Friday, April 21, 2006

Governor Ryan subjected to white collar crime offenses!


Last two days, I read newspaper about the political corruption in the United States; in my point of view, the corruption is abundant and banal.
All countries through out the world subject to the same problems that is abuse of power by the high level governmental officials.
Ryan, the former Illinois governor, is an examplar. I knew him when I studied in Master of Law program at Indiana University - Bloomington because I enrolled in the seminar class of "Death Penalty," with Professor Joseph Hoffmann.
Ryan was an anti-death penalty. He appointed a special committee to study and reform the capital sentence in Illinois. He found that tremendous errors happen in trial process in death penalty cases.
The law reform to abolish the capital sentence had been proposed to the Assembly, but it failed to proceed. The death penalty is still alive and active in Illinois.
Most scholars criticize what he did only to avoid and distract the corruption scandals committed by his Administration as an Illinois Governor. Once his term ended, he was criminally charged with several "White Collar Crime" offenses in 2003.
Here is the newspaper I read, which he finally was convicted with severe degree of criminal conducts and the life inprisonment will be imposed on him if his appeal fails!


By Thomas B. Edsall and Kari LydersenWashington Post Staff WritersTuesday, April 18, 2006; Page A03

A federal jury yesterday found former Illinois governor and onetime Nobel Prize nominee George Ryan (R) guilty of 18 charges of racketeering, mail fraud, making false statements to FBI agents and income tax violations.

Ryan, 72, who received international attention in 2003 when he commuted all 167 Illinois prisoners on death row, now, because of his age, faces the prospect of what would amount to a life sentence if his expected appeal fails.

Ryan is the third former Illinois governor to be convicted of crimes in recent decades. Daniel Walker, who served from 1973 to 1977, pleaded guilty in 1987 to bank fraud unrelated to his government service. Otto Kerner, who served from 1961 to 1968, was convicted of 17 counts, including bribery and race track fraud.

Most of the charges against Ryan involved an alleged "licenses for bribes" scheme in state agencies under Ryan's jurisdiction during his tenure as Illinois secretary of state. In one instance, a man paid a bribe for a trucking license and later was involved in an accident in which six children were killed.

The defense argued that the case against Ryan was circumstantial and that none of the witnesses testified to having seen Ryan take a bribe.

A grim Ryan, briefly forcing a smile, read a statement outside the Chicago courthouse. He said the guilty verdicts are "not in accordance with the kind of public service that I have provided to the people of Illinois over 40 years and, needless to say, I am disappointed in the outcome, but I feel confident in our appeal, and there will be an appeal."

The jury also found Larry Warner, a lobbyist and friend of Ryan's, guilty of 12 related charges, including mail fraud, extortion, racketeering and money laundering.

Ryan, who served one term as governor from 1999 to 2003 and two terms as secretary of state, was defended by an array of high-profile criminal lawyers and former prosecutors, including former governor and U.S. Attorney Jim Thompson and former U.S. attorney Dan K. Webb. The trial lasted more than six months.

After the verdict, Webb told reporters, "I can tell you I am very disappointed in the verdict," contending that Ryan "simply did not do" what he was convicted of.

Ryan was the highest-ranking official targeted in a federal investigation called "Operation Safe Road," which looked into vehicle licensing irregularities.

U.S. Attorney Patrick J. Fitzgerald and Assistant U.S. Attorney Patrick Collins described the conviction as a victory for the team effort, which included the IRS, the Postal Service, the Department of Transportation and the FBI.
The investigation took eight years, and some federal officials put off retirement to finish the prosecution. The verdicts bring the number of convictions in Operation Safe Road to 75 out of 79 defendants. There are two fugitives, one pending case and one dismissal.
While claiming no "joy in this verdict," Collins said, "we do take enormous pride in the investigation." The case began in 1998 as a narrow licensing investigation, he said, and ultimately, "You had a spectrum of corruption here: contract fraud, lying to the FBI, tax fraud. And the thing you don't have in all cases was the ability to show tangible effects of corruption -- lives are at stake."
Fitzgerald said that prosecutors "went forward with a circumstantial case we felt was very powerful, and the jury agreed. I think people will realize it's not in their best interest to do it [corruption]. People [the jurors] are not rejecting cases on the basis [that] this happens all the time."
Among those attending the trial were the Rev. Duane "Scott" Willis and his wife, Janet, who lost six children in the accident that played a crucial role in the prosecution's case.
A state investigator testified that one of Ryan's top aides and a key Ryan fundraiser blocked him from investigating the 1994 crash in which the children were killed.
The accident was caused when the metal undercarriage fell from a truck driven by Ricardo Guzman, who had obtained his license by paying off state officials, according to testimony. Guzman, who did not speak English, did not understand warnings from fellow truckers about the undercarriage as he was starting up the vehicle. After it fell from the truck, the undercarriage hit a van driven by the Willises, setting it on fire.
Webb, Ryan's lead attorney, said he will seek to have the verdict overthrown because of "unusual developments during jury deliberations."
U.S. District Judge Rebecca Pallmeyer removed two of the jurors after they were accused in Chicago Tribune news stories of concealing arrest records. She replaced them with alternates.

Wednesday, April 12, 2006

JSD Preliminary Exam At UIUC!

You might know that I have to take preliminary exam at College of Law University of Illinois (UIUC) on this Friday 14, 2006. According to the requirement of JSD program of my law school, I have to take two vital exams; preliminary exam is mandatory one. The last is to defense my complete research project, which I still have no idea how fast I can move to such point!

Studying in Ph.D. in law program might be different from a doctoral degree in other principles. Firstly, only some honorable law schools will establish and provide this highest degree of law; not more than 20 law schools that provide Ph.D. program. Secondly, different law schools call this Ph.D. program in different names. Some call is "SJD or Doctor of Jurical Science;" others call it "JSD or Doctor of Science of Law." Doctor of Science and Juriprudence or Doctor of Philosophy might be called in some law schools as well. Those law schools always accept only an applicant who graduated in an LL.M. program from their own law school. As a result, it is very difficult to be admitted to study in this program.

Most importantly, prior to being accepted to study in JSD program, an applicant must submit his or her dissertation and tentative proposal to the committee to consider if he or she can complete such research. The same to me, I have submitted my proposal to Professor Thomas Ulen, and Professor Tom Ginsburge and asked them to be my advisor in August 2004. My attempt became true on April 2005 because I am lucky enought to be accepted as a JSD student to study in this program in August 2005.

I take one year to collect information and write my proposal or disertation so that I can submit it to my advisor and request to take preliminary exam on the coming April 2006. It is very exciting to me because on that looming day, I have to present my project to them by making an oral argument. At the first consideration, I have a plan to study some aspects about the law in the United States and its problems to enforce the criminal law and criminal procedure.

However, I change my mind because I think that it will not be pertinent to apply such deep knowlege to the critical problems of Criminal Process in Thailand in the future. As a result, a Model to develop police practice in Thailand After adoption of the 1997 Thailand Constituion is my new topic that I will focus on. I hope that it will be useful to enhance both the defendant's right protection and the effectiveness of police function to execute the law enforcement tasks as well as it will facilitate and benefit to the victim in the criminal act.


Hope that on this Friday, the committee will accept my proposal and thereby I can start writing my thesis; finally, I might be able to finish it in soon. All of my breath during spending my life in the U.S., I always think about Thailand, my mother land, and I really want to work for my country! I promised to myself in 2003 after I got scholarship from my government that even though I have a chance to work in the States, I will keep my intention ahead!

I almost broke my moral obligation when I had been offered the best job from World Bank in the beginning of 2005. But, I could overcome my greedy mind at the time of Job interview at NYU job fair in January 2005. It was not easy to refuse such highly desirable job at World Bank as a legal consultant for the Vice President of this organization, but I did! Money is nothing if I have no dignity as a human being!

Presently, I am still in the same position! I keep my mind to go back to Thailand! All my breath saying that I love you Thailand!

Saturday, April 08, 2006

What will you firstly response if you see Indian guys?

It is somewhat doubtful if Thai idiom about Indian guys is utterly correct - if you see Indian guys and snake; firstly kill the former and lastly kill the latter. The server of eatery and Indian customers are the counterpart, particularly. All waiters and waitresses cannot agree with Thai idioms more because they always subject to the awkward situation whenever they have to provide services for Indians. Not only is much less gratuity than standard granted to them, but also those indian customer are classified as the fussiest "God!"
Around 16:30 hrs on April 7, 2006, even though the weather forecast chanel proclaimed that the Tornado might touch down Urbana-Champaign, I cannot stay at home because I have to go to Nitaya Restaurant to work as a waiter. Her grand sun, functioning as a waiter here is not in the States for a while, have been leaving for Thailand to file a motion for procastinating his military function during studying. Then, I have to help her during these two weeks.
Actually, I love the service provider career. Smiling of customers I serve them makes me happier; in addition, I also get higher gratuity or tip than other server. Customers always enjoy talking with me even though my English potential is not extremely strong. They might, I guess, feel interested in Thailand, my beautiful home country.
Being proud off as one of a good server is challenged by Indian customers today. Two indian customers, I guess they are wife and husband, came into my work place and ordered some special menu. They swallow all food on their table palatably and fastly. After they were done, they requested my assistance. At an inception of their extremely eager or desirous complaint, they started with this terms:
"I am curious why your foods are not hot; unlike my perspective, Thai food should be much better than this...,"
I instantly looked into where the foods they were talking about; I found nothing on those empty dishes! Where were my deleterious aliments? Oh! you guys believe me or not! There was nothing left in three dishes which they were filing their complaints! It sucked but you ate them all! Who did suck those bland food? You did, didn't you?
Those indians attempted to cheat us! They did not want to pay they did swallow all! You need not to ask me if they grant me some invaluable gratuity. No way! You know the absolute answer. Even the food price they did not want to pay! Why were they willing to pay such tip for my service, which I rentlessly provided for them!
Those are one of my badly tremendous experiences with Indians! I have subjected to several events and shocked with their cultures and basic instinct! I can swear that I am gradually positive that my forerunner instruction is consummately correct! Believe my
predecessors that you should kill them before you don't have an opportunity to kill a snake because they will kill you before you can do. Thank you very much my ancestors for your good warning.
P.S. Based on an honorable waiter instinct right away, I would like to make a solemn declaration that I would like to punch their faces, I swear!

Friday, April 07, 2006

SEXAUL EDUCATIONAL IMPLANTATION!

It is around a few months that I have been continuously taking an exercise by running for 30 minutes, and working out for 30 minutes. Fortunately, I lose my weight for 6 kgs. It makes me feel comfortable during siting and reading or even writing my article in very long time. Last year, my home is very far from college of law, UIUC; as a result, I had to go back my home very early evening, and could not take any exercise. My weight became 76 kgs more or less at the time. Oh! I looked like a pig man!

IMPE is one of several places provided for UIUC students and staffs to relax their tensions after working whole day. It is very close to my college; I can walk to there in a few minutes. I am very lucky, right? At this place, I found several kinds of sports are very intriguing to me, such as Badminton, Running, and Working out. I still keep my regular activity here by running and building my muscles for one hour almost everyday. I am positive to say that anyone can do it if she or he keeps thinking everything is fun, not only his or her job or duty to carry out.

I also found something else interesting, that is, the verse to warn any man about the sexual relaltionship with any person. The Office of Women's Program at UIUC issues the warning paper to recall a man thinking about the consent which will not be tantamount to rape crime. If a woman says or conducts something which can idicate that she refuse to have sexual relationship with her, a counterpart must pay respect to her decision. In contrast, if she feels free to give a consent to be an integral part of the interaction, nobody can interfere with both person's needs.

Such paper looks like this bellow:

No Means No
"Stop" means no
Turning away means no
"I don't want to" means no
Shoving you away means no
"Leave me along" means no
Passed out means no
"I'm not ready" means no
Pushing you away means no
"I don't feel like it" means no
Drunk or drugged menas no
"Get away from me" means no
Screaming means no
Don't means no
Crying means no

Yes means one thing only: "Freely given consent whether
both persons needs, wants and desires are an integral part of the interaction."

I think it is very good idea to teach a man to pay respect to his counterpart's decision whether she love to have an affair with him; consent must be enshrined. Don't do it, if your counterpart did not freely consent to you; you can avoid the legal obstruction if you follow such guideline!

More importantly, our societies need more than such consent doctrine, I think. We should recapitulate our teenagers that they must be aware that the sexual enjoyment comes with great responsibilities! They occupy both legal and moral obligation to take care their progenies, if pregnancy ensues, with the highest responsibilities, rather than only terminating the new lives. Abortion is not a good resolution for them!

Sunday, April 02, 2006

Phishing!

Phishing scam: it decieves you and makes you lose all money you save through out your life. I believe that almost of all people might get an e-mail that induces you to confirm or identify your bank account to someone who claims that he or she needs your assistance to transfer a huge amount of money from some where else in earth to your bank account; this person also promises to share some interests for the bank account owner. If successful, your identification and your bank account will be used illegally regardless your authorization, and eventually you will lose everything which even a single will not be left for you!
I myself have just get several e-mails like what I have mentioned aboved; one of them disguised itself at my credit card company acquiring me to identify my bank account that I always use it to pay my credit balance in every month. Secondly, the like e-mails of Nigerian Funs Scam e-mail have been submitted to me relentlessly! This is one example of those e-mails I got:
" FROM: MR MARK ANDERSON
AUDITING AND ACCOUNTING UNIT. FOREIGN REMITTANCE DEPT.
AFRIBANK NIG. PLC
#125 WEDERAL RAOD, OWERRI IMO STATE
FEDERAL REPUBLIC OF NIGERIA Attention:

I am writing following the impressive information about your profile, your capability and reliability to champion this opportunity. In my department, we discovered an abandoned sum of (TEN million US dollars). In an account that belongs to one of our foreign customers who died along with his entire family in September,2004 in a ROAD ACCIDENT.

Since we got this information about his death, we have been expecting his next of Kin to come over and claim his money because we can not release it unless somebody applies for it as next of Kin or relation to the deceased as indicated in our banking and financial policies but unfortunately we learnt that his supposed next of kin or relation died along side with him in the accident leaving no body behind to claim the money. It is therefore upon this discovery that I and other officials in my department now decided to make this business proposal to you and release the money to you as the next of kin or beneficiary to the deceased for safety and subsequent disbursement since nobody is coming for it and we don't want this money to go into the Bank treasury as unclaimed bills.

The Banking law and guideline here stipulates that if such money remained unclaimed after long period, the money will be transferred into the Bank treasury as unclaimed fund. The request for a foreigner as next of kin in this business is occasioned by the fact that the customer was a foreigner and an indegine cannot stand as next of kin to the deceased family. We agreed that 30% of this money will be for you as foreign partner, in respect to the provision of a foreign account, 10% will be set aside for expenses incurred during this transaction and 60 % would be for me and my colleagues. I will not fail to bring to your notice that this transaction is 100% hitch free and that you should not entertain any atom of fear as all required arrangements have been made for the transfer.

Thereafter I and my colleagues will visit your country for disbursement according to the percentages indicated. Get back to me for more information with your private, telephone and fax number for easy and effective communication. Upon receipt of your reply, I will send to you by fax or e-mail the text of the application and I assure you that we can conclude this operation within ten banking days.

NOTE: Keep this very confidential and top secret.

May God be with you. Trusting to hear from you shortly. Peace and love always.

Best regards MR MARK ANDERSON (AFRIBANK)"
This e-mail is utterly untrustworthy. The United States by the Congress has enacted many statutory provisions to suppress this scheme such as: The Credit Card Fruad Act: 18 U.S.C. § 1029, The ID Theft Act: 18 U.S.C. § 1028, The State Anti-Fraud Laws, and the Proposal of the Anti-Phishing Act of 2005. This problem becomes more violent and commonplace around the world. It is worth mentioning it and the government of all contries through out the world should have paid the attention to this pending seriousness to people every day life.
Consequently, whenever you get the soliciting e-mail or information that induces you to provide your personal identify to them, and the link that asks you fulfill your information, don't put yourself in the risk and make yourself as a victim of this scheme!
You can conduct your self-help by informing every soliciting e-mails to the United States entities or Anti-phishing organization at http:// www.ftc.gov/ or http://www.antiphishing.org . Here are some interesting documents relating to this problem. You might read it and find the self-help method to protect yourself in the future.
Federal Trade Commission, How Not to Get ‘Hooked’ by a Phishing Scam

http://www.ftc.gov/bcp/conline/pubs/alerts/phishingalrt.htm


“We suspect an unauthorized transaction on your account. To ensure that your account is not compromised,please click the link below and confirm your identity.”
“During our regular verification of accounts, we couldn’t verify your information.Please click here to update and verify your information.”

Have you received email with a similar message? It’s a scam called “phishing” — and it involves Internet fraudsters who send spam or pop-up messages to lure personal information (credit card numbers, bank account information, Social Security number, passwords, or other sensitive information) from unsuspecting victims.
According to the Federal Trade Commission (FTC), the nation’s consumer protection agency, phishers send an email or pop-up message that claims to be from a business or organization that you may deal with — for example, an Internet service provider (ISP), bank, online payment service, or even a government agency. The message may ask you to “update,” “validate,” or “confirm” your account information. Some phishing emails threaten a dire consequence if you don’t respond. The messages direct you to a website that looks just like a legitimate organization’s site. But it isn’t. It’s a bogus site whose sole purpose is to trick you into divulging your personal information so the operators can steal your identity and run up bills or commit crimes in your name.

The FTC suggests these tips to help you avoid getting hooked by a phishing scam:
If you get an email or pop-up message that asks for personal or financial information, do not reply. And don’t click on the link in the message, either. Legitimate companies don’t ask for this information via email. If you are concerned about your account, contact the organization mentioned in the email using a telephone number you know to be genuine, or open a new Internet browser session and type in the company’s correct Web address yourself. In any case, don’t cut and paste the link from the message into your Internet browser — phishers can make links look like they go to one place, but that actually send you to a different site.
Use anti-virus software and a firewall, and keep them up to date. Some phishing emails contain software that can harm your computer or track your activities on the Internet without your knowledge.Anti-virus software and a firewall can protect you from inadvertently accepting such unwanted files. Anti-virus software scans incoming communications for troublesome files. Look for anti-virus software that recognizes current viruses as well as older ones; that can effectively reverse the damage; and that updates automatically.A firewall helps make you invisible on the Internet and blocks all communications from unauthorized sources. It’s especially important to run a firewall if you have a broadband connection. Operating systems (like Windows or Linux) or browsers (like Internet Explorer or Netscape) also may offer free software “patches” to close holes in the system that hackers or phishers could exploit.
Don’t email personal or financial information. Email is not a secure method of transmitting personal information. If you initiate a transaction and want to provide your personal or financial information through an organization’s website, look for indicators that the site is secure, like a lock icon on the browser’s status bar or a URL for a website that begins “https:” (the “s” stands for “secure”). Unfortunately, no indicator is foolproof; some phishers have forged security icons.
Review credit card and bank account statements as soon as you receive them to check for unauthorized charges. If your statement is late by more than a couple of days, call your credit card company or bank to confirm your billing address and account balances.
Be cautious about opening any attachment or downloading any files from emails you receive, regardless of who sent them. These files can contain viruses or other software that can weaken your computer’s security.
Forward spam that is phishing for information to spam@uce.gov and to the company, bank, or organization impersonated in the phishing email. Most organizations have information on their websites about where to report problems.
If you believe you’ve been scammed, file your complaint at ftc.gov, and then visit the FTC’s Identity Theft website at www.consumer.gov/idtheft. Victims of phishing can become victims of identity theft. While you can't entirely control whether you will become a victim of identity theft, you can take some steps to minimize your risk. If an identity thief is opening credit accounts in your name, these new accounts are likely to show up on your credit report. You may catch an incident early if you order a free copy of your credit report periodically from any of the three major credit bureaus. See http://www.annualcreditreport.com/ for details on ordering a free annual credit report.You can learn other ways to avoid email scams and deal with deceptive spam at ftc.gov/spam.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit http://www.ftc.gov/ or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
June 2005


What is Phishing and Pharming?

http://www.antiphishing.org/
Phishing attacks use both social engineering and technical subterfuge to steal consumers' personal identity data and financial account credentials. Social-engineering schemes use 'spoofed' e-mails to lead consumers to counterfeit websites designed to trick recipients into divulging financial data such as credit card numbers, account usernames, passwords and social security numbers. Hijacking brand names of banks, e-retailers and credit card companies, phishers often convince recipients to respond. Technical subterfuge schemes plant crimeware onto PCs to steal credentials directly, often using Trojan keylogger spyware. Pharming crimeware misdirects users to fraudulent sites or proxy servers, typically through DNS hijacking or poisoning.

See the phishing archive at http://www.antiphishing.org/phishing_archive.html