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Boletín de la Sociedad Geológica Mexicana
Bol. Soc. Geol. Mex vol.64 no.2 México ago. 2012
Objects made of copal resin: a radiological analysis
Objetos de resina de copal: análisis radiológico
Naoli Victoria Lona1,*
1 Posgrado en Antropología, Facultad de Filosofía y Letras/Instituto de Investigaciones Antropológicas, Universidad Nacional Autónoma de México, Circuito Exterior - Mario de la Cueva s/n, Ciudad Universitaria, Coyoacán, México, Distrito Federal, C.P. 04510, México. *naoliv@hotmail.com
Manuscript received: December 22, 2010.
Corrected manuscript received: June 14, 2011.
Manuscript accepted: April 10, 2012.
Since pre-Hispanic times, copal (Bursera bipinnata resin) has been used for different purposes, from medical to ritual or religious, which promoted its transportation from what is now the state of Guerrero to Morelos, Puebla, and Mexico City, as has been verified by ethnographic studies.
During the Late Post-classic period, the resin was transported to Tenochtitlan where it was transformed into different objects such as bars, spheres, conglomerates, bases of sacrificial knives, anthropomorphic figurines and diverse amorphous fragments. The macroscopic and microscopic study of more than 300 copal objects from the offerings of the Great Temple archaeological zone (Templo Mayor) permitted the establishment of a methodology in the manufacturing processes of several formal groups, which were then corroborated by Computerized Axial Tomography, more commonly known by its abbreviated names, CT scan or CAT scan. This radiological technique, created for the study of living human organisms, is very effective in archaeological applications, since it is not invasive but still allows observation of the surface of an object as well as its interior by means of virtual slices. Additionally, it allows the detection of different densities of the components of the object, making it possible to know the composition of different materials.
Keywords: Resin, copal, archaeological objects, mexica, Great Temple of Tenochtitlan, Late Post-classical period, computerized axial tomography (CAT).
Desde la época prehispánica el copal (resina de Bursera bipinnata) ha sido utilizado para diferentes fines y contextos, desde uno medicinal hasta uno ritual o religioso, lo que ha promovido su transportación desde el actual estado de Guerrero hacia Morelos, Puebla y la misma ciudad de México, tal como ha sido verificado por los estudios etnográficos realizados en estos lugares.
Así, para el Posclásico tardío, como ha sido comprobado etnográficamente, la resina era llevada a Tenochtitlan donde la transformaban en diferentes objetos como barras, esferas, conglomerados, bases de cuchillos de sacrificio, figurillas antropomorfas y fragmentos diversos amorfos. Gracias al estudio macroscópico y microscópico de más de 300 objetos de copal provenientes de las ofrendas de la zona arqueológica del Templo Mayor, se pudo establecer una constante en los procesos de manufactura de cada grupo formal, siendo sometida dicha observación a una corroboración mediante análisis tales como la Tomografía Axial Computarizada (TAC). Esta es una técnica de principio radiológico creada para el estudio del organismo humano vivo, más se ha descubierto que este tipo de estudio es muy efectivo en la aplicación arqueológica, ya que es una técnica no invasiva que permite observar no sólo la superficie del objeto, sino su interior mediante cortes virtuales, además de detectar las densidades de los elementos inmersos del mismo, es decir, establecer diferentes materiales que le componen.
Palabras clave: Resina, copal, objetos arqueológicos, mexica, Templo Mayor de Tenochtitlan, Posclásico tardío, tomografía axial computarizada (TAC).
Copal is an immature recent resin, unlike the fossilized, hardened resin that is known as amber (Anderson and Crelling, 1995). It is a name that refers to tree resin used as an aromatic resin by the pre-Columbian Mesoamerican cultures as incense that is burned ceremonially and used for other purposes (Stross, 1997; Ryan et al., 2003). Copal (in Nahuatl: copalli) is obtained from the Bursera tree. In pre-Hispanic times it was known as copalcuáhuitl, or copal tree, and its resin was called "copalli" (incense) (Hernández, 1959; Cruz, 1964; Martínez-Cortés, 1974; Díaz del Castillo, 2000; Sahagún, 2000; Montemayor, 2007).
Copal is one of the vegetal resins that has been used most frequently in ceremonial contexts in Mesoamerica since pre-Hispanic times. Apart from that, it was also used for its medicinal properties (Hernández, 1959; Strucker, 1963; Coggins and Ladd, 1992; Bork et al., 1996; Flores and Ricalde, 1996; Sahagún, 2000). Characteristic of the copal is its peculiar odor and its white smoke while burning, which is believed to facilitate the communication between humans and the deities that govern the earthly order (Berdan and Rieff, 1992, 1997; Sahagún, 2000).
The present analysis is part of an interdisciplinary investigation (Victoria-Lona, 2004) that was one of the first to propose the systematization of the archaeological research of copal. It is based on copal that was found in different mexica contexts of the Templo Mayor archaeological zone, where the Great Temple of Tenochtitlan (Late Post-classical period: 1325 - 1521 AD) is located (Matos-Moctezuma, 1981; López-Luján, 1993; López-Austin and López-Luján, 2002). In order to understand the ancient role of the copal, it was also important to consider its modern production by interlocking archaeological, historical, botanical and ethnographic aspects, including physical, chemical and radiological analyses, such as Computerized Axial Tomography. This analytical technique is more commonly known by its abbreviated names, CT scan or CAT scan (Smith-Bindman et al., 2009).
Two presentations of copal exist from the same tree (Bursera bipinnata) for Mesoamerican area (Rzedowski, 1978; Rzedowski and Guevara-Féfer, 1992; Rzedowski and Calderón de Rzedowski, 1996), the main difference being in the way it is obtained, as well as in its external appearance: gum, stone or wild copal and santa ("saint"), white or penca (leaf of aloe) copal. According to historical sources and ethnographic study, the names date from pre-Hispanic times and are due to its exterior look. The first one exudates naturally on the surface of the trunk in the form of little, mostly grayish drops. A curved knife is used to scratch the surface of the trunk and branches, separating the fragments of fresh copal with a gumlike consistency that look like small stones.
White copal is obtained by making diagonal cuts in the trunk or branches provoking the emanation of the semi-liquid milky sap of the tree, which accumulates in agave leaves (Figure 1). As the substance hardens, it takes the form of its container, resulting in bars of white copal. This is the most common form in which this type of resin has been transported since pre-Hispanic times as a tribute from the provinces of Tlachco and Tepecuacuilco, in what is now the State of Guerrero, to Tenochtitlan, now the center of Mexico City. In pre-Hispanic times, every 80 days 8000 packages of wild copal wrapped in maize leaves and 400 baskets of white copal in bars were tribute (Matrícula de Tributos, 1991, fs. 16r-17r; Berdan and Rieff, 1992, fs. 38r-39r); even in some places today, copal is still packed in this way (Figure 2).
2. Study material and methodology
2.1. Formal groups of objects of copal
The formal classification of the archaeological collection of copal is based on the macroscopic and microscopic analysis of over 300 elements of copal found in 61 offerings. These analyses included the detailed description of each object and its graphic recording (drawing) and photographic recording (Appendix 4 in Victoria-Lona, 2004).
In addition, physical analysis was made, such as: humidity measurement to record how it affects materials, application of hydrochloric acid (HCl) to detect the presence or absence of stucco (CaCO3), application of alcohol (copal recovers its properties by rehydrating with a mixture of alcohol – water, 2:1), and exposure to fire to corroborate that it is authentic resin. For this analysis, objects in different stages of conservation were selected from each formal group.
The conservation status refers to the percentage of the preserved object (90 % to 100 % means the object is in good condition, while 20 % represents a poor state of conservation), and the quality of the materials that it contains (stucco compactly adhered to the surface of copal shows a good state of preservation, while stucco that is crumbly or has broken off from the copal represents poor conservation).
Thus, the copal collection has been classified into six formal groups: bars, spheres, conglomerates, bases of sacrificial knives, anthropomorphic figurines, and miscellaneous fragments, all recovered from the Great Temple of Tenochtitlan and adjacent buildings.
As part of the macroscopic analysis, the manufacturing process was established based on a detailed description, chemical analysis and analysis of the deterioration process of every object in the archaeological collection under consideration. Study of the material in different stages of deterioration was helpful in reconstruction of the manufacturing process, including surface as well as interior features, in order for the hypothesis to be tested.
Understanding the deterioration process allowed us to establish the different stages of of the manufacturing process. Macroscopic analysis was complemented by analyses of radiological type that corroborated some of the hypotheses developed as a result of the first stage of the study.
Once the macroscopic analysis was completed and the formal groups established, representative pieces from each formal group were chosen to be studied by CAT to corroborate the hypotheses related to the prime material by comparing densities, as well as the different stages of the manufacturing process (Table 1).
2.2. Physical principle of Computerized Axial Tomography (CAT)
Computerized Axial Tomography is a method of sectional imaging that shows the structures in axial or transverse plane, without overlapping, taking into account the density of the materials in a system of units called Hounsfield units (Figure 3). The analysis of the density of human organs generates basic information with values that identify water, muscles and organs, calcium and bone, fat, and air (Harwood-Nash, 1979; Lee et al., 1983).
Eight pre-Hispanic copal objects were chosen as representatives of each formal group: two of 40 spheres, one of seven conglomerates, and five of 80 anthropomorphic figurines. Bars were not taken into account because the ethnographic work shows its origin, nor were the bases of sacrificial knives because the material and manufacturing process were clearly demonstrated with the macroscopic analysis thanks to the different states of preservation; the material classified as miscellaneous was also left out (Table 2).
Some density data was taken from human studies, such as air and calcium, which have a base composition similar to the stucco (calcium carbonate (CaCO3) present in the copal anthropomorphic figurines. To establish a reliable comparison, it was necessary to record the density of modern copal, so it could be contrasted with the value of pre-Hispanic material. The density of known incense was included. This incense is burned for its aromatic effect and has a synthetic origin, unlike the copal that is a vegetal resin (Figure 4).
Some materials were identified in the interior of the pieces of copal. The same procedure used for humans was applied to the archaeological material. The piece was placed on the table that slides towards the gantry in order to take the images, to measure densities, and to generate three-dimensional images.
To be able to work the resin in all its presentations, heat is necessary to smooth and shape it like clay. Different evidence indicates the application of direct and indirect heat on the vegetal material, such as crystallized areas and stains on one hand, and fingerprints from shaping the resin or warming the resin in pots on the other.
This latter procedure is suggested by Fray Bernardino de Sahagún (2000), who described how copal and other substances like the chapopotli (tar) and the ulli (rubber), were crumbled to melt them in pots that were placed on embers in order to make medicinal ointments or a kind of cream. It is probable that the copal resin was warmed in the same way to manufacture objects.
3.1. Bars of white copal
The ethnographic study of copal helped significantly to understand the manufacture of the bars and "tears" because, as previously mentioned, the fresh resin takes the shape of the agave leaf which is used like a mold and the consequent marks are visible on the surface.
3.2. Spheres and conglomerates of gum and white copal
These objects are asymmetric but with a clear general shape, showing small visible depressions possibly caused by finger pressure, and in other cases resulting from smoothing or polishing.
The process of manufacture starts by joining fragments of the resin in order to make a spherical nucleus. Concentric layers are added until the desired form and size is obtained, leaving spaces between every layer and the fragments of copal adhered, as seen in the radiological analysis (Figure 5).
The external layer of the object was smoothed or polished, and subjected to heat in order to enhance the adhesive properties of the resin and to assure the consolidation of the piece.
3.3. Bases of sacrificial knives of gum and white copal
The principle is similar to that of the spheres and conglomerates, the difference being that the fragments of copal do not stick to a nucleus of resin, but to the proximal section of the knife starting with the flat faces, and later, the lateral ones. The object is then smoothed or polished. Fire or heat is applied in order to consolidate the components.
3.4. Anthropomorphic figurines of white copal
The process of manufacture of anthropomorphic figurines was established on the basis of the analysis of 80 pieces from this group, composed of 19 female figurines, 53 male figurines and eight of indeterminate genre as a result of poor conservation.
A nucleus of copal is evident, with specific facial and corporal characteristics, made by joining fragments of resin in a mold until it is filled. The nucleus is then covered with a layer of stucco, using a double mold where the representation of facial and corporal features is evident, such as apparel.
Finally the figurines are decorated by pigments and garments made of paper, and occasionally complementary elements such as flags (Figure 6).
Copal is a resin that has been used since pre-Hispanic times, with both curative and religious uses, which was burned and buried in diverse forms. There are two types of copal produced by the same tree: gum, stone or wild copal and the "saint" (santa), white or penca (leaf of agave) copal. These two kinds of archaeological copal were found in the Great Temple (Templo Mayor archaeological zone) and are both observed in massive forms and in small leaves or flakes.
The archaeological collection (of over 300 elements of copal found in 61 offerings) has been classified in six formal groups: bars, spheres, conglomerates, bases of sacrificial knives, anthropomorphic figurines, and miscellaneous fragments.
The manufacturing process was established based on a detailed description of every object. For the successful manufacture of copal objects, it was necessary to soften the resin, thus the application of heat is an essential part of the process.
At the moment when the material is obtained, the fresh resin takes the shape of the agave leaf used like a mold and the consequent marks are visible on the surface creating the bars of copal; but sometimes the resin spills, and the drops are called lágrimas (tears).
Resin fragments were commonly adhered together to obtain the desired forms, and surface was smoothed to give the appearance of a single unit, such as for the spheres, conglomerates and bases of sacrificial knives.
The figurines were elaborated by shaping a nucleus of copal with stucco covering, across which the decoration was placed.
The process of deterioration is useful in reconstructing the manufacturing process of the copal objects; the first stage of the study consisted of macroscopical and microscopical observations. These were complemented with CAT, which is a noninvasive technique. It analyzes the objects in different thin layers, identifying their densities. These densities can be classified according to a table of comparison, which was first established from the macroscopical observations and the analysis of physical types, and second, from all the chemical types of the representative samples of the copal study collection.
The complement of both analyses allowed us to establish the manufacturing process and the materials of which the copal objects were made. Although the copal was the predominant material, stucco (ground limestone), small stones, straw, paper, pigments, and other materials, were used as well. The most important contribution is that all this was possible without destroying the archaeological material (Figure 7).
The macroscopic analysis of more than 300 objects made of copal provides an important base to propose and to corroborate the manufacture hypothesis.
The use of analytic tools of different disciplines, such as the invaluable contribution of Computerized Axial Tomography, allowed us to corroborate the macroscopic observations, thus providing more information about the technical process of manufacture, such as the materials used in the manufacture of the objects without destroying the archaeological pieces, because it is a non-invasive and very exact tool.
We acknowledge the support of José Luis Criales, director of CT Scanner de México, Leonardo López Luján from the Museo del Templo Mayor, Instituto Nacional de Antropología e Historia; Jorge E. Gama, Carolina Jasso, and Leticia Alba from the Instituto de Geología, Universidad Nacional Autónoma de México; Adrián Benítez, Daniela Huber, José Luis Hernández, Julio Emilio Romero, and the people who made the ethnographic work possible, as well as many specialists from different areas who participated in developing this research. We culminated this study thanks to the enthusiasm of all those who supported this research.
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Jaime Torres Bodet no. 176, Col. Santa María la Ribera, México, Distrito Federal, MX, 06400, (52-55) 56224133
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Q: Thoughts on image replacement fading etc. via jQuery Any thoughts on this approach? Any feedback greatly appreciated. tryFindUserName is an AJAX call that returns a simple true or false. My concern is that it is not neat enough, nor does it extend very well. Also, should I check state change as the code below always hides and shows the img.
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Q: How to center All position element in div I have .child_div element and it have absolute items so i want to centered inside my .child_div (green background) element properly.

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A: Removing the position: absolute and unnecessary margin and left values, you get the desired result.
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Janet Ross is a licensed and certified physician assistant. She is a graduate of the Lake Erie College/Cleveland Clinic Physician Assistant Program and has been employed as a physician assistant full-time since 1993. She was a lifelong resident of Ohio until she relocated to Dallas in 2014 to be close to family. She has previous experience in occupational medicine, pain management, and physical medicine/rehabilitation.


Today's Final Jeopardy answer (in the category Mammals) and game statistics for the Friday, November 16, 2018 Teen Tournament semifinal between Rohan Kapileshwari, Emma Arnold and Audrey Satchivi.
Today's Final Jeopardy answer (in the category The American Revolution Era) and game statistics for the Thursday, November 15, 2018 Teen Tournament semifinal between Jack Izzo, Caleb Richmond, and Maya Wright.
Today's Final Jeopardy answer (in the category International Groups) and game statistics for the Monday, November 12, 2018 Teen Tournament quarterfinal between Rhea Sinha, Jack Izzo, and Tim Cho.


Businesses across the country are offering a salute to those who serve our country on Veterans Day.
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Gary K. Farlow
On December 20, 2020 January 8, 2022 By justiceartscoalition
Read Gary's Artist Spotlight here!
Gary Farlow
Gary K Farlow
Gary K. Farlow attended Guilford Technical Community College, majoring in Administration of Justice. He completed undergraduate studies at the John Marshall School of Law in Atlanta, and earned a Juris Doctorate from the Thomas Jefferson College of Law at Head University in Christiansted, St. Croix, U.S. Virgin Islands. He also holds degrees from Western Illinois University, South Piedmont Community College, Montgomery Community College, and Southeastern Theological Seminary. He is past chairman of the Greensboro Human Relations Commission; represented North Carolina Governor James G. Martin on the North Carolina Board of Examiners for Nursing Home Administrators; represented North Carolina at the 1984 national Conference of the Aged; was a Reagan and Bush Administration nominee for the African Development Foundation; served on the United Arts Council of Greensboro, Greensboro Historical Museum and Society, and the Greensboro Chamber of Commerce. He is a former vice president of the Gate City Jaycees, the Lions Club, and the Founder of the Senior Theatre Consortium. Mr. Farlow's previous writings have appeared in Chicken Soup for the Prisoner's Soul, the Volunteer's Soul, and The African American Soul, as well as Serving Time, Serving Others, Serving Productive Time, the Journal of the American Health Care Association, and two poetic anthologies of the National Library of Poetry, Essence of A Dream and Visions. He is the author of both Prison-ese: A Survivor's Guide to Speaking Prison Slang, first edition published by Loompanics Unlimited, and The Cellblock Gourmet: Inmate Recipes From The Big House and Doin' Time: How to Survive and Thrive in Prison, both published by the Graduate Group. Mr. Farlow is a Former Associate Editor of the East Triad Press and The Greensboro Sun; sports reporter for The High Point Enterprise, and has written various features for The Greensboro News and Record. He is a recipient of the PEN Award for Prison Writers and has written several play scripts including Sticks, which deals with the HIV/AIDS epidemic in the nation's prison system; Beyond Bars, dealing with the difficulties faced by those transitioning back into society after incarceration; A Homeless History Lesson, which explores the plight of the homeless and substance abuse in America. His poetry has been released on audio-cassette by the National Library of Poetry entitled Visions: The Poetry of Gary Farlow. Mr. Farlow has travelled extensively and has been a guest lecturer at Rand Afrikaans University in Johannesburg, South Africa, and at the Medical University of South Africa in Pretoria. He has appeared on Eye on Washington and Good Morning South Africa. His poetry has also been released in two additional anthologies, Collections, by Iliad Press and The Best Poetry of America, by the National Library of Poetry.
An accomplished artist, specializing in urban landscapes utilizing colored pencil, Mr. Farlow's works have been on display at Art With Conviction in Tucson, Arizona, the Prisons Foundation and Safer Streets Art Foundation in Washington D.C., and at the Durland Alternatives Library at Cornell University in Ithaca, New York. Mr. Farlow writes for the Prison Journalism Project.
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Checking In On The Carson Case
By Mike Koehler on March 8, 2012 in Carson, FCPA Trials, Foreign Official, Internal Investigation Issues, Jury Instructions
After Judge James Selna (C.D. Cal.) denied the "foreign official" motion to dismiss challenge in the Carson case in May 2011 (see here for the prior post) , the "foreign official" issue moved to the jury instructions – see here and here for prior posts. Last month, Judge Selna issued an order (here) regarding certain jury instructions. Not surprisingly, Judge Selna carried forward his previous "instrumentality" analysis into the "instrumentality" jury instruction.
As to the "knowledge of status of foreign official," Judge Selna's instruction states as follows.
"(4) The defendant offered, paid, promised to pay, or authorized the payment of money, or offered, gave, promised to give, or authorized the giving of anything of value to a foreign official;
(5) The payment or gift at issue in element 4 was to (a) a person the defendant knew or believed was a foreign official or (b) any person and the defendant knew that all or a portion of such money or thing of value would be offered, given, or promised (directly or indirectly) to a person the defendant knew or believed to be a foreign official. Belief that an individual was a foreign official does not satisfy this element if the individual was not in fact a foreign official.
(6) The payment or gift at issue was intended for at least one of four purposes: a. To influence any act or decision of a foreign official in his or her official capacity; b. To induce a foreign official to do or omit to do any act in violation of that official's lawful duty; c. To secure any improper advantage; or d. To induce a foreign official to use his or her influence with a foreign government or department, agency, or instrumentality thereof to affect or influence any act or decision of such government, department, agency, or instrumentality;
In his order, Judge Selna stated as follows.
"The Government proposes to add the following paragraph to element 5:"
The government need not prove that the defendant knew the legal definition of "foreign official" under the FCPA or knew that the intended recipient of the payment or gift fell within the legal definition. The defendant need not know in what specific official capacity the intended recipient was acting, but the defendant must have known or believed that the intended recipient had authority to act in a certain manner as specified in element 6."
The Court does not believe that this language is necessary, and it is potentially confusing."
As previously noted by the Federal Securities Law Blog (see here), earlier this week, the Carson defendants filed a motion to dismiss (here) and a motion to suppress (here).
In summary, the motion to dismiss states as follows.
"The basis for Defendants' Motion is that the impact of the cumulative impediments – unique investigation tactics preventing Defendants access to millions of pages of evidence they would normally receive under Rule 16, the lack of a meaningful Brady review, CCI's loss of crucial documents underlying many of the counts and transactions, the inability of Defendants to obtain foreign documents and subpoena foreign witnesses, CCI instructing its employees not to speak with the defense, many of which are pertinent to the counts and transactions, as well as opaque statutes applied in a novel fashion and failure to provide mandated public awareness – in combination, deprived Defendants' of their Due Process and Sixth Amendment rights, including the right to present a complete defense, and have prejudiced Defendants to such a severe extent that dismissal is the only appropriate remedy."
Of note, the motion argues that "from the outset of [Control Component Inc's] CCI's internal investigation in August 2007, CCI, through its counsel Steptoe & Johnson LLP ("Steptoe"), worked hand-in-hand with DOJ to investigate the matters at issue in this case." The motion further argues as follows. "The DOJ and CCI essentially agreed to a private information-sharing arrangement between them. With this agreement in place, CCI selectively disclosed only information CCI believed inculpated Defendants and DOJ did not seek additional information." According to the motion, "the collaborative nature of DOJ's and CCI's relationship provided both parties benefits, to the detriment of Defendants …".
Under the heading "The FCPA and Congressional Efforts for Clarity" the motion states as follows.
"Portions of the FCPA are obscurely written and a key term at issue in this case is the meaning of "instrumentality," which is not defined in the statute. This Court's ruling, which involves a non-exclusive, multiple factor test to determine whether a state-owned-enterprise is an "instrumentality," shows just how complex and unclear the FCPA is. The FCPA's history reflects Congress' recognition of the inherent lack of clarity. Eleven years after Congress enacted the FCPA, Congress adopted amendments via the 1988 Omnibus Trade and Competitiveness Act ("Trade Act"), reflecting an important policy decision: the federal government must make substantial efforts to inform the public about the FCPA. Congress, therefore, required the Attorney General ("AG") to consult with various federal agencies and departments; obtain the views of interested persons through a public notice and comment procedure; determine based on this combined input "to what extent" FCPA compliance would be enhanced and the business community assisted by further clarification of the FCPA; and then, based on this determination, issue guidelines illustrating allowable and prohibited conduct, clarify Department of Justice's ("DOJ's") enforcement policies and generate precautionary procedures to aide in compliance. The AG's compliance with Congress' directive has been minimal." [For more on this issue, see this prior guest post].
The motion also asserts that CCI "directed employees not to talk with defense counsel." The motion states, in pertinent part, as follows. "Had the government directly instructed witnesses not to speak with the defense, or even to do so only in the prosecution's presence, such conduct would violate Defendants' constitutional right to present a defense." […] The same constitutional principle should apply here, given CCI cooperated in the government's investigation, including by sharing witness specific information. […] Steptoe's actions against [a former Regional Sales Manager in Asia] and possibly others would constitute government intimidation of a witness if this Court finds CCI was an agent of the government, which clearly would violate Defendants' Fifth and Sixth Amendment rights."
Elsewhere, the motion states as follows. "Defendants were responsible for oversight of significant international business, yet IMI/CCI provided no FCPA training."
In summary, the motion to suppress states as follows.
"The basis for this Motion is that CCI and its counsel were de facto public actors when they implicitly threatened to terminate Defendants' employment if they did not cooperate and participate in interviews with CCI's investigators. At the time of the interviews, CCI and IMI were not only in contact with law enforcement authorities regarding the investigation, but were collaborating with the Department of Justice ("DOJ") in how to conduct the investigation and obtain relevant admissions from the Defendants. CCI compelled the Defendants' statements with the government's knowledge, certainly at a minimum with the government's general encouragement, and with the intent to cooperate with the DOJ. As a matter of fact and law CCI was an agent of the government during the interviews. Thereafter and further to published DOJ memoranda, CCI spared no expense in cooperating with the government by identifying purported culprits and disclosing the fruits of its investigation, including interviews of the Defendants, to the DOJ. Thus, CCI's actions are "fairly attributable to the government." CCI compelled the Defendants' statements under a classic "penalty situation" – CCI required them to answer all questions regardless of their Fifth Amendment right against self-incrimination or be fired. Because CCI was a state actor when it compelled the Defendants' statements, it violated their Fifth Amendment rights and the statements must be suppressed."
Second Circuit Affirms Bourke's Conviction
By Mike Koehler on December 14, 2011 in Bourke, FCPA Appeals, FCPA Jurisprudence, Jury Instructions, Knowledge
Earlier today the Second Circuit Court of Appeals issued a decision (here) affirming Frederic Bourke's 2009 conviction of conspiring to violate the FCPA and the Travel Act and of making false statements.
The Bourke appeal was principally based on knowledge issues which present narrow, factually unique issues. Nevertheless the Second Circuit's holding on conscious avoidance is noteworthy in terms of FCPA jurisprudence. Essentially the court held that Bourke enabled himself to participate in a bribery scheme without acquiring actual knowledge of the specific conduct at issue and that such conscious avoidance, even if supported primarily by circumstantial evidence, is sufficient to warrant an FCPA-related charges. The message to international investors should be clear, if a potential investment results in sleepless nights and fear of asking specific direct questions because of the answers you might receive, there is probably better uses for your money.
Brian Whisler (an FCPA practitioner at Baker & McKenzie – see here) who has been following the case offered the following. "Despite the considerable speculation surrounding this case, today's Second Circuit opinion affirming Mr. Bourke's conviction came with little surprise, as the standard on review is so heavily weighted in favor of the government when defendants challenge the sufficiency of the evidence underlying their convictions. The Court found that a rational juror could infer from the totality of the evidence that Mr. Bourke deliberately avoided confirming his suspicious aroused by multiple red flags signaling corruption and that the same evidence could establish his knowledge about the crime. Given DOJ's aggressive pursuit of individual executives, this precedent is instructive, particularly for purposes of defining willful blindness."
Before turning to the Second Circuit's decision, a bit of background. The Bourke case is arguably the most complex and convoluted case in the history of the FCPA and focuses on the conduct of Bourke and others – including most notably Viktor Kozeny (who is enjoying life in the Bahamas) – in a bribery scheme connected to the privatization of the Azerbaijan state-owned oil company, SOCAR. The case largely focused on the FCPA's knowledge element and whether Bourke, as an investor, had sufficient knowledge of the bribery scheme.
As noted in this previous post when Bourke was sentenced to 366 days in November 2009, the case involved a nearly decade long investigation that spanned the globe, dismissal of FCPA substantive charges on statute of limitations grounds, reinstatement of the FCPA substantive charges, a superseding indictment which then dropped the FCPA substantive charges and a six week jury trial. For additional background on the case, see this superb piece by Andrew Longstreth that appeared in the American Lawyer.
Bespeaking the complex nature of the case, in November 2009 when Judge Shira Scheindin (S.D.N.Y.) sentenced Bourke she stated as follows. "After years of supervising this case, it's still not entirely clear to me whether Mr. Bourke is a victim or a crook or a little bit of both."
A previous post (here) outlined Bourke's appeal.
The Second Circuit's opinion begins as follows. "On appeal, Bourke vigorously attacks his conviction on several fronts, including the (1) correctness of the jury instructions given, (2) the propriety of certain evidentiary rulings made by the district court, and (3) the sufficiency of the evidence supporting the false statements conviction. For the reasons given below, we affirm."
After a detailed discussion of the facts, the Court focused on the jury instructions and stated as follows. "Bourke challenges the jury instructions on four primary grounds. First, he argues the district court erred in refusing to instruct the jury that it needed to agree unanimously on a single overt act committed in furtherance of the conspiracy. Second, he argues the district court improperly charged the jury on conscious avoidance because (1) there was no factual basis for such a charge; and (2) the government waived its reliance on the conscious avoidance theory. Third, he argues the district court erred by failing to instruct the jury that the government needed to prove Bourke acted "corruptly" and "willfully" to sustain a conviction on FCPA conspiracy. Finally, he argues the district court erred in failing to give the jury Bourke's proposed good-faith instruction."
As to overt acts, the Court held that "the jury need not agree on a single overt act to sustain a conspiracy conviction." The court stated as follows. "We conclude, therefore, that although proof of at least one overt act is necessary to prove an element of the crime, which overt act among multiple such acts supports proof of a conspiracy conviction is a brute fact and not itself element of the crime. The jury need not reach unanimous agreement on which particular overt act was committed in furtherance of the conspiracy."
As to conscious avoidance, the Court disagreed with Bourke's argument that a conscious avoidance charge lacked a factual predicate and stated as follows. "While the government's primary theory at trial was that he had actual knowledge of the bribery scheme, there is ample evidence to support a conviction based on the alternate theory of conscious avoidance. The testimony at trial demonstrated that Bourke was aware of how pervasive corruption was in Azerbaijan generally. Bourke knew of Kozeny's reputation as the "Pirate of Prague." Bourke created the American advisory companies to shield himself and other American investors from potential liability from payments made in violation of FCPA, and joined the boards of the American companies instead of joining the Oily Rock board. In so doing, Bourke enabled himself to participate in the investment without acquiring actual knowledge of Oily Rock's undertakings. The strongest evidence demonstrating that Bourke willfully avoided learning whether corrupt payments were made came from tape recordings of a May 18, 1999 phone conference with Bourke, fellow investor Friedman and their attorneys, during which Bourke voiced concerns about whether Kozeny and company were paying bribes. […] Finally, Bourke's attorney testified that he advised Bourke that if Bourke thought there might be bribes paid, Bourke could not just look the other way. Taken together, a rational juror could conclude that Bourke deliberately avoided confirming his suspicions that Kozeny and his cohorts may be paying bribes."
The Court further stated as follows. "It is not uncommon for a finding of conscious avoidance to be supported primarily by circumstantial evidence. Indeed, the very nature of conscious avoidance makes it unlikely that the record will contain directly incriminating statements. Just as it is rare to find direct record evidence of an employer stating, "I am not going to give you a raise because you are a woman," it is highly unlikely a defendant will provide direct record evidence of conscious avoidance by saying, "Stop! I think you are about to discuss a crime and I want to be able to deny I know anything about it!" Here, the evidence adduced by the government at trial suffices to support the giving of a conscience avoidance charge."
The Court specifically rejected Bourke's argument that the conscious avoidance charge improperly allowed the jury to convict him based on negligence, rather than based on evidence that he avoided learning the truth. The Court stated as follows. "[T]he record contains ample evidence that Bourke had serious concerns about the legality of Kozeny's business practices and worked to avoid learning exactly what Kozeny was doing." Moreover, the Court stated that the "district court specifically charged the jury not to convict based on negligence [and] there is no reason to suspect that the jury ignored that instruction."
As to mens rea, the Court found no error in the district court's jury instruction that to convict the jury had to find that Bourke knew of the conspiracy's object and that Bourke intended for that object to be accomplished. The Court found that "the district court properly instructed the jury that it must find Bourke knowingly entered into a conspiracy that had the object of corruptly and willfilly bribing foreign officials and that Bourke intended to aid in achieving this object." In so holding, the Court stated that Bourke's requested jury instruction that would have required the jury to "find Bourke willfully and corruptly joined a conspiracy to willfully and corruptly bribe foreign governments" was an "absurd result unsupported by the law."
As to Bourke's proposed good faith instruction, the Court stated as follows. "Even assuming arguendo that Bourke's proposed instruction was legally correct with an adequate basis in the record, his argument fails because the theory was effectively presented elsewhere" in the jury instructions and the "failure to give a specific good faith charge does not require reversal."
Does the Second Circuit's decision mark the end of the road for Bourke? Perhaps not, his request for a new trial – based on the theory that a key witness offered false testimony – is still pending. The Second Circuit's decision does not address Bourke's pending request, but in light of its decision, it is unlikely that Judge Scheindin will grant Bourke's motion.
Guilty Verdict in Haiti Teleco Case
By Mike Koehler on August 5, 2011 in Carlos Rodriguez, FCPA Trials, Foreign Official, Haiti Teleco Enforcement Actions, Joel Esquenazi, Jury Instructions
Much of the attention this spring and summer has been on the Africa Sting, Lindsey Manufacturing and Carson cases. Yet an FCPA trial also took place in Miami – part of the massive Haiti Teleco cases (see here for the prior post).
Today, the DOJ announced (here) that a federal jury (after a two week trial) convicted defendants Joel Esquenazi and Carlos Rodriguez "on all counts for their roles in a scheme to pay bribes to Haitian government officials" at Haiti Telecom.
Assistant Attorney General Lanny Breuer stated as follows. "This verdict is another powerful example that bribery of government officials – whether at home or abroad – has serious consequences. In finding the defendants guilty on all charged counts, the jury sent an unmistakable message that paying off foreign officials does not, in fact, pay off."
According to the DOJ release, Esquenazi and Rodriguez, were convicted of one count of conspiracy to violate the FCPA and wire fraud; seven counts of FCPA violations; one count of money laundering conspiracy; and 12 counts of money laundering.
Sentencing for both defendants currently is scheduled for Oct. 13, 2011.
Previously in the case, Esquenazi challenged the DOJ's foreign official interpretation (see here for the prior posts) and the DOJ and the defendants also sparred over the "foreign official" jury instructions.
Judge Martinez instructed the jury as follows.
"An 'instrumentality' of a foreign government is a means or agency through which a function of the foreign government is accomplished. State-owned or state-controlled companies that provide services to the public may meet this definition. To decide whether [Haiti Telecom] is an instrumentality of the government of Haiti, you may consider factors including but not limited to: (1) whether it provides services to the citizens and inhabitants of Haiti; (2) whether its key officers and directors are government officials or are appointed by government officials; (3) the extent of Haiti's ownership of Teleco, including whether the Haitian government owns a majority of Teleco's shares or provides financial support such as subsidies, special tax treatment, loans or revenue from government-mandated fees; (4) Teleco's obligations and privileges under Haitian law, including whether Teleco exercises exclusive or controlling power to administer its designated functions; and (5) whether Teleco is widely perceived and understood to be performing official or government functions. These factors are not exclusive, and no single factor will determine whether [Teleco] is an instrumentality of a foreign government. In addition, you do not need to find that all the factors listed above weigh in favor of Teleco being an instrumentality in order to find that Teleco is an instrumentality."
Defendants have a good chance to challenge this instruction on appeal should they so choose.
"Foreign Official" Action Abounds in Carson Proposed Jury Instructions
By Mike Koehler on July 27, 2011 in Carson, Foreign Official, Jury Instructions
A prior post (here) detailed how the Carson "foreign official" challenged moved to the jury instruction and the post summarized the defendants' and the DOJ's dueling jury instructions.
On Monday, both sides filed (here) and (here) objections to each others jury instructions and this post provides an overview.
As discussed in the prior post, the DOJ's proposed jury instruction stated, in full, as follows.
"The term "foreign official" means any officer or employee of a foreign government or any department, agency, or instrumentality thereof, or of a public international organization, or any person acting in an official capacity for or on behalf of any such government or department, agency, or instrumentality, or for or on behalf of any such public international organization.
An "instrumentality" of a foreign government is any entity through which a foreign government achieves an end or purpose, and can include state-owned entities. In determining whether an entity is an instrumentality of a foreign government, you should consider the following:
(1) the circumstances surrounding the entity's creation;
(2) the foreign government's characterization of the entity and the entity's employees, and whether the entity is widely perceived and understood to be performing official (i.e., governmental) functions;
(3) the foreign government's control over the entity, including the foreign government's power to appoint key directors or officers of the entity;
(4) the purpose of the entity's activities, including whether the entity provides a service to the citizens of the jurisdiction;
(5) the entity's obligations and privileges under the foreign country's law, including whether the entity exercises exclusive or controlling power to administer its designated functions;
(6) the extent of the foreign government's ownership of the entity, including the level of financial support by the foreign government (e.g., subsidies, special tax treatment, and loans)
These factors are not exclusive, and no single factor is dispositive. In addition, in order to conclude that an entity is an instrumentality of a foreign government, you need not find that all of the factors listed above weigh in favor of such a determination."
In sum, defendants objected as follows. "Significant portions of the Indictment in this case may survive or fall based upon the jury's ultimate conclusion regarding whether the specific state-owned enterprises ("SOEs") identified in the substantive FCPA counts qualify as government 'instrumentalities' under the FCPA and their employees 'foreign officials.' Yet rather than propose a jury instruction that sets forth a clear legal yardstick against which this central factual determination must be measured, the government instead proposes a vague and amorphous 'foreign official' and 'instrumentality' jury instruction that (1) is legally incorrect, and (2) provides no concrete guidance to the jury to intelligently determine which SOEs qualify as 'instrumentalities' and which do not."
Taking aim at the DOJ's proposed instruction that an "instrumentality of a foreign government is any entity through which a foreign government achieves an end or purpose," defendants argue that "foreign governments achieve an 'end' or 'purpose' through virtually every business enterprise operating in their countries since those enterprises employ workers, pay taxes, and engage in myriad other activities that are beneficial to those governments."
Defendants further assert that "foreign governments also achieve an 'end' or 'purpose' through every private company they hire or contract with, such as engineering, procurement, and constructions firms, law firms, information technology firms, and the like" and that "every company that sells a product or service to a foreign government helps that government achieve an end or purpose…". Defendants maintain that "adopting the government's proposed instruction […] would place no practical limits on the definition of 'instrumentality.'"
Defendants further argue that the DOJ's "end" or "purpose" test "has no grounding in the text of the statute or the statute's legislative history" and "now that the issue is being actively litigated […] the government has cherry-picked the most expansive dictionary definition possible." However, defendants state, "the government can point to no evidence – and there is no evidence – that Congress ever intended such an expansive definition of the term" – "in fact all of the evidence is to the contrary."
In addition, defendants argue that "the government's proposed instruction does not provide adequate guidance to the jury to intelligently determine whether a particular SOE is or is not a foreign government 'instrumentality."" Defendants maintain that the DOJ's "instruction is devoid of a clear benchmark that must be met before the jury may conclude that the government has satisfied its burden to prove beyond a reasonable doubt that a particular SOE is a foreign government 'instrumentality' under the FCPA" and that "such a vague, amorphous, and standardless instruction cannot be permitted." For instance, in discussing certain of the "proposed factors" in the DOJ's instruction, defendants state as follows. "… factor 1 tells the jury to consider 'the circumstances surrounding the entity's creation,' but it never explains precisely what circumstances the jury should consider and how those circumstances are relevant to the 'instrumentality' inquiry." "Similarly," defendants state, "factor 2 instructs the jury to consider, among other things, 'whether the entity is widely perceived and understood to be performing official (i.e. governmental) functions." However, defendants ask – "perceived and understood by whom" – "the citizens of that country" "the defendants" "the Department of Justice" – "the government's instruction does not say."
In sum, the DOJ states that the "Court should reject the defendants' proposed 'instrumentality' instruction primarily because it contradicts this Court's prior ruling on the defendants' motion to dismiss the indictment. For a copy of that ruling – see here. Elsewhere, the DOJ states that "the defendants have proposed a convoluted and flawed 'instrumentality' instruction that […] ignores and contradicts this Court's May 18 holding and supporting analysis."
The DOJ argues that defendants proposed instruction "appears designed solely to limit as much as possible the number of entities in the world that might qualify as foreign government instrumentalities" and that it "should be rejected for several reasons." "First," the DOJ asserts, "the defendants cite no authority whatsoever for such an all-or-nothing approach." "Second, the proposed instruction is in direct contravention of this Court's recent opinion …". "Third, adopting the defendants' profoundly prescriptive definition approach would lead to absurd results, even in the United States" and the DOJ asks "is the United States Postal Service not an instrumentality of the United States government merely because the Postal Service seeks to maximize profits?"
In response to the portion of defendants' proposed instruction that states – "to conclude that a business enterprise is an "instrumentality" of a foreign government, you must conclude beyond a reasonable doubt that the business enterprise is part of the foreign government itself" – the DOJ states that this "proposed jury instruction is not grounded in existing case law, but instead reflects the defendants' desire for a whole-scale revision of the FCPA." In a phrase that some may want to keep handy for future reference, the DOJ then states as follows. "But contrary to the defendants' suggestion, only Congress has the power to re-write a statute." (emphasis added).
A portion of defendants' proposed instruction stated as follows. "A business enterprise is not a foreign government instrumentality if it is a mere subsidiary of a state-owned company. To qualify as a foreign government instrumentality, the business enterprise must, as set forth above, be directly and majority owned by the foreign government itself. Therefore, an employee of a business enterprise that is merely a subsidiary of another entity that is majority owned by the foreign government is not an employee of a foreign government instrumentality and is not a "foreign official.""
In reply, the DOJ stated as follows. "Simply put, if the entity qualifies as a foreign government instrumentality, it should make no difference where in the corporate chain that entity might sit." (emphasis added). Elsewhere, the DOJ asserts that "application of the Court's factors – especially 'the foreign government's control over the entity' and "the extent of the foreign government's ownership of the entity' – are likely to result in findings that subsidiaries low 'in the corporate chain' […] are not instrumentalities."
A portion of defendants' proposed instruction stated as follows and cited OECD Convention Commentary 15 in support. "A business enterprise that operates on a normal commercial basis in the relevant market, i.e., on a basis which is substantially equivalent to that of a private enterprise, is not a foreign government instrumentality, and its employees therefore are not "foreign officials."" The DOJ has pledged allegiance to the OECD Convention throughout the "foreign official" challenges (and elsewhere when it serves its interest -see here for a prior post), but it has consistently avoided discussion of Commentary 15. Responding to Commentary 15, the DOJ states as follows: "… the government did not argue in its motion response that every aspect of the OECD Convention should be incorporated into the definition of 'instrumentality'".
The Bourke Jury Instructions
By Mike Koehler on July 22, 2009 in Azerbaijan, Bourke, FCPA Trials, Foreign Official, Individual Enforcement Action, Jurisdiction, Jury Instructions
As those who follow the FCPA are already aware, Frederic Bourke, Jr. was recently found guilty by a federal jury of (among other charges) conspiracy to violate the FCPA for his role in a scheme to bribe "foreign officials" in Azerbaijan in connection with the privatization of the State Oil Company of Azerbaijan. See here for the DOJ News Release.
Contrary to numerous media reports, Bourke was not on trial for "violating the FCPA" (the original indictment against Bourke contained substantive FCPA charges, however the superseding indictment removed the substantive FCPA charges in favor of conspiracy charges).
Regardless, the Bourke trial was closely followed by the FCPA bar as FCPA trials are very rare. Because FCPA trials are rare, so too are FCPA jury instructions. The Bourke jury instructions (see here) provide for an interesting, albeit frustrating, read. In instructing the jury on the conspiracy counts, the jury was instructed on the seven elements of an FCPA violation.
"Big picture" these FCPA instructions (which begin on Pg. 23 and which the jury was duty-bound to accept) are a mess.
The problem starts with the second element "interstate commerce" and contains a fundamental misstatement of the law. The instructions say (on pg. 24) that a "domestic concern" (as Bourke is under FCPA-speak) "must have intended to make use of the mails or a means or instrumentality of interstate commerce" in order to violate the FCPA. This is the so-called "territorial" jurisdictional provision found at 78dd-2. However, the 1998 amendments to the FCPA expanded the jurisdictional reach of the FCPA, as applied to "domestic concerns," by adding an alternative "nationality" jurisdictional provision found at 78dd-2(i) which removes the interstate commerce / U.S. territorial nexus requirements. Thus, a "domestic concern" can be charged and found liable for a substantive FCPA violation even if the prohibited activity took place entirely outside of the U.S. The jury instruction that the "domestic concern" "must have intended to make use of the mails or a means or instrumentality of interstate commerce" is thus just plain wrong.
The second problem is found in what the instructions say is the fifth element of a substantive FCPA violation – the knowledge of payment to a foreign official. The instructions say (on pg. 26-27) that a "foreign official" is: (1) an officer or employee of a foreign government; (2) any department, agency, or instrumentality of such foreign government, or (3) any person acting in an official capacity for or on behalf of such government or department, agency, or instrumentality. So far so good as the instruction merely tracks the language of 78dd-2(h)(2). The problem is the next sentence of the instruction – "[a]n 'instrumentality' of a foreign government includes government-owned or government-controlled companies" (see pg. 27).
Where did that come from? Certainly not the text of the FCPA, as the statute does not define the term "instrumentality." While it is true the the Department of Justice and the Securities and Exchange Commission take the position that government-owned or government-controlled companies are "instrumentalities" of a foreign government and that all employees of such companies (regardless of rank or title) are thus "foreign officials" under the FCPA, this is an unchallenged and untested legal theory.
As I am exploring in a current work-in-progress, DOJ/SEC's aggressive interpretation of the "foreign official" element – to include employees of government-owned or government-controlled companies – is ripe for challenge in that it is, among other things, not supported by the FCPA's extensive legislative history and is undermined by reference to other U.S. statutes which cover foreign or domestic government instrumentalities. Another way to look at it is this way – if the DOJ/SEC's interpretation were to be applied in an intellectually honest fashion, would not all GM or AIG employees be considered U.S. "foreign officials" because the U.S. government owns or controls those companies?
A further problem with the instructions, is that even accepting the broadness by which the instructions define "foreign official" that term is not used consistently throughout the instructions. For instance, in discussing the sixth element of an FCPA violation – purpose of payment, the instructions interchangeably use the terms "foreign official" and "foreign public official." (see Pg. 28). Even more confusing is that the instructions, when discussing that solicitation of a bribe is not a defense, (see Pg. 29) say that "[i]t is not a defense that the payment was demanded by a government official as a price for gaining entry into a market or to obtain a contract or other beneift." Thus, literally in the span of three pages, the instructions refer to the key "foreign official" element of an FCPA violation three different ways – "foreign official," "foreign public official," and "government official" even though the later two terms appear nowhere in the statute.


This little dog/bear is made from a child's vintage mohair cape with ultra suede paws. He is approximately 31/2" tall and fully cotter pin jointed.
Bryn has black glass eyes and an embroidered, waxed nose. he is filled with kapok and has steel shot in his body for added weight.. he comes wearing a rusty, dome shaped bell around his neck.


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Editor's note: This is the final piece of a 5-part series looking at the school choice options available in North Carolina.
For some Onslow County students, a classroom isn't confined to four walls — or even their school campus.
Onslow Virtual Academy, the latest offering from Onslow County Schools, kicked off this month with the first 85 high school students enrolled in the program taking a minimum of two of their courses online rather than in the classroom.
Northside High School sophomore Henry Wessell chose to go all-in and is taking all four of his courses this semester through the virtual academy.
"I'm a little nervous but excited at the same time," Wessell said.
For Wessell, who has a sleep disorder that makes it difficult to follow the traditional school schedule, the new program provides the flexibility to keep up with classes from home.
Through the Virtual Academy he can log onto his computer at any time of day and have access to his classwork.
"I can keep up with my classes and can work ahead of class if I want to," Wessell said.
While he may spend little time on campus, Wessell remains a student at Northside High School and is learning his coursework along with his classmates.
For his mother, Kathryn Wessell, Onslow Virtual Academy offers peace of mind that her son, who loves to learn but was struggling with school because of the medical condition, has been given a new opportunity.
"I just like that there is another option for us, and I know he'll get a good education," she said. "It allows him success."
Onslow County Board of Education Chairwoman Pam Thomas, who worked as a coach, teacher and supervisor for Onslow County Schools for 35 years, believes in school choice; but says that doesn't necessarily mean having to look outside Onslow County's public school system.
"I think we really are providing a lot of options to meet the needs of every type of student in the public school system," Thomas said.
The school system includes expansive Career and Technical Education offerings, from agriculture and trades to health occupations; a variety of academies; many technology and STEM offerings; online learning options and a global education program that has received state recognition.
Of the district's 37 schools, three are magnet schools — Clyde Erwin Elementary Magnet School of International Studies and Cultural Arts; Northwoods Elementary Magnet School of Technology and Innovation and New Bridge Middle School with a focus on Science, Technology, Engineering, Arts and Mathematics.
Onslow Virtual Academy launched Jan. 25, the school district will open an early college high school with the 2017-2018 school year, and plans are underway for a new regional trades/skills training center.
Onslow County Schools recently earned the highest recognition in the state for global education, being designated a Global-Ready Model District.
Helping prepare students for a global economy includes world language offerings, elementary Spanish immersion classes, three certified IB World Schools and 24 schools that participate in partnerships with other countries.
Outside of class, there are a variety of clubs and organizations to meet interests, from agriculture and business to culinary arts, chess and academic derbies.
"Onslow County Schools continues to expand offerings to provide new and challenging opportunities for all our students in order to meet the needs and growth of the community we serve," OCS Public Information Officer Suzie Ulbrich said.
Equally important is providing access to the many offerings, which has made Onslow Virtual Academy an early favorite among high school students.
The traditional school schedule doesn't always fit the needs of students, whether they work, have family obligations or are pursuing opportunities outside of the classroom.
Students participating in the new Onslow Virtual Academy say the flexibility it provides is a big benefit.
Northside High School sophomore Kaleigh Rivera was able to leave for Kentucky for three weeks of filming for a feature film in which she has received a lead role knowing she'll be able to keep up with her classes in between filming and not have to worry about falling behind.
"This makes me not so stressed about school because education is important to my family. School comes first, but acting is also important to me and this program gives me the flexibility to do both," Rivera said.
Vikki Childress, director of Innovative Schools for Onslow County Schools, said about half of the 85 students enrolled in the program chose to take the minimum of two courses online while taking the other two in the traditional classroom setting. The other half chose to take all four courses online.
Childress said another advantage of the virtual academy is that students can take courses that may not have been available to take at their home school. Psychology and sociology were among the favorite courses selected, courses that not every high school in the district has been able to provide in the classroom. There has also been interest in courses such as forensic science and digital photography that they may not have been able to take otherwise.
Onslow Virtual Academy is another option.
"It may not be a good fit for every kid but it may be great for others," Childress said. "It's another option. It allows you to search out and see what works best for your child."
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Meet our Agony Aunt Ego. Like most women there are two sides to Ego. Let's call her warm side Lady Ego the good girl who could very much be your pastor's wife or the dotting big sister you never had. She's loving, level headed, polite, pleasant, always diplomatic, and sympathetic.
She's the voice of reason most of us need when we run into the complexities of life. She sees the good in everybody and every situation. Lady Ego is a true lady every woman would be proud to call their friend, every man would want to marry and every mother in law prays into the family. Now meet Ego-pepper! She's the life of the party. The friend you need to have on speed dial when you "need to get them before they get you!" A street wise savvy mama with loads of tricks up her sleeves. She's simply a sharp girl who is up for every challenge and never goes home with her tail between her legs.
Join Lady Ego and Ego-pepper weekly as they take on your issues and give you their heartfelt advice. Members of the DW Community will get a chance to vote for their preferred solution to your dilemma and share their experiences with you. Indeed a problem shared is a problem solved in the DW Community.
7. When I make my hair he does not notice or admire me even though other people complement my style.
So my dear Ego that's the situation I find myself in, I have talked to him severally about it but still no improvement. I am not just happy in the marriage please advise.
Are you smiling now? Lol… Very good!
This is what I want you to do tonight…when your husband gets into bed and looks like he wants you to come and perform your 'wifely' duties instead of crawling into bed next to him; I want you to go and wear your sexiest, skimpiest lingerie and catwalk up to the mirror in your room, look directly into the mirror and start to hail your reflection with plenty of swagger like this ….
(Do this until the 'shine' in your husband eye is competing with the florescent bulb in your room) When you finish hailing your reflection in the mirror announce to 'the room', "… until somebody starts calling me these names the 'Omalachi Candy Store' is closed!" Then quickly change into your thickest pyjamas, climb into bed, face the wall and fall into deep 'uninterruptable' sleep!Omalicha I promise you, your husband will soon remember how to smile at you and call you all sort of pet names – Sharp! Sharp!!Seriously though Omalicha, I have read your email and I can't see what is so difficult about your marriage that makes you want to leave your hubby! I am not saying his behaviour is ideal…but it is certainly not serious enough for you to flee your home! Listen, when I got married my mother told me that the marriage is an adventure and that you will see many things and as a result develop many survival skills you never knew you had!
Ok… so he does not compliment your hair… eh, tell yourself that your hair is fine now?! …and he does not praise your cooking… eh, give yourself a high-five when you 'remix' ingredients in your kitchen abi?! …and his family does not tell you they are visiting…so? What better excuse when there is no food waiting for them to eat when they arrive in your house! …and what again Omalicha? What?! What again are you complaining about that other women have not seen? Abeg! If your marriage is throwing yams at you, you better learn how to pound yam fast!
– Until you learn to appreciate yourself your husband won't appreciate you!
– You must never carry last! #facts!
My dear, you need wisdom to stay married, and a very thick skin to become happily married! I suggest you join our MRS. Club so that you can learn on the job faster. You have been married for four years now so you should know what these men are like. The moment you stop making your husband the centre of your universe and focus on other things that can make you happy you will see how fast he'll start to demand for your attention and how you will soon become the centre of his universe. Just ignore his bad behaviour and you'll see how fast he will change when he realises that your moods are not controlled by him.
My dear a confident wife is a happy wife o! …can I get an Amen?!!!!


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Black Restaurant Week & Pepsi Hit The Road to Celebrate Black Culinary Tastemakers
Black culinary celebration hits milestone with first-ever national title sponsor
Foodies can raise their forks to events showcasing African-American, African and Caribbean cuisine as Black Restaurant Week embarks on a local market tour this fall with Pepsi as its first-ever national title sponsor since its founding in 2016. Through diverse menu selections and virtual events, Black Restaurant Week spotlights restaurateurs, bakers, chefs, caterers, food trucks and more to celebrate inspired flavors and generate social and economic support for the Black culinary community.
Black Restaurant Week champions culinary tastemakers across the nation through a combination of enticing consumer offerings – including local events, prix fixe menus highlighting unique cultural fare and pop-up dinners – along with industry engagement designed to boost business owners, like interactive learning opportunities and resource sharing. As the first national title sponsor, Pepsi kicked off its collaboration with Black Restaurant Week in Greater Washington D.C. where the campaign is underway through Sept. 27, setting the table for upcoming Black Restaurant Week celebrations:
New Orleans, LA: Oct. 2-11, 2020
Philadelphia, PA: Oct. 16-25, 2020
New York, NY: Nov. 13-22, 2020
Florida: Nov. 27-Dec. 6, 2020*
Alabama: Dec. 11-20, 2020*
*Taking place in all major cities of the state.
"We're energized by the appetite we've seen for supporting Black-owned restaurants and celebrating the talented Black culinary professionals shaping the food and beverage scene," said Warren Luckett, founder of Black Restaurant Week. "Pepsi shares our goal of increasing equality in the industry and this partnership allows us to have an even bigger impact by expanding Black Restaurant Week to reach more businesses, communities and diverse food lovers."
The systemic barriers faced by Black-owned restaurants, such as disproportionate access to business loans, demonstrates the importance of Black Restaurant Week's collaboration with Pepsi. These disparities have only grown with the COVID-19 pandemic; 41% of Black-owned businesses have shuttered since February compared to 17% of white-owned businesses.*
In 2019, Black Restaurant Week collaborated with nearly 250 Black-owned restaurants and culinary businesses in cities across the U.S., generating $1.5 million in economic impact. Participating restaurants reported a 25-40% increase in revenue during each local celebration. Since kicking off its 2020 campaign in July, Black Restaurant Week has highlighted more than 340 Black-owned culinary businesses in Houston, Los Angeles, Oakland, St. Louis, Kansas City, Chicago and Atlanta. With the exception of prix fixe menu ordering at participating restaurants, all event programming for the 2020 campaign will take place virtually to ensure a safe experience.
"We're committed to increasing access, accelerating growth and expanding awareness for Black-owned restaurants," said Scott Finlow, Chief Marketing Officer, PepsiCo Global Foodservice. "The work Black Restaurant Week is already doing fits perfectly with our mission. We want our collaboration and the power of the Pepsi brand to help take the organization's fantastic efforts to the next level to engage more consumers and boost Black foodservice businesses."
Visit blackrestaurantweeks.com to view the complete tour schedule and learn more about upcoming events and resources. Stay connected with @BlackRestaurantWeek and @Pepsi on social networks.
How you can help veterans everyday
When police stop Black men, the effects reach into their homes and families
Why companies were so quick to endorse Black Lives Matter


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A bright future ahead: The U.S. wants to grow solar from less than 4% to 45% of its energy portfolio
Published December 1, 2021 at 12:40 PM EST
Rows of solar panels operating in Las Vegas, Nevada. (Ethan Miller/Getty Images)
President Biden wants to bring solar energy production in this country from less than 4% of our nation's energy to 45% in the coming decades — and The New York Times' Ivan Penn tells us that this is about more than numbers.


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Theoretical Economics Letters > Vol.2 No.1, February 2012
Some Results on a Double Compound Poisson-Geometric Risk Model with Interference ()
Dezhi Yan
Department of Economic, Shandong Jiaotong University, Jinan, China.
DOI: 10.4236/tel.2012.21008 PDF HTML 5,719 Downloads 8,776 Views Citations
In this paper, we study the actual operating of an insurance company with random income. A double compound Poisson-Geometric risk model with interference was established. By using the martingale method, the adjustment coefficient equation, the formula and the upper bound of ruin probability, the time to reach a given level in this new risk mo- del were obtained.
Ruin Probability; Compound Poisson-Geometric Risk Model; Martingale; Stopping Time; Moment Generating Function; Laplace Transform; Adjustment Coefficient Equation
D. Yan, "Some Results on a Double Compound Poisson-Geometric Risk Model with Interference," Theoretical Economics Letters, Vol. 2 No. 1, 2012, pp. 45-49. doi: 10.4236/tel.2012.21008.
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[8] G. J. Wang, "A Decomposition of the Ruin Probability for the Risk Process Perturbed by Diffusion," Insurance: Mathematics and Economics, Vol. 28, No. 1, 2001, pp. 49-59. doi:10.1016/S0167-6687(00)00065-2
[9] C. C.-L. Tsai, "On the Discounted Distribution Functions of the Surplus Process," Insurance: Mathematics and Economics, Vol. 28, No. 3, 2001, pp. 401-419. doi:10.1016/S0167-6687(01)00067-1
[10] C. C.-L. Tsai, "A Generalized Defective Renewal Equation for the Surplus Process Perturbed by Diffusion," Insurance: Mathematics and Economics, Vol. 30, No. 1, 2002, pp. 51-66. doi:10.1016/S0167-6687(01)00096-8
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