
Established by the Telecommunications Act of 1996, E-Rate is a federal subsidy that helps schools and libraries–particularly those in disadvantaged areas–pay for telecommunications services (e.g., Internet access). The program runs a $3.9 billion fund today.
Schools and libraries that want to take advantage of E-Rate simply need to follow the program's bid and approval process. Participants oversee the bidding process and choose their service provider. While participants are required to choose the most cost effective provider, there isn't much of a check on whether they actually do: they need only self-certify that they chose the most cost effective bid.
E-Rate participant autonomy has been a problem as the program regularly faces allegations of fraud and abuse. These concerns prompted a GAO study and senate hearings in the early 2000s. Former Rep. Jim Greenwood (R-PA) told the New York Times, "You couldn't invent a way to throw money down the drain that would work any better than this." After the GAO reported its findings (2004), U.S. Rep. Joe Barton (R-TX), Chairman of the Committee on Energy and Commerce, said, "Unscrupulous vendors … fleeced the program while underserved communities and telephone customers pay the price." Over the past decade, there have been a number of investigations and enforcement actions, resulting in civil as well as criminal penalties, including jail time for a few program profiteers.
Some noteworthy fleecing includes:
- The Atlanta Public School system misspent nearly $73 million in E-rate dollars giving contracts to vendors without requiring they go to the lowest bidder. The former technical director who ran the APS E-rate program, was sentenced to 37 months in federal prison for accepting nearly $300,000 in bribes from vendors.
- Puerto Rico wasted more than $100 million in program funds and its secretary of education was sentenced to three years in prison and fined $4 million.
- In the Chicago Public School system, some $8.5 million in equipment was stockpiled (better yet, the CPS and E-Rate were essentially paying twice for equipment that was never installed!).
- A company in the San Francisco Unified School District was required to pay $20.7 million in fines and restitution.
More recently, schools and libraries in the Chicago and New York City areas have been investigated for violating the competitive bidding process and taking E-Rate funds without actually providing E-Rate services. Those investigations are still underway, with dramatic raids last March.
Adding to the temptation for ne'er-do-wells are the millions of dollars left on the table in E-Rate funds each year. According to EducationDive, some $245 million in funds went unclaimed in 2014. It is almost hard to blame profiteers for seeking out what they perceive as free money, especially when they have so much control over the process.
There may be a lot of good intentions behind E-Rate. But in its current form and function, E-Rate is but one more example of a poorly administered federal funds that attract those able to game the system.
Keep It Short and Prosper
What a difference two words can make. Just ask the Center for Competitive Politics (CCP) or Americans for Prosperity (AFP), two organizations that filed separate lawsuits against the same defendant, California Attorney General Kamala Harris, over the same issue: whether Harris's office had the right to access the organizations' donor information. (The cases are Center for Competitive Politics v. Harris and Americans for Prosperity v. Harris.)
The plaintiffs' arguments in each case were basically the same: the state's request to access donor information would violate the first and fourteenth amendments of the U.S. Constitution. But there the similarities stopped: the CCP never got to trial, whereas the AFP did—and won! Was the CCP the victim of a miscarriage of justice? Nah. It all came down to two words: "as applied."
You know the saying "go big or go home?" Well, unfortunately the CCP did both: it tried to get the court to rule that Harris's probe of donor information would be unconstitutional for all organizations. The AFP took a different approach: it asked the court to call the probe unconstitutional "as applied" to the AFP alone.
The AFP's narrower approach enabled the court to provide relief without upsetting Harris's authority and potentially affecting thousands of other organizations. Courts generally hesitate to invalidate a state's actions when they can provide individual relief to the plaintiff instead. If the CCP had taken this course, it might have had a flying chance. But now it had the added burden of proving how the state's actions would adversely affect all organizations subject to the same request.
Meanwhile, the AFP coasted without having to prove any such thing. All it had to show was how the state's request had already affected the organization and could continue to do so. This was no fun task, though. Several individuals testified that they suffered reprisals, assaults, and even death threats due to their association with the AFP—a strongly conservative organization. Clearly, being publicly linked to the AFP could lead to serious fallout. For her part, Harris tried to argue that the state would keep donor information confidential, but the AFP was able to show how this had failed before, citing over one thousand instances of donor information being improperly disclosed on the AG's own website!
The AFP showed that the risk of scaring, and therefore discouraging, would-be donors was real. The chilling effect on individuals' freedom of association would be too steep a price to pay for a nominal benefit to the state.
It was a strong case—unlike the defendant's. Harris claimed that accessing donor information was in the state's best interest; reviewing the findings would help uncover potential irregularities tied to fraud, waste, or abuse. Maybe it would—but it doesn't pass the "exacting scrutiny" test, which requires states to protect their interests by the least restrictive means in situations like this. More importantly, Harris could not produce any evidence or testimony to corroborate her argument that access to donor information was important to state law enforcement. Although several state-employed investigators and attorneys took the stand, none could claim that they needed, or even used, donor information to do their work—and if they did need it, they could generally get it elsewhere. This evidentiary failure undercut Harris's arguments and called into question the state's overall scheme.
In the end, it was not a tough decision: with so strong a case by the plaintiff, and so weak one by the state, the court sided plainly with the plaintiff. It could have gone a step further and declared the state's actions broadly unconstitutional, but instead it judged the state's actions to be improper as applied to the AFP alone. This was a good idea, because Harris will have a harder time challenging the decision on appeal.
So the AFP trial didn't set a huge precedent for everyone—but that's kind of the point. If you're going to file suit, and there's a path of least resistance, take it. Those sweeping courtroom victories you see in the movies are rare. In real life, justice takes baby steps.
Data Privacy, Uncategorized, White-collar crime
This Man Is Dodging Wall St.
Rather than confront accusations of baseless zeal and prosecutorial overreach, New York federal prosecutor Preet Bharara would rather spend his energy dodging accountability.
In 2010, Bharara launched a crusade against Wall Street, prosecuting several hedge funds he suspected of insider trading. Highly publicized raids followed. In the wake of the financial meltdown, Bharara was hailed as a hero. A Time cover story proclaimed, "This Man Is Busting Wall St."
But many of those prosecutions went nowhere. A federal appellate court rejected the legal theory that the prosecutions were built on, and many cases were simply dropped. The SEC even agreed to return some of the money it had seized from several hedge funds.
This was cold comfort to people like David Ganek, the manager of Level Global—one of several hedge funds shut down by Bharara's inquisition. Even while the case was pending, Bharara all but acknowledged that he meant to shutter Level Global, without regard for the presumption of innocence.
Sadly, even when defendants are harmed by prosecutorial overreach, broad immunity doctrines make it nearly impossible for the wrongly prosecuted to get justice.
But Ganek's case involved more than just excessive zeal: the warrant used to raid Level Global depended on a false statement. A former employee of Level Global had told federal agents that Ganek did not know he was using information from corporate insiders, but the warrant application falsely said that Ganek did know. That gave Ganek a rare opportunity: federal agents can be shielded for overreaching, but there is no protection for lying.
Ganek sued officials from both the U.S. Attorney's Office and the FBI (Ganek v. Leibowitz), claiming that the use of the false statement to prosecute him had violated his constitutional right against unreasonable searches and his due process rights. In March, a federal judge ruled that Ganek's claim could go forward, rejecting claims of governmental immunity.
In most civil cases, overcoming this initial step is a big deal. It would allow Ganek to conduct discovery—that is, to investigate the facts behind his case by methods that can include obtaining documents from prosecutors and the FBI and depositions of federal officials under oath. This process can be extremely onerous—the cost of document production and the risks of laying bare a defendant's inner workings to a hostile adversary have forced many defendants into settling dubious lawsuits. In addition to uncovering misrepresentations tied to his own case, Ganek also could investigate the conduct of federal officials more generally and, perhaps, even the supervisory practices of prosecutors and the FBI.
In a typical case, there would be no way to avoid this except by an expensive settlement—likely including a premium for avoiding discovery. But this is no typical case, and Preet Bharara is no typical litigant. Although most of us in Bharara's position would have to wait until the end of a federal case before filing a single, final appeal, Bharara has relied on a narrow legal doctrine that allows him to appeal the court's decision immediately, based on his claims of immunity. As a result, the court has delayed discovery and other proceedings indefinitely. Instead of accepting the need for transparency and letting Ganek be made whole for his wrongful prosecution, Bharara's office will get a second bite at the apple by rearguing the issue of immunity in front of the U.S. Court of Appeals for the Second Circuit.
It is hard to imagine that Bharara will prevail on appeal—immunity does not cover outright lies by federal agents. Yet by belaboring a weak immunity argument, Bharara can postpone having to answer for the actions of his office for months, if not longer, while creating additional costs and burdens for Ganek.
This case goes beyond Ganek's personal quest for justice. Civil suits like this are important for holding public officials accountable and can provide a window into how they operate. Bharara's resistance sends a discomforting message: however merciless he may be towards his suspects, he should bear no consequences for his actions.
We'll see if Ganek can prove him wrong.
Federal Criminal Procedure, White-collar crime
Good News: The Feds Can't Freeze Your Assets to Stop You from Hiring a Lawyer
There are limits to what the government can take from you. The Supreme Court recently ruled that the Constitution forbids the government from freezing a defendant's "untainted" assets in advance of prosecution. The ruling is a significant victory for those caught in the government's crosshairs. It is also a significant victory for a traditional concept of justice, which prefers to err on the side of the accused over government agents.
In its decision in Luis v. U.S., the high court agreed with a criminal defendant who argued that her Sixth Amendment right to counsel was violated when the government froze assets unrelated to allegedly criminal behavior. Without access to those funds, the defendant would be unable to retain the attorney of her choice.
The Court considered the government's interest in preserving funds to pay restitution and criminal penalties, but concluded that a defendant's right to counsel is "fundamental," outweighing any interest the government mightultimately have: "[The government's] interests are important, but — compared to the right to counsel — they seem to lie somewhat further from the heart of a fair, effective criminal justice system."
In a 5-3 ruling, the Court based its decision on this balancing test, as well as on traditional understandings of common law, which distinguish between assets directly related to alleged criminal behavior and assets considered "innocent" or untainted. The Court found no legal precedent to authorize "unfettered, pretrial forfeiture of the defendant's own 'innocent' property." Moreover, the Court highlighted concerns that the government's position has no obvious stopping point and could erode defendants' right to counsel considerably.
Encroaching on the Sixth Amendment is but one of the several concerns posed by the government's growing love of forfeiture — it has become too handy of a tool in prosecutors' pockets — but it is perhaps the gravest concern, as it threatens an individual's ability to effectively defend him or herself. It puts defendants at a significant disadvantage: they want to obtain the best representation they can afford in order to defend themselves, but they may not be able to afford any if the government freezes all their assets in the hope of confiscating them after a conviction. They may be left begging friends and family to help fund their defense or relying upon overburdened public defenders to represent them. The government's tactic is the courtroom equivalent of inviting an opponent to a boxing match and then tying one hand behind his back.
The criminal defense bar has decried government's overuse of asset forfeiture for years. While the government has argued that pre-trial asset seizure is justified in order to preserve its ability to recover funds and penalties, the process has been used to try to deter behavior by making an example of people. Moreover, pre-trial asset seizure looks a lot like presumed guilt, as opposed to presumed innocence. The occasional constitutionally minded congressional representative has tried to curb forfeiture overuse through legislative initiatives, but these bills keep getting left to die in committees and subcommittees. It is nice to see some effective limits placed on the practice by the Court.
Justice Thomas, in a concurring opinion, took issue with Justice Breyer's opinion "balancing" the state's interest against individuals' constitutional rights. He argued the Sixth Amendment prevents the government from seizing untainted assets, period; there is no need to consider a balancing approach. But at least the plurality of the Court recognized that, when balancing the government's interests in the outcome of a case against the individual's right to adequately defend him or herself, you should err on the side of the individual.
If that means the state sometimes loses out on full satisfaction of a monetary judgment, that is preferable to defendants being prevented from mounting an effective defense. More wrongful convictions would result from that policy, and the seizure of a few more dollars from the truly guilty would be no consolation. If there is any question whether historically we have favored individual rights over the state's interests in criminal prosecutions, look only to the Bill of Rights. Justice demands that if anyone's hand is to be tied in the courtroom, it should be the hand of the government.
Even Bad Guys Have Rights
This article first appeared February 29, 2016, on FEE.org – you can access this version here.
Remember Martin Shkreli, the "pharma bro" notorious for raising the price of his company's life-saving drug by some 5,000 percent? Did you know he was recently arrested for securities fraud (completely unrelated to the drug hike)? It didn't take long for the Justice Department to go after the universally unpopular rapscallion.
Big government gets a bad rap for being inefficient, but it can cut to the chase rather swiftly when it wants to. In order to stop, or at least dramatically curb, behavior that goes against law or policy — or perhaps just opinion — government enforcement agents know how to employ a show of force and to make an example of someone they deem a wrongdoer. The punishment is public and can be severe.
Setting an Example
A recent show of force can be seen in federal actions against the dietary supplement industry. The industry has exploded in recent years, thanks in large part to the public's growing love for health and homeopathy. The popularity has, predictably, attracted moneymakers of both the scrupulous and unscrupulous kind.
The government wants to rein in the industry, so to set an example it has come down hard on one company. USPlabs was one of more than 100 makers and marketers of dietary supplements against whom the Justice Department announced it was pursuing civil and criminal cases. But the company had the unfortunate luck to become the government's example of what it can do to wrongdoers. Not only did the DOJ charge the company; it also indicted several of its executives and froze their assets — from investment accounts to homes to automobiles.
Do the Ends Justify the Meanness?
The government's heavy hand on USPlabs is the kind of crackdown you expect against organized crime or large drug rings. What were the criminal defendants at USPlabs alleged to have done? Not exactly Sopranos-level stuff: importing ingredients with false certificates of analysis and false labeling, misrepresenting the source and nature of product ingredients, selling products without determining safety, and continuing to sell products after they told agents they would stop.
If the allegations are true, the defendants' actions were wrong. But public arrests and asset seizure are extreme. How often do people accused of false labeling get perp walked? The DOJ's tactics look like shock-and-awe theater for the benefit of others.
If there is any doubt whether the government wanted to use its hard-line approach against USPlabs as an example for other companies, look no further than this statement by FDA Deputy Commissioner Howard Sklamberg: "The criminal charges against USPlabs should serve as notice to industry that if products are a threat to public health, the FDA will exercise its full authority under the law to bring justice."
In other words, makers and marketers of dietary supplements: beware!
So What?
You may think the Justice Department performed a public service by coming down so hard on Shkreli and USPlabs. Why should we care if the government crushes some scalawags and discourages others in the process?
What if the government's show of force comes at the cost of a defendant's due process rights? Shkreli has said that the feds targeted him because of the drug price hike, looking for anything to stop him. Now he's been fired and his company has filed for bankruptcy. That's a pretty high price to pay for being obnoxious.
While deterrence may be an acceptable basis for punishment, it doesn't justify punishment that exceeds the crime. Arresting executives and seizing their personal bank accounts, homes, and cars in an instance like this is excessive. More commonly in cases like USPlabs, prosecutors will settle with the company, levy a fine against it, require it to institute controls to avoid further wrongdoing, and perhaps require it to be monitored for a while to ensure controls are being observed.
Going after the individual executives as if they were Mafia kingpins goes beyond the pale. Freezing or seizing assets is something that prosecutors more commonly do when those assets are being used to carry out criminal behavior, or when there is a great risk those assets will be disposed of before judicial proceedings. Chances are slim that the executives in the USPlabs matter were planning on liquidating their family homes or cars.
Yet Another Slippery Slope
For those who think the government is on the right side in its show of force, ask yourselves whether the government isn't pursuing its initiatives (even reasonable initiatives like reining in fraud) a bit brutishly. Making an example of an alleged wrongdoer even before the wrongdoer's day in court harkens back to techniques used by conquerors in days of old who put heads on pikes to show the subjugated just who was in charge.
And what if the government decides to crack down on behavior not so clearly reprehensible? Say the government decides to put speeding in check by jailing a few folks going modestly over the limit. How many of us would feel safer?
Even when we dislike the targets of prosecutorial zeal, supporting justice is in our self-interest. When the government sets aside due process and proportionality to set an example of other would-be wrongdoers, they are sacrificing justice for the sake of regulatory expediency.
Normandie Casino Operator Pleads Guilty to Charges Stemming from Protection of High-Rollers
Despite the old saying "the customer is always right," the law places limits on customer service in the casino industry. Normandie Casino has found this out the hard way. The operator of the casino has agreed to plead guilty to charges that it violated anti-money laundering provisions of the Bank Secrecy Act, according to a Department of Justice press release.
Normandie Casino is one of the few remaining family-owned casinos in the country and one of the original card clubs in California. In the 1980s, the casino expanded its offerings and now features Seven-card Stud, Texas Hold-em, Five-card Draw, Blackjack, Pai Gow Poker, and Super 9, among other games and entertainment.
However, amid all these offerings, it appears the casino failed to consistently observe the banking regulations. Under the Bank Secrecy Act, casinos are required to take measures to prevent criminals from using the casino for money laundering. In particular, casinos must report transactions involving more than $10,000 by any one gambler in a 24-hour period.
Under the agreement with the Department of Justice, Normandie Club, which operates Normandie Casino, has agreed to plead guilty to two felony offenses. In the agreement, Normandie will admit that the casino used independent gambling "promoters" to locate high-rollers. Once the high-rollers were at the casino, high-level employees would help the high-rollers avoid transaction reporting requirements. Normandie would use the name of the promoter on the Currency Transaction Report, rather than the high-roller, and also structure the payments to make them appear to fall under the federal transaction reporting requirements.
Normandie has agreed to pay a $500,000 fine per charge, for a total of $1 million, plus the casino will forfeit the nearly $1.4 million it received in 2013 when failing to file accurate Currency Transaction Reports.
While the casino industry runs on making its customers happy, the casino must also do so within the bounds of the law. Gamblers may seek anonymity, but casinos cannot guarantee this to high-rollers who are making significant transactions.
Bank Secrecy Act, banking, casinos, DOJ, Jessica Feil, Normandie
DOJ uses White Collar Prosecution for Election-Season Rabble Rousing
Beating their chests and breathing fire to rouse the polity, the Department of Justice recently came out with an announcement as earth shattering as the sun rising. The DOJ proclaimed it has adopted new policies to prioritize the prosecution of individuals for white-collar crime.
Deputy Attorney General, Sally Q. Yates, was quoted in the New York Times: "It's only fair that the people who are responsible for committing those crimes be held accountable. The public needs to have confidence that there is one system of justice and it applies equally regardless of whether that crime occurs on a street corner or in a boardroom."
What's the hoped-for public response? Probably something like this: "And the crowd goes wild. Finally, after years of corporate executives sporting Teflon and sliding past investigators, the government is going to put its fist down and make the wrongly rich execs pay for their nefarious acts of fraud, insider trading, embezzling, racketeering, and tax evasion! "
But things look a little different in the actual world of white-collar criminal investigations and defense. In fact, prosecutors from the Southern District of New York and across the country are zealously prosecuting employees accused of white-collar offenses, and their companies are never shy about providing the backup data regulators request.. What's more, convicted offenders are often subject to penalties far exceeding their crimes, as U.S. District Judge Jed Rakoff noted in the 2012 sentencing of Rajat Gupta.
The fact of the matter is that the DOJ doesn't need to announce a new policy to go after individuals for white-collar crimes. The reality on the ground is we deal with employees being investigated and indicted all the time.
So why did Washington make the announcement? It sounds more like a PR stunt than anything else. Perhaps the Administration is gearing up for the next election cycle, which includes some obvious key elections. The DOJ wants to have a strong response to public outcries for accountability at the opportune time of impending regime change. In prior election cycles, administrations have taken some sort of hard stance on crime and punishment, whether it is increasing sentencing guidelines or messaging prosecutors about white-collar plea agreements.
From our viewpoint, it's a little hard to take the DOJ's new policy announcement at face value. We don't see any recent motivation (outside PR). However, it's also true that the wheels of Justice move slowly and this may just be a reflection from public dissatisfaction after the 2008 economic crisis, which saw corporations, but few Wall Street execs, held accountable. Regardless, we see the DOJ's announcement much ado about nothing.
U.S. Justice Department v. FIFA Executives and Others in Bribery Indictment
In an ironic twist, the U.S. Justice Department unsealed a 47-count indictment this morning charging nine present and former officials of the Federation Internationale de Football Association (better known by its acronym, FIFA) and five sports marketing executives with fraud, racketeering, bribery and money laundering. The guilty pleas of four individuals and two entities relating to these same allegations were also unsealed.
The indictment alleges that officials of FIFA, which controls the media and marketing rights to international soccer tournaments worldwide, received bribes totaling more than $150 million in connection with the award of those rights. The defendants also include sports executives alleged to have paid those bribes, and the indictment also charges that intermediaries were used to launder the proceeds of those bribes. The lead charge in the indictment is an alleged violation of the federal Racketeering Influenced and Corrupt Organizations Act (RICO).
At the request of U.S. authorities, Swiss authorities arrested a number of individuals in Zurich this morning where FIFA executives had gathered for the organization's annual meeting. The indictment was disclosed along with a Swiss investigation into mismanagement and money laundering associated with the award of the 2018 World Cup to Russia and the 2022 World Cup to Qatar. FIFA has stated that the award of those tournaments will not be reconsidered.
The great irony of the indictment is that this is about football – not "American football" but "real" football (what we Americans call "soccer") – the most popular sport on the planet. From a sports perspective, Americans are still newcomers to the game, though the women's national team has enjoyed perennial success, the men's national team has climbed in world rankings, and individual American players are becoming more commonplace on teams in the English Premier League and elsewhere in Europe. It is surely ironic for the U.S. to police a sport that struggles for attention at home.
But on the other hand, it should be no surprise to see a U.S. indictment that seeks to address corruption in FIFA that has been the stuff of rumors for years. The FIFA indictment is another example of how the United States projects not only military power but legal power overseas, using its robust Justice Department and court system to impose on the world the legal standard enshrined in its criminal laws. Given that the case is being prosecuted in the Eastern District of New York – where now-Attorney General Loretta Lynch previously served as the United States Attorney – the case may also signal something about Attorney General Lynch's approach to such multinational cases.
The Department of Justice presumably justifies this extraterritorial exercise because the defendants include several Americans and because FIFA includes component associations located in the United States; the alleged offenses therefore impact Americans as well as those overseas. To the extent this is true, that seems to be appropriate justification. But another question is how that exercise of power will be perceived outside of the United States. Is the United States helping to solve a problem that has dogged international soccer for years? Or is it meddling in matters that are largely outside of its borders and that should not concern it? As news of this morning's arrests and the unsealing of the indictment spreads, the world's reaction may answer those questions.
bribes, English Premier League, FIFA, football, Loretta Lynch, Racketeering, RICO, soccer, World Cup
Court Reins In Prosecutorial Overreach in Insider Trading Cases
In an effort to reinstate powers stripped from them by the Court of Appeals in U.S. v. Newman and Chiasson, prosecutors have sought a rehearing of the landmark Second Circuit decision which severely curtailed the scope of insider trading cases.
The case is one which has already seen a dramatic reversal, so it is perhaps no surprise that prosecutors are hoping for the tide to turn in their favor. In trial court, the jury heard evidence that financial analysts received insider information from sources at two companies, Dell and NVIDIA, disclosing the companies' earnings before those numbers were publicly released. The financial analysts in turn passed that information along to hedge fund traders Todd Newman and Anthony Chiasson, who executed trades in the companies' stock.
Those transactions earned Newman's funds approximately $4 million and Chiasson's funds approximately $68 million. The prosecution charged both defendants with insider trading based on the trades they made with early knowledge of the earnings reports. The trial judge instructed the jury that the defendants could be found guilty if they had knowledge that the information "was originally disclosed by the insider in violation of a duty of confidentiality." On December 12, 2012, the jury returned guilty verdicts for both defendants on all counts.
Newman and Chiasson appealed their convictions, arguing among other things that the prosecution had failed to present evidence that they had engaged in insider trading and that the trial judge improperly instructed the jury as to the level of knowledge required to sustain a conviction. Newman and Chiasson argued that the government must prove beyond a reasonable doubt not only that the information was originally disclosed by the insider in violation of the duty of confidentiality, but that the insider disclosed the information in exchange for personal benefit.
The Court of Appeals agreed with their arguments, and found that the government had failed to present sufficient evidence that the insider received any personal benefit from sharing the information, or that Newman and Chiasson had knowledge of any such personal benefit an insider received from sharing the tip.
The Second Circuit's December 10, 2014 opinion clearly lays out the requirements for "tippee liability," that is, liability for one who received a tip originating from a corporate insider:
(1) The corporate insider was entrusted with a fiduciary duty; (2) the corporate insider breached the fiduciary duty by (a) disclosing confidential information to a tippee (b) in exchange for personal benefit; (3) the tippee knew of the tipper's breach, that is, he know the information was confidential and divulged for personal benefit; and (4) the tippee still used that information to trade in a security or tip another individual for personal benefit.
Based on this standard, the Court of Appeals concluded that "without establishing that the tippee knows of the personal benefit received by the insider in exchange for the disclosure, the Government cannot meet its burden of showing that the tippee knew of a breach."
The opinion also issued a stern rebuke of "recent insider trading prosecutions, which are increasingly targeted at remote tippees many levels removed from corporate insiders." This admonition could be fairly interpreted as being directed toward Manhattan United States Attorney Preet Bharara, who has been aggressively prosecuting Wall Street insider trading cases and has obtained approximated 85 convictions so far. Mr. Bharara issued a statement saying that the decision "interprets the securities law in a way that will limit the ability to prosecute people who trade on leaked inside information."
The court has yet to rule on the prosecution's January 23, 2015 request for a rehearing of the case. Until any modification is issued, the Newman ruling remains the controlling law of the Second Circuit and it will affect other cases. Already, at least a dozen criminal defendants in the Southern District of New York have cited to the case in requesting to overturn their conviction or vacate their guilty pleas.
For instance, soon after the Second Circuit issued its ruling in Newman, a federal judge in Manhattan vacated the guilty pleas of four men charged with insider trading related to IBM: Daryl Payton, Thomas Conradt, David Weishaus, and Trent Martin. Instead of bringing the case to trial, the prosecutors instead asked Judge Andrew Carter to dismiss the indictment. However, the prosecutors indicated that if the Newman decision is altered on rehearing or appeal, they might consider bringing the charges again. Appeals of previously convicted defendants will likely remain on hold pending the court's decision on the requested Newman rehearing. Regardless of the outcome on rehearing, the Newman decision is a strong indication that courts are making a concerted effort to rein in prosecutorial overreach.
Even Governors Go To Jail
Photo Credit: Steve Helber, AP
This afternoon, the long-running saga of Robert McDonnell came to what may be the end (not counting appeals) when the former Virginia Governor was sentenced to serve two years in prison after a jury convicted him of bribery while in office. As with many cases, this one has lessons to teach for those of us who carefully follow sentencing advocacy in federal criminal cases.
One lesson that we have observed before – but is worth repeating – is how powerful it can be to present a sentencing judge with written or spoken testimonials about the otherwise good character of the defendant. In the presentence report, the Probation Department had recommended an advisory sentencing range under the U.S. Sentencing Guidelines of more than ten years, though the judge concluded that the proper advisory range was 6-1/2 to 8 years. But the defense presented some 440 letters in support of the former Governor, as well as live testimony from a number of witnesses. Even the Assistant United States Attorney, who asked for a harsh sentence to be imposed on Mr. McDonnell, conceded that the letters and testimony were moving.
That, of course, is the point: When a criminal defendant – especially one convicted by a jury that rejected his testimony – comes before a judge for sentencing, all that the judge knows about him is that he has committed a crime. Letters and testimony help the defense to present the judge with a three dimensional human being, and facilitate the judge's fuller consideration of the imposition of a fair and just sentence. In the case of Rajat Gupta, Judge Jed Rakoff was moved by the letters of hundreds of supporters to sentence him to a two-year sentence despite prosecutors' calls for a sentence of ten years in prison. Here, Judge James Spencer was likewise motivated by evidence of Mr. McDonnell's character to find that a sentence of eight years "would be unfair, it would be ridiculous, under these facts."
But there is also a second lesson to be learned from Mr. McDonnell's sentencing, and it is also one that is often repeated: No one is above the law, and indeed, we may hold our public officials to a higher moral standard in their conduct. Judge Spencer's comments at sentencing reflected this view: "A price must be paid," he said. "Unlike Pontius Pilate, I can't wash my hands of it all. A meaningful sentence must be imposed." For that reason, among others, Judge Spencer rejected defense lawyers' calls for a non-incarceration sentence that they had suggested, which could have included thousands of hours of community service.
Federal Sentencing, White-collar crime


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Wendi Hunter purchased this townhome in 2009
I so love it here. The private beach is the BEST!
We have a private beach club that is so much fun, there are discounts on golf, spa and tennis as guests of the resort and it's just so much fun there. Our pool is the best, nice spa and exercise room too. Or go to the Mauna Lani Sports and Fitness Club at a reduced daily rate and enjoy fitness classes, the lap pool, and much, much more! Not a big party place...more low key for golfers and people who come to enjoy the outdoors. Palm trees waving in the breeze and green, green grass with flowers blooming everywhere.
Hi Wendi,
You have a beautiful place there and it was perfect for our vacation! We had a great time and enjoyed coming back to the condo after a day of fun.
Nicely appointed.
Great location.
Very nice place, clean, well-equipped. The Fairways is an excellent location, very close to the Fairmont Orchid hotel, and also a short distance from the Mauna Lani shops with the good restaurants and the well-stocked grocery store.
This home was clean and beautiful. I felt right at home as did my husband and two small kids. The kitchen was nicely stocked and for things I didn't have, Foodland Farms was just minutes away and a very good little grocery store. In the same complex was a some shops (HIC surf shop, Ruth's Chris, Kimobean Hawaiian Coffee, a 4D experience (good distraction for the rainy day!)). W/D was very nice to have. They had beach towels, sand toys, beach chairs. Loved this home, would definitely recommend to my friends (I already have actually). Mahalo Wendi and Larry. Your aloha was truly appreciated!!
This was my first time renting a vacation home. Great experience! Beautiful condo and location. Very clean and spacious. Close to shopping and restaurants. Larry was very kind and helpful.
I will be back.
Mahalo Wendy and Larry.
This was our 6th trip to Kona and we loved Wendy's condo. We've stayed in Fairway Villa's before and this unit didn't disappoint. We liked the upstairs/downstairs design for kids down, parents up. Location was solid with a short walk to the pool and easy in/out of the complex. The unit is well stocked with beach towels, chairs/umbrella/boogie board for Hapuna too. We are big fans of the kitchen and Viking grill as well. Larry was responsive as always and welcomed us with open arms. We'll be back!
My husband, 9 year old son and I stayed there in March 2016. It was impeccably clean and very spacious. We especially loved the pool in the complex there -- it was much bigger than I expected. It looked about 25 meters across and includes a small wading area for toddlers and a hot tub area. In the garage, there were a few folding chairs for the beach, a mat, some kids' sand toys and a boogie board. The washing machine and dryer in the townhouse are large and look quite new. The kitchen was well stocked. There were fans in the bedrooms and living room or you can use the air conditioning. We also liked that the area is gated and off on its own so that our son could go outside and play with other kids without us worrying.
About a 10 to 15 minute walk away is a small strip mall which includes Foodland for basic groceries and a few clothing shops and restaurants. They have free Hawaiian dance shows twice a week. If you drive about 5 minutes away, you can access Kings and Queens Mall. We also went to a couple of beaches nearby. It's about a 30 minute walk to get to the beach at the hotel next door -- a very hot walk as it doesn't have much shade. I would recommend driving to the beaches in the area.
Overall, we had a great stay and appreciated having so much space. Anytime we had questions, there was someone available to help us too. The place is efficiently run, beautifully kept and we would stay there again if we went back to the Big Island.
|Rate Period
|Weekend Night
Christmas/New Year
Dec 15 - Jan 15
5 night minimum stay
My Standard Rate
5 night minimum stay
|Refundable damage deposit
|Tax Rate

subset: commoncrawl


text:
by Stephanie Zonis
4 to 4-1/2 cups, about 8 servings
Hey, what are you laughing at? Have you tried this? If you had, you'd be too busy eating to laugh. Tapioca pudding is an old-fashioned dessert that's gotten some mighty bad press over the years. This version is made with quick-cooking tapioca (I use Minute Brand) and bittersweet chocolate. It's rich and not too sweet. When warm or freshly made, it's soothing and creamy; if it stands longer, it becomes more spongy and less creamy in texture, but it's delicious either way. This will keep in the refrigerator for up to four days, if tightly covered, but it doesn't freeze. If you like, serve with lightly sweetened whipped cream.
2 eggs, graded "large", separated
1/2 cup plus 1 Tbsp. granulated sugar, divided
2 cups whole milk
2/3 cup heavy cream
4 Tbsp. quick-cooking tapioca
Pinch salt
4 ozs. good-quality bittersweet chocolate,
chopped medium-fine
1 tsp. vanilla
Place egg whites in small bowl; set aside. Measure out 1/4 cup of the sugar; set it aside near the egg whites (reserve remainder).
In small cup, beat egg yolks with small amount of milk until well-mixed. In 2 to 2-1/2 quart heavy-bottomed, non-reactive saucepan, combine reserved 1/4 cup plus 1 Tbsp. sugar, milk, yolk mixture, cream, tapioca, and salt. With large spoon, stir well to combine. Allow to stand for 5 full minutes (do not omit this step).
After 5 minutes, with hand-held electric mixer or egg beater, beat whites till very foamy. Gradually add 1/4 cup sugar, beating after each addition, till soft peaks form. Set aside near stove (do not wash beater(s) yet).
Add chopped chocolate to tapioca mixture. Set over medium heat. Stir constantly just until mixture reaches a full boil (mixture will thicken slightly, and any flecks of chocolate should disappear when full boil is reached). Remove from heat. If necessary, quickly re-beat whites to soft peak stage. Quickly stir whites thoroughly into hot tapioca mixture. Add vanilla. Allow to stand at room temperature 20 minutes. Stir again. Spoon into large bowl, individual bowls, or wine glasses. Eat warm or chill (tapioca will thicken considerably when cold). If you wish, place plastic wrap directly on surface of warm tapioca to prevent the formation of a "skin".
Current I Love Desserts
I Love Chocolate Archive
Copyright © 1999 Francesca Chocolate Productions. All Rights Reserved.
Stephanie Zonis provides the above information to anyone, but retains copyright on all text. This means that you may not: distribute the text to others without the express written permission of Stephanie Zonis; "mirror" or include this information on your own server or documents without my permission; modify or re-use the text on this system. You may: print copies of the information for your own personal use; store the files on your computer for your own personal use only; and reference hypertext documents on this server from your own documents.
This page created January 1999
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text:
This new night specialising in underground house sounds launches at a hip art gallery near London Bridge, with the aim of bringing back the pure party vibe of times gone by. Soundtracking the fun by spinning quality under-the-radar house will be Lee Gardner, Aris Da Katt, Grant Bungey and Daniel Barnsy.
|Event website:


text:
Grreat Choice® Flavorful Treats Chicken Cat Treat
Made with wholesome ingredients, Grreat Choice Chicken Cat Treats are a great way to give your cat a delightfully tasty treat. With a crunchy exterior and a soft center, these morsels are sure to keep your cat purring. Only at Petsmart.
Features: Textures she can purr about!
Food Type: Cat Treat
Food Consistency: Crunchy Shell, Soft Center
Flavor: Chicken
Primary Ingredient: Chicken By-Product
Package Weight: 3 oz
Feeding Guidelines:
Recommended for cats and kittens over 9 months of age.
Feed 10—12 treats per 10 pounds of your cat's body weight. Serve as a treat, not food. Always provide fresh drinking water for your cat. Wash hands with soap and warm water after handling
Chicken-By-Product Meal, Barley Flour, Tapioca, Rice Flour, Chicken Fat, Natural Flavors, Lecithin, Brewers Dried Yeast, Dried Whey, Salt, Pork Fat, Glucono-Delta-Lactone, Phosphoric Acid, Choline Chloride, Taurine, Mixed Tocopherols (Preservative), Sorbic Acid (Preservative), L-Ascorby-2-Polyphosphate (Source Of Vitamin C), Magnesium Oxide, Vitamin E Supplement, Potassium Chloride, Ferrous Sulfate, Niacin Supplement, Zinc Sulfate, Riboflavin Supplement, Manganese Sulfate, Vitamin B12 Supplement, Sodium Selenite, Thiamine Mononitrate, Vitamin A Acetate, Vitamin D3 Supplement, Pyridoxine Hydrochloride (Source Of Vitamin B6), Copper Sulfate, Folic Acid, Rosemary Extract
Guaranteed Analysis:
Crude Protein (not less than) 30.0%
Crude Fat (not less than) 16.0%
Crude Fiber (not more than) 4.0%
Moisture (not more than) 12.0%
Caloric Content:
(calculated): 3,820 kcal/kg ME
Now: $ 19.28
$ 8.99
$ 17.99 to $ 19.99
$ 1.99 to $ 3.29
$ 1.99 to $ 3.29


text:
Product Description
Passenger Side Rocker Panel Molding for all 1967-1968 Mustangs.
If you're almost done restoring your 1967-1968 Mustang, you might be looking for some final parts to give your Pony's exterior a nice and finished look. And if that's the case, then you definitely want to take a look at this Passenger Side Rocker Panel Molding!
This molding runs along the exterior of your Mustang just below the passenger side door, and it's a beautiful and eye-catching reproduction of the original part. You'll find it's the perfect way to finish off your vintage Mustang and make it stand out from the rest of the crowd.
Please Note: This rocker panel molding does NOT include mounting clips.
*This rocker panel molding is for the passenger side only. If you want rocker panel molding for the driver side, please see R67L.
CJ Pony Parts' body and sheet metal will allow you to repair damaged parts of your Mustang or style your Mustang to have the perfect look to impress anyone who sees it!
Order Passenger Side Rocker Panel Molding for your 1967-1968 Mustang from CJ Pony Parts today!
Similar Mustang PartsMore Mustang Parts
Installation Instructions
Difficulty: Moderate
Product ReviewsWrite a review
Product Questions
What are the dimensions/width of the trim pieces?
You Might Also Like
From: /** Note: This is used for related configurable parts to properly display price w/o regular price */?>CJ's Low Price:$50.99
/** * Cases for simple product that is not on sale */ ?>CJ's Low Price:$50.99
/** * Cases for simple product that is not on sale */ ?>CJ's Low Price:$15.99
Regular Price: $77.99
Special Price: $58.49
Regular Price: $77.99
Special Price: $58.49


text:
Luxembourg (3461 items)
Welcome back! Whilst you were away we added the functionality to view auctions and bid in pounds.
Luxembourg: Information on the Catawiki site about Vereningd Europe (3), 1951.
At its heart, Catawiki is an online catalogue with images of, and information on, collectibles. Our catalogue is compiled by users in a similar way to Wikipedia.


text:
Regional Europe United Kingdom England Devon Holsworthy Business and Economy
This category is for websites that are related exclusively to business and economic activities with an address in the area, including individual businesses and institutions and professional bodies. Businesses which also have branches in other localities should be submitted to a category which includes all of those localities, for example Devon. Businesses related to travel and tourism, including accommodation, should be submitted to the Travel and Tourism category.
Related categories 1
Sites 16
Allied Drinks Devon & Cornwall Limited
Suppliers and installers of bean to cup espresso machines and freeze dried instant coffee vending machines. Includes illustrated descriptions, services and contact information.
Alphea Environmental Services
Environmental services in Hertfordshire including structural and surface cleaning, food premise cleaning and drainage maintenance.
Ashmead Training Ltd.
Telecom and Datacomm training company. Providing private and public courses on UMTS, GPRS, GSM, VoIP, ADSL, SDL, IP V6, ATM, SDH, SS7 technologies and others.
Bay of Bengal Tandoori
An Indian restaurant with takeaway and home delivery service. Features menus, wine list, special offers and directions.
Suppliers of sportswear and designer clothing. Local outlet and online ordering.
KJ Bromell
Conservatory and double glazing suppliers. Profile, product range and location with information about trade supplies.
The Little Wool Company
An online knitting yarn and wool shop with help, news, calendar and contacts.
Medical Communications (UK) Ltd
Services offered include medical writing, poster preparation, education, symposium coverage and medical marketing materials.
Phil Szaniszlo
Carpenter working in traditional oak framing and hardwood floors, for bespoke kitchens to log buildings. Includes profile, project gallery and contacts.
Pop Up Bar Company
Offering versatile and adaptable mobile bar hire for any size event throughout Devon and Cornwall. Overview of packages and contacts.
RS Design
Offer print and website design service, from small information sites to dynamic database development. Includes profile, portfolio and contacts.
Ruby Country Deer Management
Specialists in deer management, culling deer, and controlling damage caused by deer. Includes a gallery, free consultation and contact details.
The Rydon Inn Gastro Pub
Aims to provide a more contemporary and satisfying dining experience than the traditional 'pub grub'. Includes menu, wine list, facilities for weddings and directions.
Trewin Design Partnership
Architects and surveyors specialising in rural architectural rural work, expertise in housing, education, workplace and cultural projects. Includes profile, portfolio, and contacts.
Tuscan Foundry Products
Offers traditional cast iron drainage, heating and glazing products. Includes catalogue with product descriptions and shopping cart.
Wild Cuisine
Film and TV location catering specialists. BBC approved caterers. Located at Pyworthy.
Last update:September 19, 2016 at 20:19:08 UTC
All Languages


text:
Welcome to the Lifetime Fitness Program!
The Lifetime Fitness Program (LFP) is pleased to partner with Osher Lifelong Learning Institute (OLLI) and extends discounts to OLLI members. LFP is sponsored by the Department of Kinesiology and Community Health at the University of Illinois at Urbana-Champaign.
Mission and Purpose:
The program's primary emphasis is to provide opportunities for:
- structured group or individualized fitness activities;
- cognitive understanding of the principles and techniques of fitness activities;
- a supportive, non-competitive atmosphere;
- a pool of research subjects for study of selected aspects of physical activity and health for adults;
- an avenue for continued adherence to a physically active lifestyle after completion of exercise intervention studies within the Department of Kinesiology.


text:
Comedy, Kids & Family, TV & FilmFollow
Nickelodeon is the place for kids of all ages. And like kids, we never stop growing and changing. So you can look forward to new shows, exciting on-air events including the Kids' Choice Awards, and new episodes of your favorite series like SpongeBob SquarePants, Dora The Explorer, Big Time Rush, Victorious, Yo Gabba Gabba, Degrassi and more! Check out Nickelodeon content within the iTunes store.
April 20th, 2012
Episode 266 of 332 episodes
Catch brand new episodes of The Legend of Korra, Saturdays 11/10c!
You'll need to sign in to write a comment.
Welcome to the daily audio workout for your head.


text:
Skip to comments.Rep. Gowdy tells the IRS why destroying evidence is bad
Posted on 06/24/2014 6:56:46 AM PDT by don-o
The trick to keeping up with Obama scandals is to avoid letting todays history-shredding world-in-flames foreign-policy disaster distract you from yesterdays crisis of administrative incompetence and bureaucratic looting at the VA, or the abuse of power at the IRS before that. Its interesting how the concept of scandal fatigue only bubbles from the medias imagination during Democrat Administrations. Under Republicans, they link all the scandals together into a narrative, where they reinforce each other; a straight line would be drawn from Obama laughing about the lack of shovel-ready jobs in his trillion-dollar stimulus to Obama trying to wave off the VA scandal, or his White House pushing the myth about rogue low-level employees in Cincinnati being responsible for the IRS targeting of conservative groups.
But Obamas press has grown, at worst, slightly exasperated with the endless cavalcade of ineptitude and fishy behavior pouring out of his White House. They let each new scandal reset the game board and erase whatever came before. Six years in, with Obama cratering in the polls, theyre starting to write stories about how exhausting all the Congressional hearings and searing agency audits are.
(Excerpt) Read more at humanevents.com ...
Spammin your thread.
This mornings IRS hearing is live now. White House attorney and an archivist from the National Archives and Records Administration to testify.
I would like to thank South Carolina for sending Mr. Trey Gowdy to us.
Dear US House of Representatives:
Pay attention to Mr. Gowdy. This is how an AMERICAN behaves.
Wait until he begins his Benghazi investigation. Then he will really see how this administration shamelessly destroys evidence, lies and coerces witnesses.
Gowdy kicked some serious IRS butt. Compare & contrast to Issas' questionings. Discuss. I've been pointing this out: Amateur lawyers (Issa) destroy their cases by arguing nonlinearly, nondirectionally, nonconclusively.
You want that speechless pause at the end of the questioning. That's when you know.
In MY dinky little job, I can't even ARCHIVE data, much less DESTROY records at my own discretion.
It has to go to God and all his disciples before we get the OK to remove data... anywhere!!!
Well said!
Issa , Mike Rogers and Boehner all talk the talk, but refuse to walk the walk, they are not good for America.
They all whine and moan about being stonewalled by the Commie Obama Administration, but NOTHING effective happens, except for the formation of the Benghazi Committee under Trey Gowdy.
The House RINOs had their chance for OVER FOUR YEARS and have done NOTHING, proving that they are not good for America, PERIOD!
It is time to mow down the not good in the House, ASAP!
Gowdy for president!
Seems they would want to question the IT people to confirm the crash.
I'm reminded of what Jimmy Hoffa said about the Watergate Tapes.
He said if he was the President he would burn the tapes and tell the investigators to get used to it.
Gouty kicked his a$$!
Lois Lerner took an ax
and gave her hard drive forty whacks,
and when she saw what she had done,
she gave six others forty one.
And yet some backups did exist,
so carefully she made a list.
So when she found them, she was not slow,
To give those too the old heave ho.
The important point Gowdy was making is that if evidence is under subpoena, and it gets destroyed, then a jury can infer that the evidence would have been detrimental to the person who destroyed it, and use that inference in deciding the case. Not only is it a bad idea, it can be a separate CRIMINAL charge. It looks like it took Koskinen a while to understand Gowdy's explanation.
Great. Copied to Live Thread with a ping.
this is the tipping point.
At the very least there had better be a special prosecutor appointed to this case, or I don't think the USA can survive. If they get away with this, there is no end in sight in abuse of power. It will continue, get larger, more abusive....
The abuse of power, and the abuse of citizens has exploded and it must be stopped somehow. The ultimate answer is for the House to stop funding the abusers. But I am not holding my breath.
There are a bunch of people in America that need to be slapped out of their slumber with regard to the "ruling class" and their abuses of power over "the governed", whom are supposed to provide consent to the governors.
RE Lindsay:
In the grand scheme of things, I think Mr. Gowdy's capacity to cause the other side damage outweighs Lindsay's fecklessness.
We'll see how it turns out. I think Mr. Gowdy would make an excellent President.
he does!
Trey Gowdy for President!
How can the same state send us both him and Linda?
On YouTube, look for "Gowdy Koskinen".
Wrt immediate result, keep in mind that Gowdy has not been prominent in the IRS hearings, rather he has been appointed hatchetman on the Benghazi hearings. I *think* he may have conducted a round of Q's on the IRS several weeks or even months ago....but that was before this utterly ridiculous "every hard drive we have crashed" piece of stupidity. Otherwise it's been Issa = amateur lawyer.
Difference = gargantuan. This only happened yesterday.
I wrote Issa and told him to quit being a pretend lawyer and get Gowdy on it. In my imagination, maybe it did some good.
I completely concur with your take that "nothing is happening" in these hearings, and I share your impatience. But....all I can say is, if you've seen any Issa questionings, go look at Gowdy ream this guy good. It will warm your heart, LOL.
My congressman (Walberg) nailed the Archivist to the wall. He asked if he knew that federal agencies are required to report lost or destroyed records to the National Archive. The Archivist said yes.
Walberg. So the IRS broke the law by failing to report to you?
Archivist. I'm not a lawyer.
Walberg. Did the IRS comply with the law?
Archivist. No.
This mfer is guilty as sin.
You really have to be diligently practicing your victimization chops to try to gain victim status for the IRS. That's a new one on me.
Start threatening these pukes with real prosecution, jail, no bail, trial (plea bargain for higher ups) prison and loss of pension...start with the commish and Lerner and keep going...scorch those smug liars...then overhaul the IRS..purge all upper management...they are there to collect tax revenues...not to politically attack legitimate citizens.
Start threatening these pukes with real prosecution, jail, no bail, trial (plea bargain for higher ups) prison and loss of pension...start with the commish and Lerner and keep going...scorch those smug liars...then overhaul the IRS..purge all upper management...they are there to collect tax revenues...not to politically attack legitimate citizens.
Don't only do the IRS. This stuff is going on everywhere: EPA and HHS to name just a few — but every agency is doing it. Congress needs to impeach corrupt members of the administration now. Until that happens, we will only get more of this behavior.
The should also cut the purse strings now! How can you trust them with the money?
But, it is all theater....Republicans don't have it in them despite a few in the minority.
Ain't nuffin' gonna happen as long as Holder's running the DoJ. Then again, I'm sure that O'Blamer would find another crony (Kamala Harris?) who would be just as bad.
Ain't nuffin' gonna happen as long as Holder's running the DoJ.
The House can act without going to the DOJ. Impeachment. Funding. House controls it, and they need to act.
But they won't.
What a bull dog and has his facts all lined out and meticulously pulls the layers back throughout his questioning.
If he is on it...bet'cha someday, someone will take the fall for all this IRS crap.
I'd like to see him as Attorney General. After Holder leaves, we're going to have to have a complete overhaul of the "Just Us" Department. and Gowdy's got the personal courage to make the necessary changes.
> The ultimate answer is for the House to stop funding the abusers.
There is an actual 15% cut in next years budget...
"There is an actual 15% cut in next years budget..."
Now wait a minute, is it a cut in the increase? A cut to the parasites? Cut to defense?
"I would like to thank South Carolina for sending Mr. Trey Gowdy to us."
You are so right, if we had a few more Trey Gowdys and Ted Cruzs, maybe we could get things done and get back on the path we should be on.
I'm opting for "both of above". The testimony amounts to "sure, we destroyed the evidence you subpoenaed. So what?"
Gowdy is amazing.
Love the Pit Bull attitude he's got when dealing with these criminal folk in the alphabet agencies.
That was great! Did you come up with it?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.


text:
January 30, 2013
InterContinental New York, Times Square, is partnering with LVMH-owned shirt maker Thomas Pink to offer a Valentine's Day package aimed at men that includes a consultation at the British brand's Madison Avenue flagship store.
The package includes a personalized shopping trip for men to purchase an outfit to wear during the evening with a significant other. Quite a few luxury hotels have partnered with retailers to cross-promote their services during a certain holiday.
"Offering a package targeted to men is a unique marketing approach," said Tiffany Dowd, luxury hotel inspector and president at Luxe Social Media, Boston. "With so much attention on Valentine's Day around women, this strategy offers men something feel-good for themselves.
"Luxury hotels do not need to be gimmicky during Valentine's Day to provide a special evening or getaway," she said. "Bespoke services and unique value-added promotions can make this holiday exceptional and memorable."
Ms. Dowd is not affiliated with InterContinental, but agreed to comment as an industry expert.
InterContinental New York was not available for comment before press deadline.
Color of the season
The "Pink Valentine's" experience is available Feb. 14-16.
The package includes overnight accommodations and a shopping experience with a Thomas Pink consultant that is followed by a cocktails and small plates at on-premise restaurant Todd English's Ҫa Va. It starts at $361 per night.
InterContinental New York
Upon arrival, the shopping trip is coordinated by the hotel's concierge.
Men will receive a private consultation at the Madison Avenue flagship store. They will be measured for a shirt and will be guided to choosing the right fit and color for them.
There will also be an opportunity to shop the entire collection and create a custom wardrobe. Guests will receive a gift with the purchase of a shirt.
In addition, one shirt will be pressed and delivered to the guest in his hotel room to wear that night.
Thomas Pink spring 2013
The Valentine's Day dinner for two at Ça Va consists of Manhattan Martinis served with items from the small plates menu.
Ça Va
Guests can also arrange other services through the concierge.
InterContinental New York is raising awareness for the package to guests through its in-house channels such as its property-specific Facebook page.
Perfect match
Other luxury hotels have partnered with apparel retailers recently to create tailored New York shopping experiences.
For instance, Barneys New York and Mandarin Oriental partnered to market a contest that gave a mother-daughter pair the chance to win a brand-oriented getaway package to raise awareness for the retailer's products and the hotel's spa services.
The prize comprised a stay at the hotel, a spa package, lunch at a Barneys eatery and two $500 gift cards from the retailer.
Both marketers used their location-specific Facebook and Twitter pages to push the contest among their followers (see story).
In addition, New York-based department store Bergdorf Goodman and hospitality group The Leading Hotels of the World partnered to offer affluent consumers a holiday shopping package at four Manhattan hotels.
Consumers can book the two-night Bergdorf Goodman Shopping Package through Jan. 31 that includes a shopping and dining experience (see story).
Luxury hotel marketers can tap the reputation of a retailer to up their own status during a holiday season as well.
"Thomas Pink is known for being elegant and stylish with a focus on attention to detail," Ms. Dowd said. "It is a good fit for a luxury hotel brand like InterContinental to be aligned with such a brand."
Final Take
Tricia Carr, editorial assistant on Luxury Daily, New York
Like this article? Sign up for a free subscription to Luxury Daily's must-read newsletters. Click here!


text:
Safe Online Payments
Lonavala to Chembur Bus Service
|Number of buses :
|Starting Fare :
Lonavala to Chembur Bus Distance
|Time taken :
|1 hour 35 mins
|Total operators :
Long journey by bus from lonavala to chembur is made effortless by redBus, one of the eminent bus ticketing platform fulfilling most of the travel requirements. Numerous operators run their buses in this route creating ample amount of convenience for many people in India. Secured online ticket reservation process and easy booking techniques help every traveler to undergo smooth booking.
If you are also looking for return checkout, please ensure to checkChembur to Lonavala Bus Tickets.
A number of prominent operators ply buses from lonavala to chembur ensuring punctuality and safety for its passengers. Major operators offering disparate kinds of bus services are,
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Various types of buses serve from Lonavala to Chembur ensuring safety and comfort for travelers, a few buses services are:
You can now book route tickets from lonavala to chembur at redBus.in. Apply time to time redBus offers on online bus ticket booking. Make some money and memories too!
It was worst experience with Redbus.in...As the ROYAL EXPRESS was concerned..the AC of the Bus was not working...the bus was on time..the conductors and driver are non corporating...will never use redbus.in for booking any of my yravelling tickets


text:
- Inside The Park
- Calendar
- Plan Your Visit
- Park Information
- Travel
San Diego, CA
Most of the cultural institutions in Balboa Park offer tours of their own collections. To experience Balboa Park, we recommend the following tours:
A fascinating two-hour audio tour of the Park can be purchased at the Balboa Park Visitors Center. There is an adult and child version of the tour, which covers Park history, architecture, horticulture, cultural attractions--all created by experts in the field.
There are also free tours offered throughout the week that meet at and begin from the Balboa Park Visitors Center located in the historic House of Hospitality on El Prado walkway. The Balboa Park Visitors Center is open daily from 9:30am -4:30pm.
Led by The Committee of 100, these tours are offered on the first Friday of each month at 10:00am.
Step back in time and experience one of the most engaging places in Balboa Park: the historic Botanical Building. 45-minute docent-led tours showcase the origins, design and horticulture of the park's jewel, its 1915 lath house. Learn the fascinating story of English immigrant and world-renowned begonia expert, Alfred D. Robinson—the visionary behind the building.
Tours will leave from the south end of the Lily Pond
Offered every Saturday by trained volunteers, the tours start at 10:00 a.m. for an easy-paced one-hour walk with rotating themes. Tour themes include Balboa Park history (first Saturday of the month), palm trees (second Saturday), other trees in the Park (third Saturday), desert vegetation (fourth Saturday) and tour del dia (fifth Saturday). There are no tours from Thanksgiving through the 2nd Saturday in January. Reservations are not required.
Balboa Park rangers discuss the historical and botanical treasures of Balboa Park at 11:00am every Tuesday and Sunday.
Rotating docent tours of the upper garden (on Saturdays and Sundays) and lower garden (Wednesday, Friday, Saturday, and Sunday). Tour times vary. Check the schedule. http://www.niwa.org/docent-tours/
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Healthy Ways to Deal With Guilt
Ask anyone to define "guilt," and they hem and haw. It's a feeling that's kind of hard to describe. A feeling that I should have done something, should be doing something, should not have done something.
Actually, "guilt" comes from an Old English word that meant "delinquency." Today Merriam-Webster's Collegiate Dictionary defines it as "feelings of culpability, especially for imagined offenses or from a sense of inadequacy; self-reproach." It's a revealing definition — nowhere does it say that guilt is related to things you actually did wrong.
Sometimes you should feel guilty (if you've done something morally wrong, committed a crime, or intentionally hurt someone). But if you're like most of us, you walk around feeling guilty because of all the "shoulds" that come into your life — that is, the things you didn't do. That's not only bad for your mental and physical health, but completely unfair to you. Here's
how to shed some of that guilt:
1. Above all else, learn to forgive yourself. If feelings of guilt haunt you, take some concrete steps to end this self-inflicted punishment. First, list the things you feel guilty about. It could be something stupid you said recently, an act of cruelty you did to a sibling in your childhood, or a detrimental personal habit that has hurt your relationship with a loved one. Then ask, How can I forgive myself and let it go? Perhaps it's prayer, writing a letter, having a talk, making a charitable donation, or committing to a personal change. Often it's merely having the courage to say, "I'm sorry." Then do what it takes so you can honestly, finally forgive yourself. You'll be amazed at the lightness and freedom doing this can bring.
2. Set a no-guilt-allowed rule whenever you go on vacation or do something just for yourself. Often women do not experience vacations, breaks, and other relaxing activities as stress-relieving because they feel guilty that they are not doing more productive things, says Larina Kase, Ph.D., a psychologist at the Center for Treatment and Study of Anxiety at the University of Pennsylvania. Tell yourself that you are taking a break and doing it for a reason (improved health, decreased stress, etc.) so there is no reason to feel guilty. As soon as you hear yourself say, "I should be…" remind yourself why you are choosing not to do that. Make sure anyone you're traveling with knows about the no-guilt rule too.
3. Take five minutes in the morning to feel guilty. Then either do what you're feeling guilty about (e.g., call your mother) or forgive yourself for what you did that you shouldn't have done, knowing that you've learned your lesson and won't do it again, says Rebecca Fuller Ward, a therapist in Little Rock, Arkansas, and the author of How to Stay Married Without Going Crazy.
4. Correct a mistake rather than feeling guilty about it. For instance, if you're feeling guilty because you went shopping on Saturday instead of visiting your mother in the nursing home, take time out of your schedule midweek for a visit. Many times, the things we feel guilty about are relatively easy to make right.
Thanks! You're on our list.
And your life's about to get more interesting.
Some people like to travel by train because it combines the slowness of a car with the cramped public exposure of an airplane.
Dennis Miller
I think my pilot was a little inexperienced. We were sitting on the runway, and he said, "OK, folks, we're gonna be taking off in a just few—whoa! Here we go."
Kevin Nealon
"I can't wait until your vacation is over." —Everyone following you on Instagram
A man knocked on my door and asked for a donation toward the local swimming pool. So I gave him a glass of water.
Comedian Greg Davies
Just found the worst page in the entire dictionary. What I saw was disgraceful, disgusting, dishonest, and disingenuous.
Client: We need you to log in to the YouTube and make all our company videos viral.
From clientsfromhell.net
My cat just walked up to the paper shredder and said, "Teach me everything you know."
"Just because you can't dance doesn't mean you shouldn't dance." —Alcohol
@yoyoha (Josh Hara)
My parents didn't want to move to Florida, but they turned 60 and that's the law.
—Jerry Seinfeld
Q: What do you call an Amish guy with his hand in a horse's mouth?
A: A mechanic.
More About Relationships
All Bridesmaids Should Agree to Follow These 11 Little Etiquette Rules
There's a lot more to being a bridesmaid than wearing a pretty dress and standing behind the bride. Nowadays, bridesmaids are expected to be there for every step of wedding plan, the bridal shower, bachelorette party, and more. Being a bridesmaid can end up being a lot of work, not to mention expense. Here, experts weigh in on the top tips for being a fabulous bridesmaid.


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SIENA OAKS is a one the best located single-family home communities in eastern Palm Beach Gardens, Florida. The property was originally developed in the early 1990's is within a short distance to local area schools, golf courses and some of the best local area beaches. Additionally, Siena Oaks is near some of the best shopping, dining and entertainment venues being within a short distance to Legacy Place, Downtown at the Gardens and the Gardens Mall. Amenities in Siena Oaks a recreational area with tennis courts and community pool, tree lined streets and sidewalks throughout.
Siena Oaks homes for sale range from a combination of single & two-story models with two- or three-car garages, some of which include private pools and large rear yards. Floor plans across all the homes range from three to four bedrooms with square footage ranging from less than 2,000 to more than 3,000 square feet. There are a number of home possibilities for all types of buyers include growing families, seasonal residents, first-time home purchasers and retirees.
When looking for homes for sale in Siena Oaks, be sure to contact Amy Losquadro, your Siena Oaks Realtor and residential specialist. Amy is one of the top real estate agents in Siena Oaks, the Palm Beach Gardens & northern Palm Beach County area and specializes in residential & luxury homes, waterfront properties, golf course homes and country club communities.
Contact Amy
Why you should choose Amy to sell your home
Search the MLS like a Realtor
FREE home value estimate
Current Listings in Siena Oaks
MLS IDX Listing Disclosure © 2017
This information is not verified for authenticity or accuracy and is not guaranteed and may not reflect all real estate activity in the market. Copyright Jupiter, Tequesta, Hobe Sound Association of Realtors® and Beaches Multiple Listing Service, Inc. All rights reserved. Information Not Guaranteed and Must Be Confirmed by End User. Site contains live data.
Recent Sales in Siena Oaks
MLS IDX Listing Disclosure © 2017
This information is not verified for authenticity or accuracy and is not guaranteed and may not reflect all real estate activity in the market. Copyright Jupiter, Tequesta, Hobe Sound Association of Realtors® and Beaches Multiple Listing Service, Inc. All rights reserved. Information Not Guaranteed and Must Be Confirmed by End User. Site contains live data.
Siena Oaks Homes(SienaOaksHOmes.com) is an informational real estate web site specifically focused on the Siena Oaks neighborhood. You will find the current Siena Oaks homes for sale, information on recent Siena Oaks home sales and local Palm Beach Gardens area real estate market statistics which are updated on a monthly basis. The site also provides the ability to search the MLS like a Realtor and offers a completely free, no-obligation home value estimate for any residential property in Florida.
Siena Oaks Homes is presented by Amy Losquadro who is a north county resident and one of the top Realtors / residential & luxury home specialists in the Palm Beach north area. Over the past five years Amy has sold more than 500 homes within Siena Oaks as well as the general south Florida area. Amy has over a 98% successful selling rate on her prior listed homes for sale. To learn more about Amy Losquadro and her real estate marketing services, please visit her web site at www.AmyLosquadro.com.
Thinking of selling your Siena Oaks home? Amy can provide a completely free home value estimate and insights on how to best prepare your home for sale. And since more than 90% of home buyers use the internet, Amy performs extensive internet marketing on her exclusive listings to go along with traditional real estate marketing.
Considering a home purchase in Siena Oaks? The purchase of a home could be the largest investment in your lifetime. Allow Amy to help find the perfect home based on your needs and be your guide during the home buying process.
If you reside outside of the south Florida area and are considering a home purchase or sale, learn more about Amy's Concierge Real Estate Advisory Services for out of area buyers and sellers. Handling more than 300 successful out of state transactions, Amy adds great value to her clients at no additional costs.
Considering purchasing or selling in Siena Oaks or one of the other local area communities? Now is the perfect time to reach Amy and put her knowledge & experience to work for you. To contact Amy directly, call (561) 584-8555 or e-mail at email@example.com.


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Fujiya Hotel
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Today we are in Aomori which is on the northern coast of Honshu, the main island of Japan. The harbor is beautiful. It is large with several large breakwaters. There is a large beautiful suspension bridge crossing the bay and a large triangle building right on the shoreline which houses up scale shopping.
We took ...
... This was originally built in the early 1600s. One of the main towers burned down after a lightning strike shortly after completion. The current castle tower was built in the early 1800s. It is being renovated (so we couldn't go inside of it) and will then be moved intact to a different location on the grounds. Seriously, they are going to prop the entire building up 30 cm and move it about 100 yards. ...
Last Port of Call
... lightening , 3 turrets, 5 gates and 3 moats. There are 8 red bridges over the moats which are full of lillies. The leaves are just starting to change colour so the gardens are very pretty. We can see by the photos on display how amazing it looks in Cherry blossom time and covered in snow in the winter. Across the road from the castle grounds is the Fujita Memorial Garden. It was made in 1919 by a gardener from Tokyo and the first owner of the garden was ...
A colorful carneval style festival
... by people, the drums and dancing. All of them intonating their ra-ra-ratana.
Impressive constructions with enlightened figures if ancient history. We could not understand all of the meaning, but the festival is known on Japan. There is even a museum with all the history and the constructors of the carts (all in Japanese)
Really, Really Big Buddah
... look as the water started and stopped as I was taking pictures.
I have to admit.....I really liked the cute little statues of the kid Buddhas.
This was a nice side trip and definitely a "must see" for those of us in northern Japan.
Not many Japanese adventures left!


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|By Pat Romanski
Article Rating:
|August 23, 2012 02:00 AM EDT
Cloud Expo Silicon Valley $500 Savings here!
Many analysts are observing that by the end of 2012 most organizations will be using at least ten types of cloud computing products and services either directly or indirectly. Email, mobile apps, collaboration, social networking, storage, converged video conferencing, business apps, commercial transactions, marketplace presence, to name a few of the range of cloud sourcing and delivery solutions available in public, private and hybrid cloud combinations as well as the hosting options. In short we are already in the multi-cloud world.
In his session at the 11th International Cloud Expo, Mark Skilton, Global Director, Strategy Office, Capgemini Infrastructure Services, will look at best practices strategy, design and engineering principles for successful cloud-enabled solutions and services from a variety of different business scenarios.
Explore Cloud Expo Sponsorship & Exhibit Opportunities !
Speaker Bio:
Mark Skilton is a Global Director, Strategy Office, Capgemini Infrastructure Services. He is the Technical Leader for the Group Government Cloud Portfolio and is the author of the "Cloud Computing Education" and "Infrastructure Strategy" Courses at the Capgemini University. He is also Co-Chair of the Cloud Computing Work Group at The Open Group, an International Standards Body. Skilton has spoken and published internationally on the subject of Cloud Computing.
A Rock Star Faculty, Top Keynotes, Sessions, and Top Delegates!
Cloud Expo 2012 Silicon Valley, November 5-8, 2012, at the Santa Clara Convention Center in Santa Clara, CA, will feature technical sessions from a rock star conference faculty and the leading Cloud industry players in the world.
The growth and success of Cloud Computing will be on display at the upcoming Cloud Expo conference and exhibition in Santa Clara, CA, November 5-8, 2012.
The recent Cloud Expo at the Javits Center in New York City, NY, was the largest Cloud Computing conference ever produced with more sponsors, exhibitors and delegates than all other Cloud events of the year combined!
Cloud Expo Silicon Valley will attract more than 10,000 delegates from 48 countries and over 200 sponsors and exhibitors!
All main layers of the Cloud ecosystem will be represented at the 10th International Cloud Expo - the infrastructure players, the platform providers, and those offering applications, and they'll all be here to speak, sponsor, exhibit and network.
"Cloud Expo was announced on February 24, 2007, the day the term 'cloud computing' was coined," said Fuat Kircaali, founder and chairman of SYS-CON Events, Inc. "Cloud has become synonymous with 'computing' and 'software' in two short years, and this event has become the new PC Expo, Comdex, and InternetWorld of our decade. By 2012, more than 50,000 delegates per year will be attending Cloud Expo."
Sponsorship Opportunities
for Cloud Expo Silicon Valley
Cloud Expo 2012 Silicon Valley "show prospectus" has shipped. Sponsorship, exhibit, and keynote opportunities can be obtained from Carmen Gonzalez by email at events (at) sys-con.com, or by phone 201 802-3021.
Early Bird Registration Options
for Cloud Expo Silicon Valley
Cloud Expo delegates can pre-register for Cloud Expo Silicon Valley with $500+ savings here.
About SYS-CON Media & Events
SYS-CON Media (www.sys-con.com) has since 1994 been connecting technology companies and customers through a comprehensive content stream at www.sys-con.com - featuring over forty focused subject areas, from Cloud Computing to Web Security - interwoven with market-leading full-scale conferences produced by SYS-CON Events. The company's internationally recognized brands include among others Cloud Expo (www.CloudComputingExpo.com), Big Data Expo (http://BigDataExpo.net), Virtualization Conference & Expo (www.VirtualizationConference.com), Government IT Conference & Expo (www.GovITExpo.com), Cloud Computing Bootcamp (www.CloudComputingBootcamp.com), and UlitzerLive! New Media Conference & Expo (http://events.sys-con.com).
Cloud Expo, Cloud Expo East, Cloud Expo West, Cloud Expo New York, Cloud Expo Silicon Valley, Cloud Expo Europe, Cloud Expo Tokyo, Cloud Expo Prague, Cloud Expo Hong Kong, Cloud Expo Sao Paolo are trademarks and /or registered trademarks (USPTO serial number 85009040) of Cloud Expo, Inc.
As Enterprise business moves from Monoliths to Microservices, adoption and successful implementations of Microservices become more evident. The goal of Microservices is to improve software delivery speed and increase system safety as scale increases. Documenting hurdles and problems for the use of Microservices will help consultants, architects and specialists to avoid repeating the same mistakes and learn how and when to use (or not use) Microservices at the enterprise level. The circumstance w...
Feb. 24, 2017 06:15 PM EST Reads: 313
This week's news brings us further reminders that if you're betting on cloud, you're headed in the right direction. The cloud is growing seven times faster than the rest of IT, according to IDC, with a 25% spending increase just from 2016 to 2017. SaaS still leads the pack, with an estimated two-thirds of public cloud spending going that way. Large enterprises, with more than 1,000 employees, are predicted to account for more than half of cloud spending and have the fastest annual growth rate.
Feb. 24, 2017 06:00 PM EST Reads: 392
SYS-CON Events announced today that CA Technologies has been named "Platinum Sponsor" of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY, and the 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. CA Technologies helps customers succeed in a future where every business – from apparel to energy – is being rewritten by software. From ...
Feb. 24, 2017 03:15 PM EST Reads: 2,164
Cloud Expo, Inc. has announced today that Andi Mann and Aruna Ravichandran have been named Co-Chairs of @DevOpsSummit at Cloud Expo 2017. The @DevOpsSummit at Cloud Expo New York will take place on June 6-8, 2017, at the Javits Center in New York City, New York, and @DevOpsSummit at Cloud Expo Silicon Valley will take place Oct. 31-Nov. 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA.
Feb. 24, 2017 02:45 PM EST Reads: 1,907
With 10 simultaneous tracks, keynotes, general sessions and targeted breakout classes, Cloud Expo and @ThingsExpo are two of the most important technology events of the year. Since its launch over eight years ago, Cloud Expo and @ThingsExpo have presented a rock star faculty as well as showcased hundreds of sponsors and exhibitors! In this blog post, I provide 7 tips on how, as part of our world-class faculty, you can deliver one of the most popular sessions at our events. But before reading the...
Feb. 24, 2017 02:15 PM EST Reads: 8,523
In recent years, containers have taken the world by storm. Companies of all sizes and industries have realized the massive benefits of containers, such as unprecedented mobility, higher hardware utilization, and increased flexibility and agility; however, many containers today are non-persistent. Containers without persistence miss out on many benefits, and in many cases simply pass the responsibility of persistence onto other infrastructure, adding additional complexity.
Feb. 24, 2017 02:15 PM EST Reads: 948
DevOps is often described as a combination of technology and culture. Without both, DevOps isn't complete. However, applying the culture to outdated technology is a recipe for disaster; as response times grow and connections between teams are delayed by technology, the culture will die. A Nutanix Enterprise Cloud has many benefits that provide the needed base for a true DevOps paradigm. In his general session at 20th Cloud Expo, Chris Brown, a Solutions Marketing Manager at Nutanix, will explore...
Feb. 24, 2017 01:45 PM EST Reads: 1,151
Microservices (μServices) are a fascinating evolution of the Distributed Object Computing (DOC) paradigm. Initial design of DOC attempted to solve the problem of simplifying developing complex distributed applications by applying object-oriented design principles to disparate components operating across networked infrastructure. In this model, DOC "hid" the complexity of making this work from the developer regardless of the deployment architecture through the use of complex frameworks, such as C...
Feb. 24, 2017 12:30 PM EST Reads: 1,300
@DevOpsSummit at Cloud taking place June 6-8, 2017, at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long developm...
Feb. 24, 2017 12:00 PM EST Reads: 1,610
Buzzword alert: Microservices and IoT at a DevOps conference? What could possibly go wrong? In this Power Panel at DevOps Summit, moderated by Jason Bloomberg, the leading expert on architecting agility for the enterprise and president of Intellyx, panelists peeled away the buzz and discuss the important architectural principles behind implementing IoT solutions for the enterprise. As remote IoT devices and sensors become increasingly intelligent, they become part of our distributed cloud enviro...
Feb. 24, 2017 11:00 AM EST Reads: 6,336
@DevOpsSummit has been named the 'Top DevOps Influencer' by iTrend. iTrend processes millions of conversations, tweets, interactions, news articles, press releases, blog posts - and extract meaning form them and analyzes mobile and desktop software platforms used to communicate, various metadata (such as geo location), and automation tools. In overall placement, @DevOpsSummit ranked as the number one 'DevOps Influencer' followed by @CloudExpo at third, and @MicroservicesE at 24th.
Feb. 24, 2017 09:15 AM EST Reads: 8,323
SYS-CON Events announced today that Outlyer, a monitoring service for DevOps and operations teams, has been named "Bronze Sponsor" of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Outlyer is a monitoring service for DevOps and Operations teams running Cloud, SaaS, Microservices and IoT deployments. Designed for today's dynamic environments that need beyond cloud-scale monitoring, we make monitoring effortless so you...
Feb. 24, 2017 08:45 AM EST Reads: 1,938
In his session at @DevOpsSummit at 19th Cloud Expo, Robert Doyle, lead architect at eCube Systems, will examine the issues and need for an agile infrastructure and show the advantages of capturing developer knowledge in an exportable file for migration into production. He will introduce the use of NXTmonitor, a next-generation DevOps tool that captures application environments, dependencies and start/stop procedures in a portable configuration file with an easy-to-use GUI. In addition to captur...
Feb. 24, 2017 08:30 AM EST Reads: 3,653
The Software Defined Data Center (SDDC), which enables organizations to seamlessly run in a hybrid cloud model (public + private cloud), is here to stay. IDC estimates that the software-defined networking market will be valued at $3.7 billion by 2016. Security is a key component and benefit of the SDDC, and offers an opportunity to build security 'from the ground up' and weave it into the environment from day one. In his session at 16th Cloud Expo, Reuven Harrison, CTO and Co-Founder of Tufin, ...
Feb. 24, 2017 06:45 AM EST Reads: 4,899
All clouds are not equal. To succeed in a DevOps context, organizations should plan to develop/deploy apps across a choice of on-premise and public clouds simultaneously depending on the business needs. This is where the concept of the Lean Cloud comes in - resting on the idea that you often need to relocate your app modules over their life cycles for both innovation and operational efficiency in the cloud. In his session at @DevOpsSummit at19th Cloud Expo, Valentin (Val) Bercovici, CTO of Soli...
Feb. 24, 2017 06:15 AM EST Reads: 1,061
Both SaaS vendors and SaaS buyers are going "all-in" to hyperscale IaaS platforms such as AWS, which is disrupting the SaaS value proposition. Why should the enterprise SaaS consumer pay for the SaaS service if their data is resident in adjacent AWS S3 buckets? If both SaaS sellers and buyers are using the same cloud tools, automation and pay-per-transaction model offered by IaaS platforms, then why not host the "shrink-wrapped" software in the customers' cloud? Further, serverless computing, cl...
Feb. 24, 2017 06:00 AM EST Reads: 2,176
Growth hacking is common for startups to make unheard-of progress in building their business. Career Hacks can help Geek Girls and those who support them (yes, that's you too, Dad!) to excel in this typically male-dominated world. Get ready to learn the facts: Is there a bias against women in the tech / developer communities? Why are women 50% of the workforce, but hold only 24% of the STEM or IT positions? Some beginnings of what to do about it! In her Day 2 Keynote at 17th Cloud Expo, Sandy Ca...
Feb. 24, 2017 01:45 AM EST Reads: 9,780
Thanks to Docker and the DevOps revolution, microservices have emerged as the new way to build and deploy applications — and there are plenty of great reasons to embrace the microservices trend. If you are going to adopt microservices, you also have to understand that microservice architectures have many moving parts. When it comes to incident management, this presents an important difference between microservices and monolithic architectures. More moving parts mean more complexity to monitor an...
Feb. 24, 2017 01:45 AM EST Reads: 1,611
As software becomes more and more complex, we, as software developers, have been splitting up our code into smaller and smaller components. This is also true for the environment in which we run our code: going from bare metal, to VMs to the modern-day Cloud Native world of containers, schedulers and micro services. While we have figured out how to run containerized applications in the cloud using schedulers, we've yet to come up with a good solution to bridge the gap between getting your contain...
Feb. 24, 2017 01:45 AM EST Reads: 3,981
All organizations that did not originate this moment have a pre-existing culture as well as legacy technology and processes that can be more or less amenable to DevOps implementation. That organizational culture is influenced by the personalities and management styles of Executive Management, the wider culture in which the organization is situated, and the personalities of key team members at all levels of the organization. This culture and entrenched interests usually throw a wrench in the work...
Feb. 24, 2017 01:00 AM EST Reads: 2,661