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Economic Update February 20, 2019
Economic Update: Saginaw Valley Chapter Of The Institute Of Management Accountants February 20, 2019 Presented by: Jonathan M. Gardey, MBA, CFA®, CFP® Presient and CEO Gardey Financial Advisors, Inc. Click here to access the presentation!…Read More
Annual Financial Check-Up
Saginaw Township Business Association January 10, 2019 Presented by: Jonathan M. Gardey, MBA, CFA®, CFP® Presient and CEO Gardey Financial Advisors, Inc. Click here to access the presentation! …Read More
Gardey Financial Advisors proudly announces that Ashley Ciolek, the firm's Chief Compliance Officer and Vice President of Operations has reached her 25th year milestone with the firm.
Ashley joined the firm in 1993 as an intern. She started her career in finance with a Bachelor of Business Administration degree from Saginaw Valley State University, which she earned while working at Gardey Financial Advisors. Ashley continued her education so as to be certified as an Investment Ad…Read More
Introducing Brianna Campos
Gardey Financial Advisors is thrilled to announce the addition of Brianna L. Campos to their team. She will be fulfilling the role of Administrator. Brianna graduated with highest honors from Delta College with an Associate in Business Studies and General Management. She is currently attending North…Read More
Introducing Anne Moskal
Gardey Financial Advisors Announce The Addition of Moskal to their Team Gardey Financial Advisors is thrilled to announce the addition of Anne M. Moskal to their team. She will be fulfilling the role of Scanning Clerk. Anne attends Nouvel Catholic High School and will be graduating in the spring of …Read More
Equifax Security Breach
EQUIFAX SECURITY BREACH On September 7, 2017, a cybersecurity breach was announced by Equifax, one of the three U.S. credit-reporting bureaus, impacting approximately 143 million people. The unauthorized access occurred from mid-May through July of 2017. As a result, Equifax is offe…Read More
I am seeing more and more references to the term "fiduciary" in newspaper articles, in online advertisements, and in news reports. Do you know the answers to the following questions? What is a fiduciary? Why are fiduciaries important? Why are fiduciaries in the news? Definition (fi·du·ci·ar·…Read More
What You Need to Know About Bonds and Why
Bonds and stocks are the two basic building blocks of any investment portfolio. Bonds are, undoubtedly, the less understood of the two. A stock represents ownership in a business, and the stockholder shares in the profits and losses of the business. But what about bonds? A bond is a surprisingly sim…Read More
How to Choose the Most Effective Charity
By Kim Gardey Making a charitable contribution is a lot like making an investment. Just as you want to maximize the return on your investment, you want to get the most from your contribution. How can you choose the charity that will make the best use of your contribution? What you want to know is ho…Read More
How to Build Your Retirement Savings the Easy Way
By Kim Gardey If someone offered to deposit money into your retirement account every pay day, would you turn them down? Well, maybe someone has already made that offer. If your employer offers a 401(k) retirement account, chances are good that as part of the plan, they will match a portion of your c…Read More
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R-CALF: R-CALF USA Applauds USTR Request to Arbitrate COOL; Urges Congress to Not Interfere with Arbitration Process
R-CALF United Stockgrowers of America--"Fighting for the U.S.Cattle Producer"
Billings, Mont. - On Tuesday, the United States Trade Representative (USTR) formally triggered an arbitration process with Canada regarding country of origin labeling (COOL) at the World Trade Organization (WTO). The purpose of the arbitration process is to determine the level of damages, if any, that Canada incurred as a result of the United States' mandatory country of origin labeling (COOL) law. Canada must now prove that it actually incurred monetary damages before the WTO would consider granting it the right to impose retaliatory tariffs against the United States as compensation for any such damages.
In response to the USTR's request, the WTO on Wednesday referred the United States' request regarding Canada to arbitration. Although the USTR will likely also challenge Mexico's claims for damages, Mexico inserted the wrong dollar value for its damage claims and the United States will have more time to respond to Mexico's corrected request to implement retaliatory tariffs.
Even though the COOL complaint is still pending, and while USTR is still pursuing available WTO options with which to defend COOL, the U.S. House of Representatives last week attempted to preempt the USTR from continuing its defense of COOL by passing a measure to repeal COOL for beef, pork and chicken. Recently, a U.S. appellate court definitively ruled that COOL was in full compliance with the U.S. Constitution.
Efforts are now underway in the U.S. Senate to either support the House's repeal effort or to seriously weaken COOL.
R-CALF USA said it applauds the USTR for defending the United States' sovereign right to notify consumers as to the true origins of the meat they purchase for themselves and their families.
"In addition, during the five years that COOL has been in effect, the share of each consumer beef dollar received by U.S. farmers and ranchers has been restored to a 20-year high. In other words, COOL is reducing the control that multinational meatpackers have over our live cattle supply chain and so the USTR's action is directly benefiting U.S. cattle producers," said R-CALF USA CEO Bill Bullard.
The organization also said that Congress is jeopardizing United States' sovereignty by undermining USTR's ongoing efforts to defend COOL through Congress' actions of attempting to outright repeal COOL or to weaken it while the WTO dispute is ongoing.
"We are awe-struck by the tremendous power that multinational meatpackers and foreign countries like Canada and Mexico have over our Congress," said R-CALF USA CEO Bill Bullard who added, "It is unprecedented for Congress to side with foreign countries in an international dispute that involves giving U.S. citizens important information about their food."
Bullard said Congress' effort to repeal or weaken COOL while the WTO case is pending exemplifies a dysfunctional Congress.
"Congress directed the executive branch to subject our U.S.-passed laws to, and to defend those laws within, the global governance structure established by the WTO. But with COOL, Congress is undercutting the executive branch's ability to defend our laws by attempting to surrender them even before the global procedures they agreed to have been completed," Bullard said.
"We urge the U.S. Senate to take no action to repeal or weaken COOL while this important arbitration process is taking place," Bullard concluded.
R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is the largest producer-only cattle trade association in the United States. It is a national, nonprofit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. For more information, visit www.r-calfusa.com or, call 406-252-2516.
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Аксуат () — село в Казалинском районе Кызылординской области Казахстана. Административный центр Майлыбасского сельского округа. Код КАТО — 434449100.

Население
В 1999 году население села составляло 1252 человека (657 мужчин и 595 женщин). По данным переписи 2009 года, в селе проживали 1044 человека (502 мужчины и 542 женщины).

Примечания

Населённые пункты Казалинского района

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Pop promos
Harold Chapman at the 64th Trento International Film Festival, Italy
Harold Chapman is just back from the Trento Film Festival at the foot of the Italian Dolomites, which, founded in 1952, is the oldest film festival in the world dedicated to mountains, adventure and exploration. He was there as a guest of media partners MountainBlog, promoting his short film "Florian's Last Climb" which he hopes to screen at next year's festival. MountainBlog Europe will also soon be publishing his diaries on the infamous GR20 trek in Corsica, which partly follows the last journey of Austrian climbing legend and hero of his film, Florian von Liechtenstein.
"Florian's Last Climb" selected to screen at the 16mm Film Festival, India
"Florian's Last Climb" Nominated for Best Documentary at Long Story Shorts, Romania
"Florian's Last Climb" screened at the Bucharest ShortCut Cinefest, Romania
"Florian's Last Climb" selected to screen at the Mountain Festival of Poprad, Slovakia
"Florian's Last Climb" selected to screen at the Canal de Panama International Film Festival
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Тенгиз (Денгиз) (; ) е голямо горчиво-солено езеро в северната част на Казахстан (южната част на Акмолинска област и северозападната част на Карагандинска област).

Езерото Тенгиз заема част от дъното на обширната тектонска Тенгиз-Кургалджинска котловина, на 305 m н.в. в северозападната част на Казахската хълмиста земя. Площ от 1383 до 1590 km², дължина от североизток на югозапад 74,4 km, ширина до 40,2 km, дълбочина до 7,75 m. Северните, западните и южните му брегове са високи и стръмни с височина на места над 10 m, а източните са ниски, заблатени, силно разчленени, с множество заливи, полуострови и острови. На североизток има дълъг (над 40 km) и тесен, плитък залив. Дъното му е равно, покрито с черна лечебна тиня. Има предимно снежно подхранване. От изток в него се вливат големите реки Нура (само по време на пълноводие) и Куланотпес. В отделни, засушливи години значителна част от езерото пресъхва. Солеността му варира от 3 до 12,7‰, а в североизточния залив до 18,2‰. Замръзва през декември, а се размразява през април. Езерото Тенгиз, заедно с разположеното източно от него езеро Кургалджин попада в Кургалджинския национален резерват на Казахстан.

Източници

Езера в Казахстан


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Ashburton twins Hugh (left) and George Donaldson are off to the world under-21 water skiing championships in Canada. Photo Erin TaskerIf Hugh and George Donaldson can make a final when they take to the water at the world under-21 water skiing champs in Canada that will be a win in their books.
The 19-year-old Ashburton twins boarded a plane this week bound for Florida where they'll get back on the water and acclimatise to the warmer conditions before heading north to Edmonton in Canada for their latest tilt at a world title.
They know that they'll be up against it, because when it comes to world water skiing New Zealand is a small fish in a big pond, and to make a final they'll need to be top 12 after their single qualifying runs in slalom, tricks and jump.
New Zealand's team for the world under-21s consists of four young men, and for one of them to podium would be a massive feat. New Zealand has only once before claimed a medal at the worlds, but interestingly, it came at the same site in Canada where this year's under-21 worlds are being held.
It would be nice to continue their country's good run in Canada, but realistically, it would take something super special to do it against the best skiers from the other 21 countries taking part. So Hugh and George are both focused more on beating their personal bests, and helping New Zealand to a top 10 finish in terms of team scores.
Mum and dad Janeen and Neil will be there, taking in the action on the ski lane, as they have been for almost every tournament Hugh and George, and their older siblings Rachel, Lana and Karl before them, have been in.
They're a family with a rich water skiing history and the twins have been the top two in their age group in New Zealand since they were under-9s. They've never had a shortage of incentive, because there's always been a brother, a sister or a dad to beat, and that's helped to make them the skiers they are today.
Being twins, there's always been a friendly rivalry between them, and there's never been much separating them. At the moment there's just one buoy between them in slalom, 10cm between them in the jump and both have similar tricks runs.
Both Hugh and George rate jump as their favourite, and their best of the three events, and both have their sights on distances in excess of 50 metres in Canada. The current world under-21 record for jump is 66.9 metres.
They know that anything can happen on the day though.
"There's a small gap between a good jump and a bad one," Hugh said. At the nationals at Easter, Hugh finished second in the overall men's section, while George was fourth, and with the worlds in mind they were still on the water at Lake Crichton until Queen's Birthday weekend.
Since then they've been to Australia for four days of full-on coaching, and during the stop-off in Florida on the way to Canada they'll refine their skills with the help of a top Kiwi who is now a successful coach in the US, Kyle Ede. When they return to New Zealand it will be back to polytech in Christchurch, where Hugh is studying architecture technology and George is studying quantity surveying, and back to the gym to ensure they're at their best for their next big challenge – the open worlds in Malaysia in August.
The world under-21s in Canada is the first and last time the Donaldson twins will compete at that level. The under-21s are held every two years and they were selected for the event in the Ukraine two years ago, but did not end up making the trip, and now – at 19 – this is the last year they'll be eligible.
Hugh was a reserve for the New Zealand team for the world opens last time, but ended up being called in, while for George the trip to Malaysia in August will be his first open worlds.
Ashburton College Year 12 students Denielle De Leon (left) and Vhal Mamuad creating artwork on containers that will form the new reuse shop at the Ashburton Resource Recovery Park. Photo Sue NewmanThe creative work of a group of Ashburton College students will soon be brightening the landscape at the Ashburton Resource Recovery Park.
The park's reuse shop will shortly move into a new, albeit temporary, home, in several shipping containers and each container will be covered in works of art created by students.
Teacher Milly Brown has worked with her Year 12 art students to create a series of designs that are now close to completion.
It's been an inspirational project for the students, she said, and one that is exciting to watch unfold as each panel is completed.
Student Jane Cribb said the students had worked in groups on design work. Each container has four artworks – one each on its two long sides and one at each end.
"We planned it out on paper first, then coloured the designs in so they could be sent to the district council to be approved," she said.
With design work ticked off, the students 'went for it', Cribb said.
While most of the work is carried out in class time, several students have been working overtime to ensure their designs are completed by the end of June when the containers will be transported to the resource recovery park.
Paint for the project was donated by Bunnings and Mitre 10 and while that paint was suited to outdoor work, students were having to deal with the impact of rain or frost, Brown said.
The artworks attracted plenty of attention on campus, with several Year 11 and 13 students also volunteering to be part of the project.
By Sue Newman © The Ashburton Guardian - 20 June 2019
Among Mid Canterbury's top young talent battling it out at the weekend were (back row from left) Amelia Swan, Charlotte McKenzie, Jack Jones, (front row from left) Shania Harrison-Lee, Madison Tourle and Jack McIntosh. Photo Heather MackenzieThe Coronation Target Shooting Club's annual open championship on Sunday attracted a top field from around the South Island, but it was a young local who ended up shooting to the top.
The competition attracted 50 competitors from as far away as Oamaru and Nelson and Marlborough, and it was shot within grades – master, A, B, C and D – with each competitor completing three 10 shot matches for a possible total of 300.30.
Shania Harrison-Lee may have been one of the younger competitors, but that didn't hold her back, with the young local finishing the day as the master grade champion and the overall top 10 champion.
She was one of 18 Target Shooting Mid Canterbury members – which encompassed the Coronation and Phoenix clubs – taking part in the competition, including six first-season competitors who all performed well.
All up, 13 Target Shooting Mid Canterbury members were placed in the top six in their respective grades.
In the D grade, Mid Canterbury juniors were in fine form, with Charlotte McKenzie winning the D grade title, with Jack McIntosh second, Amelia Swan third, Madison Tourle fifth and Jack Jones sixth.
Coronation's open championship took place in the heat of the South Island qualifying season, with the South Island selectors set to name their teams for the annual national shoot – the North versus South shoot which would this year be held in Wellington in August – in just over two weeks.
That competition will double as the New Zealand team selection match and a number of Target Shooting Mid Canterbury members were currently in a position to earn national honours.
Harrison-Lee is no stranger to representative honours in the indoor version of the sport, but she had also recently been named in the New Zealand women's 50m prone team to compete at the Oceania Games in Australia in November.
She was also one of a number of Mid Canterbury shooters who claimed a top six finish at the Canterbury Championships on Saturday.
Strong finish not enough for Combined side
Taonga taking his talents Stateside - Taonga Mbambo
South Island title in their sights - Squash with current and past pupils
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A Brief History of Workers Compensation
Workers compensation has been one of the oldest insurance programs in the United States dating back to the early 1900's. It provides monetary compensation to the employee for work-related injuries or illnesses. In the event of such injury or illness, workers compensation pays the medical expenses, income loss due to disability, and death & survivor benefits.
Today, all state governments require employers to carry workers compensation to protect their employees. It is a far more effective system for remedy than the process of litigation exercised prior to the establishment of workers compensation. Before the nineteenth century, most workers had no insurance coverage for injuries while on-the-job. This started becoming a larger issue during industrialization as the increase in number of factory workers correlated with an increase in job-related injuries. During these times, workers could only recover damages by suing their employers for negligence, claiming breach of common law obligations. These were the duties of the employer to the employees to provide a safe working environment, warning the employees of risks the job entails, hiring competent coworkers, providing safe working equipment, and imposing safety rules.
Although the employees could obtain restitution in court for their injuries, the process of litigation was often unfavorable. Lawsuits were not only tedious and drawn out, but also expensive. Furthermore, employers were often able to escape liability and avoid paying compensation to the injured workers through the use of certain defenses, such as the contributory negligence defense. This defense removed the worker's right to collect compensation if they had in any way caused or contributed to their own injuries. All these obstacles made it very difficult for employees to recover. The solution was the creation of workers' compensation.
The establishment of workers compensation eliminated many of the problems of the past. Workers are entitled to recovery for injuries or diseases as long as they were related to the job. Workers' compensation follows a no-fault system, meaning that the employer is liable to any work-related injury regardless of fault or negligence. In turn, workers' compensation is the employees' exclusive remedy; this is the only method of claiming compensation for job-related injuries. Employees cannot sue the employer for such injuries under normal circumstances. Even though each state differs slightly from each other, the purpose of workers' compensation is ultimately the same. It provides a definite compensation and helps the employee recover faster and more efficiently with minimal damage to business.
Written By Kevin Chang,
Edited by William F. Schaake, CIC, CRM of Group Coverage, Inc. ©2010
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Phoenix man fatally shoots wife and infant daughter because he had a 'deal with a spirit': Police
10/06/2021 12:29 pm PDT
James Mouton III
PHOENIX (TCD) -- A 34-year-old man was arrested Monday after he allegedly went to his estranged wife's house and fatally shot her and their 11-month-old daughter.
According to Phoenix Police, Louis Mouton III went to Lanae Mouton's residence on 83rd Avenue to reportedly talk about their relationship. They spoke outside and Lanae reportedly went back inside. Phoenix Police say Louis kicked in the door and "fired several shots."
Lanae and their infant daughter Ava were hit and subsequently transported to a nearby hospital. They were pronounced dead at the hospital, Phoenix Police said.
Louis was still at the residence when Phoenix Police arrived, and he was arrested. Maricopa County Jail records show Louis Mouton was charged with two counts of first-degree murder and one count of criminal trespass and burglary.
KNXV-TV reports Mouton told police he wanted to kill himself but didn't have any cartridges left in his gun. He also reportedly did not remember parts of the evening.
According to KSAZ-TV, which cites court documents, Mouton told investigators he had schizophrenia and was "frequently possessed" by spirits and aliens, and they "used his body to do actions he could not control."
Mouton reportedly told police he "made a deal with a spirit" that meant he and his wife could be together forever, though they would both have to die. According to the court documents, their daughter was not supposed to die because she was not involved in the deal.
KSAZ reports Mouton's bail was set at $2 million.
Police update after mother and baby killed by father in Phoenix - ABC15 Facebook
PD: Mother, baby dead after domestic violence-related shooting in Phoenix - KNXV
Phoenix father kills family because of a 'deal with a spirit,' documents say - KSAZ
Maricopa County Jail records
#Phoenix
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North Carolina mom charged with abuse, murder of 4-month-old baby; other infants injured
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Florida man allegedly pulls out gun because his Wingstop order wasn't ready
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Missouri man who raped multiple underage girls he met on Snapchat gets 16 life sentences
Ore. man on the run after allegedly 'intentionally torturing' woman found unconscious


Driving Under the Influence is a serious crime with potentially lifelong repercussions. If you have been charged with a DUI in Alhambra California your next step is to call a talented DUI attorney who has defended others in your situation before.
After you have been charged with a DUI, your first step should be to retain experienced legal representation to defend you. No matter if the case against you appears hopeless, this attorney can lay out your options so you can make the wisest choice for your situation. Alhambra, California DUI lawyers are ready and waiting to answer any questions you may have about your situation.


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Q: XNA 3D/WP7 point light without custom shader I'm wondering if it is possible to create a point light in XNA without writing a custom shader (because WP7 doesn't support this) using only directional light from the basic effect.
Has anyone tried this before?

A: It is possible, but it will not cast shadow.
The light can be created in BasicEffect, by editing DirectionalLight# propriety.
You can also use BasicEffect.enableDefaultLightning() in order to rapidly create a light.

redpajama_set_name: RedPajamaStackExchange


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Building A Better Future For Our Children
In May 2015, following the decisive loss of the Benson Public School's levy referendum we wrote, "Goodwill, low negatives, and
a good initial impression are necessary to win over voters, but so is a well prepared and thought out presentation of the value of what you are offering the voter for his or her support." All of those essentials were missing in 2015.
What we see now, as do many in the community, is a complete turnaround with things done right. People who were adamantly opposed to the $18.7 million building levy referendum in 2015 are enthusiastically supportive of the new $26.3 million proposal.
The Injustice of Zero Tolerance
Publisher's note: There are times when we feel strongly about an issue, but find someone who is more articulate, more persuasive, and carries far more weight with the words they write than we could ever hope to acheive. This is one of those times, so we will let former First Lady Laura Bush, wife of former Republican President George W. Bush, speak to our readers.
Separating children from their parents at the border 'breaks my heart'
by Laura Bush
Water Wars On the Horizon
Today's U.S. Drought Monitor shows a growing area of deep brown covering portions of New Mexico, Arizona, Colorado and Utah. It indicates an area suffering an exceptional drought – the worst possible. Spots of brown also appear in Oklahoma, west Texas and southwest Kansas.
Areas suffering an exceptional drought experience water emergencies, water rationing, the loss of cropland and pastures. They see streams and small bodies of water drying up. Their reservoirs fall to dangerous levels. Wildfires become a persistent hazard. Livestock herds have to be reduced or sold off.
Surrounding the brown areas is an even larger area of deep red indicating extreme drought conditions. Farmers in these areas also find it impossible to grow crops. There are widespread water shortages; surface waters are disappearing.
A Growing Distortion In America's Politics
As America becomes more urban and rural areas are unsettled, a growing disparity in our nation's power structure is becoming more evident with each passing year. It is a disparity that has profound meaning for how this country governs itself; an imbalance that lends excessive power to an increasingly small percentage of our citizens.
It is an inequality that gives an outsized voice to a conservative, rural minority that at times can thwart the will of the vast majority of Americans.
What is this mechanism that so distorts the will of Americans? It is a part of our national Constitution adopted in 1787 – the establishment of the U.S. Senate based on statehood rather than population.
An Opportunity And A Challenge
We read two stories this past week that seem at odds with each other.
Minneapolis, the state's biggest city, is growing at its fastest pace since 1950. Renting an apartment, or buying a house, is getting increasingly difficult because supply isn't meeting the demand of newcomers, Greta Kaul of MinnPost writes.
"Between 1940 and 1950, Minneapolis added more than 29,000 people, an increase of 6 percent, according to U.S. Census data. By 2020, the Metropolitan Council projects that Minneapolis will have added about 40,000 residents since 2010, an increase of more than 10 percent," she reports.
Minneapolis' population is nearing 420,000 while St. Paul's is over 305,000. The Twin Cities area is over 3 million people and contains over half the state's population of around 5.52 million.
Are We A Less Thoughtful Society
Are we a less thoughtful, less civil society today than we used to be? Does the well-being of our neighbors matter little? Does our entertainment trump their peace of mind?
We would, unfortunately, have to answer that, "Yes, we are a less civilized society than we once were. We are much more self-absorbed, thoughtless individuals than existed a generation or two ago."
It is surprising how much profanity we hear in public places these days. It doesn't matter who is sitting at the next table – families with young children, a group of senior women out together, the minister from the local church, or "just plain old" folks from the community.
One of the common complaints you find in today's City of Benson Police reports has to do with loud noise – music blaring away in someone's house or apartment, or outside. Music thumping through the walls. Music blasting through the neighborhood.
Our Community Is Looking For Leaders
People seeking election to the U.S. Senate, the U.S. House of Representatives, the state's governorship, and the Minnesota House will be filing for election this coming Tuesday in hopes of winning election in November. But in many ways, those who seek to hold office in St. Paul or Washington, D.C., are not the ones whose actions will have the most significant impact on the future health and success of our community.
Rather it is those who will be filing for the Swift County Board of Commissioners, the Benson City Council, and the District 777 Board of Education who will most directly have a say on the quality and accessibility of our health care, the excellence or mediocrity of our school academic and athletic programs, the providing of local services, and the future economic successes or failures of our area.
It is these leaders who will shape policy, property tax levies, and oversee the performance of the administrative leaders of our local governments.
For Taxpayers, Local Governments Are Connected
We've heard a few comments lately from Swift County public officials that have given us the distinct impression they believe that each of the taxing units to which we pay real estate taxes stands alone in the voter's mind.
Further, their conclusion seems to be that each public body should have little concern for what the other is doing as far as raising taxes.
"On an editorial note, I don't see any members of the Benson School Board here, but we will try to make decisions as we can on our own," Swift County Commission Chairman Eric Rudningen said with a chuckle at the start of the board's May 1 meeting.
In a conversation we had about our concerns that a proposed new county building levy now could hurt the Benson Public School's chances to pass its levy, a county official asked us what concern that was of the county?
Rudningen's editorial comment was a direct reference to a column we had written back in late April.
Europe Union Acts To Protect Its Pollinators
With increasing anxiety, we've read stories over the past years about the beehive colony collapses, the die-off of large numbers of bees of all kinds in the wild, and the threat to the future of many of our pollinators.
Why the anxiety?
A study by the European Union found that these pollinators, some wild, some commercially kept, are responsible for the development of plants that "provide almost all vitamin C, vitamin A and other micronutrients such as carotenoids, calcium, fluoride, folic acid and several antioxidants in human diets."
According to the Foundation for Food and Agricultural Research, "Insect pollinators contribute an estimated $24 billion to the U.S. economy annually. Honey bees specifically pollinate about 100 crops in the United States."
What is killing off our pollinators and threatening our food supply? There are two primary culprits in this assault, one natural, one man-made.
'Snowbirds' Crucial to Keeping Congressional Seat
In just two years, the federal government will be conducting its decennial Census – a head count of everyone living in America. Based on the data it collects, it will assign the 435 House of Representative seats to states based on their population, working to ensure that each district has nearly the same number of people.
Minnesota demographic officials fear we could come out on the short end of the count and lose one of our eight seats for the 2022 elections.
Minnesota is growing, just not as fast as Texas, Florida, North Carolina, Oregon, Montana, Colorado or Arizona. Each of those states is projected to pick up a seat.
Minnesota, along with seven others, is likely to lose one.
Should Minnesota lose a congressional district, we probably won't be seeing a lot of our representative.


New processes to simplify the NHS research set up process and cut delays will be implemented this year.
In some cases there can be a difference of up to nine months between each hospital taking part in a multi-site trial being confirmed, which delays the start of that trial which could be for cancer or dementia research.
NHS England, working with the National Institute for Health Research, Health Research Authority and NHS Improvement, will introduce new arrangements to eliminate variation and delays in set up and reporting for commercial contract research and ensure the process for reimbursements for excess treatment costs in non commercial research are simplified and streamlined.
As a result patients will benefit from quicker access to trials and the NHS will become a more attractive place to undertake research.
Dr Sam Roberts, director for innovation and life sciences at NHS England, said: "The NHS has a long history of scientific breakthroughs and, in the NHS's 70th year, we are committed to breaking down the barriers clinicians face when trying to set up new research projects.
Sponsors of commercial contact research currently face uncertainties and delays in site set up. The new arrangements will standardise the processes to introduce greater certainty and reduce administrative costs for both NHS providers and commercial sponsors for the first time in the NHS. Patients will benefit from quicker access to trials and the NHS will become a more attractive place to undertake research.
For excess treatment costs associated with non commercial research we are streamlining processes for their reimbursement moving to a consistent process across England with a single point of access and utilising the existing expertise in the system. The new model will address the frustrations currently experienced by researchers, commissioners and providers due to the complexity and variation of current processes.
The proposals were subject to a public consultation earlier this year which indicated strong support for the changes that were outlined. We have listened to our stakeholders and their feedback has shaped the original proposals into the plans for delivery we have outlined today.
The new arrangements are the first part of a wider set of commitments, 'Twelve actions to support and apply research in the NHS' that NHS England and NIHR made in November.
Peter Ellingworth, chief executive of The Association of British Healthcare Industries (ABHI), said: "We must find better ways of adopting innovation, and research is a critical part of this process. By simplifying the landscape, and crucially, speeding up the process in which research is set up, everyone benefits.
Nick Kirby, managing director of the Shelford Group, said: "Across the Shelford Group our research and clinical teams have been successful in accelerating the growth in clinical trials over recent years. This helps provide patients with access to the latest treatments and makes an important contribution to the evidence base for future healthcare innovations.
Aisling Burnand MBE, chief executive of the Association of Medical Research Charities (AMRC), said: "We welcome NHS England's response to this consultation to simplify arrangements for research in the NHS. This represents an opportunity for NHS England and the charity sector to come together to support high quality research that patients want and need.
"AMRC members invest significant amounts of funding on research in the NHS and it's important that the voice of the charity sector is heard in these discussions.
"There is much to be resolved, including the Excess Treatment Cost (ETC) absorption thresholds and the rate at which CCGs pay into centralised funds. This response outlines an initial 'mark in the sand' for these rates but the paucity of data to quantify ETCs requires these levels to be kept under review.
The full consultation response has been published on the NHS England website here.


text:
Q: Small Java app performance I have a program for my CS class and i need to cut the runtime down by a lot when i get big inputs.
Here is the code
import java.util.Scanner;
import java.util.ArrayList;

public class Main{
    public static void main (String[] args){

    Scanner input = new Scanner(System.in);

    int hours = 12;
    int minutes = 00;

    int count = 0;

    int d = input.nextInt();

    for(int i = 0; i < d; i++){
        minutes++;
        if(minutes >= 60){
            hours++;
            hours = hours % 12;
            minutes = 0;
        }

        String formatNull = "";
        String hourFormat = "";

        if(minutes < 10){
            formatNull = "0";
        }

        if(hours < 10)
            hourFormat = "0";

        String finalTimeString = hourFormat + hours + ":" + formatNull + minutes;

        if(isSequence(finalTimeString)){
            count += 1;

        }

    }

    System.out.println(count);

}

public static boolean isSequence(String time){

    String firstDig = time.split(":")[0];
    String secondDig = time.split(":")[1];

    ArrayList<Integer > foo = new ArrayList<Integer>();

    if(firstDig.length() >= 2){
 if(firstDig.charAt(0) != '0'){
        foo.add(Integer.parseInt(String.valueOf(firstDig.charAt(0))));
    }   foo.add(Integer.parseInt(String.valueOf(firstDig.charAt(1))));
    }

    if(secondDig.length() >= 2){
        foo.add(Integer.parseInt(String.valueOf(secondDig.charAt(0))));
        foo.add(Integer.parseInt(String.valueOf(secondDig.charAt(1))));
    }

    ArrayList<Integer> bar = new ArrayList<Integer>();

    int prev = foo.get(0);

    for(int i = 1; i < foo.size(); i++){

     bar.add(foo.get(i) - prev);
        prev = foo.get(i);
     }

    boolean isDiff = false;

    int prevDifference = bar.get(0);

    for(int i = 1; i < bar.size(); i++){
        if(prevDifference == bar.get(i)){

        }else{

            isDiff = true;

        }

        prevDifference = bar.get(i);

    }

    return !isDiff;

}

}
I can't get anything over 0.8 seconds and right now im hitting 2.0 seconds. If anyone could suggest anything it would be great. Cheers.
//update so i think i formatted the code properly now. This program takes an input in minutes, adds it to 12 o clock and counts how many special times there are. A special time is for example : 12:43, 02:46 (essentially a time where the digits have a common difference);

A: A few things I notice right away:
First, you're calling isSequence in a loop. isSequence itself has two loops. Thus, this algorithm is O(d * (foo.size() + bar.size()). In fact, we could actually say that it's Theta(d * (foo.size() + bar.size()) (i.e. always exactly that complexity) since there's not really a possibility of it taking fewer than d * (foo.size() + bar.size()) steps. (For the record, yes, I do realize that I'm not being strictly accurate with the notation because multiples of n just reduce to n, but I think writing it out that way is useful). This is probably one of the major reasons it's slow for large inputs. You may want to think about ways to try to reduce that.
My point in mentioning that is that there's only so much you can do in terms of code optimization if your underlying algorithm's computational complexity is too high.
Secondly, as an optimization:
for(int i = 1; i < bar.size(); i++){
    if(prevDifference == bar.get(i)){
       // You don't actually do anything here
    }else{
        // Why not break out the loop here? There's no possibility of this
        // becoming false later. That could save you some steps.
        isDiff = true;
    }

    prevDifference = bar.get(i);
}

Finally, why can't you combine your for loops in isSequence?

A: Disclaimer:  As far as I can tell, your code is currently giving the wrong answer.  You need to fix that.  But you asked about how to make it run faster, not how to fix it, so that's what I'm answering.
You're doing a lot of String formatting and parsing, and a lot of it is in your main loop.  How many times are you going from String to int and int to String?  All that converting back and forth is slowing things down significantly.
If your minutes are 2 digits, you can get the last digit with minutes % 10.  You can get the first digit with minutes / 10.  Same thing with the hours.  No String parsing required.  This is already enough to take the time down below what is required.
But there's something else you can do that's even better.  Instead of having your code run in O(n) time, you can make it run in what is effectively O(1) time.  Yes, you read that correctly.  For large n, you can make this run in constant time.
Note that there are only so many possible combinations of hours and minutes in a day.  If you're using 12 hour time, then 12*60 = 720.  You can take advantage of this.  All you need to process is the answer for 720, and the answer for n % 720, and then do a little math.  answer(n) is answer(720) * n/720 + answer(n % 720).  Using this, you can more or less instantly calculate any value up to 2147483647.  Heck, if you used long instead of int, you could more or less instantly calculate any value up to 9223372036854775807.  (Think about it - the answer for 72000000 is going to be exactly 100000 times the answer for 720, because the same numbers are just repeating, so why bother looping 72000000 times?)


text:
Filmmaker in Elmira NY Turns Camera on Corruption
Filmmaker and activist William Windsor is a man on a mission, and that mission brought him to Elmira on Thursday as he seeks to battle what he calls 14 categories of corruption.
"Our challenge is to educate and reach a million-plus people," said Windsor, who started June 14 on a 143-day trip through all 50 states to work on "Lawless America – The Movie."
Through the project, he is recording the stories of people who say they are victims of judicial and governmental corruption.
"The name 'Lawless America' was developed not to say our country is lawless or that we have a lot of lawless people," he said.
"It's to say that we have laws and they aren't enforced, and we have people who are supposed to enforce the law and they don't do the right thing, so they're lawless. The judges change the law at a moment's notice."
The subject of his stop in Elmira was Sara Harvey of Horseheads, who claims Chemung County is guilty of guardianship abuse.
Her husband, Gary Harvey, suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of basement stairs in January 2006. He remains in a persistent vegetative state.
She had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.
"I want my husband back. I want to expose the corruption of the courts," Sara Harvey said Thursday. The attorneys involved represent the guardian, the hospital and the county, she said.
"There's nobody there to protect my husband."
Filmmaker in Elmira Turns Camera on Corruption
Lawless America Films Sara Harvey
I'm Sick of the Gary Harvey Case - Time to Move On
NASGA: Gary Harvey, NY Victim
For more information on "Lawless America" and Mr. Windsor's filming itinery:
LawlessAmerica.com
Labels: Gary Harvey, Lawless America, Movie, New York
Lawless America - The Movie
Bill Windsor is traveling to all 50 states by car in an effort to save America with the help of over 750 victims of judicial corruption, law enforcement abuse, and government corruption.
YouTube: Lawless Amercia Movie Update
Labels: Discipline, Lawless America, Movie, Video
AZ: Health-Care Workers Arrested in Two Separate Elder-Abuse Cases
Two women in the health-care industry have been arrested separately in the last two days on suspicion of abusing elderly dementia patients they had been hired to care for, officials say.
Jennifer Lopshire, 44, was booked into the Pima County jail on one count of vulnerable adult abuse Monday evening and was being held on $5,000 bail.
Shanna Harper, 36, was arrested Tuesday morning on suspicion of fraud and theft/exploitation of a vulnerable adult. Her bond had not yet been set.
The Veterans Administration hired Lopshire to help care for a 91-year-old Tucson man two years ago, said Assistant Arizona Attorney General Jesse Delaney.
A short time later, the man's daughter, who lives in Minnesota, hired Lopshire to also take care of her 88-year-old mother who uses a wheelchair. The woman requires 24-hour care because of Alzheimer's disease, diabetes and Parkinson's.
The couple were living in an assisted living facility until last year when Lopshire placed the man into a care facility and rented the woman an apartment, Delaney said.
On June 7, one of the woman's other caregivers called 911 to report the woman's mouth was swollen, bruised and cut on one side and that the woman had told her Lopshire caused the injuries when she "lost her temper."
Investigators are combing through the victim's financial records to determine if additional charges are warranted, Delaney said. Other allegations of physical abuse are also being investigated, she said.
Lopshire's preliminary hearing is scheduled for next week.
Health-Care Workers Arrested in Separate Elder-Abuse Cases
Labels: Arizona, Caregiving
"Lawless America" Films Sara Harvey
A documentary film maker says he stopped in Elmira, Thursday, to as he said "Expose injustice within the Chemung County Court System and St. Joseph's Hospital".
Windsor says his film "Lawless America" is a collection of stories similar to the Harvey's aimed to expose these injustices.
Windsor said, "She's concerned with his well being. How can you be concerned with someone's well being and people outside your family take away your rights. I mean it just doesn't work."
Film-Maker Stops in Elmira to Expose Injustices
Guma Aguiar's Fortune Now Controlled by Lawyer
Ever since Guma Aguiar disappeared at sea, his mother and her fiancé have been trying to gain control of his many millions in assets, scattered across the U.S. and Israel in the form of cash and investments.
The mother, Ellen Aguiar, petitioned a Broward County Court to make her a conservator of his fortunes. In a hearing yesterday, the judge asked her to step aside for the moment, appointing a local lawyer as conservator: Thomas F. Panza.
There are other big-name players in town who have been drawn into this case by the wide reach of Aguiar's money. Ilene Lieberman, a Broward County commissioner who last year saw prosecutorial immunity for assisting in corruption cases against her peers, has been listed as an attorney for Ellen Aguiar, although Lieberman has not responded to a request for details.
Ellen, meanwhile, is represented by powerful Miami attorney Richard Baron as she tries to keep his U.S. assets as well as an estimated $40 million in Israel out of the hands of his wife, Jamie Aguiar. The probate case is proceeding with Guma listed as a "decedent," on the assumption that he's no longer alive.
Guma Aguiar's Assets Now Controlled by Ken Jenne's Old Pal Thomas F. Panza
Missing Florida Millionaire May Be Alive and 'Suffering From Pyschosis'
Labels: Florida, Lawyer
Missouri Legislation Strengthens Senior Protections
Gov. Jay Nixon signed legislation Wednesday intended to strengthen protections for elderly and disabled Missourians against financial exploitation.
Missouri already has a law that makes it a crime to take financial advantage of an elderly or disabled person through deception, intimidation or force. However, officials say it has been difficult for prosecutors to prove cases of financial exploitation when the perpetrator has guardianship or power of attorney.
Under the newly approved law, it now will be a crime to use "undue influence" to exploit someone's "vulnerable state of mind, neediness, pain or agony." That specifically could be applied to instances of improper or fraudulent use of power of attorney, guardianship, conservatorship or other fiduciary authority.
Labels: Governor, Legislation, Missouri
Will Arizona Supreme Court 'Hear' Penniless Old Lady?
The elderly woman can barely speak yet she was heard in the state's highest circles, or so I hoped.
"I live in the real world," Arizona Supreme Court Chief Justice Rebecca White Berch told me, in 2010."I've read your columns. They cause concern and I just think that any system, it's a good idea to take a look at all of your processes and make sure things are working the way they're supposed to work."
Marie Long's story prompted both court and legislative reviews of Arizona's probate court system. As a result, important changes were made, changes designed to ensure that the most vulnerable among us are protected rather than processed into the poorhouse.
But all of those vaunted reforms did nothing for Marie, who was left penniless by the system that was supposed to protect her.
Two courts have said that the probate commissioner overseeing Marie's estate acted unethically and that the court-sanctioned siphoning of her bank account was "inexcusable".
They just didn't do anything about it.
Now Marie has one final chance for a fair hearing. The state Supreme Court has been asked to review what happened to the 90-year-old widow and decide whether she will get at least an opportunity to get a little of her money back.
"The idea that Marie is on welfare, doesn't have the money to go out to lunch with her lady friends, or to get her teeth fixed, or to buy a new hat to wear to church, is just outrageous," said attorney Candess Hunter, who along with Isabel Humphrey is volunteering her services to appeal Marie's case.
Marie came under the "protection" of probate in 2005, after suffering a stroke and then a family dispute, over where and how she would live.
By 2009, her $1.3 million in assets were gone, much of it sucked up by attorneys and fiduciaries under the not-so-watchful eye of Commissioner Lindsay Ellis.
In March 2010, Ellis ruled that those attorneys and fiduciaries were justified in helping themselves to nearly $840,000 for three years' work. Her 21-page ruling lambasted Marie's lawyers, people who for years had been working for free. Ellis wrote that their "venomous" attacks challenging the six-figure bills forced the fiduciaries and lawyers on the other side to defend themselves.
With Marie's money, naturally.
Two months after Ellis' ruling, we learned that Ellis had had her judicial assistant send an advance copy of her decision to select attorneys – the ones who wound up with Marie's money – and that one of the lawyers replied that she "could not be happier."
I suppose not. Attorney Brenda Church's law firms collected nearly $324,000 from Marie.
Such e-mails between a judge and one side in a contested case are called ex-parte communications and they're supposed to be a big no-no. Turns out they're more like a wink-wink-nod-nod.
Will Arizona Supreme Court "Hear" Penniless Old Lady?
Marie Long, One Step Away From Getting Her Wish
CBS: Guardianship Agency Cost Elderly Woman Dearly
Labels: Arizona, Supreme Court
MI: Audit Flags Courts for not Doing Background Checks on Conservators, Guardians
Probate courts in Michigan do not always order background checks on people appointed to make financial and medical decisions for seniors, children and other wards who cannot care for themselves, a state audit has found.
Of 76 probate courts that responded to auditors' survey, 34 - or 45 percent - did not do criminal history checks on conservators, guardians or their families before naming them. Forty-six, or 61 percent, did not do sex offender checks.
The audit, released Thursday, said while doing background checks before and after appointments is not required under state law, it is a "sound business practice" favored by the AARP, an advocacy group for seniors.
Auditor General Thomas McTavish recommended that the Michigan Supreme Court's administrative arm provide guidance to probate judges on doing background checks of potential conservators and guardians.
Audit Flags courts for not Doing Background Checks on Conservators, Guardians
Labels: Michigan
Former Conservator Clerk Sentenced for Theft
A man who worked for Tuscaloosa County's former conservator has been sentenced to serve two years in prison for stealing from a patient with dementia.
Brian Lunceford, 30, worked for Zondra Hutto, the attorney who was appointed to manage the finances of the elderly victim. Lunceford pleaded guilty to charges that he used the woman's money to pay for a trip to Riveria Maya, Mexico, for Hutto and himself.
A federal judge on Friday ordered him to serve 10 months in prison for fraudulent use of a credit card and 24 months for aggravated identity theft. U.S. District Judge Lynwood Smith ordered him to report to prison Aug. 27. The sentences will be served at the same time.
Former Law Clerk Sentenced in Theft
Audits Show Alabama Conservator Zondra Hutto Mismanaged Ward's Cases
Labels: Alabama, Federal
FBI Probes $17 Million Missing From Santa Clara County Trusts
The FBI is investigating how $17.3 million has vanished from the trust funds of dozens of people who relied on a Silicon Valley money manager to oversee their life savings.
A love betrayed and an alleged embezzlement scheme are emerging as the storylines behind this latest chapter exposing he vulnerability of trust funds and estates.
Santa Clara County probate court records show the case centers on the office of Christine Backhouse, who administers more than $104 million in assets -- and lacked sufficient insurance to make up for the theft.
While she is responsible for the money, Backhouse claims she was the victim of an unscrupulous boyfriend who, court records allege, secretly wired millions of dollars out of the trusts.
The scandal is unfolding shortly after this newspaper published "Loss of Trust," an investigation that revealed how some of Santa Clara County's estate and care managers charge exorbitant fees to handle the money and affairs of dependent adults under the probate court's watch.
The vast majority of Backhouse's cases were private arrangements with no judicial oversight of either her fees for service, or the process by which the Campbell money manager accounted for and invested her clients' funds.
But taken together, both examples underscore the vulnerability of elderly and often incapacitated people who rely on private business people to oversee their assets.
Labels: California, Embezzlement, FBI, Loss of Trust
The Age-Old Dilemma: Mandated Administration for Psychotropic Medication for Wards
American law allows certain individuals-guardians-to exercise dominion over others-wards or incapacitated persons ("IPs")-in some circumstances.' This kind of control is permissible and often necessary because the IP is unable to perform certain tasks.
The guardian's decision-making may fulfill many needs of the IP,such as well-reasoned decisions involving investments, day-to-day activities, and medical choices.
Depending on the state statutory and common law, a guardian may be given the right to make medical decisions for the IP.2 This right may include the ability to consent to psychotropic medications for the IP, even when the IP pronounces her will not to take them.
This ability of a guardian to consent to the administration of psychotropic medications for her ward has been a source of controversy in New York.4 It seems obvious that New York's legislature intended that guardians have the ability to consent, as this right is expressly given in the Mental Hygiene Law.5 Nevertheless, the issue has arisen in New York State courts. Further complicating the issue, various jurisdictions have ruled differently on whether a guardian has the right to so consent.6 Within the Second Department alone, there are two contradictory Supreme Court decisions.
The legislature has made it clear through its enactment of Mental Hygiene Law sections 81.22(a)(8) and 81.01 that it intended a guardian's potential powers to include the power to consent to administration of psychotropic medication.8 The New York Court of Appeals should give credence to the legislative statute, and hold that in certain circumstances, guardians can be given the right to consent to psychotropic medication for their IPs. This right of a guardian should not be unlimited, but it must be among the rights that a court can bestow, in order to best protect the IP.
Full Paper and Source:
Labels: New York, Psychiatric Drugs
Cleveland Forum on Financial Exploitation of the Elderly
The head of the Consumer Financial Protection Bureau's effort to protect older Americans will speak in Cleveland next week.
Hubert "Skip" Humphrey III will give the keynote speech at a free forum on financial abuse and the elderly.
The forum explore ways that the professionals who come into contact with senior citizens can help protect them, said Richard Browdie, president of the Benjamin Rose Institute on Aging.
With the passage of the Elder Justice Act (which was tucked into the federal health care reform bill) and the establishment of the CFPB's Office of Older Americans, Browdie said it seemed like a good time to put bankers, social workers, financial planners and lawyers together to talk about the financial exploitation of seniors.
"Because the financial marketplace has become more complicated, the intervention is more complicated," Browdie said.
The forum, "Financial Protection for Older Adults," runs from 1 to 4:30 p.m. July 25 at the Hilton Garden Inn, 1100 Carnegie Ave., Cleveland. It includes sessions on reverse mortgages, medical fraud and financial exploitation.
Labels: Ohio, Program/Seminar
California Legislator Jim Beall Wants Conservator Fees Capped Throughout State
A California lawmaker on Tuesday joined a chorus of outrage over exorbitant fees depleting the life savings of elderly and disabled adults in Santa Clara County, calling for new state rules to cap what court-appointed estate managers can charge for their service.
Assemblyman Jim Beall, D-San Jose, said "immediate" action is also needed to stop conservators and trustees from billing an incapacitated adult's estate thousands of dollars more to defend their own fees in court.
Beall's call for statewide change comes a day after Santa Clara County's top judges vowed reforms to rein in fees following an investigation by this newspaper. "Loss of Trust" uncovered how some court-appointed conservators are charging hourly rates up to $250, double what most courts allow. The newspaper's series this week found six-figure annual bills eating into the trusts of elderly and disabled adults who have no family or friends to care for their finances and daily needs.
Reading of the cases "just made me sick," said Beall, who has a developmentally disabled adult with a special-needs trust in his family. "We need to limit these rates and set up some parameters so we don't have people's life savings or their family's life savings drained away."
"Loss of Trust'' highlighted conservators and their attorneys charging extraordinary fees: A Portola Valley man's estate was billed $258,000 in a year, money he hoped to leave his mentally ill daughter; a Belmont dementia patient was charged $1,062 for the 8.5 hours that her conservator spent purchasing a gift and celebrating the woman's birthday.
Beall's office on Tuesday contacted the state's Judicial Council in his efforts to adopt statewide rules to cap court-overseen professionals' hourly rates. He said he will also pursue legislation in the fall to change a state law that holds the estates of dependent adults responsible for paying both sides of any legal fight arising from fee disputes.
California Legislator Wants Conservator Fees Capped Throughout State
The Mercury News' "Loss of Trust" Series (Anchor article)
Labels: California, Legislation, Loss of Trust
Why Every Court Needs Guardian/Conservator Fee Guidelines
Over the last several years, I have watched the media highlight stories of financial exploitation by a guardian or conservator, all occurring under the watch of a probate court. While in some cases, the issue was one of outright theft, the vast majority of complaints appear to be around the issue of excessive fees that quickly diminish the estate of the protected person. Media attention has led to significant conservatorship reforms in several states (see our State Task Force Activities section).
In Nebraska, the Supreme Court launched a review committee to make recommendations on guardianship and conservatorship reform. The committee was created following a 2010 series of articles in the Omaha World Herald documenting multiple cases of theft by a court-appointed guardian-conservator.
In Arizona, the Supreme Court's Committee on Improving Judicial Oversight and Processing of Probate Matters released a Final Report advocating major reform of their guardianship system. The Committee was created in 2011, following a series of Arizona Republic stories detailing the stories of several people who lost much of their estates to attorneys and fiduciaries appointed to protect them.
This week, the San Jose Mercury News ran a three-part series focusing on "excessive" conservator fees in the Santa Clara County Probate Court. The media posting includes a video (Loss of Trust) highlighting the case of Denny Reed, a 37-year old man who lost the majority of his estate after being placed under a court-appointed trustee. By the court's own admission, it does not have fee guidelines that could be used to rein in the fees charged by conservators and trustees. To the court's credit, it is working diligently to develop guidelines and processes to protect the estates of protected persons. In my experience, the lack of fee guidelines in probate courts is not unique to Santa Clara. In fact, I hazard to guess that the vast majority of courts that oversee guardianships and conservatorships do not have established fee guidelines or fee caps. No court wants to be in Santa Clara's shoes—yet it is a real possibility for many.
Rather than dwell on the underlying issues that have hampered conservatorship monitoring and the establishment of appropriate fees and services, this is an opportunity to present some of the more typical ways in which courts set fee structures (see our section on Fees and Services for a more thorough discussion.) Generally, courts tend to rely on several approaches when setting fee guidelines:
1.Courts have set hourly rates for guardians/conservators—often relying on a fee workgroup and local surveys as the basis for pay scales. For instance, Florida's 13th Judicial Circuit has a Guardian Fee Workgroup that used a statewide fee survey to establish pay scales, based on level of experience.
2.In combination with fee rates, service caps have been put in place to ensure that excessive hours are not billed for routine tasks. For example, the Florida court cited above limits billable guardian duties to two hours of bill paying per month. Texas's Travis County Probate Court took a similar approach in its Standards for Court Approval of Attorney Fee Applications. The Standards outline court-approved fees and provides guidelines for specific types of charges, including travel, legal research, preparation of fee applications, conversations with court and clerk staff, copies and faxes, and deliveries.
3.Some courts allow fees to be based on the percentage of assets or income. For example, the Superior Court of California, County of San Francisco, Uniform Local Rules of Court (Rule 14) allows fees to be based on hourly rates with supporting time record, or fees may be requested based upon a guideline of 1% of the fair market value of assets at the end of the accounting period or 6% of income, in the Court's discretion.
Labels: Arizona, California, Nebraska
Santa Clara County Judges Vow Limits on Conservator Fees Within Weeks
With Santa Clara County's top judges promising reform, advocates for the elderly and local probate attorneys on Monday called for swift action to stop court-appointed estate and care managers from charging excessive fees to the dependent adults they serve.
The reaction comes after "Loss of Trust," a two-day series in this newspaper, highlighted cases of private conservators and trustees submitting six-figure bills to incapacitated adults under the court's watch. In some cases, they are charging lofty hourly rates that are double what's allowed in neighboring counties.
The Superior Court on Monday vowed changes within weeks. "Not years, not months, but weeks," said Assistant Presiding Judge Brian Walsh.
"We are not going to stand for our most vulnerable being taken advantage of -- period."
Presiding Judge Richard Loftus and top probate Judge Thomas Cain have been surveying courts up and down the state for solutions since the newspaper approached the bench months ago with early findings of its investigation.
The changes won't come soon enough, said elder rights advocate Pat McGinnis, executive director of the nonprofit California Advocates for Nursing Home Reform. She said "there's no justification" for six-figure bills that deplete life savings, like the ones highlighted in "Loss of Trust."
Labels: California, Loss of Trust
Former PA Attorney Acquitted in Estate Theft Case
A former attorney from Moorestown charged with stealing money from an estate he was hired to manage was acquitted during a bench trial in Superior Court last week.
Judge Michael Haas found Louis A. Colaguori, 66, of Eaglebrook Drive, not guilty of the charges of theft by failure to make disposition of property received and misapplication of entrusted property. Haas presided over the three-day trial.
Authorities alleged that Colaguori stole about $220,000 from the trust of a multimillion-dollar estate that included income-producing properties in New York City.
The case, investigated by the Burlington County Prosecutor's Office's major crimes unit, began when the office was contacted by the New Jersey Office of Attorney Ethics. The state office determined that funds were mishandled after conducting a random audit of Colaguori's files.
He was indicted in 2010.
Colaguori, who had a practice in Burlington City, consented to disbarment for his actions, but he fought the criminal charges.
His defense attorney, Michael Riley of Mount Holly, argued that this was a fee dispute, not a criminal theft. He said there was a lack of evidence of any criminal intent.
Former Attoney Acquitted in Estate Theft Case
Labels: Discipline, Lawyer, Pennsylvania
Effort to Curb Abuse by Legal Guardians Advances in Senate
The Senate Judiciary Committee backed a measure designed to help state courts improve their handling of adult guardianship cases in an effort to prevent exploitation of seniors and the disabled.
The amended bill (S 1744) would authorize grants for the courts to update their practices on guardians overseeing adults who are unable to manage property and accounts, as well as conservators tasked with managing adults' estates.
The Judiciary panel approved the measure in a 15-3 vote, with Republicans Jeff Sessions of Alabama, Tom Coburn of Oklahoma and Mike Lee of Utah opposing it.
"I know every state has incidences of people getting ripped off millions of dollars when their loved one is supposed to be under the care of a guardian," said Minnesota Democrat Amy Klobuchar , the bill's sponsor. "Most guardians do amazing work, good work, but . . . [some] are causing a lot of harm."
Klobuchar is the chairwoman of the Judiciary panel's Subcommittee on Administrative Oversight and the Courts, which held a hearing last year to examine court-appointed guardians for seniors and the disabled.
"It is a moral imperative that we take action," Klobuchar said at the Sept. 22 hearing, citing a Government Accountability Office report on wrongdoing by guardians.
The 2010 report identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians. In 20 selected cases, the GAO found "guardians stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors" and in some instances "also physically neglected and abused their victims."
The report also revealed instances in which courts failed to adequately screen potential guardians or oversee guardians once they were appointed.
Under Klobuchar's bill, the Health and Human Services Department could award grants to state courts to be used for assessing how they appoint and monitor guardians and conservators, as well as for making any needed changes to their practices. Recipient courts would be directed to work with their state's aging and adult protective service agencies.
The bill also would require HHS to give the State Justice Institute (SJI) an opportunity to weigh in on how the grants are awarded, and HHS may also consult with the Justice Department.
Established in 1984, the SJI is a nonprofit corporation governed by an 11-member board composed of state court judges, members of the public and a state court administrator. It is tasked with promoting greater coordination between state and federal courts.
The bill would include no new funding. Rather it would tap into existing grant funds. It has the backing of groups such as the AARP, the American Bar Association, The National Center for State Courts and The National Guardianship Association, Klobuchar said Thursday.
New Effort to Curb Abuse by Legal Guardians Advances in Senate
Guardian Accountabilty and Senior Protection Act Passes Senate Today
Labels: AARP, ABA, Federal Senate Judiciary Committee, Legislation
Barb Montrond Reports: Who Is Watching Our Elderly?
Becoming a "professional" guardian and/or conservator in Oregon does not require any type of certification and/or licensure. The Guardian/Conservator Association of Oregon (GCA) website reports that certification in becoming a "Professional" Guardian and/or Fiduciary is on a voluntary basis. The GCA website also reports that to be a Conservator and/or Guardian they must have backgrounds free of any criminal/personal/fiscal issues, or other issues that would give the court reason to question their "ability or ethics". In a perfect world that may be OK, however, if certification is not necessary, who provides oversight to a board that has the power to make life/death decisions as well as gain complete control over the assets of another? Reviewing the complaint process available on the website for the National Certified Guardian it reports that the court that appointed the guardian has the exclusive authority to remove, or otherwise sanction a guardian.
This growing problem was investigated by the U.S. Government Accountability Office (GAO) in July 2011. The outcome of the investigation included noting hundreds of allegations of guardian abuse in 45 states occurring between 1990 and 2010. "The GAO investigation reported "significant exploitation of assets" as well as "guardians are not sufficiently screened or monitored by the court; and additionally that selected guardian certification programs failed to adequately screen potential certified guardians" (GAO 2011). It appears that Oregon can be a frightening place for our aging population.
Who is Watching Our Elderly?
Labels: Barb Montrond, Oregon
Ohio Judge Rastatter Wins Conduct Case
Clark County Common Pleas Judge Douglas Rastatter dropped his head in his hands and sobbed Tuesday after a disciplinary hearing panel dismissed a six-count complaint of judicial misconduct against him.
The three-member Board of Commission on Grievances and Discipline of the Ohio Supreme Court dismissed the case after a two-day hearing.
Complainants described Rastatter as rude, biased, vindictive, disrespectful to attorneys and someone who ruled without regard for the law and higher courts.
Rastatter testified that he struggled to adjust to the bench. He declined to comment after the hearing, but his attorney George Jonson said he and co-counsel Lisa Zaring were pleased with the ruling.
"I think they reached the right result, and I couldn't be any happier if I won the lottery," Jonson said.
Jonson had only asked the panel to dismiss two counts in the complaint prior to the decision to end the whole case.
The Ohio State Bar Association accused Rastatter of failing to follow the law, failing to uphold the integrity of the judiciary, engaging in conduct prejudicial to the administration of justice, lacking decorum and acting in a manner that does not promote confidence in the judiciary.
The allegations, brought to the association by attorneys Richard Mayhall and John R. Butz, could have resulted in a range of sanctions for Rastatter, including permanent disbarment.
Judge Rastatter Wins Conduct Case
Judge Faces Six Counts
Labels: Discipline, Judge, Ohio
Woman Accused of Bilking More Than $1 Mil From Elderly Seattlelite
A Lynnwood woman was charged Monday with nearly 50 counts of first degree theft for allegedly bilking an elderly woman out of more than $1 million.
Brenda Nicholas, 46, is accused of manipulating an 85-year-old Seattle woman out of $1,088,500 in cash during a nearly two year period, according to court documents.
Police say Nicholas met the victim at a Chinatown street fair in 2007. Using the name Monica Marks, Nicholas was working the fair as a palm reader. The victim, who police say was feeling alone and depressed, agreed to pay Nicholas for a palm reading. Nicholas allegedly told the woman "she had a gray aura about her" and needed help to make her feel better and get her life straightened out.
Nicholas convinced the victim she could help, but at a steep price, according to court documents.
Soon after their initial meeting, Nicholas brought the victim what she called a "special soap" made by a man named Father Thomas that would wash away her gray aura. The documents say Nicholas convinced the victim that Father Thomas could see the past, present and future and could cure her ills.
By September 2007, the victim told police that Nicholas was visiting every few days, and each time she visited she would give the victim an unknown pill meant to make her feel better. The victim said the pills made her feel like she was in "a fog."
Woman Accused of Bilking More than $1 Mil From Elderly Seattleite
Labels: Washington State
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The disinfection device consists of one or two stands with the height of 1.9 meters. Sets of nozzles are placed in the stands. Nozzles create a fine aerosol mist, which disinfects clothes and shoes. The device sprays disinfectant of your choice. During 5 – 7 seconds the device is able to eliminate bacteria and viruses on clothing of one person. Therefore can one full container disinfect approximately 100 to 300 people. Time of spraying can be regulated according to your needs. The liquid used in the device as well as the usage of the device is stated by
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