text:
Report: Ohio's top education official violated ethics rules
Jackie Borchardt, Staff Writer
COLUMBUS —
Ohio Superintendent of Public Instruction Stan Heffner may have violated state ethics laws, according to an investigation by the state inspector general.
An investigation by the state watchdog found Heffner, as interim superintendent, had a conflict of interest last year when he pushed a bill that would increase testing Ohio's public school teachers.
On May 11, 2011, Heffner testified before state lawmakers in favor of House Bill 153, which required teachers at low-achieving schools retake licensure tests administered by the New Jersey-based company Education Testing Service.
Two weeks earlier, Heffner signed an acceptance letter for a job at ETS earning $180,000 a year, according to a report released Thursday by the Ohio inspector general's office. Heffner later turned down the ETS job to stay on as Ohio's top education official.
Heffner said Thursday he has accepted the inspector general's findings and does not plan to not resign his post.
"I was wrong, and I'm sorry for my lack of judgment," Heffner said. "I've apologized to my staff, my friends and colleagues at the department, and the [State Board of Education]. I have learned from my mistakes, and I will work with the Board to take whatever steps they feel are necessary to resolve this matter and move forward."
Inspector General Randall Meyer referred the case to Heffner's boss: the State Board of Education. Deputy Inspector General Carl Ensler said a copy of the report was delivered to the Franklin County and Columbus prosecutors to decide whether further legal action is necessary.
State Board of Education president Debe Terhar said she was disturbed by the findings, and the board will discuss them during its September meeting.
"State Superintendent Stan Heffner is a dedicated educator who is committed to the education reforms Ohio needs for our children, but in this matter he demonstrated a woeful lack of judgment," Terhar said.
In April 2012, Heffner told state investigators and the Ohio Ethics Commission he had "limited" contact with ETS when he testified before state lawmakers. However, email records show Heffner was in continuous contact with ETS executives from November 2010 to his legislative testimony in May 2011.
Through email, Heffner expressed his interest in employment with ETS, scheduled a meeting with company officials while representing Ohio at an education research conference and told his future employers to contact him on his state-issued cell phone and email account.
State ethics rules and Ohio Department of Education policies prohibit using state property to conduct unrelated, outside private business.
In an email from his personal account, Heffner told an ETS executive he was meeting with an aide to Gov. John Kasich. Kasich spokesman Rob Nichols told the Dayton Daily News he did not know when staff learned of Heffner's pending ETS job but said Kasich was unaware of the conflict when Heffner testified.
Heffner also told investigators in April he never used department employees to help schedule meetings with ETS, but his secretary might have taken "some calls" that did not take much time. However, email records and employee interviews conducted by the inspector general show state employees also communicated with ETS officials to arrange travel and matters related to Heffner's transition to his new job.
Heffner's former secretary told investigators he asked her to arrange personal flights to South Dakota and Washington, D.C. Heffner was assigned a new assistant as interim superintendent, whom a former deputy superintendent said sometimes spent whole days working Heffner's transition.
The new assistant told investigators she fielded frequent phone calls from real estate agents about the sale of Heffner's Westerville home and purchase of home in Texas. She said Heffner instructed her to gather personal documents for the sale and dealt with contractors hired to repair his Westerville home.
When asked why she did the tasks, the unnamed assistant said, "My only option was to do what he needed and try to do it well, so he, you know, so he would keep me."
State Rep. Debbie Phillips, D-Athens, filed the complaint in July 2011.
"At a time when local schools are facing significant cuts in state resources and many are seeking local levies to provide opportunities for our children, we need to ensure that all state funds are being spent wisely and appropriately and we must keep clear oversight of all decision making surrounding the limited resources available," Phillips said Thursday in a statement.


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owais.usmani
mnztr
The-thing-next-door
jhelb
thegopnik
BenVaserlan
0nillie0
kopyo-21
Peŕrier
galicije83
bhramos
hoom
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Luq man
Cyrus the great
sheytanelkebir
zackyx
AttilaA
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Ka-52 in Russian Air Force
Re: Ka-52 in Russian Air Force
GarryB Wed May 29, 2019 9:16 am
12 tanks destroyed is a huge lose for most armies. Less missile but bigger ones means Pk is higher and guidance part is bigger and more effective.
Well another important point is that helicopters don't operate alone, so 12 ATGM per helo actually means 48 missiles per four helo flight group, which is plenty.
The best way to up the guided weapon count would be laser homing unguided rockets in rocket pods, as modern ATGMs have enormous warheads to penetrate very well protected MBTs which makes them serious over kill for the vast majority of actual vehicles on the battlefield like trucks and light vehicles... an 80mm rocket with a direct hit and a decent HE warhead would be perfectly fine for dealing with such threats...
Seems like Syria is a rather useful testing ground for them... and their attack platforms seem to be seriously benefiting from it.
Isos Tue Jul 23, 2019 4:04 pm
@RALee85
According to Kamov's test pilot Alexander Cherednichenko, the naval helicopter the Ka-52K will receive an external sling to be able to carry cargo or evacuate people/casualties.
GarryB Wed Jul 24, 2019 4:47 am
That is a clever idea... they might never actually use it, but adding it would not be that difficult and it wont get in the way or be much of a problem normally.
Would be an interesting way to deliver food and ammo and weapons to deployed troops and recover any injured or troops being replaced.
Wouldn't be very comfortable just being in a net, but I suspect various containers could be developed... perhaps even fitted with a tail for stability and light armour protection from small arms perhaps...
Ka-52 compared to Mi-28 (pros and cons of each)
BenVaserlan Sat Sep 07, 2019 2:49 pm
flamming_python Fri Dec 06, 2019 2:12 pm
Talking about the Ka-52M here
I think such news has been posted before but there are a few new tidbits in this article. So improved avionics, comms, self-reliance/reliability and possibly a reduction in weight.
As I had heard in regards to this upgrade before, the main thing the pilots were worried about is the lack of cabin armour, so I assume that will be focused on too.
http://mil.today/2019/Syria2/
Flying Tank Ka-52 Upgraded After Syrian Campaign
Attack helicopter Ka-52 modernized after combat experience in Syria was for the first time presented at the Army-2019 military forum. This showpiece did attend the Russian Airspace Force operations in that country. Mil.Press found out which parameters were improved and what trends exist in the present-day helicopter industry.
"This helicopter has advanced sighting system, increased target detection and identification range", said an anonymous expert. "Onboard software is optimized, which improves the efficiency of crew work in terms of reduction of decision-making time in certain operations. The upgrade has touched endurance as well, now the helicopter can operate 14 days off the base without maintenance. Only refueling and ammo replenishment is needed".
According to the interviewee, combat helicopters undergo permanent modernization. Allied companies design new equipment, new weapons, and engineers apply every innovation to available copters.
One of the key areas of continuous researches relates to the deadweight reduction, allowing for larger payload and longer operational radius. This problem, in particular, is resolved by wider use of composite materials. For instance, modern Ka-52 copters are over 50 percent made of composites. Another promising area for upgrade is connected to the communication system, particularly, in terms of electronic warfare resistance.
BenVaserlan Sat Dec 07, 2019 11:43 am
flamming_python wrote: Talking about the Ka-52M here
Thanks for this. Thre is a good Ka-52 book called "Gator of the Rise". The author interviewed the Ka-52's designer Sergey Mikheev. Sergey's reasoning for side by side layout was that that the same level of protection could be achieved (compared to tandem arrangement) with less armour. I think I mentioned in my video above that he stated he placed the radar in the nose because there would be too much vibration if it were mast mounted. Also a bigger radar could be placed in the nose. The book outlines how the Ka-50 beat the Mi-28 twice in trials. the weapon system was better. Kamov gained experience in avionics from the experience with their naval helicopters.
BenVaserlan Sat Dec 07, 2019 12:02 pm
Re "According to Russian Helicopter, the KA-52 is equipped with a fixed 30mm cannon" in the article. https://www.flightglobal.com/news/articles/russian-helicopters-awaits-big-ka-52m-buy-462695/
The cannon is actually not fixed. It has limited movement to fine-tune the aim certainly in azimuth where it can move a few degrees starboard. Mikheev stated it makes a more stable gun platform. Also, the side gun is nearer the centre of gravity which aids stability.
GarryB Sun Dec 08, 2019 3:46 am
The cannon used is the same as that fitted to the BMP-2, the 2A42 cannon, which is a very very powerful cannon... it throws the Hind around when it uses its twin barreled fixed 30mm cannon. The Havoc also moves quite a bit when firing too, but the Hokum looks very stable when firing.
Also to turn the nose left and right for most helicopters relies on the pedals and the tail rotor... when flying forward the effect of the tail rotor is greatly reduced and above about 50km/h it will only turn the nose a little because the slipstream force on the fuselage and the weak power of the tail rotor limit its effectiveness.
The Hokum on the other hand has three rotor blades spinning in each direction and each has significant momentum to the pedals increase or decrease the speed of one of the rotors to induce a turning effect much more powerful than any tail rotor.
Because of this the helo is able to perform pedal turns while travelling in any direction at relatively high speeds... it means it can also point rockets at targets without having to fly directly at them too... which is useful when they are shooting at you.
The mount on the Hokum is excellent and offers very very good stability and accuracy with a very powerful cannon because the cannon is attached to the aircraft near its centre of gravity making it more stable so it is not kicked around when it fires.
Hole Sun Jan 05, 2020 9:07 pm
Ka-52´s onboard egyptian Mistral.
magnumcromagnon Sat Feb 15, 2020 8:05 pm
I was getting ridiculed 5 years ago for suggesting that Ka-52's could potentially get 100km range Hermes ATGM, but it looks like it might be reality:
Ka-52M armed with a missile with a range of 100 kilometers
The upgraded Ka-52M Alligator attack helicopter will be able to use a cruise missile with a flight range of up to 100 kilometers.
- The upgraded Ka-52M will be able to carry the latest product 305 cruise missiles. This helicopter helicopter can effectively hit any ground targets - including armored vehicles - at a distance of up to 100 km, a source in the military-industrial complex told TASS .
The interlocutor of the agency added that the modernized Alligator has an improved sighting and navigation system, the avionics of the cockpit and the screw group have been improved.
Earlier, another source in the defense industry told the agency that the "305 product" had passed combat tests in Syria. In time, they coincided with testing in conditions of real combat of the upgraded Mi-28NM Night Hunter attack helicopter.
Then , the first mention of the "305 product" appeared in the media . The flight range was modestly designated - "over 25 kilometers." The coordinates and target data are entered into the rocket before launch, the "product 305" overcomes most of the way under the control of an inertial navigation system, and when approaching the target, the homing head is turned on.
It is equipped with highly sensitive sensors operating in different ranges of the spectrum. The missile can be guided by the mark of the laser rangefinder-target designator, the heat radiated by the target, and also broadcast the picture from the camera to the helicopter cockpit. The weapon is protected from interference, is able to distinguish the target among infrared traps and operate in the "shot-forgot" mode.
The range of missiles from the current arsenal of combat helicopters of the Russian Aerospace Forces exceeds 15 kilometers. New weapons will allow front-line aviation to hit targets without entering the enemy's air defense zone.
https://rg.ru/2020/02/15/ka-52m-vooruzhat-raketoj-s-dalnostiu-100-kilometrov.html
Isos Sat Feb 15, 2020 8:44 pm
That's gonna be a good SEAD helicopter.
Interesting... so it is given the targets coordinates and is launched in that direction and has an optical including thermal seeker with a datalink back to the launch helicopter presumably so the weapon operator can select the target from the view of the missile itself a bit like the AS-13 and AS-18...
Very interesting...
Hole Sun Feb 16, 2020 11:38 am
The strike capacity of a Ka-52 with this missile will be close to that of a F-35.
GarryB Sun Feb 16, 2020 12:01 pm
Well it would be a good weapon to be used against an F-35... we have seen that US stealth aircraft of all types can easily be seen and tracked with IR sensors... these missiles should be the ideal way to bring such targets down...
magnumcromagnon Mon Feb 17, 2020 12:42 am
GarryB wrote: Well it would be a good weapon to be used against an F-35... we have seen that US stealth aircraft of all types can easily be seen and tracked with IR sensors... these missiles should be the ideal way to bring such targets down...
Should be a really effective air-to-air tool, and the Apache doesn't even stand a chance in a duel, it'll literally convert Apaches in to flaming confetti! At Mach 5 speed, it takes approximately 1 minute to travel 100km, and the Apache fan boys are still circle-jerking over their latest modification having superior performance in altitude and speed (but with no evidence of this performance with a useful weapons load). It's like claims of the SR-71 and it's top speed (Mach 3.3) without the ability to carry any form of weapons. Performance statistics that don't factor weapons load is almost completely useless beyond knowing the max ferry range, and specialized surveillance/ELINT roles.
BTW, Hermes has been described as a mini-iskander, with the ability to maneuver with high g's/speed. I'm sure when Zircons development cycle is finished Hermes can benefit from the technology transfer and eventual performance boost.
thegopnik Mon Feb 17, 2020 6:45 am
Dang just when Apache was to be equipped with the Spike NLOS, they simply now get this
Mindstorm Tue Feb 18, 2020 12:18 pm
GarryB the weapon of choice for air to air engagement, particularly agianst enemy helicopters (and only incidentally against enemy aircraft flying at low altitude to avoid destruction by long range AD systems) will be the Р-74М, just recently selected for integration with the Ми-28НМ that thanks to its new sensor suit will fully exploit its increased engagement range.
https://vpk.name/news/373558_pyatoe_pokolenie_vybivayut_vertolety_mi-28nm_prevratyat_v_istrebiteli.html
The stand-off cruise missile in question, still in final testing phase, is instead a product designed mostly for the new concept of employment of the expanding rotor wing component of Army's brigades, not only in support of the classical domestic combined arms operations, but much more importantly in deep operations of ВДД and also in those of the new airborne assault brigades.
This correspond to the new idea of "reactive" deep strike, entirely based on very-low-altitude penetration-capable platforms, with the integration of forward proceeding UAVs in the ISR roles, helicopter-mounted stand-off munitions in the deep-fire support/SEAD roles, all opening the way to the ВДД units destroying or gaining control of key enemy installations (particularly main air bases, radar satations and sommand/communication center).
This concept capitalize the enormous void, in western military force's composition, of the most elementary AD coverage at mid/low altitude, organic EW and masking elements for theirs infrastructures and first and second echelon ground offensive forces; this situation render almost impossible for them to prevent those kind of operations aimed at disorganize and collapse the same basis of theirs essential integration of air support and data dissemination for their ground component.
Isos Tue Feb 18, 2020 1:07 pm
Isos wrote:
I guess it could even carry a sonar and some anti-submarine rockets or torpedo on weapon pylons. Making them sub hunters if they need to.
The new Mistral like class will carry a douzen of them so they can use the ship for annti sub operations.
The sonar can be mounted on external pylon in a pod so that the conversion into attack/sub hunter became easy.
That would allow them to help ka-27 in hunting submarines when they need to cover large area to protect the ships around and if they need to to have attack helicopters for land operation.
Location : Previously: Belarus Currently: A Small Island No One Cares About
jhelb Tue Feb 18, 2020 1:19 pm
GarryB wrote: Interesting... so it is given the targets coordinates and is launched in that direction and has an optical including thermal seeker with a datalink back to the launch helicopter presumably so the weapon operator can select the target from the view of the missile itself a bit like the AS-13 and AS-18...
But previously in another thread you had suggested that long range missiles/ BVR missiles can be dodged because the defendant has some time in hand to employ evasive manoeuvre or use other countermeasure?
Will the naval Ka 52 also carry the 100km range cruise missile?
Hole Tue Feb 18, 2020 5:27 pm
The Ka-52K will carry Kh-35U (270km range) against ships and coastal targets.
Hole wrote: The Ka-52K will carry Kh-35U (270km range) against ships and coastal targets.
So is this new 100km range missile an export version of the Kh-35U ?
Hole wrote: The Ka-52K will carry Kh-35U (270km range) against ships and coastal land targets.
Corrected.
Location : Merkelland
Rodion_Romanovic Tue Feb 18, 2020 5:58 pm
If it is hermes it is an air to ground missile (also available in ground to ground version, compatible with pantsir launchers) and the weight should be less than one fourth of the kh35, which is a subsonic antiship missile, similar to the american harpoon.
I don't see why the ka52k could not carry both types of missiles, of course according to the mission scope and remaining within the payload limitations...
Of course it can carry the Klenok/Hermes, I just wanted to demonstrate that it can carry much heavier weapons.
thegopnik Tue Feb 18, 2020 10:00 pm
https://qr.ae/T3Abnu
https://qr.ae/T3SMgh
Made new answer links of why the ka-52 and mi-28nm are superior to the apache.

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redpajama_set_name: RedPajamaGithub


text:
Découvrez nos mesures d'hygiène et de sécurité. info COVID19
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Home > News > 2000 cycle-tourists at the 5th Edition of the Gran Fondo Cambrils Park Costa Daurda
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2000 cycle-tourists at the 5th Edition of the Gran Fondo Cambrils Park Costa Daurda
Heavy rains and bad weather have accompanied us all this week, that hasn't stopped the cyclists and has allowed the fifth edition of the Gran Fondo Cambrils Park Costa Daurada to start. The cycling tour organized by the company Cycling Costa Daurada alongside with Cambrils Park Sport Village, and the collaboration of the City Council and the Tourist Board of Cambrils, started at 08:00 in the morning around the facilities of the Resort
Around 6 o'clock in the morning, the whole operation of the Gran Fondo began with about 150 volunteers from the Cycling Costa Daurada. The 2,000 participating cyclists, many of whom are staying at the Sport Village facilities, have been progressively arriving to get ready at the start line, which this year was located on the Cavet Road. This way, cyclists had more space at the start line.
At the start of the event, Amèlia Rico, Director of the Tourism Board of Cambrils; Josep Mª Vallès, Sports Councilor of the City of Cambrils; and Yolanda Quílez, Regulator of Citizen Protection and Mobility have participated. It is expected that, around 12:00h, the participants who chose the short route of Escaladei of 123km, 2000 meter drop and that includes 20 villages, will begin to arrive; and towards 13:30 h, the participants who did the long route through the Montsant, of 183 km, 3100 meters drop and which includes 21 villages, will arrive. Both routes go along the roads of the Costa Daurada, Priorat and Montsant, overcoming 6 mountain passes in their longest journey. They count on the start line and the finish line at Cambrils Park Sport Village.
Novelties 2018
The fifth edition of this sporting event has many novelties to make the experience of cyclists much better. The locations of the start line and the finish line have been modified to be able to comfortably accommodate all the participants. The quality of the cycling jerseys have also improved, with a more elastic fabric, fitted longer sleeves and an increase in the offer of sizes.
The GF Cambrils Park Kids will have a new route that adapts to the growing number of participants and increases, even more, the security for everybody. In addition, there will be more staff directing the event.
But the most novelties are, when the cyclists arrive. The provisioning has been improved, the bag and the Pasta Party offer. In addition, this fifth edition adds a bicycle parking area guarded by the Staff of Cycling Costa Daurada with check-in and check-out control.
Among all the participants, the number of national cyclists stands out again, both from Catalonia and the rest of Spain. Also, edition after edition, the Gran Fondo Cambrils Park is becoming popular in Europe. This year, the international presence continues to grow with participants from countries such as England, France, Estonia, Germany, Burkina Faso, the Netherlands and Italy. The cycling day will end at the facilities of Cambrils Park Sport Village with the awards ceremony in the center of the Resort, on the stage of the Fòrum Bar.
In what will be the fifth edition follows the individual time trial, a free trial for all participants of the event, which will be held next Sunday, April 15th. This, together with the Gran Fondo Cambrils Park Kids, offers everything you need for a cycling weekend for all the family.
Types of grass and its characteristics in Futbol Salou's pitches.
Le complexe Esportiu Futbol Salou vivra, en 2019, la création du Miniestadi et de deux terrains de beach soccer
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I would like to start out by saying I am very new to this, so I am hoping everyone takes it easy on me. I will probably leave some thing out as I am not sure as to what is important and what is not. I just bought a mh721 -mk2 and would like to use it to contour cut images for heat transfer paper to make t-shirts. I am starting out by using the pen to draw on regular paper until I am convinced I can do it without any problems. My problems are with the registration marks. When trying to line up the pen with the registration marks my problem occurs. Sometimes the paper will come out of the cutter when trying to line up the 2nd or 3rd restoration mark, and other times when I am actually able to line up the pen with the registration marks the pen will go off the paper and also the paper will come out or crunch up making the experience a bad one. I am using Cut Mode as WYSIWYG. Please if anyone can help me get a better understanding of what I am doing wrong I would very much appreciate it. I am going on 6 days now stuck with this issue and would love to be able to stop cutting images with scissors.
If you want to post your file I will take a look.
Ensure that your mat size, material, orientation and paper size is correct in your cutter settings would be a place to start.


text:
» SVU Councils
The Student Affairs Council consists of the Vice President for Administration and Student Affairs as a chairman and the membership of:
• College deans / program managers.
• Deans of institutes.
• Information Technology director
• Student Affairs director
• Examinations director
• A representative of the National Union of Syrian Students from the university students.
• Secretary of the Council: appointed by The President of the University.
Functions of Student Affairs Council
The Council is generally concerned with matters related to students' affairs and what is referred to them by the University Council. It submits its proposals and recommendations to the Council of the University to carry out the following tasks:
Supervising the application of the conditions of students' acceptance into the university and proposing what the council deems appropriate in this regard to the University Council.
Supervising the application of the rules of various payments of university fees and exemption from them and the conditions of granting bonuses and subsidies of various kinds.
Proposing the rules of admission of students of public, private and foreign universities to the University and the rules of transferring among colleges, institutes and programs at the university and deciding on the problems faced by students' transfer in general.
Organizing social, health, cultural and sports affairs for students.
Organizing the mechanism of selling and distributing books and university publications to students.
General University Calendar Proposal.
General supervision of the exams, including determining the examiners, examination committees and observers; and the duration of work that they have engaged in, and the amount of their remuneration, duties and responsibilities.
Studying students' complaints and submitting proposals to the University Council for decision making.
Proposing investment rules for clubs, restaurants, theaters, sports facilities and other student facilities and submitting them to the University Council.
Deciding on all matters pertaining to students that are transferred to the Council.
Proposing executive regulations, the internal list of regulations, Financial Regulations and Rules of Procedure.
Managing the university funds and investing them.
Any matter that the President of the University or the Board of Trustees suggest presenting to the Council of the University and which is generally related to the University's administrative, executive and financial matters.


text:
require File.expand_path(File.join(File.dirname(__FILE__),'..','..','test_helper'))
require 'new_relic/agent/vm'

class NewRelic::Agent::VMTestCase < Minitest::Test
  attr_reader :vm, :snapshot

  def setup
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  end

  def test_gets_snapshot
    refute_nil snapshot
  end

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    :gc_runs,
    :total_allocated_object,
    :major_gc_count,
    :minor_gc_count,
    :heap_live,
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end


text:
Gender Dictionary | International Gender Remembrance Day: transgender, not mental illness
by Womany Content Lab 內容實驗室 2018/11/20
11/20 is the international transgender anniversary, which is expected to arouse public attention to transgender persons today. We have to know: everyone has the right to decide who to be. Transgender, not mental illness.
International cross-gender Remembrance Day
Originally in memory of the transgender person Rita Hester, who was murdered in 1998, the International Day of November 20 was a cross-gender anniversary in order to keep the cross-gender community under constant violence.
What is transgender (transgender)?
According to Wikipedia, transgender people's gender identity or gender expression is different from the gender they are assigned to. Some transgender people will choose to implement sex reassignment surgery to achieve gender identity and physical appearance is more consistent with the appearance. In addition to transgender men, transgender women, transgender may include gender queer/non-conventional sex, pan-sex, fluid sex or gender-free. Some definitions classify the X gender as transgender.
Transgender people may identify themselves as heterosexual, gay, bisexual, asexual, or refuse to have a label for their sexual orientation.
Transgender is not a disease, nor is it an interest or choice that the person concerned can change or give up. Handbook on the diagnosis and Statistics of mental illness (the Diagnostic and statistical Manual of Mental Disorders,ds, published by the American Psychiatric Association) M) is the most important diagnostic manual for mental illness in the world and has removed gender identity barriers from the manual.
A friendlier environment for transgender persons:
The death of a human rights movement in the Hande: it is not transgender identity that kills Kader, but hatred
The Grand Cross-sex dormitory of the observatory: I'm a girl, but I'm forced to live in a boys ' dorm .
The open letter of the transgender person resisting rape: I was sexually assaulted, not I deserved it.
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Proof editor 婉昀 Wanyun
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內容實驗室相信好的內容可以改變世界,我們堅持多元與獨立觀點,採取性別角度思考,替世界帶來真實與溫柔的報導。


We know playing can make you hungry, so head over to the Cafe where you can relax and enjoy a great meal and top it off with a cold beer! You'll find everything from the best homemade burgers around to perfectly cooked steak and shrimp dinner specials, as well as a variety of breakfast choices. We're known for our delicious daily lunch specials which include home-cooked favorites and offer the best bite for your buck!


Also known as "Big 'n Blue," and "Bluetick," the American Blue Gascon Hound is a large American hound of the Mastiff group.
American Blue Gascon Hounds, though quite large, are agile dogs with well-balanced movement. They are lively and energetic with much character and spirit.
American Blue Gascon Hounds grow to a height in between 24 and 32 inches in height and will weigh in between 70 and 110 pounds at maturity. Its coat is short, dense, and very thick. The coat is white with heavy black ticking (which creates the "blue" appearance), and irregular markings that are usually blue or black on blue. Many variations in color are allowed and there are often tan points. Its eyes are deeply set and are either light brown or light yellow. Its body is strong, powerfully built, and its back and chest are thick and muscular. Its tail is set high, very long, and tapers to a point.
Old fashion "Blueticks" have been around for years. Oliver O. Grant was the author of the original standard and was also one of the original breeders of American Blue Gascon Hounds.


Vietnam's economic growth accelerated as exports climbed, even as banks struggled to meet the government's lending target.
Gross domestic product rose 6.04 percent in the fourth quarter from a year earlier, quickening from a 5.54 percent gain in the three months through September, according to data released by the General Statistics Office in Hanoi this week. For the full year, the economy grew 5.42 percent, faster than a 5.25 percent pace in 2012, and the median estimate of 5.3 percent in a Bloomberg survey.
Manufacturers from Samsung Electronics Co. to Nokia Oyj have boosted Vietnam's exports, which grew 15.4 percent this year from a year earlier. That has helped offset faltering bank lending, as the government takes steps to resolve bad debt and overhaul the financial system.
The benchmark VN-Index has gained more than 22 percent this year, the biggest advance among major Southeast Asian indexes. The dong has slipped more than 1 percent in 2013.
Vietnam's growth is being supported by exports and foreign investment, the International Monetary Fund said this month. The country's exports-to-GDP ratio increased to 75 percent last year from 56 percent in 2009, according to IMF data.
Vietnam received US$11.5 billion in disbursed foreign direct investment this year, a 10 percent increase from last year, the Statistics Office said on December 23. Pledged FDI was $21.6 billion, a gain of 55 percent from a year earlier, it said.
Higher costs and wages in China are prompting some companies to set up manufacturing in neighboring Asian economies. Samsung, the world's biggest smartphone maker, is building a $2 billion plant in Vietnam that may make 120 million handsets a year by 2015, according to two people familiar with the company's plans who asked not to be identified because the matter is private.
Still, year-to-date retail sales growth in December was slower than a year earlier. The central bank said on December 16 that bank lending may rise about 9 percent this year, lower than an earlier target of 12 percent. It has cut the refinancing rate to 7 percent from 15 percent at the beginning of 2012.
Prime Minister Nguyen Tan Dung plans to complete a revamp of state-owned enterprises by 2015 and has set up an asset management company to clear bad debt at lenders. The economy may grow 5.4 percent in 2014, the World Bank said this month, slower than a government target of 5.8 percent.
Services, which made up 43 percent of the economy, grew 6.6 percent in 2013 from a year earlier, while industry and construction, which accounted for 38 percent of GDP, expanded 5.4 percent, data from the Statistics Office showed.
Inflation quickened to 6.04 percent in December, data showed. Dung told the central bank earlier this month price gains must be kept at 6.5 percent to 7 percent in 2014.


In a note by BofA's Michael Hartnett titled "When Supercycles end", the bank looks at the latest EPFR fund flows and concludes that the wave of commodity "capitulation" revulsion selling has finally arrived.
Specifically, looking at fund flows, the most recent week saw the biggest outflow from precious metals in four months and emerging market fund outflows reaching $10 billion over the last two weeks leading Hartnett to conclude that "capitulation is beginning in EM/resources/ commodities."
The fund flow details indicate a "Great Rotation" out of commodities, Emerging Markets and, curiously, the US, and into bonds and continued flows into Europe, which has now seen 10 straight weeks of inflows with the latest one of $6.0 billion also the largest in the past 4 months.
To be sure, the best example of the paper flow capitulation is where else but gold, where in the past week algo, 1% of total gold/silver AUM has been wihdrawn!
But while gold has seen its share of pounding in the past 5 years, it is modest compared to the revulsion experienced by companies that have economic exposure to Emerging Markets. As BofA notes "US companies with high economic exposure to Emerging Markets at close to 13-year lows vs broad US equities."
The last chart may also explains why Ray Dalio, after largely ignoring the bursting of China's three bubbles (as shown here previously) finally threw in the towel, became bearish on China and admitted that "There Are No Safe Places Left To Invest." It also explains why increasingly fewer are "buying the dip" across markets despite one-off superstars like GOOG and AMZN.


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57 F. 3d 627 - In the Matter of Robert Sheridan
57 F3d 627 In the Matter of Robert Sheridan
57 F.3d 627
27 Bankr.Ct.Dec. 513, Bankr. L. Rep. P 76,548
In the Matter of Robert SHERIDAN, Debtor-Appellee.
Appeal of CITY NATIONAL BANK OF FLORIDA.
Argued April 19, 1995.
Catherine Steege (argued), Jenner & Block, Patrice A. Powers, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, Robert P. Frankel, Lapidus & Frankel, Miami, FL, for City Nat. Bank of Florida.
Louis W. Levit (argued), Patrick S. Munzer, Brian L. Shaw, Ross & Hardies, Chicago, IL, Charles S. Stahl, Jr., Wheaton, IL, for Robert Sheridan.
Before POSNER, Chief Judge, FLAUM, Circuit Judge, and SHABAZ, District Judge.*
FLAUM, Circuit Judge.
City National Bank of Florida ("City National") sought to hold non-dischargeable the debt owed to it by Robert Sheridan, the bankruptcy petitioner, as a consequence of unrepaid loans. City National contended that Sheridan obtained the underlying loans through the submission of false financial statements and under false pretenses. 11 U.S.C. Sec. 523(a)(2)(A), (B). The bankruptcy court directed a verdict for Sheridan at the end of City National's case, a decision the district court affirmed. We also affirm.
Robert Sheridan, a developer and manager of commercial and multi-family real estate in Illinois, Florida, and New York, had been involved in the real estate business for over eighteen years. He conducted his business under the names Robert Sheridan & Partners and the Edgemont Corporation. In 1988, Sheridan met with executives from City National to discuss borrowing money for short-term financing of earnest money deposits on property he sought to purchase. On December 29, 1988, Sheridan submitted to City National an August, 1988 financial statement listing his net worth at approximately $29 million. Sheridan testified that he intended City National to rely on the statement in determining whether to extend him financing. The statement had been compiled in the same form, using the same methodology, as financial statements Sheridan had previously produced and had regularly submitted to other financial institutions and third parties. City National's Executive Vice President in Charge of Lending and Chairman of its lending committee, G. Craig Young, reviewed the statement and asked Sheridan several questions regarding its contents.
On March 28, 1989, City National's lending committee approved a $500,000 line of credit for Sheridan, subject to City National's approval of each draw request made by Sheridan. The parties agreed that the line of credit would only be used to finance earnest money deposits. Sheridan further agreed to repay the funds when a sale closed and he had secured permanent financing, or when negotiations broke down and a sale failed to close. City National's letter of commitment stated that Sheridan had to submit a "complete breakdown of the investment which the funds will be used to acquire, together with supporting documentation" with every request for funds. By signing this letter, Sheridan recognized that City National had relied on his financial statement.
On April 24, 1989, Sheridan made his first draw request for $300,000 to make a principal payment to another bank. City National told Sheridan's comptroller that the line of credit was not intended for that purpose, and Sheridan withdrew the request.
On May 10, 1989, Sheridan requested $200,000 for earnest money deposits on property located in Carol Stream and Aurora, Illinois. City National approved the request and wired the money to Sheridan's general business account. At the time he requested the draw, Sheridan's account had a negative balance of over $117,000, which grew to over $175,000 on the day of the transfer. The loan proceeds brought Sheridan's account to a positive balance. On May 25, Sheridan made an earnest money deposit of $100,000 on the Carol Stream property. On the same day, Sheridan received the proceeds from the sale of another property, which City National asserts is the money he used for the Carol Stream deposit. Sheridan deposited $100,000 on the Aurora property on June 20, bringing his total deposits to $200,000, the amount of the May draw. City National presented evidence that just prior to his request for the draw, Sheridan had borrowed $275,000 from Manufacturers Hanover Trust Company ("MHT") for an earnest money deposit on the Aurora property, although he made no such deposit in May.
On August 4, 1989, Sheridan deposited $150,000 on the Aurora property. He requested a $200,000 draw for down payments on that and the Carol Stream property on August 23, 1989. Two days later, Sheridan sent a letter terminating negotiations for the Aurora property, and on August 31, before he had received the money from City National, Sheridan requested the return of his Aurora deposits. City National transferred the draw proceeds to Sheridan on September 5, 1989, at which time Sheridan's account had a negative balance of approximately $8,000. Sheridan received the $250,000 Aurora deposit refund on September 7, and although Sheridan knew he had to repay the bank upon this event, his comptroller failed to do so. On September 13, Sheridan deposited $100,000 on the Carol Stream property.
Sheridan repaid the May loan in full on November 13, 1989, at which time he still owed City National $200,000, the total of his deposit on the Carol Stream property. At the end of November, Sheridan provided City National with his August, 1989 financial statement listing his net worth at approximately $31 million. The Carol Stream property purchase closed on December 15, 1989, but Sheridan did not inform City National of this occurrence.
On February 26, 1990, Sheridan requested $300,000 for an earnest money deposit on industrial property in Florida as well as for short-term cash flow needs, which City National approved and paid. In February, Sheridan also negotiated for the renewal of the August, 1989 draw. He informed City National that the Carol Stream deal had closed but City National renewed the note without inquiring as to why Sheridan had not repaid the money at the time of the closing. Both notes came due on May 15, 1990, at which time Sheridan asked for a further extension. City National requested an updated financial statement which indicated Sheridan had a net worth of approximately $32 million. In response to City National's inquiry whether he was in default on any other loans, Sheridan stated no, although evidence presented at trial showed he was in default to his primary lender, MHT.
City National granted Sheridan's request for an extension and, upon receipt of a $100,000 payment, gave Sheridan an additional extension when the notes came due in June, 1990. Sheridan failed to repay either loan on their final due date, July 27, 1990. In August, he informed all of his lenders that he could not pay them. On February 26, 1991, City National obtained a judgment against Sheridan for $438,385.69. Sheridan filed for Chapter 11 bankruptcy on April 26, 1991. In his petition, Sheridan stated he had a negative net worth of approximately $16.6 million.
City National moved the bankruptcy court to hold its judgment against Sheridan non-dischargeable. It alleged that Sheridan had made materially false written statements regarding his financial position on which City National had relied in lending him money, referring to the three financial statements. 11 U.S.C. Sec. 523(a)(2)(B). City National also contended that Sheridan had obtained the August, 1989 loan under false pretenses by representing that he would use the proceeds as earnest money deposits on the Aurora property when he had no intention of doing so. 11 U.S.C. Sec. 523(a)(2)(A).
At trial before the bankruptcy court, City National presented the expert testimony of Harold Sullivan, a certified public accountant and the partner in charge of Ernst & Young's reorganization practice. Sullivan is also certified as a business valuation appraiser and oversees Ernst & Young's valuation department. He testified that each of Sheridan's three financial statements materially overstated the value of his real estate investments and his net worth. Sullivan asserted that at all relevant times, Sheridan's actual net worth was close to zero.
Sullivan reached his conclusions after examining Sheridan's five largest investments, which accounted for over 75% of the real estate holdings and 54% of the assets listed on the financial statements. Sheridan owned none of the property directly. Rather he had general partnership interests in partnerships that owned them and he owned the stock of Edgemont, which held limited partnership interests in the partnerships. Sullivan testified that Sheridan's equity interest in the properties only equaled their values after all other creditors were paid. Sullivan stated, however, that Sheridan's papers indicated he used asset discount rates to determine his equity interests in the properties. This process increased Sheridan's equity interest by using lower discount rates, thereby underestimating his risk and overvaluing his interests. City National also presented evidence that the financial statements listed values for each property that were several million dollars above Sheridan's recent purchase price or his recent appraisal values. Sullivan concluded that to arrive at the values contained in his financial statements, Sheridan must have used inflated cash flows and applied an inappropriate discount rate.
Sullivan computed his own values for the properties based on actual cash flows, appraisals, recent selling prices, and the partnerships' financial statements. These calculations led Sullivan to conclude that Sheridan had overstated his real estate interests by at least $20.4 million in August, 1988, $18.1 million in August, 1989, and $21.4 million in February, 1990. Sullivan stated that Sheridan's net worth at these times was close to zero rather than the approximately $30 million Sheridan had represented to City National. Sullivan did, however, prepare other sets of valuations, one of which resulted in a range of values within 15% of Sheridan's values, a result Sullivan admitted was "a reasonable variation." Sullivan also acknowledged several errors and inconsistencies in his conclusions.
Sheridan's accountant testified that Sheridan did not use current income streams to value his properties. He stated that although Sheridan's organization computed the valuations, his accounting firm compiled the financial statements. Sullivan acknowledged that the accountants could not have issued the financial statements had they been aware of anything being seriously amiss. Lederer testified that he prepared the valuations and showed them to Sheridan, who would sometimes change the analysis and comment upon it. Sheridan testified that he had input into the assumptions underlying the valuations and that he possessed the data regarding the properties' actual performance when preparing the financial statements. Sheridan also testified that he had used the same procedures to evaluate whether to purchase property and that many different people participated in the process. Each of the financial statements stated that some or all of the real estate investment valuations had been based on projected net cash flow and included the range of discount rates used, but City National had never inquired into Sheridan's underlying assumptions.
Regarding the false pretenses claim, Sheridan and Stuart Lederer, the general partner in charge of real estate acquisitions, testified that the termination of negotiations and request for refund letters did not signify the true end of the Aurora deal because the whole course of those negotiations had been very volatile. Sheridan further stated that the Aurora deal "blew up for the last time sometime in September," although he knew that fact only through hindsight. Lederer testified that even after earnest money deposits had been refunded a deal could remain open and negotiations could resume.
Sheridan and three employees testified that they could never know how much or when earnest money would be needed. Sheridan thus tried to anticipate future needs and borrow in advance. Sometimes, however, he had to make a deposit before a draw request was processed and would then use the loan proceeds to replenish those funds.
After City National had presented its case, the bankruptcy court directed a verdict for Sheridan on all counts. In an oral ruling, the court found that while the evidence was persuasive that Sheridan had used an incorrect discount rate in valuing his assets on the three financial statements, City National had failed to prove that Sheridan had acted with an intent to deceive. As to the false pretenses claim, the court found that Sheridan used the loan proceeds as he had represented he would in the draw requests. The district court affirmed the bankruptcy court's determination regarding the financial statements, finding that it had applied the correct legal standard, but remanded for specific findings on the false pretenses claim. On remand, the bankruptcy court made twenty-nine factual findings, once again concluding that Sheridan had made earnest money deposits on the properties he sought the loans for in amounts equal to the loans. The court held that because money is fungible, it did not matter that Sheridan had not made the deposits with the exact money transferred by City National. The district court affirmed the decision and this appeal followed.II.
City National contends that the bankruptcy court applied incorrect legal standards by holding that it could not prove Sheridan's intent to deceive through circumstantial evidence and by making a requirement of segregation of funds an element of proof that Sheridan obtained a loan under false pretenses. City National also argues that the court improperly prohibited its expert from testifying as to what Sheridan would have had to have known about his allegedly false financial statements. Finally, City National urges us to hold that the bankruptcy court's factual findings regarding the false pretenses claim are clearly erroneous.
We, like the district court, review the bankruptcy court's legal conclusions de novo. Meyer v. Rigdon, 36 F.3d 1375, 1378 (7th Cir.1994). We review factual findings for clear error, and will reverse them when, "although there is evidence to support [the findings, we are] left with the definite and firm conviction that a mistake has been committed." Matter of Thirtyacre, 36 F.3d 697, 700 (7th Cir.1994) (quoting Anderson v. Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1987)).
In order to prevail on a claim under 11 U.S.C. Sec. 523(a)(2)(B), a creditor must prove by a preponderance of the evidence that a debtor made, with an intent to deceive, a materially false written statement regarding his financial condition and that the creditor relied on that statement. See Matter of Harasymiw, 895 F.2d 1170, 1172 (7th Cir.1990); see also Grogan v. Garner, 498 U.S. 279, 287-88, 111 S.Ct. 654, 659-60, 112 L.Ed.2d 755 (1991) (preponderance of evidence, not clear and convincing standard, applies). At issue here is whether Sheridan possessed the requisite intent when he submitted his financial statements to City National.1 Of course, a party can prove an intent to deceive through direct evidence. Alternatively, this court has held that wrongful intent may "logically be inferred from a false representation which the debtor knows or should know will induce another to make a loan." In re Kimzey, 761 F.2d 421, 424 (7th Cir.1985); see also Matter of Garman, 643 F.2d 1252, 1260-61 (7th Cir.1980) ("[W]here ... a person knowingly or recklessly makes a false representation which the person knows or should know will induce another to make a loan, intent to deceive may be logically inferred.") (quoting Carini v. Matera, 592 F.2d 378, 380 (7th Cir.1979)), cert. denied, 450 U.S. 910, 101 S.Ct. 1347, 67 L.Ed.2d 333 (1981); In re Olinger, 160 B.R. 1004, 1012 (Bkrtcy.S.D.Ind.1993); In re Austin, 138 B.R. 898, 914 (Bkrtcy.N.D.Ill.1992).
City National argues that the bankruptcy court incorrectly held that circumstantial evidence can never prove an intent to deceive, contravening our teachings in Kimzey. The district court, reading the bankruptcy court's oral ruling in its entirety, determined that the bankruptcy court had not so held, but rather had concluded that City National's circumstantial evidence did not support a finding of wrongful intent in this case. We agree.
The court stated that City National had presented no direct evidence that Sheridan knew or believed that the values of the properties contained in the financial statements were inflated. It also noted that witnesses had testified that Sheridan had used the same valuation process for internal business purposes and financial statements long before he had any dealings with City National. Sheridan did not prepare the statements by himself and did not unduly influence his employees to make certain valuation decisions or do anything other than follow their own best judgment. The court continued:
The circumstantial evidence that may be in the record is consistent with an overly aggressive but nonfraudulent approach to real estate investments. That is circumstantial evidence and is not enough on which to base a finding of the reckless or wrongful intent.
We first note that some of the evidence discussed by the bankruptcy court is circumstantial, contrary to City National's assertion that the court exclusively emphasized the lack of direct evidence. The court did not discuss all of City National's submissions, but it cannot be faulted for failing to mention every piece of evidence presented, especially in an oral ruling. After discussing certain evidence, the court stated the conclusion it drew from the circumstantial evidence in the record, thus indicating an awareness of its relevance. In fact, the court specifically recognized that circumstantial evidence could prove intent: "[T]o me, the evidence is equally persuasive that the debtor did not [use an incorrect discount rate] with the intent to deceive ... or with such reckless disregard for the truth that such intention [can] be inferred." Thus, we conclude that the bankruptcy court applied the correct legal standard, considered the circumstantial evidence, and determined that, in light of the other evidence (or lack thereof) presented in this case, it did not support a finding of wrongful intent.
City National could have challenged the bankruptcy court's finding as clearly erroneous, but chose not to do so. Instead, it asserts that the bankruptcy court must have used an incorrect legal standard because otherwise it would not have directed a verdict for Sheridan given the strong circumstantial evidence City National had presented. The court found that Sheridan had used an "incorrect discount rate in valuing the assets because he used a rate applicable to the property value rather than the equity value." City National points to courts that have found an intent to deceive based on similar misrepresentations or omissions by an experienced debtor, such as Sheridan. See In re Cunningham, 163 B.R. 657, 661 (Bkrtcy.D.Mass.1994); In re Bailey, 145 B.R. 919, 931 (Bkrtcy.N.D.Ill.1992); In re Hall, 109 B.R. 149, 155 (Bkrtcy.W.D.Pa.1990); In re Janes, 51 B.R. 932, 936 (Bkrtcy.D.Kan.1985); In re Blatz, 37 B.R. 401, 404 (Bkrtcy.E.D.Wis.1984). In addition, City National cites to cases in which the court inferred an intent to deceive based on a dramatic decline in net worth, such as occurred here. See Bailey, 145 B.R. at 931; In re Myers, 124 B.R. 735, 741 (Bkrtcy.S.D.Ohio 1991), district court dismissal aff'd, 961 F.2d 1577 (6th Cir.1992); Blatz, 37 B.R. at 401.
While these cases would support the bankruptcy court's decision had it inferred an intent to deceive from the circumstantial evidence admitted in this case, they do not compel such a finding and do not require us to reverse the court's holding. Kimzey stated that an intent to deceive may be inferred from certain evidence and did not hold that a court must infer intent whenever a creditor presents circumstantial evidence of the type discussed above. Whether to infer the requisite intent is left to the bankruptcy court that presides over the case. Because that court is in the best position to observe the witnesses and presentment of the evidence, we review its findings only for clear error, an argument City National has not made. See Janes, 51 B.R. at 936 (court noted that it observed the debtor's demeanor and evaluated his credibility when inferring intent from misstatements and omissions). The bankruptcy court recognized the applicability of circumstantial evidence and the cases cited by City National do not convince us that it then ignored that evidence in reaching its conclusion.
City National next objects to the bankruptcy court's refusal to allow its expert, Sullivan, to testify as to what Sheridan would have had to have known regarding property values given his experience in the real estate field. A district court has great discretion over the admission of expert testimony, and we review only for an abuse of that discretion. United States v. Lilly, 37 F.3d 1222, 1228 (7th Cir.1994), cert. denied, --- U.S. ----, 115 S.Ct. 1155, 130 L.Ed.2d 1112 (1995).
As an initial matter, Sheridan asserts that City National has waived this argument by failing to raise it before the district court. City National counters that it did sufficiently argue the issue below and the district court's failure to address it does not constitute a waiver. In its brief in the district court, City National claimed that Sullivan should have been allowed to respond to the question, but it is not clear that this contention can be construed as an appeal of the court's ruling. Indeed, in that brief, City National argued that it had raised two legal issues: whether the bankruptcy court applied two incorrect legal standards to its claims. Moreover, the assertion of error was contained not in a separate section, but merely in a discussion of the proof that the court did not accept circumstantial evidence as relevant to the issue of intent to deceive. We need not decide the waiver question, however, because City National has failed to meet its burden of showing that the bankruptcy court abused its discretion in excluding this testimony.
The court would not allow Sullivan to answer the several restatements of the question posed by City National about Sheridan because it did not believe Sullivan had the expertise to "psychoanalyze" Sheridan. City National merely contends, citing to two cases in which the court inferred an intent to deceive based on the debtor's expertise, that Sullivan's answer would have been relevant. City National also asserts that the court could have admitted the testimony under either FED.R.EVID. 701 or 702. In United States v. Curry, we affirmed the district court's exclusion of an expert who would have testified about eyewitness identifications even though her testimony "may not have been unhelpful" and the court had no quarrels with her competency. 977 F.2d 1042, 1051-52 (7th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1357, 122 L.Ed.2d 737 (1993). An appellate reversal of a decision to limit an expert's testimony requires more than bare arguments that the expert is qualified and his testimony would be relevant. Indeed, the abuse of discretion standard requires the challenging party to show that no "reasonable person would have agreed with the district court['s ruling]." Holmes v. Elgin, Joliet & Eastern Railway Co., 18 F.3d 1393, 1397 (7th Cir.1994). City National has not met its burden here.
Regarding its claim under 11 U.S.C. Sec. 523(a)(2)(A), City National asserts that the bankruptcy court once again applied an incorrect legal standard and that its findings are clearly erroneous. To prevail on a false pretenses claim, the creditor must show that the debtor obtained the money "through representations which the debtor either knew to be false or made with such reckless disregard for the truth as to constitute willful misrepresentation." Kimzey, 761 F.2d at 423. City National must also prove that Sheridan acted with an intent to deceive and that City National relied on Sheridan's misrepresentations. Matter of Mayer, 51 F.3d 670, 674-76 (7th Cir.1995) ("Reliance means the conjunction of a material misrepresentation with causation in fact." A misrepresentation is not material if the creditor knows it is false or "possesses information sufficient to call the representation into question..."); see also 11 U.S.C. Sec. 523(a)(2)(A).
We have held that when a creditor entrusts the debtor with money to use for a specific purpose and the debtor has no intention of using it in that manner, a misrepresentation exists upon which a debt can be held non-dischargeable. In re Pappas, 661 F.2d 82, 86 (7th Cir.1981). In other words, proof that the debtor never put the money toward the stated purpose allows a court to infer the requisite intent. City National argues that the bankruptcy court erroneously engrafted the requirement that City National have ordered Sheridan to segregate the loan proceeds in order to prove the misrepresentation. The court noted, in its findings of fact, that while Sheridan may not have used the exact funds loaned to him by City National, he did, either before or after receiving the money, make the deposits. The court stated that the order of receipt and deposits did not matter because the "effect on City National is the same as if the proceeds of the August Draw had been used directly for the deposit. Given City National's practice of depositing funds into a general account and the fungibility of money, ... City National has not proven that [Sheridan] did not intend to use the proceeds of the August Draw for the stated purposes."
As Sheridan contends, if the bankruptcy court felt that the lack of a segregation requirement was fatal to City National's claim, the court would have had no reason to address the facts of the case. It made, however, twenty-nine conclusions of fact and discussed the different loans and deposits by Sheridan. In these circumstances, we do not believe that the court's mention of the lack of a segregation requirement raised the level of proof needed to show false pretenses. Rather, the court appropriately recognized the fungibility of money and found that absent a segregation provision, the important question is whether the debtor made use of equivalent amounts of money in the required manner. The cases cited by City National in which courts have followed the principle announced in Pappas are thus inapposite to this situation. In those cases, the debtor had put either no money or only a portion of the proceeds toward the purpose given in its loan request. The courts held non-dischargeable the amount of the loans not used in the required manner. See In re Segala, 133 B.R. 261, 264 (Bkrtcy.D.Mass.1991); In re Eversole, 110 B.R. 318, 323 (Bkrtcy.S.D.Ohio 1990); In re Norton, 34 B.R. 666, 668 (Bkrtcy.D.Ariz.1983); see also In re Kroh, 88 B.R. 972, 983 (Bkrtcy.W.D.Mo.1988); In re Blagaich, 67 B.R. 375, 377 (Bkrtcy.S.D.Fla.1986); In re Jones, 50 B.R. 911, 921 (Bkrtcy.N.D.Tex.1985); In re Wade, 26 B.R. 477, 483 (Bkrtcy.N.D.Ill.1983). These decisions contrast with the instant case, in which the court concluded that Sheridan did use money for the purposes he had represented on his draw requests.
City National also claims that the court's findings that Sheridan used the August loan for his stated purpose are clearly erroneous. The court noted that the draw request was for earnest money deposits on properties in Carol Stream and Aurora. The court found that Sheridan had made a $100,000 deposit on the Carol Stream property after receiving the August draw proceeds. The court further found that Sheridan had used the remainder to replenish his business account from which he had previously made a $100,000 deposit on the Aurora property. Moreover, the court noted that after Sheridan repaid the May draw in November, he owed City National $200,000, the amount of his deposit on the Carol Stream property and the amount of the August draw.
Sheridan testified, without contradiction, that he would sometimes need to deposit money before a loan was processed and then would use the funds when received to replenish his account. The court relied on this practice, which City National did not prohibit, to find that the August 3 deposit should be credited against the August draw. City National argues, however, that Sheridan testified he would use his own money while waiting for a loan to come through, not, as occurred here, use his own money and then first request the necessary loan two weeks later. While the timing does seem a bit strange, the court assessed Sheridan's credibility and did not clearly err in inferring appropriate conduct from his testimony.
City National further objects to the court's finding that Sheridan did not obtain the loan under false pretenses by accepting the draw proceeds after he had terminated negotiations on the Aurora property and had requested the return of his earnest money deposits. The court found that the termination and refund letters did not necessarily signify the end of negotiations. We find nothing wrong with the court's decision, which it based on Sheridan and Lederer's uncontroverted and "completely credible" testimony.
As the court found, Sheridan made deposits on the properties in question in the same amounts it borrowed from City National. Sheridan did not make the deposits with the exact money forwarded by City National, but the court correctly emphasized the fact that money is interchangeable. It does not matter that Sheridan had negative account balances at the time of the money transfers; it matters that he put money to the use he promised. Neither Sheridan's failure to repay the May draw upon the return of the Aurora deposit nor his neglect to repay the August draw when the Carol Stream deal closed in December necessarily reflect his intent at the time he requested the draws.
For the foregoing reasons, the decision of the district court affirming the decision of the bankruptcy court is
The Honorable John C. Shabaz, of the United States District Court for the Western District of Wisconsin, sitting by designation
City National argues that the court found that Sheridan's financial statements were materially false, a contention Sheridan disputes. We need not discuss this element because we hold that the court applied the correct legal standard


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Film Academy Submits The Deep For Oscar — The Reykjavik Grapevine
Film Academy Submits The Deep For Oscar
The Icelandic Film and TV Academy have selected Baltasar Kormákur's The Deep as their submission for a possible 2013 Best Foreign Language Oscar.
In a statement to the press, the academy says the film was elected by members of the board as their submission for the Academy Awards, to be held next year in the US.
The Deep, by director Baltasar Kormakur, premiered at the Toronto International Film Festival in early September. The film is based on the astonishing true story of an Icelandic man who miraculously survived when a fishing boat sank off the south coast of Iceland in 1984. The man, played by Olafur Darri Olafsson, was the sole survivor and consequently became a national hero in Iceland as well as an inexplicable scientific phenomenon due to his superhuman accomplishment.
The director, Baltasar Kormakur, has worked extensively as an actor, producer and director in both theatre and film. He has completed filming the Hollywood thriller, 2 Guns, starring Denzel Washington and Mark Wahlberg, scheduled for release in August, 2013.
Iceland has had two nominated films in the Oscar race. Children of Nature by Fridrik Thor Fridriksson was nominated as the Best Foreign Language Film in 1992 and The Last Farm, by Runar Runarsson, was nominated for Best Live Action Short Film in 2006.
For more on the movie, and on Baltasar himself, check out Grapevine's interview with the man in our current issue.
Next: Iceland Permits Cannabis-Based Medication
Previous: No More Throwing Away Paper
VIDEO: Life Of A Hiking Tour Guide In Iceland


From the kitchen sink to the bathroom toilet, pipe blockages and drainage problems are always a hassle, and using the wrong methods or tools to unclog drains can lead to permanent damage to pipes.
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Super Skull Smash GO! 2 Turbo
The follow up to 2013's PlayStation Mobile game, Super Skull Smash GO!
Mac PC PlayStation Vita PlayStation 4
The player must stop the Evil King from invading the Kingdom of Bones by jumping on skeletons, and smashing their skulls on shrines. The game has three types of levels; Smash, Puzzle and Boss.
Super Skull Smash GO! 2 Turbo is a game about jumping on skeletons and then taking the skulls from those fallen skeletons and smashing them against a shrine in order to purify their bones.
Super Skull Smash GO! 2 Turbo's visuals are designed after the 8 bit style of home consoles from the 80s. It strictly adheres to some limitation of those systems such as limited color count per tile and sprite but deliberately shuns others such as limitations of background scrolling and limited color palettes.
The design and layout of the levels, characters and enemies is designed to evoke a nostalgic feeling while the broken limitations allow for a deeper control of the atmosphere and visual dynamic in each scene.
The game is set on the islands comprising the KINGDOM OF BONES. Each island has it's own visual style, color palette and authentic chip-tune music. There are 8 islands in the kingdom of bones (plus three mini-boss islands) and the final boss island.
The islands include Haunted Village, Spooky Steppe, Poison Plains, Violent Volcano and so on. Across the islands the player will find the scattered villagers from the haunted village.
When found they will give nuggets of advice or set the mood or advance the story. The islands are also populated by the minions of the EVIL KING who is trying to spread his skeleton hordes across the KINGDOM OF BONES in order to annoy the villagers.
The player must explore each level in order to find each skeleton and then work out how to get the skull back to the shrine in order to purify the lands. Each normal level also includes two other objectives. There are hidden coins and a secret gem to find in each normal level. A timer also keeps track of time in all levels encouraging replay. The final game screen gives a total time for all levels.
In addition to the normal levels there are puzzle levels in which the player must use strange mechanical platforms (which the player can pick up and move to other locations or sources of power) in order to find a path to a heart piece which will increase the player's heart total for all other levels.
There are also five boss levels in which the player is tasked with destroying a giant mecha-skeleton or defeating the EVIL KING. Both kinds of boss level require the player to use each boss's own power against it. Across the game there are many hidden secrets. Each secret is a one-off event which is tied to a trophy. Some are simply hidden collectibles. Others require the player to find food hidden in a level and deliver it to a hungry character or find a secret pie and throw it in the face of a zombie (causing it to blindly stumble off a ledge).
The game begins with the 'wandering' player arriving at the outskirts of the haunted village. Here they learn of the prophecy and how spooky it is to live under the EVIL KING. The villagers ask the player for her help. After learning the basics the player cleanses the outskirts and moves onto the haunted village. When cleansing a whole island is complete a poison barrier is destroyed and the player can move on to the next island.
Between some islands there is a mini-boss island where a skeleton in a giant robot will try to stop the player's progress. Half way through the game the EVIL KING will appear and bother
the player. After cleansing all the islands and making it to the final island the EVIL KING will appear a second time and a much harder battle will ensue. Should the player defeat the EVIL KING he will drop his crown. The player has a choice at this point but it is not explicit. The game will not end until the player has picked up the crown. Should the player hold the crown for more than 5 seconds then the first ending will be earned. In this ending the player becomes the new KING and rules over the kingdom of
bones. Should the player throw the crown into the acid then the crown is destroyed and the second ending is earned. In this ending there are no more kings in the kingdom of bones.
TACS Games


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Home » Campaign, CPG, Featured »
Hershey launches 'sweet' masterbrand platform
The confectionery brand puts its focus on enjoying moments, starting with a video comprised of "Dad Jokes" told entirely in ASL.
The Hershey Company is using a lighthearted exchange between a father and son to launch a new masterbrand platform that's aimed at getting Canadians to associate the chocolate brand with life's sweet moments.
The new "Dad Jokes" ad stars Chris and Braden Kenopic, a real-life father and son who are both deaf and active within Toronto's deaf community, signing groan-worthy jokes to one another. Chris Kenopic is also a former president and CEO of the Canadian Hearing Society. The video was posted online earlier this month, and Hershey points to its 1.3 million views as proof that there is demand for inclusive representation in marketing and advertising from consumers.
The spot, created by Anomaly and Sparks Production, is the first in the brand's new "Life is Sweet" platform. This is the company's first year in market as a masterbrand, and the platform aims to make Hershey's a "megabrand" that stands on its own among Canadian consumers, according to John Hay, senior marketing manager at The Hershey Company. The company is connecting all of the products in its portfolio under a big brand idea that is meant to be meaningful to consumers.
"The big idea behind 'Life is Sweet' is that life constantly sidetracks us and stops us from enjoying the ride," he says. "We believe that life is a roller coaster and, above all else, we want to enjoy everyday moments with the people we care about. That's what makes life sweet and Hershey's makes those moments just a little bit sweeter."
"Dad Jokes" was designed to be online-only, with pre-roll versions of the spot referencing the "skip ad" button in creative to encourage people not to skip by referencing the sweet moment at the end. Hay says this fits with the idea behind the broader platform. "We don't want people to skip through everyday moments, as any moment that can be shared can be sweet."
The online video will be running until late August, with the social push wrapping up this weekend. UM is handling media.
Anomaly, Hershey, Hershey Canada, John Hay, UM


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The UK & Ireland Nuclear Free Local Authorities (NFLA) note that the UK Government's Energy White Paper that came out just before Christmas 2020 gives strong support for new nuclear projects. It was a part of the Prime Minister's 'Ten Point Plan' and it gives overt support for large nuclear projects, small modular reactors and even nuclear fusion.
The Energy White Paper has some welcome parts to it, like support for offshore wind, developing greener buildings, seeking to move to zero emission vehicles and promoting green public transport. However, NFLA remains disappointed and continually frustrated over the lack of support given to onshore wind, solar energy, tidal and marine energy and decentralised energy in general. So many of the projects put forward are top-down and support big business far more than they do local communities.
In terms of the support for new nuclear there is a commitment from the UK Government to get at least one further large nuclear reactor development achieved by the end of the next Parliament, which presumably means Sizewell C to join with Hinkley Point C. There is ongoing warm support for small modular reactors and to create an experimental nuclear fusion reactor, and extensive lobbying is going on from the nuclear sector to deliver this. The government have also ignored the comments made by many groups and seek to suggest that the Revenue Asset Base model may provide the public financing to support some of this work.
However, NFLA notes a recent trawl of the media shows the nuclear sector remains far from rosy:
Despite considerable effort from the UK and Welsh Government, The Times has recently reported that Hitachi are likely to pull the plug on the Wylfa B project by the end of March. They are unsatisfied with the lack of real offers that have come in, despite suggestions that American utilities Bechtel, Westinghouse and Southern Company are interested, despite all of them having serious financial and technical challenges to overcome, as the People Against Wylfa B group have highlighted in detail. (1)
Despite changes to the plans, EDF Energy have confirmed that there would be as many as 250 lorry transports (500 two-way movements) on an average typical day through the local Suffolk towns close to the site, rising at the peak of construction to 350 lorry transports (700 two-way movements). Such figures are part of the reason a large coalition of local environmental, transport and community groups remain opposed to a Sizewell C development and will actively challenge it as the Planning Inspectorate develop a public inquiry on the proposals. (2)
The Environment Agency has flagged up six serious safety concerns with EDF and China General Nuclear's (CGN) plans to construct a 2.2GW nuclear reactor at the Bradwell site in Essex. These will have to be resolved before it could approve the reactor design. (3)
There remain real questions to answer over how the Hinkley Point C reactor will be financed. A report by Professor Stephen Thomas and Alison Downes for example, notes "The only options remaining appear to be the granting of sovereign credit guarantees by either the UK or French government, unlocking debt finance or, as foreseen by the NAO, a renegotiation of the contract terms removing the technology risk from EDF." (4) It has also just been confirmed that last week 14 of the EDF contractor's staff tested positive for Covid-19, another factor that could further delay this project, likely to increase costs for the project further, should that happen. (5)
Whilst much publicity is given to small modular reactors, not one design is yet with the Office for Nuclear Regulation for consideration. And any nuclear fusion reactor, if it ever could be shown as a proven technology, will be provided much too late to have a positive response on getting to zero carbon emissions in the next two decades.
This comes at a time when wind and solar broke energy generating records in 2020. Wind generation records were broken several times over the year, and at times solar energy provided a third of Britain's electricity supply, according to figures from the National Grid ESO. (6) Councils across the UK also continue to deliver excellent low carbon projects showing the real benefits of locally owned, effective projects. (7)
"The NFLA continue to be disappointed with the UK Government's new nuclear strategy, which involves so much time and effort for longer-term projects when there are abundant evidence that renewables, battery storage, smart energy and local, decentralised energy can be delivered cheaper, safer, cleaner and much more swifter than top-down nuclear options. We say it again that there is a more realisable energy policy with great benefits to local communities that does not require new nuclear. Communities around Anglesey and Gwynedd for example have spent over a decade awaiting the new nuclear 'dream', when pursuing its substantial renewable potential would have been far better. Let's stop wasting time and get on delivering a renewable energy revolution instead."
Ends – for more information please contact Sean Morris, NFLA Secretary, on 00 44 (0)7771 930196.
(1) PAWB 11th January 2021
https://www.stop-wylfa.org/2021/01/12/2304/
(2) East Anglian Daily Times, 13th January 2021
https://www.eadt.co.uk/news/sizewell-c-plans-changes-submitted-6900486
(3) New Civil Engineer 13th Jan 2021
https://www.newcivilengineer.com/latest/bradwell-b-developers-told-to-address-six-safety-concerns-with-nuclear-plant-13-01-2021/
(4) Financing Hinkley Point C, August 2020
https://stopsizewellc.org/core/wp-content/uploads/2020/10/Hinkley-finance-AMF-CDC-update.pdf
(5) Somerset Live, 13th January 2021
https://www.somersetlive.co.uk/news/somerset-news/coronavirus-14-hinkley-point-c-4882254
(6) Current News, 12th January 2021
https://www.current-news.co.uk/news/2020-hailed-as-greenest-year-ever-by-national-grid-eso-with-wind-solar-and-coal-records
(7) NFLA, 9th November 2020
https://www.nuclearpolicy.info/wp/wp-content/uploads/2020/11/A320_NB207_Green_recovery.pdf


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« Bergdahl weeps on witness stand for soldiers wounded when looking for him | Tony Podesta scurries away toward the darkness »
Tom Steyer getting as obnoxious as George Soros
By Monica Showalter
Got a spare $10 million? Then you too can reverse the votes of 62 million Americans, all by using your money.
That's the spectacle we are seeing with these unprecedented Tom Steyer television ads, calling on Americans to sign his petition to impeach President Trump. Who knows how many times the sound has been turned down across the 50 states that can't otherwise get out of hearing this when he comes on? Steyer's also planning to spend millions on digital media, and already his ads are turning up on Skype. Every night we hear these ads, a sound-bite fest of phony claims about Trump hating the Constitution, threatening free speech, obstructing justice, and the like, none of which is true, accompanied with the exhortation to go join Tom and sign his petition. Now he's got more than a million signatures – 1,119,720, to be exact – according to what must be his buddies at Axios, given that they got the number.
The campaign lasted ten days. Ten days to disenfranchise 62 million voters through legal maneuvers, despite not having anything like their numbers. Fortune has the story here.
Trump, of course, has responded with disgust and mockery, pointing out that Steyer throws away a lot of money on losing causes.
Wacky & totally unhinged Tom Steyer, who has been fighting me and my Make America Great Again agenda from beginning, never wins elections!
— Donald J. Trump (@realDonaldTrump) October 27, 2017
Maybe it is a losing cause, but who knows, given that he's seeking to take the election away from the people and place it in the hands of left-wing lawyers?
So who is Tom Steyer?
Steyer is a classic billionaire in the mold of George Soros, who represents everything ordinary people despise about the limousine left. He's a lot less rich than Soros, with only a billion dollars and change in his pile. His Wikipedia page points out he has a hedge fund background, like his richer coeval George Soros, and he hangs around the Bay Area, home of the other banking family the Soros empire is associated with, the Sandlers, famous for making a killing in the subprime meltdown of 2008 as thousands lost their homes.
Steyer is famous for his insanely absolutist environmentalism and the cash he shoves into that cause. He famously put the squeeze with his money on President Obama, who shut down the Keystone XL pipeline, all at his whim. Obama paid no attention to the economics of that decision; he just paid attention to his campaign donor. That deprived tens of thousands of Americans of jobs. But it probably put the idea into his head that the views of one billionaire always outweighs the sentiment and interests of the Little People, and that is the pattern he is showing right now with these ads.
Steyer also put a lot of money into green energy schemes, many of which are ultimately subsidized by the government. It's a good deal for him, but given the lack of viability of green energy, it does nothing but finance rich men's playthings like electric cars and wind farm turbines.
He's emblematic of the Bay Area mentality in that he loves choking environmental regulations. Those regulations drive up the prices of homes, keeping affordable housing from ever being built in America's bluest cities, with the ultimate aim of keeping the riffraff (common people) out. He also has a problem with common people having cars and independent transport, given his loathing for affordable conventional energy. He would have any of us not as rich as he is taking the bus (run by angry, zero-customer-service $100,000-a-year union employees) instead of driving.
He'd further impoverish ordinary Americans by allowing unchecked illegal immigration into the country, driving wages down. His contributions to the open borders lobby are substantial, according to Wikipedia. There's no doubt about it: the commissar mentality in this rich liberal is strong.
Now he hates Trump and wants to disenfranchise tens of millions of ordinary people who think otherwise. He's got $10 million to blow on this and probably much more after that. He also isn't ruling out running for president himself. Who knows if he will succeed in either endeavor? The fact that he would try sets a creepy precedent for democracy itself and where it's headed.


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Lex starts wage talks
15th June 1985, Page 8
Page 8, 15th June 1985 — Lex starts wage talks
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Keywords : Wilkinson, Business / Finance, Labor
LEX WILKINSON starts its formal wage negotiations on Monday, June 17, and will look at a five item claim from the unions.
The Transport and General Workers' Union, the General Municipal and Boilermakers' Union and the United Road Transport Union have submitted claims which Lex Wilkinson has acknowledged as "more realistic". The wage review date is set for July 27.
General Parcels division managing director Malcolm Howard said that the company's wish to freeze wages and salaries until next year, still stands. This demand lead to the workforce voting to take strike action in the second half of April, but the threat was eventually withdrawn (CM, June 8). Lex Wilkinson argues that with a 1984 profit for General Parcels and Systemline of £556,000 — before tax, interest or the allocation to the employees' share scheme — on a turnover of £44.3m, there is a need to improve profits.
TGWU road haulage national officer Jack Ashwell declined to comment on the wage review. But he said that to help the cost side of Lex Wilkinson's business, the workforce and management were working on "detailed investigations at depot level".
There have been a number of positive suggestions from this, such as on improved trunk scheduling, fuel economy and the increased servicing of company cars in company workshops.
Organisations: United Road Transport Union, General Municipal and Boilermakers' Union, Transport and General Workers' Union
People: LEX WILKINSON, Malcolm Howard, Jack Ashwell


STE / STE detect using "Lower byte of the video counter"
Here's an excerpt of code found in DBA mag, it's done by Jedi/Sector One/The Heavy Killers.
Can someone done a test on STF and STE, I have no access to my cumputers ATM.
Cheers for your help .
Re: STE / STE detect using "Lower byte of the video counter"
This is known difference between ST and STE (pls. correct title) . There are some other ways to detect is it STE or just ST.
Depending on TOS version, you can always check the cookiejar.
Peter : I have this source since a moment on my HD but no access to real HW, I was wondering if it worked.
Of course, I use other ways to detect STE/ST, it was just curiousity .
Maartau wrote: Of course, I use other ways to detect STE/ST, it was just curiousity .
I'm curious aswell as to how many different ways you can reliably identify the machine. So don't quit on my account.
But hijacking the buserror vector and poke around at select memorylocations is one way.
Also a way to find undocumented memory locations, and I know there are some. On both STE & F030... I'm not sure about the ST though.
I did that by scanning all hw address space and simply saving any address that didn't generate a buserror.
* We detect ST-vs-STe by seeing if the high 7 bits of dbasell are RAM.
* If so then we're an STe.
; capacitance effects; dbasel is 00.
; would put $5a on the bus.
tst.b dbasell ; read back - should be zero.
; OK, dbasell holds its value: you're an STe.
I think it is quite well known -- for example from the STE schematic -- that these are accessed in the high byte of $FF9200. Note that you have to use a word access move.w to read them, move.b won't work.
There's nothing to suspect, STE and MegaSTE share the same GSTMCU, so both generate the required signals for the RTC.
EDIT: Typo fixed dbasell vs. dbasel in the code above.
Last edited by czietz on Fri Jun 02, 2017 6:53 pm, edited 1 time in total.
Greenious wrote: I'm curious aswell as to how many different ways you can reliably identify the machine. So don't quit on my account.
That was one question of the moment, got methods from here & there.
Hum... That's all in mess in my sources, and I'm interested by rebuidling a shell to ID computers.
Anyway, seriously interested by this topic .
My way is the most reliable The same code that detects which wakestate an ST is in can detect whether the GLUE/GSTMCU is STE or ST. Basically the "heart" of the machine.
to see if the shifter is one from a STE write a color greater then $777 to $ff8240 or one of the other color reg. and read it back, if it still the same then it is an STE shifter.
I did not see this code example, but it does what i describe.
i had a discussion with npomarede long ago, and he told me that the shifter of the ST did not save the hole word only up to value $777, so i you write a number that is greater, and ask for it again when it would not be the same.
Re: ST / STE detection, "Lower byte of the video counter"
Actually it's not a given. the Mega STE FPU for example, relies on external logic to generate dtack/CS. I admit I haven't looked at the schematics, but it is a solution they might have chosen for the RTC aswell. Anyway, it's mostly from a curiosity standpoint more than anything else.
Oh, another thing, any objections to me adjusting the topic a bit to reflect the direction this discussion has taken?