Jackson Jambalaya

Form 990's for River Hills Country Club, Jackson Urban League (Operating at a loss ), Jackson Prep, Jackson Medical Mall Foundation, Greater Jackson Arts Council, Downtown Jackson Community Development Foundation , 100 Black Men,

I went there last Saturday and they are pretty low on food right now. I know other websites support them and ask for their readers to donate food to the MARL but I'm going to go one step further. If you go to Briarwood Pet Store and buy dog or cat food and tell them it is for the MARL, they will hold it until I come by there and deliver it to MARL. They sell Natural Balance (which they need for dogs that undergo surgeries), Science, and Iams. It can be a 5, 15, 0r 30 lb bag, doesn't matter. Just spend 5-10 bucks on some pet food and I'll take care of the rest. They are open until 5:30 during the week and 5:00 on Saturdays. Its asking alot for many of you to drive 30 minutes or so to the MARL so I'll make it easy on ya. Help the MARL and stop by Briarwood on Canton Mart Road (next to Hickory Pit).

Update:
If you live out in Madison area, Bill at Snooty Pooch said you can get it from him for the same deal. In fact, you can call there and use your credit card over the phone and he will hold the pet food for me to pick up and deliver. He sells Wellness, Eaglepack, and Merrick lines. Some of these brands seem more expensive than what you see at Kroger but since they are higher quality, they last much longer so it evens out in the long run. When the pet gets full, he stays full and isn't hungry again a few hours later. Most of the blends are also allergy-free formulas. Just tell him it is for MARL.

Go buy some dog food folks. 10 bucks for a 5lb bag isn't much money to spend but will help quite a few cats and dogs. Skip the coffee at Cups or that six-pack of beer for one day. ;-)

The sad part is this is even a debate:
"The TV presenter and Marks & Spencer model Myleene Klass has been warned by police for waving a knife at teenagers who were peering into a window of her house late at night.

Klass was in the kitchen with her daughter upstairs when she spotted the youths in her garden just after midnight on Friday. She grabbed a knife and banged the windows before they ran away.

Hertfordshire police warned her she should not have used a knife to scare off the youths because carrying an "offensive weapon", even in her own home, was illegal..." Article

It gets even worse. Read this one:
"A businessman who fought off knife-wielding burglars who were threatening to kill his family was jailed for 30 months in a case that has reignited the debate on how far householders can go to protect themselves and their property.

Munir Hussain, 53, discovered three masked men in his house when his family returned from their local mosque during Ramadan in September last year.

The burglars tied up and threatened to kill Hussain and his family but a teenage son managed to escape and alert Hussain's brother, Tokeer.

The intruders fled when help arrived at the house in High Wycombe, Buckinghamshire, but the brothers chased and caught one, Walid Salem, a criminal with more than 50 previous convictions. He was then subjected to what Judge John Reddihough described as a "dreadful, violent attack" by the Hussain brothers..."

No wonder the Muslims are taking over England. Thug ties up a man and his family and threatens to kill them, he knows what to do while the damn WASP's want to throw him under the jail... Article

The question is does a people who can't even figure out their own lives are worth defending are worthy of survival.

For a collection of all posts on Evans case, see sidebar at the right. A synopsis of the case is at the bottom of this post.

Judge Olack ordered Mississippi Valley Title Insurance Company to provide several banks with documents and information regarding claims filed by the banks in the Evans case and the "historical relationship" between Mississippi Valley Title and Charles Evans.

The Bank of Forest, Merchants & Farmers, State Bank, Bank of Yazoo, First State Bank, Cadence Bank, and Community Bank filed a motion requesting the Court grant them permission to conduct a 2004 exam of Mississippi Valley Title.

Rule 2004(a) of the U.S. Bankruptcy Code states "On motion of any party in interest, the court may order the examination of any entity." Rules of Bankruptcy. MVT is the only party besides Chris or Charles Evans that has a true idea of the amount and number of claims, the properties involved, and the extent of any fraud that took place. The banks are thus attempting to use rule 2004 to learn exactly what is in MVT's hand as it adjudicates title insurance claims filed by banks victimized by the Evans brothers.

Judge Olack hammered David Clark, counsel for MVT in his ruling. The Court said Clark was "given a deadline in which to submit an order that reflected the rulings in the Bench Opinion and that was approved as to form by all other counsel." Translation: Judge Olack told Clark to submit an order that everyone agreed on within a certain time frame. Instead, the Court stated Clark "submitted one version and a later amended version of an order on the Motion that no other counsel had approved as to the form." The Judge then pointed out the parties could not agree on an order and chastized them for doing so, calling it "unacceptable" and that "further failure to comply with this court's directives regarding submission of orders may result in the imposition of sanctions or other relief."

The Court rejected the proposed orders by both sides and decreed:
1. MVT shall produce a property description and street address for each property insured by MVT that was issued to any creditor in the bankruptcy as well as
a. A lists of all interests against the property.
b. All items and analysis regarding each claim and its validity.
c. All appraisals for each property.
d. Any existing surveys for each property.

2. "All items regarding the historical relationship" between MVT and Chris Evans and between MVT and Charles Evans.

3. "All items that support the allegations contained in the original complaint and the first amended complaint filed by MVT in the Chancery Court of Madison County."

Copy of order

One can imagine the banks will make full use of this order, especially the part about the "historical relationship" as they have repeatedly accused MVT of hiding information from them.

Update: Old Republic's 3rd Quarter Earnings Statement. 4th Quarter release scheduled for January 28, 2010.

Synopsis of Evans case (This feature will be included with future posts on Evans case): Charles Evans, Jr. was an attorney approved by Mississippi Valley Title Insurance Company to provide title certificates to MVT and lenders showing a borrower had clear title to property. MVT filed a lawsuit in September accusing his brother of using over 30 LLC's to obtain fraudulent loans from over 30 banks in Mississippi. Chris Evans would allegedly use one company to purchase a large tract of prime commercial real estate in Madison and Desoto Counties. Another company owned by Evans would obtain a commercial real estate mortgage on a smaller section of the tract yet that borrowing company never obtained a deed showing ownership of the land from the other company. Thus the smaller tract was actually non-existed as the larger tract was never actually subdivided. Charles would allegedly provide a title certificate however showing the borrowing company owned the land even though it didn't. Over 80 loans for nearly $50 million were issued by Mississippi banks to companies owned by Chris Evans for lands those companies either did not own. MVT has testified federal authorities are currently investigating the case. Chris Evans filed Chapter 7 bankruptcy on October 26, which stopped the Mississippi Valley Title's lawsuit against him as federal bankruptcy law stays most state civil court proceedings once a bankruptcy petition is filed. Mississippi Valley Title testified 65 title insurance claims for approximately $41 million have been filed by banks affected by the Evans case.

Madison County Bank merged with Community Trust Bank of Ruston, Louisiana last week. Community Trust has assets of over $1 billion and began operating in 1912. Bankrate.com gives it a four-star rating. Quick-shot of CTB's financial statement.

This is a good move for Madison County Bank and not entirely unexpected as I thought this would be the next bank to fail in the Jackson area. Madison County Bank had a weak balance sheet and assets of only $68 million. Bankrate.com gave it only a one-star rating. Madison County Bank lost $148,000 in the first half of 2009 and lost $560,000 in 2008. Quick-shot of MCB's financial statements, Bankrate.com's analysis of MCB. Madison County Bank had low loss reserves and a deteriorating loan portfolio. This is a good move for both banks as it gives a much-needed lifeline to the struggling bank and allows Community to expand into a strong market.

Magnolia State Bank acquired Prime Mortgage in Hattiesburg. Prime Mortgage is the largest mortgage broker in Mississippi. Owned by Dick Munton, Prime has enjoyed a sterling reputation in the Hattiesburg area for excellent service and ethical behavior. While many mortgage companies in the state are struggling, Prime has enjoyed strong results as it originated primarily purchase-type mortgages even in years when refinances were the hot products.

This move is not surprising as the mortgage industry has changed greatly over the last two years. It is tougher for mortgage brokers such as Prime to find quality lenders as companies such as Chase, Citi, Wells Fargo, and GMAC have either exited wholesale lending completely or ceased accepting loans from mortgage brokers. Banks such as Magnolia have warehouse lines of credit (the loss of which forced Realty to close) and are affected less by the recent changes in the mortgage industry. This is probably a good deal for both parties as Prime obtains access to the capital it needs to continue its strong performance while Magnolia gets a top-notch mortgage company with a strong book of business among the Hattiesburg realtors.

The landlord of Ely's recently changed lawyers in its court battle with Ridgeland restaurant Ely's. Jackson Street Property Management filed suit against Ely's a few months ago claiming it was owed back rent and damages. JJ reported in December JPSM "resurveyed the building and suddenly discovered Ely's "occupied 270 square feet more than the 3000 square feet indicated in the lease". Jackson Street then demanded back rent for the extra 270 square feet from the date when Ely's first assumed the lease." Rick Shapley, the owner of Ely's, counterclaimed and seeks more than half a million dollars in damages.

Jason Weeks of Page, Kruger, and Holland filed a motion to withdraw as counsel representing JPSM in Madison County Circuit Court that was granted by Judge Richardson. Jason Weeks apparently changed law firms as he was approved by the Court to continue his representation of Jackson Street Property Management with the law firm of Randall Segrest, PLLC. JSPM is owned by John F. Campbell of the Virgin Islands.

Earlier post, Copy of motion and order, Copy of lawsuit and counterclaim

Friend of mine has to sell her dog. Email me if interested and whoever buys him is going to agree to a home visit within 45 days after purchase. Have to be careful. My friend wrote: "This is Deuce. He is a 7 and a half month old Razor-Edge, blue nose, pure-bred Pitt Bull. He is sweet as can be but he is just too big to have him in an apartment. He is extremely loving; and when I say extremely i mean it--he sleeps in the bed with us and he weighs around 50-60 pounds... lol. He has had all his shots. He is not spayed (Fixxit clinic in Pearl does it for $55. Used them a few weeks ago and got very good service- KF). His ears have been clipped as you can see. He is a wonderful dog and I hate to have to do this but it is not fair to him. The asking price is $250."

British show from a more humorous but biting point of view on the financial crisis of the last two years.

at least at the Governor's Mansion. Check this out at the MBJ.

The next time Ridgeland, Flowood, or another surrounding burb needs you to sign one piece of paper so it can improve a road, make sure you sign it next time instead of waiting a year since they saved Jackson's gluteus maximus this week.

While sitting at the barber shop this week arguing the finer merits of rhubarb pie v. muscadine cobbler, everyone agreed it was a travesty we couldn't find a restaurant that served decent fried green tomatoes. Oh, I don't mean the thick slabs some serve that taste like a brick, but the ones thinly sliced, dipped in a nice golden batter, and fried perfectly, the kind that makes your mouth water, close your eyes, and think you are in a Southern heaven more glorious than the lillies of the field. While there, my barber told me something he heard from T-Bob, who is a cousin three-times removed on his mother-in-law's side and just happens to know everyone and is the second coming of Marcell Ledbetter.

T-Bob told him a few things about the Secretary of State's investigation of The Fine Arts Institute of Mississippi. There is a hearing scheduled next week, but apparently there are settlement negotiations taking place this week. Seems Mr. Murphy's charity will be able to wiggle out of being shut down if he agrees to some rather onerous conditions. Of course, if the Gaming Commission denies his appeal (hearing scheduled after the SOS one) for the decision to shutdown Boxcar Bingo, it will be moot anyway as the bingo operation is the funding mechanism for the so-called charity. Does anyone wonder if Tim Johnson is lobbying some of his former colleagues in the legislature to lean on the Gaming Commission? Just an honest question that I asked the barber as I thought out loud, not wanting to believe such things could happen in my beloved Magnolia state.

My barber took offense to my skepticism and promptly started sweeping the floor, making it clear I was more than welcome to take my unpleasantness elsewhere.

Copy of Order
Earlier Post
Earlier Post

Pallets upon pallets upon pallets. Plenty of 2 1/2 gallon and 1 gallon jugs. While you are there, go the Mexican section and buy some old Coke. Went in there eaaarly this morning and the front and water aisle were filled with pallets.

Sound off.

Pictures taken at 11:45 AM today.

I warned you 18 months ago the Democrats were looking at getting their greedy little hands on your retirement accounts to finance their deficit spending. Even their base is starting to get worried about the runaway deficit spending by the Obama/Geithner/Bernanke axis and how we can pay for it. Well, apparently Argentina's recent gambit of seizing private retirement accounts is an inspiration of sorts to these guys as Businessweek reported recently:

"The U.S. Treasury and Labor Departments will ask for public comment as soon as next week on ways to promote the conversion of 401(k) savings and Individual Retirement Accounts into annuities or other steady payment streams, according to Assistant Labor Secretary Phyllis C. Borzi and Deputy Assistant Treasury Secretary Mark Iwry, who are spearheading the effort..." Article

Anyone want to guess what those annuities include? Treasuries, the prime financial instrument used to finance deficit spending. The Fed has purchased over a trillion dollars in Treasuries and Fannie/Freddie bonds (which has kept mortgage rates low) since it initiated its policy of quantitative easing (printing up dollars to buy such bonds) nearly a year ago. However, the Fed can't keep creating money out of thin air to buy Treasuries forever and when it stops purchasing said securities, interest rates will rise.

Such a market is tempting for the Democrats as Investments News reports "Some $7.5 trillion is invested in 401(k) plans and individual retirement accounts, about half of which is invested in mutual funds." Mark Iwry of the Treasury Department wrote this paper a few years ago in which he advocated taking a portion of Americans' 401k plans and converting them to annuities. Bloomberg reported last week one of the main beneficiaries of such a policy would be.....AIG.

This announcement by the government stoked fears in the financial community and blogs that this is the government's way of putting its nose in the 401k tent. Rick Santelli mentioned Friday on CNBC the government was looking at forcing 401k-holders to buy Treasuries (See last 90 seconds of video above) but for some strange reason, CNBC did not put this clip on its website (Should be between the 11:00 and 11:15 clips Friday). His comments sparked much interest over the weekend and while some of it is undoubtedly hysteria, there is a great deal of justification for such fears, starting with a little hearing the Democrats held 18 months ago.

JJ reported last year Congressman George Miller, the Chairman of the House Labor and Education Committee, held hearings on abolishing the tax breaks for 401k plans and grabbing the money for the government. Earlier post. Read it. Professor Theresa Ghilarducci, the intellectual godmother of Miller's scheme, even stated on Mark Levin's radio show she wanted to "nationalize" 401k plans. Just as Cleopatra's gold financed Augustus's expansion of the Empire, so do Miller and his friends see your 401k plans.

Democrats hold hearings on abolishing the tax breaks for 401k plans. Their leading expert declares she wants to "nationalize" private retirement accounts. The Treasury official spearheading the effort to change retirement plans just happens to write a paper in 2008 that advocates forcing workers to buy annuities. AIG stands make a great deal of money as it will be one of the main companies to sell fixed-rate annuities to individuals. The government needs new methods to sell treasuries or else yields will go up, damaging the economy even more. Argentina last year seized private retirement accounts and told account-holders they would get a fixed-payment and IOU in return.

Is it any wonder people start worrying about their retirement accounts when the Obama administration announces it will ask "for public comment as soon as next week on ways to promote the conversion of 401(k) savings and Individual Retirement Accounts into annuities or other steady payment streams"? Motive, means, opportunity, and absolute immunity: the perfect combination for the perfect crime.

Need to file a bar complaint against a lawyer but can't find it online because of this policy by the Mississippi Bar: "To request a Complaint Form, e-mail gwaddle@msbar.org. Please provide a mailing address as Complaint Forms cannot be faxed or e-mailed." Never fear, Kingfish is here and so is a bar complaint form: Copy of bar complaint form. This public service has been brought to you by the law firm of Dewey, Cheatum, and Howe.

From NASA's website: "dust makes this cosmic eye look red. The eerie Spitzer Space Telescope image shows infrared radiation from the well-studied Helix Nebula (NGC 7293) a mere 700 light-years away in the constellation Aquarius. The two light-year diameter shroud of dust and gas around a central white dwarf has long been considered an excellent example of a planetary nebula, representing the final stages in the evolution of a sun-like star. But the Spitzer data show the nebula's central star itself is immersed in a surprisingly bright infrared glow. Models suggest the glow is produced by a dust debris disk. Even though the nebular material was ejected from the star many thousands of years ago, the close-in dust could be generated by collisions in a reservoir of objects analogous to our own solar system's Kuiper Belt or cometary Oort cloud. Formed in the distant planetary system, the comet-like bodies would have otherwise survived even the dramatic late stages of the star's evolution."

An MDOC employee stole nearly one hundred thousand smackers:
"The former chief medical officer for the Mississippi Department of Corrections may be headed to house arrest instead of prison after embezzling $94,745 from the department. Kentrell Liddell, 35, of Jackson pleaded guilty last month to 13 counts of embezzlement and was sentenced to 10 years in prison with eight years suspended.
Hinds County Circuit Judge Malcolm Harrison also ordered Liddell to pay $94,745 in restitution and a $5,000 fine to the Victims Compensation Fund. She will serve five years on probation after her release."

Unfortunately, it appears the state is going to place the Hippocratic thief under house arrest:
"Liddell reported Monday to the Hinds County Detention Center as ordered. But MDOC has yet to decide what to do about Liddell's sentencing....
"She qualifies for house arrest," MDOC Commissioner Christopher Epps said Thursday. "We won't treat her any different than anyone else. Everybody is looked at for house arrest."
With a sentence of two years, Liddell would be eligible for release in 10 months, Epps said.
The Intense Supervision Program, commonly referred to as house arrest, is for nonviolent offenders who are within 15 months of their earliest release date...
Epps, who hired Liddell as medical director for MDOC, said it would make sense to have Liddell on house arrest rather than incarcerated at Central Mississippi Correctional Facility in Pearl.
"She is no danger to the community or a threat," Epps said.
Liddell's safety would be a concern at the prison where she used to work, Epps said."We would have to have her in protective custody; she would be in lock down 23 hours a day," Epps said..."

The issue, Mr. Epps, is not whether she is a danger or threat, but the fact she was convicted of STEALING NEARLY $100,000. Mr. Epps' statement shows one of the main problems in Mississippi: everyone wants to lock up the guy who steals $500 by breaking into a house, and then throw away the key, while looking the other way when it's one of their own who stole $100,000 with the stroke of a pen. The wayward doctor should have received more than two years in the first place and the fact Judge Harrison handed out this light sentence is troubling in and of itself.

There is simply no way this criminal should not spend more time in jail. If Mr. Epps wants to place her under house arrest, then place her under house arrest but in a halfway house or something similar in the Delta, where there is a true need for her medical expertise. That's right, stick her thieving ass in a halfway house in Tchula or Anguila and make her care for the poor all day long and then go back to the same room every single night where someone is telling her what to do. No friends can come visit. No comfortable surroundings. No living in the big city. No restaurants, nightclubs, bookstores, or anything else to do for more than a few miles.

Steal $100,000 and stay at home for nearly a year? Good gig if you can get it. Mr. Epps should lock her up and stop applying a different standard to white-collar criminals.

Although its probably a day of mourning for Tories like Lotus, today is the anniversary of the Battle of New Orleans where Ole Hickory kicked the Redcoats' ass.

Here are the most recent IRS Form 990s for the following local charities as found on Guidestar.com:

Jackson Zoo, West Jackson Community Development Foundation, Jackson Academy, Mississippi Magic. Farish Street Heritage Festival

Jackson Crime Stats for week ending January 3, 2010.

Crime overview for same week.

Interested in the Deuce lawsuit but frustrated the media won't give you the whole story? Here is is: Complaint, Answer, Motion to dismiss, Nissan answer to counterclaim

For a collection of all posts on Evans case, see sidebar on right side of page. See bottom of posts for a synopsis of the Evans case.

The Evans case continues to heat up as Britton & Koontz Bank (Natchez) filed a lawsuit on December 22, 2009 against Mississippi Valley Title Insurance Company seeking to enforce a title insurance policy it purchased from Mississippi Valley Title and recover related costs. Britton & Koontz bought the policy for a loan it issued to Chris Evans. Mississippi Valley Title responded with a Motion to Compel Arbitration, citing an arbitration clause in the insurance policy. Copy of complaint

B&K granted a mortgage for $904,000 to Brashear Heath, LLC, a company owned by Chris Eavns on May 2, 2008. Deed of Trust. The bank argues the policy covered fraud and that it filed the claim pursuant to the notice provisions in the policy. Apparently Brashear Heath never owned the property that was the subject of the loan even though (and this is a familiar story) Charles Evans certified Brashear Heath ownded the land. The Natchez bank first filed a claim with the insurance company, sent a demand letter to Mississippi Valley Title seeking payment of its claim after the thirty day payment period passed, (Copy of letter is on page 16 of complaint.), and then filed suit in December after Mississippi Valley Title did not pay the claim.

Mississippi Valley Title answered with a Motion to Compel Arbitration on Janurary 4, 2010. The defendant cited a clause in the thirteenth paragraph of the title insurance policy. The clause cited states: "Either the company or the insured may demand that the claim or controversy shall be submitted to arbitration..." (See page 10 of the complaint for a copy of the policy.). Motion to Compel Arbitration, Memo in support of Motion to Compel Arbitration.

This lawsuit is the second case where Mississippi Valley Title and a bank are fighting over a title insurance policy in the Evans case. JJ reported last month on a dispute between the insurance company and the Bank of Forest over a mortgage issued on an Evans-owned property. Mississippi Valley Title also sought (and failed) to keep its lawsuit against Charles Evans in chancery court and has already opposed the trustee and a few banks on several motions in bankruptcy court. It is reasonable to assume a substantial percentage of the title insurance policies issued by MVT contain arbitration clauses. Thus it must be asked if Mississippi Valley Title is going to force banks to sue MVT for payment of claims so it can then use such an arbitration clause to its advantage. As arbitration is costly and strings out the process even further, is Mississippi Valley Title's motion merely an attempt to delay or force Britton & Koontz to settle a case for a lower amount and thus mitigate its damages?

Stay tuned.

Synopsis of Evans case (This feature will be included with future posts on Evans case): Charles Evans, Jr. was an attorney approved by Mississippi Valley Title Insurance Company to provide title certificates to MVT and lenders showing a borrower had clear title to property. MVT filed a lawsuit in September accusing his brother of using over 30 LLC's to obtain fraudulent loans from over 30 banks in Mississippi. Chris Evans would allegedly use one company to purchase a large tract of prime commercial real estate in Madison and Desoto Counties. Another company owned by Evans would obtain a commercial real estate mortgage on a smaller section of the tract yet that borrowing company never obtained a deed showing ownership of the land from the other company. Thus the smaller tract was actually non-existed as the larger tract was never actually subdivided. Charles would allegedly provide a title certificate however showing the borrowing company owned the land even though it didn't. Over 80 loans for nearly $50 million were issued by Mississippi banks to companies owned by Chris Evans for lands those companies either did not own. MVT has testified federal authorities are currently investigating the case. Chris Evans filed Chapter 7 bankruptcy on October 26, which stopped the Mississippi Valley Title's lawsuit against him as federal bankruptcy law stays most state civil court proceedings once a bankruptcy petition is filed. Mississippi Valley Title testified 65 title insurance claims for approximately $41 million have been filed by banks affected by the Evans case.

Had lunch at Tye's yesterday and ordered the hamburger. It was one of the best burgers I've ever had. Half-pound of burger so well-seasoned it really doesn't need onions, ketchup, or mustard. Seven bucks for that bit of heaven was a bargain compared to four bucks for some McTrash. Don't feel like waiting at Basil's or Keifer's downtown next time you're hungry? Walk next door and get a burger at Tye's.

I also ordered some hibachi takeout from Tokyo Express this week. Walked in, placed order, paid less then ten dollars, got a nice hibachi dinner to go in less than ten minutes and it was pretty good. Not quite as good as Little Tokyo but definitely better than some other hibachi grills in the Jackson area.

Here is the 2010 social calendar for the legislature. Lots of free grub and shindigs.

I'm not making this up. The Washington Post reported Monday:
"President Obama's chief counterterrorism adviser on Sunday defended the administration's decision to try in federal court the man charged with attempting to bomb an airliner on Christmas Day and indicated that he would be offered a plea agreement to persuade him to reveal what he knows about al-Qaeda operations in Yemen.

Umar Farouk Abdulmutallab, the 23-year-old Nigerian charged with the failed attempt on the Amsterdam-to-Detroit flight, was initially "talking to people who detained him" but now has a public defender and "doesn't have to," said on "Fox News Sunday."

"We have different ways of obtaining information from individuals" in the criminal-justice process, Brennan said on NBC's "Meet the Press." "A lot of people . . . understand what they're facing, and their lawyers recognize that there is advantage to talking to us in terms of plea agreements, [and] we're going to pursue that." Brennan told CNN's "State of the Union" that other terrorism suspects have "given us very valuable information as they've gone through the plea-agreement process."

Such lunacy is what happens when you treat terrorists strictly as criminals. What is the mission? To merely throw someone in jail or stop future terrorists attacks? If it is to stop future terrorist attacks, then the last thing we need to do is allow plea-bargains with terrorists. There are reasons why the Israelis never negotiate with terrorists. Chief among them is it gives the terrorist bargaining power. One can only imagine the terrorist holding out for a better deal in exchange for information on possible attacks. Brennan naively thinks the government can lean on the "suspect" as Obama called him and obtain valuable information.

Keep in mind these are terrorists that were more than willing to go back to allah. Jail doesn't mean much to those who were on suicide missions. Al-Qaida and its ilk will simply write a new chapter for their playbook: "How to trick and fool the U.S. Government with phony plea-bargain negotiations if you get caught." They will manipulate and abuse the judicial system even further because fools like Brennan (Anyone notice the irony here?) treat these terrorists as criminal suspects.

The fourth and fifth amendment exists to protect the rights of the accused. The rights of a suspect in a criminal prosecution should be protected. That includes the right to a lawyer, the right to remain silent, and other constitutional rights. However, terrorists such as Abdulmutallab usually have a great deal of information we need immediately. There is nothing wrong with excluding any evidence gained from ignoring his constitutional protections from court. However, that does not mean we should tie our hands behind our back and use other interrogation techniques to obtain information about his terrorist network and other plots that might be in action. Plea-bargaining with terrorist is nothing but a recipe for disaster.

Some business owners in town are going to blame me if someone acts on this story but what the heck. The ADA is apparently being used as an excuse by pet-lovers to take their dogs anywhere they want to in San Francisco:

"San Francisco has become a city filled with "service animals," meaning the owner has a permit that allows him or her to take their dog, cat, or snake (seriously) into restaurants, libraries, and often even rental properties that don't allow pets.....

The ADA legislation, enacted in 1990, is so vague that it has created two classes of service animals. The first is for animals that perform a specific task - Guide Dogs for the Blind, wheelchair assistance, hearing dogs, and animals that can detect medical emergencies, like seizures, and summon help.

The problem is the second classification - emotional support animals. All animals - lizards, chickens and snakes - have been designated service animals because they lend emotional support to the owner. In most cases they have no task-specific training...." Article

For a collection of all Evans posts, see sidebar on right side of page. See below for a synopsis of the case.


For an audio recording of the hearing, listen to hearing here or click on the play button above.

Nutshell: Several banks victimized by the Evans brothers want to use the powers under Rule 2004 of the bankruptcy code to look at claims filed with MVT in the Evans case and investigate the relationship between Evans and MVT. MVT strongly objected. Judge said they were entitled to the information but couldn't go on a "fishing expedition."

The scrum continues between Mississippi Valley Title Insurance Company and several banks in the Evans case. A hearing was held Wednsday on a motion filed by Merchants & Farmers requesting a 2004 exam of Mississippi Valley Title. The motion asked that Mississippi Valley Title for any "surveys, plats, maps, diagrams, reports, title reports, or documents relating in any way to the ownership of any of the properties at issue in the lawsuit." However, M&F didnt' stop with asking for documents but also requested "Any analyses of claims made against Mississippi Valley Title Insurance Company and/or Old Republic National Title Insurance Company relating in any way to Jon Christopher Evans or his related entities." State Bank, Bank of Forest, Cadence Bank, Copiah Bank, and Bank of Yazoo joined in the motion.

Rule 2004(a) of the U.S. Bankruptcy Code states "On motion of any party in interest, the court may order the examination of any entity." Rules of Bankruptcy. MVT is the only party besides Chris or Charles Evans that has a true idea of the amount and number of claims, the properties involved, and the extent of any fraud that took place. The banks are thus attempting to use rule 2004 to learn exactly what is in MVT's hand as it adjudicates title insurance claims filed by banks victimized by the Evans brothers.

The hearing began with Judge Olack stating "every single person known to mankind has joined in (this motion)." David Clark, the attorney for MVT, repeatedly clashed with attorneys Jeff Rawlings (M&F) and Kristina Johnson (State Bank, Bank of Forest, Holmes County Bank) over how much information should be released to the banks. M&F's request for "Any manuals, guidelines, procedures, recommendations or other documents or things relating in any way the internal controls and procedures of Mississippi Valley Title Insurance Company or Old Republic National Title Insurance Company as to title policies issued by approved attorneys from January, 2003 to date" in particular drew his ire as he repeatedly accused Rawlings and Johnson of seeking information they didn't need. Copy of motion

Clark said Rawlings was "asking for the world" and Mississippi Valley was not about to give its competitors copies of its manuals. (The question thus must be asked that given the amount of alleged fraud committed by the Evans brothers, why exactly would a competitor want such information other than as an example of what not to do?) Clark claimed the request went "far beyond the scope of a 2004 exam" and objected to all requests for manuals and procedures. Clark accused Rawlings and the banks of attempting to conduct discovery under the guise of the 2004 exam.

Clark didn't state what the alleged discovery was for but it doesn't take a genius to figure out what he means: a potential action by the banks against Mississippi Valley Title for negligence or collusion and that the banks were using the 2004 exam as an excuse to conduct the discovery it would pursue in such a lawsuit and the fact they weren't interested "in things relating to their claims." At this point, it became obvious Mr. Henderson, the trustee who was participating via telephone, was in a tree stand and multitasking from a field afar as a specimen of wildlife made its presence known by quacking loudly.

Rawlings stepped up to bat and immediately started swinging at Clark's client. He said "I suspect they don't want to give us anything" and that MVT did not want to give them any documents. The M&F attorney said Mississippi Valley said only $45 million in claims were filed against it even though there were over $80 million in loans that were issued to the Evans brothers and that either the banks or the insurance company were going to have to eat the difference.

Rawlings said "they (the banks) want to know what they know and when did they know it" and accused Mississippi Valley Title of withholding important information from the banks who loaned money to Chris Evans. Rawlings demanded to know why MVT named Charles Evans "Agent of the Year" and "when did MVT audit Charles Evans". Mr. Rawlings also revealed Mississippi Valley Title has not paid any of their claims and sources have informed JJ many other banks have not received payment for their claims as well. Rawlings and Johnson repeately told the Court they wanted to know the relationship between Charles Evans and MVT. Johnson claimed MVT knew much more than the banks and wanted to protect their claims against any actions taken by MVT.

Judge Olack said he didn't want an "expensive fishing expedition" but the banks "had the right to determine what happened". Judge Olack said "they are entitled to some historical information and documentation about the relationship between Mississippi Valley Title, the debtor, and Charles Evans.... They need to fill the blanks in..." The Judge also said the banks were entitled to learn what the "supervision" of Charles Evans was. Judge Olack repeatedly used the word "entitled" in ruling that under Section 510(c) of the U.S. Bankruptcy Code, the banks could obtain this information. Code

Rawlings told the Court MVT had been in the "claims process for four months. They've got to know some things" and could not keep saying it "was not sure" about what happened. The lawyers for the banks said Mississippi Valley Title was "not talking" and refused to meet with all of the lenders." Clark appeared befuddled at times as he told the Court he didn't know what the banks wanted or why they needed the requested information. He repeatedly told the Court his client did not want to give out information on how its internal controls and auditing of "approved attorneys" such as Charles Evans to its competitors. It was a stark contrast to the sharp performance of Mississippi Valley Attorney Bill Brabec in the Yazoo City hearing in October. It also led one to wonder if the use of 2004 exams was why Mississippi Valley Title sought to keep the complaint against Charles Evans in state court.

Judge Olack ruled the 2004 exam will be limited to a reasonableness standard and that Mississippi Valley Title Insurance must provide the following to the banks:
1. List and policies from Mississippi Valley Title Insurance of the insured properties.
2. The status of each and an analysis of each lien as well.
3. An appraisal if one was made.
4. Any surveys made.
5. Any chancery court filings.

The Court ruled the banks had a right to know what was in the file for each loan and also had a right to examine the documents forming the basis for MVT's lawsuit against Charles Evans. The Court said it wasn't going to rule on the issue of MVT's manuals, internal controls and procedures at this time, but wanted to see how his order handled matters before he took that step.

That is the reporting of the hearing, now for some commentary as I'm attempting to keep the two separate. An interesting situation has developed in that several banks are lined up in a bankruptcy case on one side and Mississippi Valley Title on the other. Mississippi Valley Title is literally a Mississippi institution. Although Mississippi Valley Title has claims reserves of less than $40 million, the policies issued by MVT were jointly issued with its parent, Old Republic, which has substantially larger reserves. (Old Republic can easily cover the claims on this case.) However, as payment of the claims is the equivalent of MVT's claims reserves, the question then become at what point does Mississippi Valley Title become an albatross to Old Republic.

A company such as MVT is a drop in the bucket to a large multinational corporation such as Old Republic. The Citis and Chases shut down Mississipi Valley Titles all the time without even batting an eye. (I've seen it happen personally more than once.) The other dilemma for MVT is if it plays hardball and denies as many claims as possible, it then must return to those same banks for future business. It would be reasonable to expect any banks who saw their claims denied in this case or were sued by MVT to seek non-issuance of a policy (as happened to Bank of Forest) on an Evans property aren't going to be in a hurry to ask MVT to underwrite any more title insurance policies.

One rarely sees such a slugfest in Mississippi where so many companies that are literally considered historical institutions of a sort are going to battle. However, it's also not every day a title insurance company is at risk of paying tens of millions of dollar or a local bank is facing the possibility of eating five milion dollars if its title insurance claims are not paid.

Note: The Mississippi Business Journal also has a pretty good story about the hearing.


Synopsis of Evans case (This feature will be included with future posts on Evans case): Charles Evans, Jr. was an attorney approved by Mississippi Valley Title Insurance Company to provide title certificates to MVT and lenders showing a borrower had clear title to property. MVT filed a lawsuit in September accusing his brother of using over 30 LLC's to obtain fraudulent loans from over 30 banks in Mississippi. Chris Evans would allegedly use one company to purchase a large tract of prime commercial real estate in Madison and Desoto Counties. Another company owned by Evans would obtain a commercial real estate mortgage on a smaller section of the tract yet that borrowing company never obtained a deed showing ownership of the land from the other company. Thus the smaller tract was actually non-existed as the larger tract was never actually subdivided. Charles would allegedly provide a title certificate however showing the borrowing company owned the land even though it didn't. Over 80 loans for nearly $50 million were issued by Mississippi banks to companies owned by Chris Evans for lands those companies either did not own. MVT has testified federal authorities are currently investigating the case. Chris Evans filed Chapter 7 bankruptcy on October 26, which stopped the Mississippi Valley Title's lawsuit against him as federal bankruptcy law stays most state civil court proceedings once a bankruptcy petition is filed. Mississippi Valley Title testified 65 title insurance claims for approximately $41 million have been filed by banks affected by the Evans case.

Well, they just couldn't resist. The Jackson Free Press just had to go after Alan Lange's book, Kings of Tort. Let the games begin. Lynch goes after the Minor prosecution, the Republicans running the Justice Department, the chamber of commerce and almost every other goblin that makes him wet his bed at night but strangely avoids any mention of the Scruggs scandal in his "critical" review of a book that is mainly about the.......Scruggs scandal.

Well, David Hampton wrote his predictable column in the Clarion-Ledger yesterday calling for the legislature to raise taxes. He calls for increasing corporate income tax, top level of personal income tax, the "low" gaming tax, even a tax on cokes (that is cokes, not coke) is suggested (Column). However, there is one little tax exemption he fails to mention: the tax break newspapers get on sales taxes. You know, that part of the Mississippi Code that reads "Sales of daily or weekly newspapers, and periodicals or publications of scientific, literary or educational organizations exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1954, as it exists as of March 31, 1975, and subscription sales of all magazines." SEC. 27-65-111(b)

I am sick and tired of liberals trying to raise our taxes while they sit back and rest their tax-free feet on our overtaxed backs. What? The Clarion-Ledger is in trouble! We can't raise their taxes. They might go under. Well, they seem to have no problem with sinking other businesses. It's about time journalists and others who benefit from living free off the rest of us lead by example if they want to help solve our budget crisis. Want to raise our taxes, Mr. Hampton? Fine by me. However, let's raise yours first.

Repeal the sales tax exemption for the newspapers.

Want to see if your local government in Mississippi is spending too much on fees whenever it issues or refinances bonds? Here is the 2008 Annual Report on Bond Issuance Expenses issued by the Department of Finance and Administration. Mississippi tradition is that services associated with bond transactions are not opened up for competitive bidding. Anyone want to bet that despite the current widespread budget problems in Mississippi no local governments will actually change their ways?

The spam is starting to get out of hand so I'm implementing the word verification system for awhile. It sucks and I hate it but I don't see no other choice for awhile. My apologies to the faithful readers.

Got a new BB Bold 9700 last week. Love the phone. Trackpad is a huge improvement over the trackball, and I liked the trackball. Copying and pasting is much easier. Browser is still weak and I recommend still downloading Opera Mini if you want to surf the net. Was able to put my itunes on it and convert it to an ipod as well. Felt like a traitor for abandoning my Curve 8310 but I'd had it for two years. Thing was built like a Cadillac because it took a ton of punishment, including being dropped in water, and still ran like a top. Camera on the 9700 is very good and the picture is clear on the screen. Very good smartphone.

Jackson crime stats for week ending December 27, 2009.

Major crimes overview for week ending December 27, 2009.

TheStar.com, a Canadian publication, reports on how security experts think the United States is using a misguided approach to airport security which focuses on humiliating and time-consuming passenger screenings when the Israelis perfected a more secure and efficient system many years ago:
"When the security agency in Israel (the ISA) started to tighten security and we had to wait in line for — not for hours — but 30 or 40 minutes, all hell broke loose here. We said, 'We're not going to do this. You're going to find a way that will take care of security without touching the efficiency of the airport."

That, in a nutshell is "Israelification" - a system that protects life and limb without annoying you to death...."

It's a system focusing on behavioral analysis and yes, profiling, except this form of profiling is based on behavior, not skin color or ethnic group. In other words, you act funny, someone will notice:
"You are now in the terminal. As you approach your airline check-in desk, a trained interviewer takes your passport and ticket. They ask a series of questions: Who packed your luggage? Has it left your side?

"The whole time, they are looking into your eyes — which is very embarrassing. But this is one of the ways they figure out if you are suspicious or not. It takes 20, 25 seconds.." Article

The advantages of this system is it's fast and designed to get passenger to airplane within 25 minutes "from the parking lot to the airport lounge." Wonder if this system would work here.

"COPENHAGEN (AP) — The police foiled an attempt to kill an artist who drew a cartoon depicting the Prophet Muhammad that sparked outrage in the Muslim world, the head of Denmark’s intelligence service said Saturday.

Jakob Scharf, who heads PET, the Danish intelligence service, said a 28-year-old Somalia man was armed with an ax and a knife when he tried to enter the home of the artist, Kurt Westergaard, in Aarhus on Friday evening.

The attack on Mr. Westergaard, whose rendering was among 12 that led to the burning of Danish diplomatic offices in predominantly Muslim countries in 2006, was “terror related,” Mr. Scharf said in a statement.

“The arrested man has according to PET’s information close relations to the Somali terrorist group, Al Shabab, and Al Qaeda leaders in eastern Africa,” he said..." Article

Since Ronnie Agnew doesn't have any backbone, I've published one of the cartoons in question for you.

Linda Harmon's former home on 2027 Petit Bois is again listed for sale. How low can it go? This home was sold (An earlier post showed how mortgage fraud probably took place.) in December 2006 for $900,000. A payment was never made and the home later went into foreclosure. It was sold in September 2008 for $373,500. The house was then put up for sale at $369,900 (see picture of listing in this post). The home was then listed a two months ago for $275,000. Unfortun- ately for the home, the merry-go-round continues as it is now listed for $225,000. Oh, and Ms. Harmon? She is still in custody in Williamson County Tennessee. See earlier post