Legal Issues – Page 15 – education and deconstruction.com

Skyway

The Book of the Week is “Skyway” by Bill DeYoung, published in 2013. This volume describes the Sunshine Skyway disaster that occurred in May 1980. The Skyway (whose name has since been changed) is a bridge across Tampa Bay that links Pinellas and Manatee counties in Florida.

A large boat was buffeted about by unexpected stormy weather on the fateful day, and the boat’s pilot was unable to negotiate a safe passage to a shipping lane under the bridge.

Read the book to learn exactly what happened, and whose lives were changed forever by the tragedy.

Mr. Smith Goes to Prison

The Book of the Week is “Mr. Smith Goes to Prison” by Jeff Smith, published in 2015. This is the personal account of a white, middle-class politician from Missouri who commits a minor white-collar crime, but due to a vengeful, powerful political opponent, gets jail time at a facility housing some violent criminals.

The author writes about how greed and power hunger in the U.S. prison system are perpetuating the poverty cycle. Two issues in particular, among others– jailing fathers delinquent with their child support payments, and the burgeoning of solitary confinement cells–involve a colossal waste of taxpayer money, take a devastating psychological toll on the direct victims and their families, and have a negative ripple effect on society as a whole.

Punishing struggling family men in a way that worsens their problems, does not make sense. For example, if they are released from work through no fault of their own and can’t send money to their families– jailing them only hinders their finding work again in the future, and the effects of this and the toll on their families makes recidivism more likely. Taxpayers assume the financial burden of supporting them and their families.

One hand has washed the other among the courts, politicians, prison personnel and contractors with the significant increase in solitary confinement cells in prisons in recent decades. The argument used was that they cost less because fewer employees were required to guard the prisoners. However, this was a lie. The financial costs to society as a whole have multiplied with the trauma that has been thrust upon isolated prisoners. Their recidivism rate has skyrocketed. This has had adverse consequences not only for their families but for taxpayers, who are paying for the resulting repeated corrections proceedings and possibly avoidable incarceration. Prison personnel and contractors have taken full advantage of the bonanza. Some of the former become drunk on power, and treat the prisoners cruelly because they can, thus increasing the likelihood of recidivism and their own job security.

Authorities have been slow to act on prison reform because the prison industry is so lucrative for them. Read the book to learn of Smith’s experience with, and proposed solutions to the above problems, which he says would save everyone lots of money and benefit society in incalculable ways.

Red Notice

The Book of the Week is “Red Notice, A True Story of High Finance, Murder and One Man’s Fight For Justice” by Bill Browder, published in 2015. This suspenseful, emotional saga should be made into a motion picture, as it is not only entertaining and engaging, but is a comprehensive picture of the extremes of human nature.

Rebelling against his left wing intellectual family, Browder became a capitalist. During his career, he worked under two big bosses who died under mysterious, suspicious circumstances– Bob Maxwell and Edmond Safra. As a young whippersnapper, he longed to do investment consulting in Eastern Europe, but had to settle for London. Browder got in on the ground floor when the Russian securities industry was in its infancy in the early 1990’s.

In early 2000, the power of Russian Federation president Vladimir Putin, was actually held by “… oligarchs, regional governors, and organized-crime groups.” Browder started a hedge fund called Hermitage. What with complex economic and political goings-on, his hedge fund became the victim of the Russian mentality. In 2006, Hermitage had to “… sell billions of dollars worth of Russian securities without anyone knowing.” That was just one of many traumatic episodes in Browder’s career.

The author had the brains and skills to become not only a successful financial consultant and investor, but a muckraker; however, this made him a “Darwin Award” candidate. He became involved in a true thriller with intrigue, greed, power hunger, human rights abuses and karma. Russia struck at his attorney, Sergei Magnitsky. Numerous Russians in positions of authority– in the government, prisons, the police– all lied to the world about what happened to Magnitsky. Under Putin’s rule, Russia had reverted to the Stalinism of the 1920’s, with thousands of dissidents tortured and killed.

The few people whose eyes were open, who were raising the alarm– were risking their own lives. The rest of the world didn’t want to get involved because they were of the mentality that the violence was confined to Russia, and it wouldn’t spread to them. And they might end up like those dissidents if they rocked the boat. Besides, in the 2000’s, people have become desensitized to human rights abuses due to the widespread, propagandized publicizing of them (like video clips arousing viewers’ morbid curiosity, of the alleged beheadings of journalists by Middle Easterners on YouTube).

(Please excuse the legalese in this paragraph- but it is the briefest way of explanation) Some people would say that Browder had “unclean hands” and there was “contributory negligence” on his part, so his story should not have deserved the special attention it got. Admittedly, he was out for revenge, not because he truly wanted to stem uncivil behavior in the world. He made his living in an industry full of greedy people whose scruples are less than stellar– securities. He made a ton of money by engaging in “self-dealing” and insider trading, which would be considered violations of American securities laws. He was from America, the country that gave rise to the corrupt economic system in Russia in the first place. It might be recalled that Harvard economist Jeffrey Sachs gave bad advice to Boris Yeltsin (to put it generously), convincing him to adopt “shock capitalism” — a ruinous financial plan. Lastly, Browder had “constructive knowledge” that doing business in Russia was especially risky (not just financially), compared to other countries. Arguably, he was trying to apply American morals and laws to get justice in a situation in which he had profited from Russian morals and lawlessness. Some people would say, “Pox on everyone’s house.”

Browder wrote, “There was something almost biblical about Sergei’s story, and even though I am not a religious man, as I sat there watching history unfold, I couldn’t help but feel that God had intervened in this case.” This blogger thinks that, but for Browder’s powerful professional and political contacts who intervened in this case, it would be just another infuriating, depressing, suppressed, and eventually forgotten human rights abuse story.

Read the book to learn the details of the story, including the actions taken against the morally bankrupt, brazen Russian criminals, and learn whether justice was done.

Simon Says

The Book of the Week is “Simon Says” by Kathryn Eastburn, published in 2007. This is the true story of a triple murder that occurred in the small town of Guffey in Colorado in early 2001.

The mastermind behind the criminal act was a teenager, Simon Sue, who convinced others that he was part of an anti-governmental group in Guyana. He and his father collected guns for their investment value. They had a humongous collection. The younger Sue believed that theft of firearms from other households in the neighborhood was acceptable if their owners were racist or dealt illegal drugs.

Sue ran a terrorist training camp of sorts for three other high schoolers he had befriended. Read the book to learn the details of the heinous atrocities committed by them, how they got caught, and their fates.

The CBS Murders

The Book of the Week is “The CBS Murders” by Richard Hammer, published in 1987. This is the true story of the murders of two women, and three men who were by-standing CBS employees– in a parking lot in midtown Manhattan’s far west side in April 1982.

The ugly crime was the culmination of a white-collar crime spree committed over a number of years by a family named Margolies, in the jewelry business. The major perpetrator of the crimes, Irwin, schemed to blame the company bookkeeper, but complications arose.

The case was unusual in that criminals like Irwin generally do not hire a hitman, but only hire fancy attorneys to weasel out of legal trouble. Irwin and his wife Madeleine behaved like a dictatorial couple, like the Perons, Caucescus or the Marcoses. Read the book to learn the details of this suspenseful business story.

Tomorrow You Go Home

The Book of the Week is “Tomorrow You Go Home” by Tig Hague, published in 2008. This is the suspenseful story of how Russian authorities severely punished an Englishman for a minor indiscretion in the summer of 2003.

Hague had forgotten he had left a tiny amount of hashish in his jeans pocket before boarding a flight to Moscow. He was detained at the airport. His naivete led to his arrest and imprisonment. He was denied what is, in Western nations, due process. However, he was less deprived than other prisoners because he received care packages from the British Embassy and his family– consisting of noodles, biscuits, cigarettes, coffee, chocolate and warm clothing. The odds were stacked against him at his court hearings. The Russian prison authorities played a petty power game via bribery, to hang onto contraband and inside information from the hapless prisoners– some of whom were there because they had been framed– awaiting release.

Read the book to learn of Hague’s trials and tribulations, suffered at the hands of a corrupt, arbitrary system.

Judgment Ridge

The Book of the Week is “Judgment Ridge” by Dick Lehr and Mitchell Zuckoff, published in 2003. This is the shocking, true, suspenseful story of the murder of two Dartmouth professors in early 2001.

The perpetrators had a history of petty criminal behaviors but there were no serious consequences for them. One of the killers was a controlling psychopath, and his unnaturally close friend’s blind obedience engendered a dangerous combination. The reason the murders were hard to foresee was that the killers revealed only small pieces of themselves to different people in their lives. No one knew them well, not even their parents. Thus, no one individual saw the big picture– that the sons were going to commit the gruesome act that they did.

The killers’ parents– the would-be authority figures in their lives, had no knowledge of their whereabouts, and neither checked up on their activities, nor took an interest in them. Arguably, the parents allowed their sons too much freedom, and not enough supervision. The killers’ families lived in an unconventional surburban community. The school system accommodated their bids for attention, rather than punishing them for their disruptiveness.

Read the book to learn of other factors that allowed the deaths to occur and the details of the aftermath.

Indefensible

The Book of the Week is “Indefensible” by David Feige, published in 2006. This is an autobiographical account of a public defender; an attorney who represents indigent people accused of street crime, who were assigned to him by the court.

Feige described his experiences with the people in the criminal justice system in the New York City of the 1990’s. He had to deal with the homeless, mentally ill, addicts, gang members, good people who were wrongly accused– and their family members; judges and other court personnel, and fellow attorneys. There were personality types he saw over and over again– the poorly educated jailed people trapped in the poverty cycle due to their bad choices, bad luck and a series of circumstances out of their control; good, fair judges; and unsympathetic and sadistic judges.

Feige was overworked, underpaid and his anecdotes smacked of the proverb, “Good to know the law, better to know the judge.”

Read this depressing book to get an intimate picture of the inner-city downtrodden, and the difficulties of keeping them from being jailed, even when they are innocent, due to the odds against them.

Dragon Sea

The Book of the Week is “Dragon Sea” by Frank Pope, published in 2007. This ebook describes the lives of sunken-treasure hunters– people who go SCUBA diving to recover material assets of ships that have sunk in prior centuries.

Such a pursuit interests marine archeologists, too. They should have knowledge of art, ancient history and the sea. The oil industry has developed the technology that allows the least expense and the fewest complications for conducting underwater research and exploitation of the seabed. However, the exploitation part is still life-threatening and very expensive. A gruesome death might await divers at any time, so they make big bucks.

Many divers take a chance by attempting to retrieve treasures from a sunken ship whose contents might be claimed by its country of origin. They risk confiscated cargoes, impounded vessels and court cases, not to mention plunder, if pirates find out what they are doing before they can finish grabbing the ceramics, coins or other valuables from the ship. Those items might end up at a big-name auction house or at a museum. Or on eBay.

Read the book to learn about the salvaging of ceramics from one particular ship– along with the dangers, complications and conflicts that arose, the equipment used, worker interactions in light of the situations they encountered, and the financial results of the project.

The Strange Case of the Mad Professor

The Book of the Week is “The Strange Case of the Mad Professor” by Peter Kobel, published in 2013. This ebook recounts the sordid story of a petty, vengeful university professor who was passionate about his field of study, lemurs.

Professor John Buettner-Janusch (aka “B-J”), of German and Austrian descent, was born in 1924. He grew up in the United States, but went to jail for evading the draft during WWII. “His desire for attention was enormous, and he never seemed to care much whether that notice was admiration, disdain, or loathing.”

B-J eventually rose through the ranks of higher education while collecting a menagerie of lemurs that were subjected to primate research. People either loved him or hated him. He was like a “Dr. Jekyll and Mr. Hyde”. It became apparent that he was also a sociopath.

Starting in the late 1970’s, he was charged with serious crimes. “…But much of B-J’s pretrial testimony formed a farrago of lies and half-truths, of the incredible or incomprehensible.”

Read the book to learn what became of this colorful character.