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856 F. 2d 996 - United States v. Harrod
856 F2d 996 United States v. Harrod
26 Fed. R. Evid. Serv. 1370
Robert HARROD, Defendant-Appellant.
Argued May 18, 1988.
Keith Spielfogel, Chicago, Ill., for defendant-appellant.
Stephanie Uhlarik, Asst. U.S. Atty., Anton Valukas, U.S. Atty., Chicago, Ill., for plaintiff-appellee.
Before WOOD, Jr. and MANION, Circuit Judges, and ESCHBACH, Senior Circuit Judge.
ESCHBACH, Senior Circuit Judge.
This is a direct criminal appeal from a jury conviction, pursuant to a thirty-five-count indictment. The appellant, Robert Harrod, was convicted of one count of conspiracy to commit bank fraud and bank theft under 18 U.S.C. Sec. 371, seventeen counts of bank fraud under 18 U.S.C. Sec. 1344, and seventeen counts of bank theft under 18 U.S.C. Sec. 2113. Harrod was sentenced to consecutive five-year and eight-year terms of incarceration with five years of probation, and was ordered to pay $305,309 in restitution to the two banks that were targeted in the scheme.1 On appeal, the appellant contends that the district court erred in admitting as evidence his previous involvements in the negotiation of stolen financial instruments. We will affirm the judgment of the district court.
* In the district court, the appellant was convicted of obtaining three stolen and forged checks2 totaling $374,000 from the Land Title Association, and devising a scheme whereby other individuals deposited these checks in federally-insured bank accounts. These individuals3 then withdrew these funds in cash, keeping approximately twenty-five percent of the cash and tendering the remainder to the appellant. The jury convicted Harrod of violating 18 U.S.C. Sec. 3714 (conspiracy to commit an offense against the United States), 18 U.S.C. Sec. 13445 (scheme to defraud a federally-insured financial institution), and 18 U.S.C. Sec. 21136 (bank robbery and incidental crimes).
Prior to trial, the appellant had filed a motion in limine to preclude admission of evidence regarding his previous involvement in a stolen check scheme in 1981, his 1984 plea agreement pertaining to that scheme, and his involvement in a stolen bond scheme in 1984. The district court denied the appellant's motion in limine, and the appellant now claims that the district court committed reversible error.
When the trial judge permitted the evidence of Harrod's prior acts to be introduced as evidence, she carefully limited the purpose for which the evidence could be used. Immediately preceding the introduction of the prior acts evidence, she instructed the jury: "[T]his evidence that you're going to hear can only be considered by you as it relates to defendant Robert Harrod.... And it can only be considered by you on the question of Mr. Harrod's intent, plan and knowledge and is to be considered by you only for this limited purpose." R 8-153. Again, immediately before the jury was dismissed to deliberate, she instructed, "You have heard evidence of acts of the defendant Robert Harrod other than those charged in the indictment. You may consider this evidence only on the question of defendant Robert Harrod's intent, plan and knowledge. This evidence is to be considered by you only for this limited purpose." R 13-585. While FED.R.EVID. 404(b) permits the presentation of other acts for these limited purposes, the appellant contends that the prior acts evidence does not go to any matter in issue, and was irrelevant and prejudicial.
In United States v. Shackleford, 738 F.2d 776 (7th Cir.1984), this Court established a four-part test for determining the admissibility of other acts evidence. Evidence of prior or subsequent acts can be introduced if:
(1) the evidence is directed toward establishing a matter in issue other than the defendant's propensity to commit the crime charged, (2) the evidence shows that the other act is similar enough and close enough in time to be relevant to the matter in issue ..., (3) the evidence is clear and convincing, and (4) the probative value of the evidence is not substantially outweighed by the danger of unfair prejudice.
738 F.2d at 779.
Our decision in Shackleford integrates the concerns of both FED.R.EVID. 404(b)7 and 403.8 Rule 404(b) prohibits the introduction of other acts evidence if it is introduced to show the defendant's bad character, or to indicate the defendant's propensity to commit the alleged crime. See, e.g., Shackleford, 738 F.2d at 779; United States v. Liefer, 778 F.2d 1236, 1241 (7th Cir.1985). However, Rule 404(b) does not bar such evidence if it is used to prove "motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident." Because evidence of other acts is potentially prejudicial and open to the danger of jury misuse, the trial court has the responsibility of carefully evaluating the tendered evidence to ensure that its probative value is not substantially outweighed by the danger of unfair prejudice to the defendant. See Liefer, 778 F.2d at 1241; United States v. Beasley, 809 F.2d 1273, 1279 (7th Cir.1987); Shackleford, 738 F.2d at 779. This is in accord with the Rule 403 proscription against evidence which will cause "unfair prejudice," or an "undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one." FED.R.EVID. 403, Notes of Advisory Committee on Proposed Rules. Because the trial judge is "much closer to the pulse of a trial," she is accorded broad discretion in balancing the probative value of the evidence against its prejudicial value. See United States v. Juarez, 561 F.2d 65, 71 (7th Cir.1977). Thus, her decision to admit or exclude the other acts evidence is reversible only for abuse of discretion. See United States v. Chaimson, 760 F.2d 798, 808 (7th Cir.1985) (quoting United States v. Brown, 688 F.2d 1112, 1117 (7th Cir.1982)); Liefer, 778 F.2d at 1244.
The appellant challenges the admission of the 1981 stolen bond scheme and his 1984 plea agreement by alleging that three of the four prongs outlined in Shackleford are not satisfied here.9 First of all, he claims that his 1981 acts do not go to any matter in issue such as intent, plan, or knowledge. In the present case, Harrod's defense rests on his claim that he did not participate in the bank fraud scheme. He thus contends that he did not put the question of intent into issue, so that the evidence should not have been introduced for that purpose. Because he allegedly did not put the issue of "knowledge" into dispute, Harrod also believes that the 1981 acts should not be admissible. The appellant makes similar arguments with regard to the admissibility of his 1984 stolen bond scheme. Again, Harrod contends that intent and knowledge were not issues involved in this case, so that the 1984 acts could not be admitted on those bases.
Second, Harrod contends that the 1981 and 1984 prior acts are too dissimilar and remote in time to be admissible under Rule 404(b). Because the 1981 scheme involved theft from the mail as well as from a bank, and occurred five years prior to the actions charged here, the appellant argues that the acts are too dissimilar and removed in time. He also alleges that the 1984 acts are not similar enough to the offense charged in the present action to be admissible to show a pre-existing plan. Although one of the Government's major witnesses in the pending action, Charles Breyer, was a party to both this transaction and the 1984 stolen bond scheme, the appellant claims that the expertise required in the 1984 scheme makes the acts too dissimilar to be used to show knowledge or plan in this case.
Finally, Harrod contends that the 1984 plea agreement should not have been admitted because it was irrelevant and prejudicial. Moreover, he claims that both the 1981 and 1984 other acts evidence were not reasonably necessary to meet the Government's burden of proof because the Government had sufficient evidence to establish its case. Consequently, he argues that the prior acts evidence was more prejudicial than probative.
* To support his argument that the 1981 and 1984 acts should not be admitted to show his intent or knowledge of the stolen check scheme with which he is charged, the appellant suggests that a split in the decisions of this Court exists. Specifically, he cites United v. Berkwitt, 619 F.2d 649 (7th Cir.1980), and United States v. Feinberg, 535 F.2d 1004 (7th Cir.), cert. denied, 429 U.S. 929, 97 S.Ct. 337, 50 L.Ed.2d 300 (1976), for the proposition that FED.R.EVID. 404(b) requires the issue of intent to be disputed by the defendant-appellant before evidence of other acts may be introduced. However, he acknowledges that other decisions, such as Liefer, 778 F.2d at 1236, and United States v. Brantley, 786 F.2d 1322 (7th Cir.), cert. denied, 477 U.S. 908, 106 S.Ct. 3284, 91 L.Ed.2d 572 (1986), permit admission of prior acts evidence whenever the defendant is charged with a specific-intent crime.
Our analysis indicates that when the crime charged is one requiring a showing of specific intent, "intent" need not be disputed by the defendant before Rule 404(b) evidence can be introduced. In specific-intent crimes, intent is an essential and material element to be proven, and thus necessarily becomes a matter in issue. See Liefer, 778 F.2d at 1242 (citing Shackleford, 738 F.2d at 781). See also United States v. Gruttadauro, 818 F.2d 1323, 1327-28 (7th Cir.1987); United States v. Hudson, 843 F.2d 1062, 1067 (7th Cir.1988). Assuming that the other requirements of Rules 404(b) and 403 are met, the Government may introduce evidence of other acts to establish intent in its case-in-chief because the Government is obliged to prove each element of the crime charged beyond a reasonable doubt. See Shackleford, 738 F.2d at 781. See Hudson, 843 F.2d at 1067-88; Chaimson, 760 F.2d at 806.
Our opinions in Berkwitt and Feinberg do not deviate from this analysis. In United States v. Berkwitt, this Court enumerated four requirements before evidence of prior acts could be submitted. This Court stated that such evidence could be admitted on the issue of the defendant's intent or knowledge if:(1) the prior act is similar enough and close enough in time to be relevant, (2) the evidence of the prior act is clear and convincing, (3) the probative value of the evidence outweighs the risk of prejudice, and (4) the issue to which the evidence is addressed is disputed by the defendant.
619 F.2d at 655 (citing United States v. Feinberg, 535 F.2d at 1009) (emphasis added). Although the fourth element of Berkwitt would appear to support the appellant's claim, our careful analysis of Berkwitt indicates that its fourth prong is essentially the same as the Shackleford requirement that the evidence must be directed to a matter in issue. In Berkwitt itself, this Court found that the fourth prong was satisfied because "knowledge that the property was stolen is an essential element which the Government was required to prove as part of its prima facie case." 619 F.2d at 655. This Court did not engage in an analysis of whether the defendant disputed the knowledge/intent issue, but merely noted that because intent was an essential element, the Government could introduce the prior acts evidence.
Shackleford was decided four years after Berkwitt, and clarifies Berkwitt by rewording the fourth prong articulated in Berkwitt. Berkwitt merely emphasizes that if intent is not an essential element of the crime, then the defendant must raise lack of intent as a defense in order to make intent a matter in issue. See, e.g., Liefer, 778 F.2d at 1242. As we stated in Shackleford: "[W]hen intent is only a formal issue, so that proof of the proscribed act gives rise to an inference of intent, then unless the government has reason to believe that the defense will raise intent as an issue, evidence of other acts directed toward this issue should not be used in the government's case-in-chief and should not be admitted until the defendant raises the issue." 738 F.2d at 781. See also Liefer, 778 F.2d at 1242; United States v. Weidman, 572 F.2d 1199, 1202 (7th Cir.), cert. denied, 439 U.S. 821, 99 S.Ct. 87, 58 L.Ed.2d 113 (1978).
Our decision in United States v. Feinberg does not cast a shadow on our analysis. In Feinberg, the defendant contested the Government's use of prior acts evidence in its rebuttal. The prior acts were virtually identical to the offense of mail fraud (18 U.S.C. Sec. 1341) with which the defendant was charged. This Court found that because the defendant himself introduced the issue of his criminal intent, the issue of intent was clearly in dispute. Thus, the Government did not violate Rule 404(b) by introducing evidence of prior acts in its rebuttal. Because the evidence was used in rebuttal rather than in the Government's case-in-chief, it is clear that the Government was not using the evidence to prove an essential element of the crime, i.e., intent. Where the evidence of other acts is not used to prove an essential element of the offense, our past decisions have established that the defendant must put the issue of intent into dispute before such evidence can be admitted. See, e.g., Liefer, 778 F.2d at 1242; Shackleford, 738 F.2d at 781. Feinberg thus does not support Harrod's proposition that the issue of intent must be disputed by the appellant even when a specific-intent crime is charged.
In the case before us, specific intent is an essential element of bank theft under Secs. 2113(b) and (c), see supra, n. 6, and bank fraud under Sec. 1344(a), see supra, n. 5. As we stated in Liefer: "Intent is never merely a 'formal issue' when the defendant is charged with a specific intent crime." 778 F.2d at 1242. The appellant cannot "remove intent as an element of the Government's proof by merely raising as a defense that he did not participate in the crime charged." Chaimson, 760 F.2d at 808. We therefore conclude that the challenged other acts evidence was admissible on the issue of the appellant's intent.
Harrod next contends that the prior acts evidence fails to satisfy the second prong of the Shackleford test. In support of his argument, Harrod claims that the 1981 stolen check scheme did not exhibit any unique characteristics to establish an alleged modus operandi. He further claims that the 1981 acts are too remote to be considered because they occurred five years prior to the acts charged in the indictment. Harrod disputes the admission of the 1984 acts for the same reasons. Although Harrod acknowledges that Beyer was involved in both the 1984 stolen bond scheme and the check scheme now pending before us, he claims that the 1984 prior acts required more expertise and are thus too dissimilar to the acts charged here. We disagree. An identical technique was used in both the 1981 stolen check scheme and the stolen check scheme here. In both schemes, the appellant submitted stolen and forged checks to third parties, who would then deposit and withdraw the stolen funds from their bank accounts. While a different type of fund was involved in the 1984 stolen bond scheme, the overall pattern and even one of the parties involved, Beyer, were the same as in the acts now charged. The prior acts thus showed not only a pre-existing scheme, but also the appellant's knowledge and intent. As this Court stated in Shackleford: "Only when the other act shares truly distinctive features with the crime with which the defendant is charged can it support the inference that the defendant probably committed the crime." 738 F.2d at 783. The prior acts submitted here satisfy this standard.
The appellant acknowledges in his brief that this Court has not developed a rigid rule to determine when a prior act is close enough in time to be relevant. "Questions about 'how long is too long' do not have uniform answers; the answers depend on the theory that makes the evidence admissible." Beasley, 809 F.2d at 1277. In this case, the prior acts were so similar in character that we cannot conclude that they are too remote in time to the acts charged in the indictment. See Chaimson, 760 F.2d at 807 (finding that a similar act that occurred five years before the acts charged was sufficiently related in time to satisfy FED.R.EVID. 404(b)); United States v. DeCastris, 798 F.2d 261, 265 (7th Cir.1986) (determining that use of other acts occurring ten years before the charged crime is permissible).
The appellant's final contentions go to the prejudicial impact of the 1984 plea agreement, as well as the 1981 and 1984 schemes that were introduced as evidence. He asserts that the probative value of the other acts evidence was substantially outweighed by the danger of unfair prejudice in violation of Rule 403. As we stated in United States v. Brown, 688 F.2d 1112 (7th Cir.1982), "The trial judge, who saw and heard the evidence firsthand, can best balance probity and prejudice, and the reviewing court may reverse only upon a showing of abuse of discretion." Id. at 1117. See also Weidman, 572 F.2d at 1201-02; Chaimson, 760 F.2d at 808. The transcript reveals that the trial judge appropriately balanced the probity versus the prejudicial impact of the other acts evidence. R 1-9. However, the appellant contends that the Government had sufficient evidence to establish its case without the introduction of the other acts evidence. Harrod points to our decision in United States v. Dolliole, 597 F.2d 102 (7th Cir.), cert. denied, 442 U.S. 946, 99 S.Ct. 2894, 61 L.Ed.2d 318 (1979), in which we stated that if the Government has "ample evidence to establish an element of the crime, ... the risk of prejudice which accompanies the admission of such evidence will not be justified." Id. at 106 (footnote omitted). In Dolliole, we noted that it is "not easy to formulate precisely when the quantum of evidence eliminates the need for the prior crime evidence." Id. at 106. However, we ultimately concluded in Dolliole that while the Government presented other evidence aside from the prior acts, "the prior crime evidence contributes to 'more dependable proof of his [the defendant's] knowledge and intent' and was therefore 'reasonably necessary' to the government's case." Id. at 106 (quoting United States v. DiZenzo, 500 F.2d 263, 266 (4th Cir.1974)).
In the case before us, we conclude that the prior crime evidence was reasonably necessary to the Government's case. As in Dolliole, the other acts evidence provided additional reliable indicia of Harrod's intent. In order for the Government to establish Harrod's modus operandi and intent, it must be able to provide evidence of his past acts and the similarity in their characteristics to the acts charged. In light of the trial judge's limiting instruction to the jury, which carefully delineated the purpose of the prior acts evidence, we cannot say that the probity of the evidence was outweighed by its prejudicial effect.
Because we find that the appellant's challenges to admissibility of the prior acts evidence are not sustainable, we affirm the judgment of the district court.
Harrod received a five-year term of imprisonment for each of eighteen counts, to be served concurrently with each other. He also received an eight-year term for each of fifteen other counts, to run concurrently with each other but consecutively to the five-year terms on the other eighteen counts. The sentences on two other counts were suspended and the appellant was placed on a five-year term of probation, to run consecutively to all other sentences. In addition, the district court assessed a $50.00 fine for each of the thirty-five counts. Judgment and Probation/Commitment Order, AO-245 (dated December 10, 1987)
The three stolen checks were in denominations of $148,000, $64,000, and $162,000
Charles Beyer, one of the chief witnesses for the Government, deposited the stolen checks which he received from Harrod into various bank accounts that Beyer had set up in the name of A-1 Construction Company. Beyer then withdrew the money in the form of cashier's checks which were payable to himself, Bill Lewis or Audrey Eichenberger. Although Beyer did not know either Lewis or Eichenberger, he made the checks out to them at the instigation of Harrod. For each check that he cashed, Beyer received twenty-five percent and the remainder was ceded to Harrod
18 U.S.C. Sec. 371 provides: "If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both."
18 U.S.C. Sec. 1344(a) states:
Whoever knowingly executes, or attempts to execute, a scheme or artifice--
(1) to defraud a federally chartered or insured financial institution; or
(2) to obtain any of the moneys, funds, credits, assets, securities or other property owned by or under the custody or control of a federally chartered or insured financial institution by means of false or fraudulent pretenses, representations, or promises, shall be fined not more than $10,000, or imprisoned not more than five years, or both.
18 U.S.C. Sec. 2113(b) provides in part: "Whoever takes and carries away, with intent to steal or purloin, any property or money or any other thing of value exceeding $100 belonging to, or in the care, custody, control, managment, or possession of any bank, credit union, or any savings and loan association, shall be fined not more than $5,000 or imprisoned not more than ten years, or both...."
18 U.S.C. Sec. 2113(c) states: "Whoever receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value knowing the same to have been taken from a bank, credit union, or a savings and loan association in violation of subsection (b), knowing the same to be property which has been stolen shall be subject to the punishment provided in subsection (b) for the taker."
FED.R.EVID. 404(b) states: "Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident."
FED.R.EVID. 403 states: "Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence."
The Supreme Court has recently determined that similar acts evidence "should be admitted if there is sufficient evidence to support a finding by the jury that the defendant committed the similar act." See Huddleston v. United States, --- U.S. ----, 108 S.Ct. 1496, 1499, 99 L.Ed.2d 771 (1988) (emphasis added). This suggests that the appellee need not meet the "clear and convincing" test required by Shackleford in order to admit the prior acts evidence. However, the appellant did not contest this prong of the Shackleford test, and we need not address this issue here


PASADENA, Calif. -- Astronomers using NASA's Spitzer Space Telescope have detected what they believe is a planet two-thirds the size of Earth. The exoplanet candidate, called UCF-1.01, is located a mere 33 light-years away, making it possibly the nearest world to our solar system that is smaller than our home planet.
"We have found strong evidence for a very small, very hot and very near planet with the help of the Spitzer Space Telescope," said Kevin Stevenson from the University of Central Florida in Orlando. Stevenson is lead author of the paper, which has been accepted for publication in The Astrophysical Journal. "Identifying nearby small planets such as UCF-1.01 may one day lead to their characterization using future instruments."
The hot, new-planet candidate was found unexpectedly in Spitzer observations. Stevenson and his colleagues were studying the Neptune-sized exoplanet GJ 436b, already known to exist around the red-dwarf star GJ 436. In the Spitzer data, the astronomers noticed slight dips in the amount of infrared light streaming from the star, separate from the dips caused by GJ 436b. A review of Spitzer archival data showed the dips were periodic, suggesting a second planet might be orbiting the star and blocking out a small fraction of the star's light.
This technique, used by a number of observatories including NASA's Kepler space telescope, relies on transits to detect exoplanets. The duration of a transit and the small decrease in the amount of light registered reveals basic properties of an exoplanet, such as its size and distance from its star. In UCF-1.01's case, its diameter would be approximately 5,200 miles (8,400 kilometers), or two-thirds that of Earth. UCF-1.01 would revolve quite tightly around GJ 436, at about seven times the distance of Earth from the moon, with its "year" lasting only 1.4 Earth days. Given this proximity to its star, far closer than the planet Mercury is to our sun, the exoplanet's surface temperature would be more than 1,000 degrees Fahrenheit (almost 600 degrees Celsius).
If the roasted, diminutive planet candidate ever had an atmosphere, it almost surely has evaporated. UCF-1.01 might therefore resemble a cratered, mostly geologically dead world like Mercury. Paper co-author Joseph Harrington, also of the University of Central Florida and principal investigator of the research, suggested another possibility; that the extreme heat of orbiting so close to GJ 436 has melted the exoplanet's surface.
"The planet could even be covered in magma," Harrington said.
Of the approximately 1,800 stars identified by NASA' Kepler space telescope as candidates for having planetary systems, just three are verified to contain sub-Earth-sized exoplanets. Of these, only one exoplanet is thought to be smaller than the Spitzer candidates, with a radius similar to Mars, or 57 percent that of Earth.
"I hope future observations will confirm these exciting results, which show Spitzer may be able to discover exoplanets as small as Mars," said Michael Werner, Spitzer project scientist at NASA's Jet Propulsion Laboratory in Pasadena, Calif. "Even after almost nine years in space, Spitzer's observations continue to take us in new and important scientific directions."


America's powerful Food and Drug Administration (FDA) has just approved the country's first medical cannabis drug.
The regulator approved Epidiolex, an orally-taken cannabis drug for children who have two rare forms of epilepsy, Lennox-Gastaut syndrome and Dravet syndrome.
The approval is a great sign for ASX-listed cannabis stocks — most of which are focused on medicinal products.
But before it can be sold, the US Drug Enforcement Administration (DEA) will have to reclassify the drug from a Schedule 1 narcotic — alongside LSD and heroin.
The DEA will either need to reclassify cannabis generally, or just cannabidiol (CBD) which is the active component in Epidiolex and many other medical cannabis drugs.
Strong trial data from GW Pharmaceuticals helped push the drug through the process.
The drug has been studied in three randomised, double-blind, placebo-controlled clinical trials involving 516 patients with either Lennox-Gastaut syndrome or Dravet syndrome.
It proved to be effective in reducing the frequency of seizures, but was also accompanied by a range of side effects including sleepiness, diarrhea, sleep disorders, and infections.
Lennox-Gastaut syndrome and Dravet syndrome develop in childhood and are notoriously treatment-resistant. Most patients need multiple seizure medications and the syndromes come with high rates of early mortality.
"Controlled clinical trials testing the safety and efficacy of a drug, along with careful review through the FDA's drug approval process, is the most appropriate way to bring marijuana-derived treatments to patients," said FDA commissioner Dr. Scott Gottlieb.
This is good news for Australian medical cannabis companies who are focused on the US.
Medlab Clinical (ASX:MDC) boss Sean Hall told Stockhead last week that he is meeting with the FDA in September and hopes to have their drug, Nanabis, approved for sale next year.
Botanix (ASX:BOT) founder Matt Callahan says their approach to making CBD drugs addresses the FDA's specific concerns about data.
He says studies on their acne and dermatitis treatments are being conducted in accordance with FDA rules.
While Canada is the legal market for recreational and medical cannabis, the US is still much bigger.
Americans are thought to be buying about $US50 billion ($68 billion) worth of legal marijuana a year — a number expected to grow to $US75 billion by 2030, says research firm Cowen & Co.
By comparison marijuana will be a $US6.5 billion industry by 2020 in Canada, according to Canada's biggest bank CIBC.
Right now recreational marijuana is legal in eight US States while medical cannabis is allowed in another 22 States.
That number could grow if President Trump ends a federal blanket ban on marijuana which currently conflicts with State laws.


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safe consumption sites
Supreme Court Setback in Safehouse Fight for SCS: Will Biden Break His Silence?
On October 12, the Supreme Court of the United States (SCOTUS) chose not to hear a lawsuit over Philadelphia nonprofit Safehouse. The embattled harm reduction group, which for the past several years has been on the frontlines of the fight to open legal safe consumption sites (SCS) in the US, vowed to keep pursuing the case in federal court.
Safehouse organizers asked the SCOTUS to review an earlier court decision that ruled against authorizing their proposed SCS. Their case has drawn support of both harm reductionists and criminal justice leaders, and some hoped that by filing with SCOTUS, Safehouse would compel President Biden to state his position for or against SCS.
That's not what happened. Biden's administration continues to be silent on SCS, even as cities and states around the country plan to pursue them.
"We were disappointed that the government chose not to respond to our petition," Safehouse Vice President Ronda Goldfein told Filter. "They said, 'We're going to waive our right to respond,' [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue."
Trump-appointed federal prosecutor William McSwain first sued Safehouse in February 2019. McSwain alleged that an SCS would violate the federal "crack house" statute, which prohibits "drug trafficking" on private or public property. The statute dates back to a 1986 law authored by then-Senator Joe Biden.
In February 2020 Safehouse won the case—but then, just days after the victory, Philadelphia residents opposed to the SCS circulated a petition to prevent it from opening. The petition was successful. And in January 2021, an Appeals Court reversed the earlier ruling in Safehouse's favor and expressly forbade it from operating an SCS. In August 2021, Safehouse requested that SCOTUS review the decision. Now, SCOTUS has declined.
Safehouse will now go back to the Philadelphia federal district court, for which organizers have prepared three main arguments. First, they will make the case that the Religious Freedom Restoration Act (RFRA) gives Safehouse the right to operate an SCS based on the First Amendment right to religious expression.
"If I have a sincerely held religious belief, the government cannot take actions that burden my religious belief unless there's a compelling interest to do so," Goldfein said. "The court cannot tell us we're not allowed to follow our faith. In this instance we say, 'As people of faith and conscience, we believe that if you can save a life, you must save a life.'"
Their second argument focuses on the Commerce Clause, which gives Congress the power to regulate inter-state trade. "What we're proposing is a completely state-contained activity," Goldfein said. "We're not expecting people from other states to fly or drive into Philadelphia just because they would be able to use drugs safely in Philadelphia."
The third argument draws on the Supreme Court's ruling in Fulton v. Philadelphia, which ruled that courts can make narrow exemptions to federal laws in cases where the organization has a religious interest.
There is also the fact that federal prosecutors can simply choose not to prosecute SCS. Only 24 people were sentenced by federal courts in 2017 for "maintaining a drug-involved premises," among 19,750 people sentenced on federal drug charges.
In the SCOTUS setting, the Biden administration wasn't required to respond. "But in our federal district court lawsuit, they must respond," Goldfein said. "If they don't respond, they lose."
That response is due November 5.
Photograph of a safe consumption site in Canada by Matthew Bonn
harm reductionoverdosesafe consumption sites
Michigan Drops Its Vape Flavor Ban, But Advocates Wary of What's Next »
« Why Is California Failing Thousands of People With Cannabis Records?
Alexander is Filter's staff writer. He writes about the movement to end the War on Drugs. He grew up in New Jersey and swears it's actually alright. He's also a musician hoping to change the world through the power of ledger lines and legislation. Alexander was previously Filter's editorial fellow.

redpajama_set_name: RedPajamaCommonCrawl


LIVONIA, Mich., June 12, 2017: A consumer study from Valassis, a leader in intelligent media delivery, finds that dads are just as interested as moms in saving money on purchases, and in some cases, their coupon zeal surpasses that of their female counterpart.
43 percent of dads increased their purchase of only products for which they have coupons vs. 23 percent of all adults.
Dads look to a variety of sources for deals – including mobile savings apps and retailer, coupon and social networking websites. Opportunities to save help determine where they'll shop, as 54 percent of dads say they've increased their shopping at retailers other than their main store due to better deals.
Once in the store, 89 percent of dads search for discounts via mobile devices and are definitely responsive to mobile influences, as 86 percent switch brands based on an in-store discount notification via their mobile device. In addition, dads are more likely than moms to share the great deals they find after making a purchase, with a majority of dads (86 percent) sharing post-purchase reviews compared to 73 percent of moms.
View the "Dad's Grand Spree" infographic for additional findings about how dads save.
The Valassis Coupon Intelligence Study was fielded in the third quarter of 2016 in conjunction with a global, third-party market research firm with proficiency in internet surveys. The sample was derived from an online consumer opinion panel and all participants were at least 18 years of age and living in the contiguous United States. Consumers were emailed an invitation to participate in the survey and were given three days to complete it. The survey was closed once 1,000 completed responses had been reached. The responses were weighted by factors obtained from national census data to provide appropriate representations of demographic groups at summary levels.


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Q: Read from framebuffer on Android I try to get data from default framebuffer on Android (GLES 3.1). Andriod version 6.0. Device: Levono TAB 2 A-10.
If I use glReadPixels it works fine, but I want to avoid copying data to the CPU and bind this data to a compute shader.
Code looks like this:
glReadBuffer(GL_BACK);

GLuint texture;
glGenTextures(1, &texture);
glBindTexture(GL_TEXTURE_2D, texture);
glTexParameterf(GL_TEXTURE_2D, GL_TEXTURE_MIN_FILTER, GL_LINEAR);
glTexParameterf(GL_TEXTURE_2D, GL_TEXTURE_MAG_FILTER, GL_LINEAR);
glTexParameterf(GL_TEXTURE_2D, GL_TEXTURE_WRAP_S, GL_CLAMP_TO_EDGE);
glTexParameterf(GL_TEXTURE_2D, GL_TEXTURE_WRAP_T, GL_CLAMP_TO_EDGE);
glTexStorage2D(GL_TEXTURE_2D, 1, GL_RGBA8, 300, 250);

glCopyTexImage2D(GL_TEXTURE_2D, 0, GL_RGBA, 0, 0, 300, 250, 0);

After glCopyTexImage2D I get ERROR: 1282 (GL_INVALID_OPERATION) That from documentation means: GL_INVALID_OPERATION is generated if the currently bound framebuffer's format does not contain a superset of the components required by the base format of internalformat.
I tried different formats of texture, but without success.

redpajama_set_name: RedPajamaStackExchange


text:
Erich Schilling was born in Germany in 1885. He studied art and developed a style that one critic has described as imitated the "bold, ragged lines and strong tonal contrasts of German medieval woodcuts".
Schilling worked for Kladderadatsch and Simplicissimus and although he was critical of the Nazi Party in the early 1930s, he changed his views after Adolf Hitler gained power. Whereas some of Germany's cartoonists such as Thomas Heine and Walter Trier left the country, Schilling became a fervent support of the new regime.
During the Second World War, Schilling portrayed Winston Churchill as a drunk. Erich Schilling committed suicide when the Third Reich collapsed in 1945.
Schilling Family History
German and Jewish (Ashkenazic): nickname from Middle High German schillinc, Middle Low German schillink, German Schilling 'shilling'. The German surname may have referred originally to a rent or fee owed, or have some other anecdotal origin, now irrecoverable. The Jewish surname is mainly ornamental. German: habitational name from Schilling in Bavaria or from places called Schillingen in the Rhineland and East Prussia.
Source: Dictionary of American Family Names ©2013, Oxford University Press
Nazis take control
It thus comes as no surprise that as soon as the Nazis came to power in 1933 they cracked down on dissenting cartoonists in Germany, and took control of many publications. Some artists, however, especially the Jewish ones, saw the writing on the wall and made their escape.
Thomas Theodor Heine (1867-1948), editor and co-founder of Simplicissimus, as well as its most prolific cover artist – who had been imprisoned for six months for an anti-Kaiser cartoon in 1898 – left soon after Hitler's election as Chancellor and eventually settled in Stockholm.
The Czech-born Walter Trier (1890-1951), staff cartoonist on Lűstige Blätter and illustrator of Erich Kästner's famous children's book Emil and the Detectives, left Germany shortly after seeing Kästner's works, as well as some of his own books, burnt in Berlin by the Nazis as 'subversive literature'. He moved to London where he achieved fame as the cover artist for Lilliput magazine from its foundation in 1937.
Victor Weisz ('Vicky', 1913-1966), later to create the image of Harold Macmillan as 'Supermac', managed to flee to Budapest and then London, when his paper, Das 12 Uhr Blatt, was taken over by the Nazis. However, a fellow Berliner, Willi Wolpe ('Wooping', 1904-58) was not so lucky. During his imprisonment he was tortured and lost an eye before being released in 1936 after which he fled to Czechoslovakia and then, in 1939, to London (where, ironically he was interned at first as an 'enemy alien').
Erich Schilling (draftsman)
Erich Schilling (born February 27, 1885 in Suhl , † April 30, 1945 in Gauting near Munich ) was a German draftsman and caricaturist.
Erich Schilling was born as the fourth child of the rifle manufacturer Peter August Schilling (1832-1918) and Emma Christiane Panse (1845-1933, married since 1872, daughter of a Suhl teacher). The 12-year-old's leg ailment led to a handicap that saved him from military service. Schilling studied at the arts and crafts school in Schwäbisch Gmünd and probably completed an apprenticeship as an engraver in 1899–1902 . In 1903 he studied at the Berlin Art School , where he lived until 1918.
In 1905 the first drawings were made for the SPD- affiliated satirical magazine Der Wahr Jacob . In 1907 he first published a drawing in Simplicissimus . In 1918, Schilling moved to Starnberg near Munich and became a partner in the GmbH that published the magazine. Between 1907 and 1944 he made 1,459 contributions to the Simplicissimus .
After initial attempts in the Art Nouveau style, Schilling contributed his own style to the Simplicissimus , first with drawings reminiscent of medieval single-sheet woodcuts, later with smooth charcoal drawings reminiscent of Art Deco . Alongside Karl Arnold, he was the draftsman among the permanent staff who helped shape the style of the 1920s in the magazine. In addition to the daily news, he mainly created socially critical images.
While he had sharply criticized National Socialism before 1933 , he later became an ardent admirer of the prevailing ideology. So he designed z. B. the party glorifying glass pictures for a barracks in Ingolstadt . Schilling died by suicide when US troops approached Gauting .
Erich Schilling - History
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File:Erich Schilling – Müncher Fasching (Munich Carnival, lion, masks) 1926 Satirical cartoon No known copyright (low-res).jpg
current 18:16, 3 April 2021 1,547 × 1,713 (425 KB) Wolfmann (talk | contribs) Uploaded a work by Erich Schilling (1885 – 1945) from http://monsterbrains.blogspot.com/2015/12/erich-schilling.html with UploadWizard
The Plutocrats Monster, 1941
Torquemada Is Interviewed, 1938
The Hungry Tschunkingdrache, 1943
Pierpont Morgan With The Devil, 1943
The Campaign Of Lies, 1939
The East China Railway, 1934
Mars And Murder, 1943
The Case Bolivia 1941
The Three-Party Conference, 1943
Lies Squadron Of The Comintern, 1937
England Struggle Against Greater German Steel Block, 1939
Weed in New York Ring, 1937
Churchill's Silvesterkatzenjammer, 1942
Marianne And Her Hatred, 1936
During The Housing Shortage, 1931
Practice Creates Masters, 1933
The Monstrosity Of The Paris Conference, 1921
Approach At All Costs, 1936
The Battle With The Dragon Of Distress, 1932
Hijacking of the "Altmark", 1940
Drawings to the text "Old Fable", 1924
The Swedish Ulysses And The Sirens, 1940
The Strasbourg Station, 1933
Moon Conference In Matters Raketenflug, 1929
Family Council In The Pacific, 1938
The Russian Easter Bunny, 1917
At The Bottom Of The Aegean, 1941
Britain, USA, UDSSR Alliance, 1942
Telephone Berlin - New York, 1926
The British Snake Charmers, 1939
The Ethnic German Victims At Chamberlain, 1939
To The International Monetary Conference, 1944
"Erich Schilling made his first caricatures for Der Wahren Jacob. He was on the editorial board of Simplicissimus magazine from 1907 to 1944, and also contributed to Kladderadatsch. Although initially opposed to the Nazi Party, he eventually became a supporter of the new regime. He continued to work for Simplicissimus after its transformation to national-socialist propaganda paper. He took his own life in Munich when the Third Reich collapsed in 1945." - quote source
The entirety of Erich Schilling's artwork in Simplicissimus can be viewed here.
Illustration by Barry Downard
The sun is beating down hard on the Dracut High School softball field, where Curt Schilling sits atop a bucket of balls beside the dugout. He's helping coach his daughter's team, the Drifters, in a tournament, and they're on the verge of their second win of the day. Schilling could use the uplift: It's been a month since the extraordinary implosion of 38 Studios, the video-game company he founded and lost $50 million investing in. And though his face is not quite the ghastly shade of white it was at the height of his company's crisis, he doesn't exactly look good. Dressed in shorts and a standard-issue blue and orange coach's polo, his facial hair is scraggly and he's got heavy bags beneath his eyes.
"Come on! Let's close it out!" shouts the former Red Sox star, noted during his career for his precision arm and considerably wilder mouth. Moments later, there's a game-ending grounder to second. Drifters win, 9–0.
Despite keeping an uncharacteristically low media profile of late, Schilling has agreed to meet with me. So while the players wait for their next game of the tournament, the former pitcher takes a seat in a lawn chair and performs what winds up being an emotional, two-hour-long autopsy of 38 Studios. The company's death was grisly: Before going under, it defaulted on the $75 million guaranteed loan that the state of Rhode Island had used in 2010 to lure it to Providence. As the money ran out, the company encouraged its 379 employees to continue coming into work, even though it knew it could not pay them. Staffers realized they'd been stiffed only when they noticed the money missing from their bank accounts. A pregnant woman had to find out from her doctor that her healthcare benefits had been cut off.
Add it all up, including interest, and already-cash-strapped Rhode Island could be out as much as $110 million on the loans. As Schilling sits beside the softball diamond, his company, with nearly $151 million in debt and just $22 million in assets, is being liquidated through Chapter 7 bankruptcy.
Asked about 38 Studios' failure, Schilling says his management team suffered from "significant dysfunction" and that his video-game developers worked too slowly. Those problems, he allows, are his fault. "As the chairman and founder," he says, "who's above me?"
But he also shovels much of the blame onto Rhode Island Governor Lincoln Chafee, whom he believes had a political agenda when it came to 38 Studios. The day before, Schilling alerted his former employees through a private Facebook message board that he planned to go on WEEI sports radio to talk about Chafee's role and "tell the untold side of this nightmare."
Many former 38 Studios employees, including the CEO, responded to that Facebook post with fierce attacks against Schilling himself. As the assaults mounted, Schilling's wife, Shonda, rose to her husband's defense. "50 million its [sic] not a fucking joke. It's gone," she wrote, adding that, "You have no idea what that last two weeks were like. Hope and hell. We hung on every telephone call. My husband couldn't function. My kids saw their father cry more in that month then [sic] any child should see."
Schilling's harshest critic in the online exchange was Bill Mrochek, the vice president of online services, whose wife required a bone marrow transplant at the time their healthcare disappeared. "Are you going to admit that your stupid hubris, pride, and arrogance would not allow you to accept that we failed — and help shut it down with dignity?" he asked Schilling.
Mrochek was talking only about 38 Studios' dramatic final weeks, but as interviews with Schilling, members of his former staff, and others associated with the company show, he might as well have been describing 38 Studios from the moment that Schilling — lacking any business experience, but full of the same confidence, bravado, and determination that made him a baseball legend — decided he could build a billion-dollar video-game company.
4. Lefty Grove
Lefty Grove is another player who does not have an overwhelming number of career strikeouts, just 2,226, but deserves to be on this list nonetheless.
However, he also posted these totals during a much different era in baseball. He led the league in strikeouts during the first seven years of his career, but at times this only amounted to 116 K's.
Grove also won an MVP and led Major League Baseball in K/9 five times. This all happened during a time when a pitcher had to have a plus fastball to survive.
The fastball was the pitch Grove relied on the most during a time when complete games came to be expected. His was reliable enough to lead the league in complete games three times.
Erich Friedrich August Schilling was the first child of Friedrich August and Minna, geb. Sour, Schilling. After attending elementary and elementary school, he continued his training at the commercial college and completed a two-year training course as a building fitter. Years of wandering all over Germany followed.
Schilling became a member of the SPD in 1906 . As an active trade unionist, he was managing director of the German Metalworkers' Association in Leipzig from 1913 to 1919 . After participating in World War I , he was a member of the Great Soldiers' Council in Kiev . At the time of the Weimar Republic , he took over the chairmanship of the Leipzig trade union cartel from 1919 to 1933 and prevented the union split. Schilling represented the Leipzig trade union cartel at the ADGB district committee in Saxony and also worked as an editor for the Saxon trade union newspaper. His wife Martha , nee Nebel, was an SPD politician and was killed in a traffic accident in December 1928.
Time of the nationalsocialism
At the time of National Socialism , Schilling was active as a representative and took part in the illegal resistance against the Nazi regime. On March 9, 1933, Schilling witnessed the attack by the SA on the Volkshaus . He rejected the advice of union colleagues who tried to smuggle him into Denmark for his safety . Schilling was arrested in 1933 and temporarily went into hiding in Germany. In the presence of the Gestapo , he spoke on September 10, 1935 at Leipzig's southern cemetery in memory of his friend, the leading Leipzig Social Democrat Hermann Liebmann , who had died of abuse in the Hohnstein concentration camp .
On September 1, 1939, he was arrested by the Gestapo together with his SPD comrades Stanislaw Trabalski , August Kroneberg and Heinrich Fleißner as part of the A-card action. They were charged with high treason and treason . On September 26th, Schilling and Kroneberg were brought to Buchenwald concentration camp, where he was imprisoned until liberation in April 1945. Initially he had the prisoner number 5569 and later 1455 and was assigned to the carpentry detachment. Schilling was involved in the revision of the Buchenwald Manifesto in April 1945 and was one of the signatories.
Post war period
After the liberation from National Socialism , he got involved in the re-establishment of the SPD in his hometown, where he was the first freely elected union chairman from August 19, 1945 to November 15, 1945, until he was dismissed by order of the Soviet Military Administration (SMAD). At the founding ceremony of the German Unity Union on Sunday, August 19, 1945 in the Capitol, he called for the union's political independence:
"It was the ugliness of the German trade union movement that all trade unions came into being in the shadow of political parties. Today the old insight is to become reality that a trade union must be politically neutral. The union will therefore not be apolitical. The trade unions have too much interest in presenting their demands to the state administration. Large social structures also have their own political weight. But party politics must never wear down the unity of the trade unions. Neutrality also applies to religion and to one's attitude towards the race question. Here, too, the union must be free of ties and adhere to the principles of the world trade union confederation. "
On May 18, 1945, he stands unbroken with friends from before 1933 in the Volkshausgarten, still in prisoner clothing with a prisoner number, surrounded by rubble. "We're building again! In spite of all!"
Schilling rejected the compulsory unification of the SPD and KPD to form the SED in 1946 and stood up for free and democratic trade unions. Nevertheless, he joined the SED and in November 1945 took over the office of managing director of a trust company for the confiscation of Nazi assets for the union. In July 1946, he was also given responsibility for rebuilding the Leipzig trade union building. His long-cherished project to honor Heinrich Heine on his 150th birthday, he implemented with his own financial means on December 13, 1947 through the Heinrich-Heine-Denkstein, which he donated . He passed the information about the honor to West Berlin newspapers. On November 6, 1948, Schilling was arrested and during interrogation he was accused of organizing a group of former Social Democrats. Schilling suffered reprisals until his release at the end of December 1948 and was then expelled from the VVN and the SED. Schilling fled to West Berlin in 1953 . Afterwards his son was arrested in Leipzig and imprisoned in Torgau . Even his grandson was told "what a" criminal "his grandfather was when he was drafted into the NVA ".
After his escape, Schilling worked from September 1953 to May 1961 as secretary of the Berlin office of the ICFTU . Until his death, the elderly man worked in the trade union movement and published articles on Leipzig's history. When Schilling died, his body was transferred to Ludwigshafen am Rhein , where he was buried in his son's grave. The gravestone is marked with the words: Erich Schilling, born in LEIPZIG .
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A new nonprofit coalition of mine workers and owners is attacking the administration's environmental policies. They say they're nonpartisan—but they're focusing on swing states in a tight election. Can they have their cake and eat it, too?
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Barack Obama's chances of being reelected hinge on winning over blue-collar voters in the Midwest, but those efforts may have hit a hurdle—or run into a mine shaft, more like it—since a new nonprofit in the region started aggressively going after his administration. Mined in America, a 501(c)(4) created by an unlikely alliance of mine workers and mine owners, is running a series of attack ads against the Environmental Protection Agency, accusing the regulator of stifling resourcing mining that could boost the economy.
"Washington doesn't get it," reads one ad running across the region. "Remind environmental regulators to make Ohio jobs America's priority."
Also planned are calls and mailers to 500,000 voters in swing districts in the swing states of Wisconsin, Ohio, Pennsylvania, and Michigan to ask them to push Obama for job growth over more environmental rules. An online and social media campaign has begun as well.
Despite such microtargeting a few weeks before a tight presidential election, Mined in America insists it's a nonpartisan group focused on education, not politics. As a 501(c)(4) social-welfare organization, the group isn't required to disclose who's funding it or how it's spending money.
"It is not about President Obama winning or losing," says Maurice Daniel, the executive director of the coalition, which includes manufacturers and labor unions. A lifelong Democrat, Daniel was the former political director for Al Gore when Gore was vice president. "We are not advocating for one candidate or another. What we are doing is educating the population about the issues at stake."
Those issues have to do with the way the EPA implements its rules. Mined in America says the rules are arbitrary and unfair. It points to the Spruce Mine project in West Virginia, which the Army Corps of Engineers approved but whose permit was then revoked by the EPA, and to Pebble Mine in Alaska, where it says the EPA is blocking a permit before one has been officially submitted.
The EPA declined to comment for this story, but environmentalists say the EPA's actions are entirely within its purview.
"What they are advocating for is horrendous," said Anna Aurilio, director of the Washington D.C. office of Environment America. "What they are saying is that the EPA shouldn't be able to clear permits for a mine, but that's absolutely the EPA's role. It's like saying your doctor shouldn't tell you to quit smoking."
Daniel, who says "metal and mineral deposits are the building blocks of economic growth in this country," says his group is in favor of environmental regulations; it merely wants those regulations to be clear and consistent. "There is uncertainty and haphazardness in how the rules are enforced, and it creates a level of discomfort. There is a reverberating effect on the culture and climate that sets the tone for any potential investors and as a result the jobs never come."
With six weeks to go before the election, it remains to be seen if the forces behind Mined in America can pull off criticizing Obama's handling of an environmental regulator among a key swing constituency, without helping to bring about his defeat—something it says it's determined to avoid.
Pat Devlin, the CEO of the Michigan Building Trades Council, a coalition of construction unions, and an early backer of Mined in America, says he supported Obama in 2008 and will do so again in 2012. But that doesn't mean he's on board with the president's environmental policies. "I know the president is being pulled in all directions," says Devlin. "But you know what they say about the squeaky wheel."


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text:
Evolution, development, and random biological ejaculations from a godless liberal
Royalty is ridiculous
Lovely eggs!
North Dakota Republicans…enough said
Troll farming is a growth industry
A complete story with a satisfying conclusion
Saying dumb stuff for fun & profit
About how I feel about the latest political contretemps
Rapacity
Any train people out there?
chrislawson on Creepypastor
Reginald Selkirk on Infinite Thread XXVI
whheydt on Infinite Thread XXVI
raven on Infinite Thread XXVI
specialffrog on Creepypastor
Lynna, OM on Infinite Thread XXVI
Nemo on Royalty is ridiculous
Raging Bee on Royalty is ridiculous
The Infinite Thread
UnknownEric the Apostate on Royalty is ridiculous
Atheist Alliance International
Canadian Atheist
Daylight Atheism
Ex-Muslims of North America
Minnesota Atheists
Rosa Rubicondior
Sandwalk
The Morning Heresy
Alas! A blog
Amanda Marcotte
Americans United
Blue Gal
Joe. My. God.
Making Light
Secular Woman
Skeptical Humanities
We Hunted the Mammoth
Coyot.es Network
Genomicron
Genotopia
Judge Starling (Dan Graur)
NCSE
Panda's Thumb
Preposterous Universe
SciAm blogs
Scicurious
Science after Sunclipse
Scientopia
Skulls in the Stars
Telliamed Revisited
The Well-Timed Period
What's in John's Freezer?
Scienceblogs Diaspora
A few things ill-considered
Aardvarchaeology
Aetiology
Class M
Confessions of a Science Librarian
Discovering Biology in a Digital World
Dynamics of Cats
Page 3.14
Tetrapod Zoology
The Pump Handle
My agenda for the Great Isolation » « They're trying to snatch all of my joy away!
There's ordinary evil, and then there's greedy, grasping, gratuitous evil
We're going to have to work on our categories, I see. This one is a mess about profiteering, lawyers who serve greed rather than justice, and an astonishingly selfish view of a pandemic as an opportunity to exploit everyone. Patent trolls are trying to block companies that make COVID-19 diagnostic tests.
Honestly, I wasn't sure how to begin this story or how to fit all the insanity into the title. It's a story involving patents, patent trolling, Covid-19, Theranos, and even the company that brought us all WeWork: SoftBank. Oh, and also Irell & Manella, the same law firm that once claimed it could represent a monkey in a copyright infringement dispute. You see, Irell & Manella has now filed one of the most utterly bullshit patent infringement lawsuits you'll ever see. They are representing "Labrador Diagnostics LLC" a patent troll which does not seem to exist other than to file this lawsuit, and which claims to hold the rights to two patents (US Patents 8,283,155 and 10,533,994) which, you'll note, were originally granted to Elizabeth Holmes and Theranos — the firm that shut down in scandal over medical testing equipment that appears to have been oversold and never actually worked. Holmes is still facing federal charges of wire fraud over the whole Theranos debacle.
However, back in 2018, the remains of Theranos sold its patents to Fortress Investment Group. Fortress Investment Group is a SoftBank-funded massive patent troll. You may remember the name from the time last fall when Apple and Intel sued the firm, laying out how Fortress is a sort of uber-patent troll, gathering up a bunch of patents and then shaking down basically everyone. Lovely, right?
So, this SoftBank-owned patent troll, Fortress, bought up Theranos patents, and then set up this shell company, "Labrador Diagnostics," which decided that right in the midst of the Covid-19 pandemic it was going to sue one of the companies making Covid-19 tests, saying that its test violates those Theranos patents, and literally demanding that the court bar the firm from making those Covid-19 tests.
This is shaking up my perspective — I thought conservatives were the apotheosis of evil and Satan incarnate, but these guys seem even worse. Irell & Manella are American lawyers based in Los Angeles, so the only hope for my equanimity is that they're also Republicans.
PZ Myers
Politics, History, and Law
wzrd1 says
This is an extraordinary risk for the patent troll and their legal staff.
They are willfully and knowingly interfering in the response to a declared national emergency, which is a violation of USC 50 and can be responded to via the extraordinary powers granted the Chief Executive under USC Title 50 § 1621 and USC Title 50 § 1701, as well as USC Title 50 § 1651 and various entities under the Patriot Act and the Sedition Act of 1918 (which has withstood SCOTUS examination).
So, the lot of officers and attorneys involved are looking at 20 years to life in a federal prison for interfering with the response to a national emergency.
As well as painting a fluorescent orange target on all of their backs for our resident armed wingnut population.
raven says
I'm not sure that there is much to worry about here.
There is nothing special about the Covid-19 tests themselves.
They are simple and based on decades old technology.
The technology that Kary Mullis (now dead) developed, PCR, Polymerase Chain Reaction.
The one unique feature is the sample of RNA that is Reverse Transcribed into DNA for the reaction.
It is the virus genome, i.e. Covid-19 RNA.
And that virus didn't even exist that we know of, until December 2019, well after Theranos crashed.
Without knowing the exact details and reading the patents, I'm just making a best guess here.
But really, the usual response to a pointless lawsuit is, "OK, see you in court."
christoph says
@wzrd1, # 1: "which is a violation of USC 50 and can be responded to via the extraordinary powers granted the Chief Executive"
This would present Trump with an interesting ethical dilemma…
@2, it can still tie things up in the courts for a decade. But, the national emergency declaration opens some windows to make the parasites seriously regret ever being born.
@3, Trump and ethical dilemma are rather like another oxymoronic term, "military intelligence" and that's something said by a retired US Army type. Trump has no ethics worth speaking of, beyond the sociopath variety of ethos, so putting the legal screws to the parasites would be trivial and damaging in the extreme to the parasites.
BTW, there was another jewel in the crown of far right idiocy, Former Milwaukee County sheriff David Clarke, better known as "The People's Sheriff". Thus far, he's just on the edge of committing sedition, he only needs to mention arms or militias to complete the set and get him sent up the river for a long, long time.
Streets are battlegrounds, per his own public words and removal of governmental "interference" that's demanded by Article I, Section 8 of the Constitution adds to the offense, while promoting public unrest and disobedience to emergency orders and restrictions in time of a national emergency already opening him up for charges under the Sedition Act of 1918.
We have laws, we have them for a reason and it's about time to teach miscreants that misbehavior during an emergency has severe consequences. Go beyond sedition and venture into treason, corruption of blood and writ of attainder are authorized by the Constitution itself for the lifetime of the convict.
Jaws says
Irell and Manella is worse than being "Republican." Its primary client base is Hollywood studios and bigshots. I've tangled with the firm before and… um… foolish consistency may be the hobgoblin of small minds, but the minds at Irell and Manella are so small they remain untroubled by any consistency apart from "We've got the money and we want yours too."
microraptor says
@1: Oh good. I was hoping there was some way that the company could be charged with a crime over this.
blf says
@6, And, in this sort of case (perhaps especially), their lawyers (both individually and collectively).
@2:
You say this on a blog where there is a giant link with a red border on the side that says "Please donate to our legal defense fund!", costs accrued from defending a completely meritless claim from Richard Carrier (that has been dismissed with prejudice). This particular situation with COVID patents is special, but in the general case your recommendation is naive, at best.
This particular situation with COVID patents is special, but in the general case your recommendation is naive, at best.
Raven: "See you in court."
OK, what would you do?
In the case you just mentioned, Richard Carrier, would you just pay him off to go away?
Hide in a closet and hope it goes away?
I've dealt with patent trolls before.
Federal court, jury trial.
We won.
@ wzrd1, # 4: I was being ironic-Trump's ethical dilemma would be rather he upholds the law or shields a bunch of opportunistic patent trolls.
I think writs of attainder are specifically forbidden by the Constitution:
"Our U.S. Constitution prohibits bills of attainder through Article I, Section 9, Clause 3, along with ex post facto laws and laws impairing contracts. … They are also banned because they violate the first principle of the social compact, in that the American people must agree to their laws in order to be governed."
daved says
The shell company that owns the patents, Labrador Diagnostics, has now backed off and said they'll offer royalty-free licenses to anyone who wants to make COVID-19 diagnostic kits. I think they saw the writing on the wall. Discussion over at the link PZ provided does strongly suggest that the patents are worthless, but of course defending that costs money and takes time.
The Vicar (via Freethoughtblogs) says
Why would they need to be Republicans? Did you miss Joe Manchin's pro-pharma shenanigans? IIRC, he was materially assisted in them by Debbie Wasserman Schultz.
Pierce R. Butler says
How did Martin Shkreli get left out of this gouge-a-palooza?
Kagehi says
@5 Jaws – "We've got the money and we want yours too."
Ah, so.. libertarians then?
Ian King says
A large part of the problem with US politics right now is this mistaken belief that there are two sides, the left and the right.
This is false. The sides are 1) The very rich people who decide everything, 2) the vast sycophantic political architecture that exists to support their power and 3) everybody else.
By this measure, attempting to make money by holding #3 hostage to a global pandemic is an expression of entrepreneurial spirit and to be applauded by #2 to the benefit of #1.
@14 Kagehi: Nope. Just nonideological greed on the part of the entitled, egotistical, and egregiously ignorant. The minds in H'wood are too small for ideology beyond "gimme." (I get to say this because I know them.)
psturn says
Not sure the original article had all of its facts straight. You might want to read this as well as the original article.
https://www.ipwatchdog.com/2020/03/18/twisting-facts-capitalize-covid-19-tragedy-fortress-v-biomerieux/id=119941/
DanDare says
Intetesting whay business people will do.
https://amp.theguardian.com/us-news/2020/mar/15/trump-offers-large-sums-for-exclusive-access-to-coronavirus-vaccine
Akira MacKenzie says
Of course, anyone's support for Senator Sander's is ALL cult of personality and has absolutely NOTHING to do with the desperate need for national health care, student debt relief, or dealing with any of the other issues created by our civilization's addiction to capitalism. Also, my anger at a political party that, for decades, demands my vote in exchange for nothing save continuing to perpetuate the socio-economic system that continues to fuck me over is again due to my being enthralled by one senator from Vermont.
Fuck you. Fuck you all.


How does a person put in inline styles?
When you open up an article from the Content section on the back end of your site or edit it from the front end, you are editing the article using the text editor.
When you edit the font or the color or the size of text with the icons on the text editor, this creates an inline style.
If you create a table and make it 500px wide with the text editors settings, this is inline styling.
How can I tell if inline styles were already used?
There are a couple of ways to tell if an article has inline styles for specific elements.
There are web development tools available for each of the main browsers, Firefox, Chrome, Internet Explorer and Safari. These tools allow you to look under the hood of a live website and see the underlying HTML structure. They also allow you to select an element on the page and see exactly what styles are being applied, down to what style sheet and what line on the style sheet.
What is highlighted in the example above are inline styles.
What should I use instead of inline styling?
You should use class names instead of inline styling in most cases. Some styling, like making something bold, is acceptable to a point. Extensive use of inline styling can be a nightmare to fix.
Set up classes in your style sheet. You then apply the class to the various elements in the text editor. Class names allow you to easily change things through out your web site with minor edits to the class in the style sheet. Class names allow you to change the layout for elements for narrow screens. You may want the images to float left for wide screens, but then have the text below the image on narrow screens.
Instruct your contributors to use these class names instead of the icons that add inline styles in the text editor.
If you use the JCE Editor extension, you can set it up so it links to your style sheet and all existing class names show up in the Styles drop down menu.
What can I do to get rid of existing inline styling?
If you open up the article or Custom HTML module in a text editor, you can toggle the editor and see the underlying HTML for the content. You can go in and edit out the inline styles manually. You can also add the class names this way, too.
If you have the JCE Editor extension installed, there is a little pink and white eraser icon in the tool bar. If you drag your cursor through all your content, then click on this little icon, it will remove all inline styles, but keep the basic tags in place. You can also select specific items in the text editor and use this icon for removing the inline styles for just that one item. JCE Editor has many places to add class names to replace the inline styles.
How do I style the text if I don't want to use Inline Styles?
Then in your user.css or custom stylesheet, you target that class with your styles.
You can use this same class name throughout your website for similar headings, images, etc. This way, if you want to make changes to this element site wide, you can do it in one step.


Military veterans, their families and members of the Royal Family will later pay tribute to the British defense personnel who lost their lives in the Afghanistan conflict, in a service to mark the end of UK involvement in the war.
Speaking ahead of the memorial service, which will take place on Thursday at St Paul's Cathedral, the Afghan president paid his respects to the soldiers.
The service in London will be partnered with a simultaneous event in Afghanistan, for troops still serving.
Prime Minister David Cameron, the Prince of Wales and the Duchess of Cornwall, and the Duke and Duchess of Cambridge are expected to attend the service, which will be followed by a procession through London.
UK troops have been stationed in Afghanistan since 2001, when a US-led coalition invaded the country after the 9/11 attacks.
After a new government was set up in December 2001, the Taliban remained a covert fighting force that has killed thousands of foreign and Afghan troops since the beginning of the invasion.
They are one of the most powerful groups in the country and even declared they had "defeated" the coalition when NATO ended its combat operation in December.
At the peak of the mission, there were 9,500 British troops stationed in Afghanistan.
One mother of a serviceman killed in action told the BBC she was proud to be attending the service.
Anne Linley's son, Staff Sargent Brett Linley, was killed in 2010 as he worked to defuse improvised explosive devices. He was posthumously awarded the George Medal for 'great bravery'.
Linley said she was "looking forward" to the service, saying it was a "great honor" to be part of the event.
"I'm looking forward to it, but dreading it at the same time because you don't know what kind of emotions it will bring forward," she said.
"I miss him all day long ... we carry him in our hearts and always will," she added.
The ceremony has not been welcomed by all parties, however, with pacifist campaign groups eager to condemn the legacy of the invasion.
"This service, with its RAF fly past, is an attempt at a victory parade where there has been no victory. There is something grotesque in the assembly of royalty, politicians, generals and a cross made of shell cases," the spokesperson said.
"No doubt representatives from the arms companies will be lurking in the background.
"Several tens of thousands of civilians died as a direct result of the war, and many thousands more died as a result of the general break-down of Afghan society which ensued," the group added.
The coalition further claimed the war did not improve living conditions for Afghan citizens.
The sentiments from the Afghan president, though, appear to welcome Western influence and contrast greatly with the anti-West sentiment of former President Karzai, who remained adamant that the British presence had made things worse.


We, the crack young staff of �The Hatemonger�s Quarterly,� couldn�t help but notice that our friends on the academic Left are always nattering about some sort of supposed injustice. When these hypocritical pseudo-gadflies are not grousing about their Axis of Evil (the United States and Israel), they are busy signing petitions that condemn purported injustices in strong language.
Naturally, our tenured radicals are not bothered by, say, China�s occupation of Tibet or Syria�s occupation of Lebanon; nor do they shed tears over the plight of women in countries such as Saudi Arabia.
Yet we, the crack young staff of �The Hatemonger�s Quarterly,� have noted another trend amongst our friends on the academic Left: They are ineluctably unconcerned about any brand of injustice to which they contribute, or which affects them in any way. They have no problem nattering on about the evils of �Zionist imperialism,� but issues that hit closer to home don�t appear to be in their collective radar screens.
We, the undersigned, are deeply troubled by manifold injustices: Capitalism, democracy, &c. Yet we wish to announce that we are untroubled by various issues that would normally trouble such beacons of �social justice� as ourselves.
1. The fact that numerous professors at our universities are offered starvation wages and no health-care. As long as they teach the classes we don�t want to bother with, that�s fine by us.
2. The fact that our graduate students live in abject poverty. As long as they teach the classes we don�t want to bother with, that�s fine by us.
3. The fact that our parking spots are far, far better than those held by lowly service employees. Sure, we�re Marxists and all, but we don�t want to take this �fairness� stuff too far.
4. The fact that some students want a balanced liberal arts education, instead of four years of left-wing agitprop.
If our friends on the academic Left would simply sign this humble manifesto, we could claim that they promote truth in advertising. We won�t hold our breath.