Now who is the girl who started this little commotion?
Saturday, May 8, 2010
Ole Miss Student Union Jai Ho Break-out
Apparently some Republican refuse to grow up
Found this little ole GOP website. Can't figure out if it was put up by the Dekes or Tekes.
Click Here to Read More..
Friday, May 7, 2010
Time to return fire
Apparently Mr. Karl Banks has been upset over my previous posts on his land dealings and votes in Madison County. I've been called a "coward" and "unfit for humanity". I found the last term funny coming from someone who was arrested for domestic violence in 2002. Last time I checked, I was never accused of beating my wife. However, I digress.
It seems some think I've been accusing Mr. Banks of "profiting" from his land. I've done no such thing for one very simple reason. Until Mr. Banks actually leases or sells his land, he makes no profit on the land, a fact that seems to escape some reporters, although he does earn a larger tax bill on reassessment if the value has increased.
I have reported the land belonged to members of the Banks family before 2005. However in 2005 Mr. Banks and his brother Fred formed an LLC that took title to the property in question. Property two thousand feet away from Calhoun Station Parkway and adjacent to the site for a proposed water park. I don't think there is anything shady about Mr. Banks owning land. Its been my contention that too many black leaders push a liberal theme of government dependency that has harmed the black community so I am all for someone like Karl Banks leading by example and putting his money where his mouth is when it comes to earning a living.
Where I have the problem is Mr. Banks voting on anything pertaining to Calhoun Station Parkway and the water park (which the school board declined to approve). Although those are not his properties, it is quite clear they will increase the market value of his adjacent land, something he can not fail to notice. It would be no different than a supervisor in 1965 owning a large tract of land two thousand feet from E. County Line Road and then voting for every motion that came before the Board to expand the road, install water, sewer, and other utilities, and make other improvements that would open up his land for development. Mr. Banks voted over 15 times for such motions.
The issue is not Mr. Banks owning land but whether it is ethical, even if legal, for him to cast these votes and in many cases, propose the motions himself. It is my contention such votes are not ethical and therefor grounds for calling for his resignation. Governor Mabus tried to fire General Farmer for similar issues twenty years ago. I thought his logic was sound then and think it is sound now as Mr. Banks sits in a position of public trust and should avoid any appearance of a conflict of interest. As stated earlier, Mr. Banks is well within his rights to own such land. However, he should have recused himself for any such votes to avoid any appearance of such a conflict.
It is also my opinion Mr. Banks broke the law by not disclosing on his economic interest form his ownership in Miller Banks Realty and any land holdings associated with the company. It is regrettable the other supervisors, including gadfly D.I. Smith, were silent when this arose at the meeting Monday. However, I still stand by my earlier position regardless of Mr. Banks insults and diatribes.
Earlier Post, Earlier Post I
Thursday, May 6, 2010
Meredith Whitney Interview
As usual, Meredith Whitney is very insightful and on the money. Listen to her if you want to know how the economy will be in a few months.
Pogue estate settles w/Irbys in Rankin County, sealed.
Motion for settlement and release was filed in the Chancery Court of Rankin County in the estate of Daniel Mark Pogue in the Irby case on April 15, 2010. Earlier post on probate action. The court approved the settlement and also agreed to seal the settlement. The file is not sealed, just the settlement.
Click Here to Read More..
Congratulations to Linda Francombe
Congratulations to Linda Francombe, the mother of Heather Spencer. She gave birth to her son, Memphis, a few days ago. He weighed in at 7 lbs, 7 oz and measured 20 inches long. Linda is a very special lady and its nice seeing something like this happen in her life. Dad, Mom and baby are healthy as can be.
Wednesday, May 5, 2010
Oil slick update
Tigerdroppings.com now has an Oil Rig Disaster Forum on its website. TD has 15,000 LSU fans as members and many of those are in the oil industry and "up" on what is going on in the gulf. Many informed comments are posted. This post has a good explanation of what probably happened. It was likely the cement that was poured, not the BOP and the cement somehow prevented the BOP from working properly.
Click Here to Read More..
Tuesday, May 4, 2010
Billy Redd running for Tim Johnson's seat
Billy Redd, local pest control magnate ;-), announced last night he will run for the office of District 2 Supervisor in Madison County. Tim Johnson is the incumbent but announced he is not running for reelection.
Speaking of Madison County, apparently yours truly was the subject of much commotion at the meeting of the Madison County Board of Supervisors yesterday, as copies of the map I posted about land owned by Supervisor Karl Banks that just happens to be situated next to the proposed site for the water park and Calhoun Station Parkway were passed out. Apparently Mr. Banks went into a tirade about "cowardly bloggers" and used other colorful language. Nice to know I am loved after all.
Now its down to Ten Finalists in the Businesswoman's poll.
Well, the poll for top businesswoman in the Jackson area is over. It received the most votes out of any poll in JJ's history: 1156 votes. More than even the Hottest Reporter Poll. Susan Lunardini did very well but now she has to make it through the finals to win. I have whittled the results to ten finalists:
Susan Lunardini (Southern Consultants), Bridget McCart Tisdale (Easily Amused), Lisa Kirk/Heather Miller (Cups), Alexandra Wilkes/Leslie Decker (Alex & Lele), Pamela Hancock (Attorney), Jennifer Corson (Stages Magazine), Judy Lindsay (Beyond Therapy Group), Jessie Long/Amanda Quarles (Dirty Hippie Soaps), Suzanne Moak (Smoak Salon), Connie McCaa (Lasik Doctor). I'm in the middle of collecting bios so if any of the finalists want to send me a photo and a quick bio or description of their company, feel free to do so at kingfish1935@gmail.com.
I was a little surprised by the results as I thought Gail Pittman would garner more votes and Linda Graham would as well. Jill Conner Browne getting only six votes was a huge surprise to me as well. Here are the results.
Linda Graham (Coldwell) | 13 (1%) |
| April Davidson (Mortgage 1st) | 1 (0%) |
| Margaret Byrd (Mortgage Connection) | 2 (0%) |
| Jessie Long/Amanda Quarles (Dirty Hippy Soaps) | 57 (4%) |
| Michelle Austin (Repeat Street) | 11 (0%) |
| Rebecca Laskin (Laskin Therapy) | 6 (0%) |
| Suzanne Moak (Smoak Salon) | 64 (5%) |
| Myung Cockrell (Prof. Alterations) | 37 (3%) |
| Lisa Kirk/Heather Miller (Cups) | 85 (7%) |
| Charlotte Smith (R.E.) | 5 (0%) |
| Jill Conner Browne | 6 (0%) |
| Patty Christie (Patty Peck) | 8 (0%) |
| September Moore (Wireless Style) | 4 (0%) |
| Susanne Moore (Moore Smiles) | 3 (0%) |
| Liz Henry (Liz Henry Jewelry) | 6 (0%) |
| Amanda Overby (Overby Co.) | 8 (0%) |
| Judy Lindsay (Beyond Therapy Group) | 62 (5%) |
| Liza Looser (Cirlot Agency) | 20 (1%) |
| Jude Muse (Treehouse) | 10 (0%) |
| Alexandra Wilkes/Leslie Decker (Alex & Lele) | 80 (6%) |
| Lauren McGraw (McGraw Gotta Go) | 13 (1%) |
| Barbara Page (Fanin Mart Emeritus) | 5 (0%) |
| Noreen Bozeman (Ins) | 2 (0%) |
| Elizabeth Bryant (Sincerely Yours) | 6 (0%) |
| Susan Lunardini (Southern Consultants) | 124 (10%) |
| Anne Prewitt (Realtor) | 1 (0%) |
| Bebe Wolfe (Wolfe Studios) | 8 (0%) |
| Pamela Hancock (Atty) | 64 (5%) |
| Ronnie Davis (Inside Story) | 4 (0%) |
| Karen Gilder (Portico) | 27 (2%) |
| Nancy King (Nandy's Candy) | 13 (1%) |
| Christina Gannon (One Blu Wall) | 2 (0%) |
| Kay Lee (Finishing Touch) | 1 (0%) |
| Joanne Hartley (Molecules) | 0 (0%) |
| Sarah Lofton (Lofton Advert.) | 2 (0%) |
| Jackie Bland (State Farm) | 1 (0%) |
| Toni Cooley (Systems Electrocoating) | 12 (1%) |
| Myrna Alexaner (Jackson Cardiology) | 3 (0%) |
| Bridget McCart Tisdale (Easely Amused) | 94 (8%) |
| Gail Pittman | 34 (2%) |
| Sherri Hilton (Persnickety) | 8 (0%) |
| Ginger Green (Kolbs) | 1 (0%) |
| Cheryl Hill (Images) | 0 (0%) |
| Kristin Tubb (Orange Peel) | 7 (0%) |
| Misti Garner/Ginger Wartes (Migi's) | 7 (0%) |
| Jennifer Simmons/Kathryn Shamburger (Pink Bombshell) | 29 (2%) |
| Connie McKay (Lasik Dr.) | 46 (3%) |
| Jennifer Corson (Stages Mag.) | 56 (4%) |
| Glenda Barner (Sugar's) | 4 (0%) |
| Alyson Swalley/Alice Harrigil (Party City) | 2 (0%) |
| Paula & Sybil Coe (Keifers) | 16 (1%) |
| Diann Alford/Two Sisters | 7 (0%) |
| Tracy Szilasi (Maison Weiss) | 1 (0%) |
| Cherry Deddens (R.E.0 | 5 (0%) |
| Katie Stafford (Mary Moment Photo.) | 8 (0%) |
| Jeanelle Caraway (J. Caraway Photo) | 7 (0%) |
| Gale Fisher (Wavelengths) | 9 (0%) |
| Lamia (Lamia's Boutique) | 1 (0%) |
| Vickie Graves (AMS Mortgage) | 5 (0%) |
| Nancy Boyll (New Summitt) | 4 (0%) |
| Cindy Clegg (Catered Affair) | 4 (0%) |
| Olga (Olga's) | 25 (2%) |
Friday Night: Pepsi Pops
The gates to the park will open at 4:30 p.m. and the evening’s special guest hosts Maggie Wade, Marshall Ramsey and Jeff Good will introduce the pre-concert entertainment, which will include performances from top area musicians including hits from the 50’s, 60’s and 70’s by the band Silver and the JSU Vocal Jazz Ensemble.
Children will have their own special activities area, the Pepsi Playground, which will be open from 5:00 to 7:00 p.m. In addition to a space jump and slides, children can enjoy a number of other games and activities.
At 7:30 p.m., Maestro Crafton Beck and the MSO will take the stage for a rousing concert that will include a Beatles tribute, movie music from Pirates of the Caribbean, Harry Potter, and Spiderman, plus patriotic marches by John Philip Sousa, culminating in a fantastic fireworks finale.
Tickets may be purchased at Kroger grocery stores, BeBop Records and the MSO office. Ticket prices are $12 for adults when purchased in advance; $15 at the gate. Children’s tickets (ages 4-18) are $5. Children under the age of four are free.
For tickets and additional information, please contact the MSO office at 601-960-1565 or visit www.msorchestra.com.
Is government becoming alienated from the people?
This is the question asked by Peggy Noonan in a recent column in the Wall Street Journal. She fears the government, regardless of party, is becoming more and more isolated from the rest of America:
"We are at a remarkable moment. We have an open, 2,000-mile border to our south, and the entity with the power to enforce the law and impose safety and order will not do it. Wall Street collapsed, taking Main Street's money with it, and the government can't really figure out what to do about it because the government itself was deeply implicated in the crash, and both political parties are full of people whose political careers have been made possible by Wall Street contributions. Meanwhile we pass huge laws, bills so comprehensive, omnibus and transformative that no one knows what's in them and no one—literally, no one—knows how exactly they will be executed or interpreted. Citizens search for new laws online, pore over them at night, and come away knowing no more than they did before they typed "dot-gov."
It is not that no one's in control. Washington is full of people who insist they're in control and who go to great lengths to display their power. It's that no one takes responsibility and authority. Washington daily delivers to the people two stark and utterly conflicting messages: "We control everything" and "You're on your own...."
No one. Which the American people have noticed, and which adds to the dangerous alienation—actually it's at the heart of the alienation—of the age...." Column
Noonan makes some great points. The ethanol situation oddly enough is a perfect example of what ails this country. Thanks to the ethanol lobby, we now are using up a substantial part of our food supply for fuel. What is the result of this so-called quest for energy independence? Higher food costs as our food supply shrinks, fuel for engines that is not as efficient it once was, tariffs of fifty cents a gallon on imported ethanol to "protect" the ethanol industry, and higher fuel prices. Meanwhile, no one in our government pays attention after they cash the checks from the ethanol lobbyists. It doesn't matter if its ethanol, immigration, health care, bailouts, the cycle is repeated over and over. Click Here to Read More..
Monday, May 3, 2010
Is this lil company the lil Engine that Could?
Is Inventive Solutions, LLC the little engine that could save the Gulf Coast? Inventive Solutions is the creation of California resident Paul Vaughn. Mr Vaughan claims his company invented a chemical that can disperse oil slicks such as the one currently in the Gulf of Mexico without harming any fish or the environment.
I spoke to Mr. Vaughan last night as I'd known his daughter and son-in-law for years through our LSU tailgating group. His company perfected a process in North Carolina for the treatment of hog wastewater. Treated the wastewater so well it could be used again by the hogs as drinking water. In California his company created a chemical that could disperse diesel spills. IS filed the patent application several weeks ago.
Mr. Vaughan said they created a new chemical that disperses petroleum spills without any toxicity. He stated the chemical was tested in fresh and salt water tanks containing fish. The fish completely survived and the oil disappeared.
Unfortunately for Mr. Vaughan, his company is a small one that lacks the media resources and connections possessed by large corporations. He has been screaming for some time about his chemical but no one has noticed. Someone from Jindal's office finally called him over the weekend and a demonstration is scheduled for Thursday (It is open to everyone and will be videotaped.). Unfortunately, BP learned of it (probabably from Jindal's office) and visited the company in the last 48 hours. The terms were BP gets 90% of everything as well as the credit and if they don't, well, ever heard of the term blackball?
Hopefully, someone in Barbour's office will see this post and investigate whether this company can help save the Gulf from a disaster.
Company website
More info on the product
Saturday, May 1, 2010
Oil slick update
BOP Valve
This thread on Tigerdroppings.com has provided more useful information and news about what is going on with the oil slick and the efforts to shut down the leaks than anything I've seen on tv. A great deal of informed discussion. Here are some good comments I've seen so far. Start on page 53.
I just received word that the additional use of an accumulator failed to close the hydraulic ram in the BOP. Apparently the hydraulic rams in the BOP are damaged. The rams are used to shear the riser and cut off flow. Apparently the step that is being taken now sub-sea is to cut the riser pipe and install a "smart flange" with a valve assembly. Once the mechanical flange is attached to the remaining riser the valved can be closed to shut off flow. This is easier said than done. If you've ever seen the movie Hell Fire with John Wayne then you'll have a good idea of how it's done on land. Now add 5,000 feet of water and 5,000 bbls/day flow to contend with and this task is extremely difficult (and slow). Let's just hope they (oceaneering) can get it done
These things aren't exactly small, or light weight. As it is a BOP stack is 15-20ft tall, and weights 40,000+ lbs. There's plenty of physical room on a subsea application on bottom, but one can't forget that all that has to be handled, stored, maintained topsides.
I dont' see what a second manufacturer buys anyway. The BOPs are all live tested with actual pipe on FAT. They are a remarkable simple device. They either work or they don't.
(referring to picture above) his is the actual BOP down on the well. The upper assembly, with the shiny stainless panel, is the LMRP, Lower Marine Riser Package.
The lower assembly, with the yellow cylinders, are the rams.
Above the LMRP is a connection called a flex joint that allows the riser going to the surface to move slightly while connected to the BOP.
Underneath the BOP, there is the wellhead connector.
There are at least four ROV vessels on top of this wellhead. I believe each vessel has two ROV's.
There is and has been alot of work going on with trying to shut the BOP rams.
More assets are moving to the field to assist and go to a Plan B if you will. Reference an earlier poster regarding a large torque tool.
I'm pretty sure the LMRP is still on the BOP. There are hydraulic reservoirs that have been put on the sea floor for the ROV's to use in their operations with the BOP.
Deepest Atmospheric Dive Suit (hardsuit) dive is 2000', I think, to date. U.S. Navy.
The BOP get's lowered to the sea floor by the riser. Each riser piece is roughly 90' tall. So they make connection by connection until it's close to the well head. The last riser piece on the surface get's connected to rigs control systems and tensioners. The tensioners then lower the BOP onto the wellhead to be latched up.
In order to get the LMRP off of the BOP, They will need to cut off the riser that has fallen to the sea floor. Before any of that happens, they'll need to shut the well in.
I'm thinking nothing will be released to the press until they are in the clear with shutting the well in.
that survivor just told alot. the only problem is, he just gave everyone, who knows a little about the drilling industry, an idea of how t.o. dropped the ball. you see, after you open the annular, you'd better be monitoring the flow of the well. your pumps are off. if the well is still flowing, something is wrong. so, you close he annular, get on the choke, and close the diverter bag under the rig floor.
oh oh...
Blowout preventer was closed.
When it is opened back up if the well shows signs of flowing
i.e. saltwater coming back up well
You had better close the BOP back and
divert the flow of the well over board and not thru the rig floor.
So what happened here
They closed the BOP to test the well pressure/ cement job.
The BOP was opened the well was showing signs of life and they didn't catch it. A gas bubble came up thru the well. AS it gets higher in the well it expands and speeds up like a run away freight train. Faster and faster almost to the speed of sound, the whole time getting bigger and bigger. The since it isn't diverted over board it comes up thru the rig floor. The rig is flooded with natural gas. The slightest spark sets it off and here we are.
He is not an engineer. I will not speak further because I do know him. He did an excellent job of explaining everything. But what I don't want people to think is that this occurred because someone on the rig missed the signs of the kick.
There was zero time to react for these gentlemen. They did as they were trained to do but as "James" said this was a HUGE kick. Larger than the safety mechanisms were designed to hold.
i would love to see the report because james said that they opened the annular after testing.
after you open the annular, you have to monitor this well intensly. you can't become complacent after cement is poured and riser is displaced. so, if there is a kick, no matter how big, the well will flow and you will see it if you are looking.
I do not want to discuss too many details I am aware of but by the time the attempted to close in the well the BOP did not function. This was attempted on the rig floor as well as on the bridge where the 2nd BOP panel is located. Both attempts failed to close the rams. I have only heard estimates but the kick they took was MASSIVE. Off the charts.
There was only a window of 30 or so seconds from mud spewing through the top of the derrick and attempts are being made to close the well to the explosion wiping out everything on the rig.
The annular is short for Annular blowout preventer. It does close off the annulus. (Space between the casing and outside of the drill string) If there is no drill pipe or tubing string across the annular preventer, it will close to seal the whole area. (Hole)
will assume that all you know about the oil and gas industry is that you can pull up to the gas pump and fill your vehicle with the gas that is processed with the oil that is brought to surface by the oil wells in the Gulf.
The Operator (BP) hires out Transocean to drill a well for them. They work very closely together in all decesion making and planning. They have BP reps on location as well as Transocean Reps. They have meetings several times a day with the folks in the office to discuss current operations and operations moving forward, as well as any unplanned events. They were well aware of the downhole pressures. Everyone was, that is the only way they could have drilled it. They used proper mud weights to offset the reservoir pressures to drill the well safetly. You make it sound like BP hires Transocean and tells them. "Hey I want a well drilled at this location, go drill it and let me know when you are done"
More basic info
Today's reading of the health care bill
Here is today's reading of the health care bill. If you are reading this for the first time, I've been reading the health care bill page by page and posting each reading here so you can follow along. Most of you don't have time to read a 2500 page bill so I'm taking this slowly and digesting each section online. After we read the health care bill, we will then tackle the reconciliation. Unfortunately, they are not combined into one text yet so this is how we have to do it. See the sidebar on the right side of the page for a collection of all readings.
Page 165. Part III- State Flexibility Relating to Exchanges.
Page 165. Section 1321: State flexibility in operation and enforcement of exchanges and related requirements. Nothing really new here. Secretary will establish standards and regulations for the operation of the exchanges. There is some confusion as to whether the state is required to establish an exchange. Section (c) on page 166 covers the "failure to establish exchange or implement requirements." Section (A) on page 167 refers to a state as "if a state is not an electing state" so the states may have some choice after all on whether to establish an exchange. The bill states on section (c)(1) on page 167 that if a state does not establish an exchange, the federal government will "establish and operate such exchange within the state". Can the feds selectively preempt an area of regulation? Interesting question. The question must also be asked if a state chooses to operate its own exchange but does not accept the federal money if its exchange is regulated by this law.
Page 169: Section 1322: Federal program to assist establishment nad operation of nonprofit, member-run health insurance issuers. This section establishes COOP's for the purpose of creating non-profit health insurance plans in every state. The government shall use the COOP to funnel loans and grants so such nonprofits and cover "start-up costs" and meet "solvency requirements". There will be at least one nonprofit health insurance plan established in every state (p. 170). Any nonprofit receiving such funds is banned from lobbying or marketing activities. IF the nonprofit doesn't follow the guidelines, the government will force it to repay 110% of the grants and loans AND interest AND can revoke the tax-exempt status.
A "qualified nonprofit health insurance issuer" (p.175) is organized under a state's nonprofit laws and issues insurance for the individual and small group health markets. It can not be a health insurance issuer as of July 16, 2009 or if it was sponsored by any government agency. The nonprofit must have its management governed by a "majority vote of its members" and must adopt "conflict of interest standards" to protect against "insurance industry involvement and interference." Profits must be used to "lower premiums, improve benefits" or be used for other programs to improve the "quality of health care" for the members. The nonprofits can form collective purchasing agreements.
Tomorrow: Community Health Insurance Option.
Copy of bill
Friday, April 30, 2010
Uh-oh.
Government redeemed record amount of treasuries. Read it and weep at Zero Hedge.
Click Here to Read More..
Too funny
Kim Wade was on Eric Stringfellow's radio show this week. Ladd was there as well and raised hell with Stringellow as she was mad she wasn't told Kim Wade would be there and wouldn't have appeared if she had known.
Click Here to Read More..
Radio today
Karl Denninger of The Market Ticker will be on KIM Waaaaaaaaaaaade today at 5:10 to 6:00 today on WJNT, 1180 AM. Topics today will be Goldman Sachs/Financial Reform Bill and Health Care Reform bill. That means Kim will have his usual brilliant monologue, Karl dispenses his usual wisdom, and I sit back drinking my McAlister's tea and say something stupid every ten minutes. Enjoy.
Click Here to Read More..
Thursday, April 29, 2010
Small business owners get ready to get hit.
Ready for this? Here is what is in your new health care law: spend more than six hundred dollars a year on an entity (including merchandise, plane tickets, banquets, and anything else you can imagine) as a small business owner and you have to issue a 1099 to that entity. Read it and weep.
Page 1961 of Health Care Bill, IRS Code before amendment by new law
All RIGHT
I KNOW I misspelled Dr. Connie McCaa's name in the poll. Trust me, I've gotten enough emails.
Click Here to Read More..
Wednesday, April 28, 2010
Health Care Reform Update: Health Benefit Exchanges are unconstitutional
While the constitutional debate rages over whether the federal government can require individuals to purchase health insurance, a fundamental part of the health care reform bill has been ignored that may be unconstitutional.
Section 1311 (p. 130) creates health benefit exchanges in every state. The state is responsible for administering and ultimately funding the exchange. An exchange publishes a list of all health insurance options for individuals and small businesses. Such exchanges are already used in Massachusetts and will be the workhorse of Obamacare.
The exchanges will operate both a website and toll-free hotline for consumers to use in shopping for health insurance and will have other features. The exchange will certify, renew, and decertify listed health insurance plans. It will be the exchanges most consumers will use to purchase health insurance. Get cut off from the exchange and a health insurance company will suddenly find it much harder to sell plans as well as suffer from the stigma decertification would carry even though it could sell health insurance outside of the exchange.
The constitutional problem lies in the creation and funding of the exchanges. The federal government provides grants to the states for exchanges. The states are given no choice in whether they can accept the grant or establish the exchanges: "A State shall use amounts
awarded under this subsection for activities (including planning activities) related to establishing an American Health Benefit Exchange" (p.130, Section 3).
The grants are available until January 1, 2015 (Section 5, p. 143). The plan must then become "self-sustaining". The states can charge "assessments or user fees to participating health insurance issuers" or to "otherwise generate funding, to support its operations." In other words, the states are on their own in funding the exchanges after 2014 even though the federal government ordered the states to create the exchanges and regulated their operation. If an exchange runs out of money, the state will have to cough up the money.
Under the ruling of New York v. U.S. (1992), the exchanges are unconstitutional, as the Court held the federal government cannot directly order the states to regulate anything or take a particular action. NY was a case where the federal government directed New York to accept nuclear waste from waste generators within the state. The Court ruled such action was unconstitutional under the Tenth Amendment. The federal government could either regulate the activities of individuals (including preemption of an area of regulation such as banking) or place conditions on the receipt of federal funds but it could not directly order the states to regulate an activity. p.145
Justice O'Conner pointedly wrote
"Congress could, if it wished, pre-empt entirely state regulation in this area, a review of this Court’s decisions, see, e. g., Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 U. S. 264, 288, and the history of the Constitutional Convention, demonstrates that Congress may not commandeer the States’ legislative processes by directly compelling them to enact and enforce a federal regulatory program, but must exercise legislative authority directly upon individuals. Pp. 159–166.
Nevertheless, there are a variety of methods, short of outright coercion, by which Congress may urge a State to adopt a legislative program consistent with federal interests. As relevant here, Congress may, under its spending power, attach conditions on the receipt of federal funds, so long as such conditions meet four requirements. See, e. g., South Dakota v. Dole, 483 U. S. 203, 206–208, and n. 3. Moreover, where Congress has the authority to regulate private activity under the Commerce Clause, it may, as part of a program of “cooperative federalism,” offer States the choice of regulating that activity according to federal standards or having state law pre-empted by federal regulation. See, e. g., Hodel, supra, at 288, 289. Pp. 166–169."
It is hard to see how the exchanges will stand under this analysis. Congress ordered the states to create the exchanges. Congress directed the Secretary to issue standards to be used by the exchanges. The Secretary will establish the "criteria for the certification" of health care plans for the exchanges and create the forms to be used (p. 134). Grants are provided to the states but the states are not given the option of declining the grants or refusing to create the exchanges. The law simply tells the states they will create the exchanges and after 2014, fund it themselves. While health care opponents use the Lopez case in their fight to repeal Obamacare, it must be noted that case dealt with the individual activity of carrying firearms within a thousand feet of a school (the Gun Free School Zone Act) and not whether federal could directly order a state to create a new state agency, issue the guidelines for the agency, and then order the state to fund said agency. NY is directly on point.
Simply put, the health care law's treatment of the exchanges is a "commandeering" of the states as outlined by New York and will likely be struck down by the Supreme Court. If the exchanges are to survive, then Congress must provide permanent grants and give the states an "opt-out" option or direct the federal government to create and operate the exchanges itself. If opponents of the law wish to kill it or rip a huge hole in the heart of the bill, the health benefit exchanges are a good place to start. Without the exchanges, it is hard to see how Obamacare will operate.
Copy of Bill
Tuesday, April 27, 2010
More on Soto
Apparently my post about former Ridgeland police officer Daniel Soto has stirred up quite a bit of emotion and interest. Several people have come forward with stories of mistreatment by the MADD Officer of the Year. I spoke to one lady today who told me in chilling detail her story.
A lady we will call Sue was leaving Amerigo's one evening during the week. She crossed County Line Road and was pulled over in Jackson by Mr. Soto. He claimed she was driving recklessly and asked if she'd been drinking. She said no and explained because of her medical condition, she doesn't drink, but it didn't matter. He told her to blow in the machine. There is just one problem. This lady suffers from a lung disease, is on disability, and has between 30-40% lung capacity. Guess what? She CAN'T blow into the machine. She tried to explain that to the officer, showed him her inhalers, inform him of her condition, didn't matter. He told her he didn't believe her and many people were good liars when pulled over. She tried to blow, didn't even register. So he arrested her and had her car towed. Did I mention she is in her 60's? Didn't matter.
So she is taken to the jail. They try to give her the test again at the jail but once again, she is simply unable to blow hard enough into the machine. She has an attack while in the jail, can't breathe, cop runs up and asks her what is wrong, she somehow tells him, he runs and finds her purse with all of her meds in it, and she finally gets her inhaler and is able to breathe. David Moore, of course, showed up to bail her out of jail. She comes to court with her medical records, several files of them, doesn't matter. Judge says he will reduce her fine to $200 but says in open court he never goes against the police officers. Nice. Such an impartial criminal justice system we have in Ridgeland. She appeals to County Court and her case is dismissed because Officer Soto moved.
This is what passes for law enforcement in Ridgeland. Rambo wannabes who like to deck out in SWAT team gear, show off their drinking prowess on Facebook, and act like Billy Badass to mature ladies who can't breathe or citizens like Charles Whitfield who didn't break the law. This lady was humiliated, forced to suffer physical pain, and spent money she simply didn't have. Meanwhile Officer Soto is allowed to resign, moves to another state, and hooks up with another police department where he can terrorize more citizens. Justice in Ridgeland. Have to love it.
Heading down the stretch.....
Checking the voting in the poll so far, here are the top ten and a few more with a day to go:
Susan Lunardini (118 votes), Bridget McCart Tisdale (80 votes), Lisa Kirk/Heather Miller (78 votes), Alexandra Wilkes/Leslie Decker (78 votes), Pamela Hancock (60 votes), Jessie Long/Amanda Quarles (55 votes), Myung Cockrell (35 votes), Gail Pittman (30 votes), Olga (23 votes), Suzanne Moak (22 votes), Liza Looser (20 votes), Connie Mckay (20 votes).
Once the vote is over, another poll will be held with the top ten finalists.
Evans update: Mississippi Valley Title & Trustee propose settlement
Derek Henderson, Trustee in the Chris Evans bankruptcy case, filed a motion proposing a settlement between the banks, title insurance companies, and the trustee recently. Haven't had time to really dig throught it yet but the nutshell version is MVT will offer a floor price for the properties at issue. They will be placed for sale and if not sold after six months, MVT's offer becomes a purchase.
Motion, List of properties and loans, Proposed agreement
Monday, April 26, 2010
Do NOT buy HP laptops
Bought an HP dv9700 laptop right at two years ago. Damn screen went black. Boots up fine, its working, just can't see anything. Love this laptop. 17 inch screen, numeric keypad on the right. Was nice, was bein the key word. Do my research online and find out the Nvidia graphics card is built into the motherboard and is defective. Wonderful. Countless stories online about this and HP refuses to issue a recall or pay for repairs for this problem although it has for other models that had the same issuebut they want you to spend $400 for a repair. Nice. Last time I buy HP ever. Meanwhile I am typing away on an 8 month old Dell that is beat up to hell but like a 70 caddy, keeps on going.
Click Here to Read More..
Sunday, April 25, 2010
Today's health care bill reading
Here is today's reading of the health care bill. If you are reading this for the first time, I've been reading the health care bill page by page and posting each reading here so you can follow along. Most of you don't have time to read a 2500 page bill so I'm taking this slowly and digesting each section online. After we read the health care bill, we will then tackle the reconciliation. Unfortunately, they are not combined into one text yet so this is how we have to do it. See the sidebar on the right side of the page for a collection of all readings.
Page 161. Section 1313: Financial Integrity (Don't laugh). The Secretary will audit each exchange every year and has the full power to investigate and conduct financial examinations of each exchange. Hmmmm.... so if in the end the exchange is a state agency, the federal government gives itself the authority to investigate and regulate the state agency? Interesting federalism question here. IF the government finds there is a "pattern of abuse", it can withhold payments from the Exchange due to the State until "corrective actions" are taken by the State. Penalty can't exceed 1% of such payments.
Section (5) on page 163 deals with fraud and abuse. It states the Secretary an "implement any measure or procedure that (A) the Secretary determines is appropriate to reduce fraud and abuse". Pretty broad and vague grant of authority to the government.
Section (6) on page 163 states all payments made through an exchange are subject to the False Claims Act "if those payments include any federal funds." This article on the Daily Kos of all places points out several salient features of this section.
What exactly IS the False Claims Act? Section 31 U.S. Code 3729 states:
"(1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government;
(3) conspires to defraud the Government by getting a false or fraudulent claim allowed or paid..."
What is the penalty for submitting a false claim? A defendant found guilty of submitting a false claim under Section 3729 of the False Claims act normally is "liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains.." Code
HOWEVER, for the Health Care Reform law, the damages are INCREASED to between 3 and 6 times the amount of the actual damages under Section (B) on pages 163-164.
This section is going to be a big deal in the years to come even though it is now rarely mentioned. A private insurer can be subjected to litigation under the False Claims Act if it participates in an exchange and any federal funds are used. Such funds can include subsidies, tax credits, and "cost-sharing reductions". False claims prosecutions could also be initiated against health care providers if it was determined they were part of a "conspiracy".
Note: This is an article from Compliance Week that provides more analysis about this section and the use of the False Claims Act. Apparently there are some amendments to this section that weaken defenses for those accused of defrauding the government. Article
Copy of bill
Saturday, April 24, 2010
Ely's lawsuit moves into discovery.
The legal battle between Ridgeland-based Ely's Restaurant and its landlord, Jackson Street Property Management, has moved into the discovery phase. The lawsuit began when the landlord "resurveyed" the building and shazam, discovered an extra 270 square feet and demanded back rent for nearly two years for the newly discovered space: Nearly $7,000 and attorney's fees. Ely's fired back with a counterclaim for half a million kabukis.
Jackson Street filed its defenses recently (no less than 26 were used) and Ely's filed its notice of service of discovery on April 16. Copy of defense and notice. This lawsuit is going to cost the landlord a good bit more than the seven grand he demanded in terms of legal fees before it is ultimately decided.
Earlier post, Copy of lawsuit
This needs to happen.
So who would've thought it. Rankin County is a hotbed of gay Klukkers in drag. Seems like there should be a B movie made out of all this. Just think of the fun Quentin could have if he took on this project.
Click Here to Read More..
Friday, April 23, 2010
Award-winning Ridgeland Police Officer commits perjury in DUI case, leaves town.
"From left: Mike Walker, AT&T and MADD Sponsor, Deputy Justin Branning, Harrison County Sheriff’s Office (308 DUI arrests), Trooper Charles C. White, Troop F, New Albany MS Highway Safety Patrol (206 DUI arrests), Officer Daniel Soto, Ridgeland Police Department (313 DUI arrests), and Tricia Raymond, Executive Director, Mothers Against Drunk Driving (MADD) Mississippi."
Copy of file
Daniel Soto. MADD's own special child. WLBT reported nearly a year ago he was MADD's top police officer of the year: "Ridgeland Police officer Daniel Soto arrested 316 DUI offenders in 2008. An average of anywhere from two to five arrests for DUI on the nights he works. Soto offers some common sense advice." Story
Well, it seems Mr. Soto is no longer with the Ridgeland Police Department because he got caught lying on the stand. Mr. Soto pulled over a Charles Whitfield and arrested him for first offense DUI and speeding on December 7, 2008. Mr. Whitfield posted a $2,000 (David Moore Bonding Company. Surprise.). He was convicted in Madison County Court on 
September 14, 2009.
Former Mississippi Supreme Court Justice Chuck McRae represented Mr. Whitfield and filed a motion for a new trial on September 21, 2009. Mr. McRae pointed out in his motion the Ridgeland PD had not provided him with a copy of the audio and video recordings of the incident. He subpoenaed the video camera and its recordings on January 22, 2010.
The Court granted a new trial, in which it was shown the video recording completely contradicted Officer Soto's testimony. In other words, he lied on the stand. Several sources have said Mr. Whitfield was at a stoplight when Ridgeland Police Officer Soto said he was speeding.
Mr. McRae filed a motion to dismiss on March 17 and stated
"The Court is aware that the prosecuting witness being, Officer Daniel Soto, gave false testimony..."
Defendant would show that it is believed that the prosecution has evidence that the witness in other cases has also given false testimony...."
"It is learned that while Officer Soto announced that no tape existed for various reasons, an independent investigation revealed that he personally viewed the video of the arrest of the defendant which clearly showed the perjured testimony of Soto. In addition a copy of the transcript of said witness and the video tape of the occurrence that the City and Officer Soto said did not exist at trial has been maintained by the City of Ridgeland will be supplied at hearing..."
The Court ruled in favor of Mr. Whitfield and stated on March 24, 2010:
"the State ... announced it was present but unable to go forward in this case as its only witness was not present, had moved to another state, and was not under subpoena." The City also moved to dismiss the charges.
JJ has learned Chief Houston told Soto to quit or be fired. Soto resigned and moved to Tennessee. One can only hope Mr. Whitfield will sue the hell out of the City of Ridgeland. The question remains is how many other innocent people did MADD's Officer of the Year throw in jail and label as drunk drivers. The question must also be asked why Michael Guest didn't prosecute Mr. Soto. Meanwhile, here is a picture of Mr. Soto's new ride and his award.
Evans update: More banks pile on against Mississippi Valley Title
For a collection of all posts on Evans case, see sidebar on right side of page.
Matters continue to grow testy between Mississippi Valley Title Insurance Company and several of the banks victimized (allegedly) by Chris and Charles Evans (See synopsis at bottom of page for a recap of the case.). Derek Henderson, Trustee for the Bankruptcy Court, filed a complaint against the banks, Mississippi Valley Title, and MVT's parent, Old Republic seeking to settle the questions of which parties had valid liens and who was entitled to recovery. Copy of complaint
Merchants & Farmers (M&F) filed its answer on April 16 and included a crossclaim against the insurance companies. M&F stated "As to parcels 3A, 4C, 4E and 9A, the grantor under each of the Bankʼs deeds of trust was not the title owner at the time Bankʼs liens were granted. MVT and ORNT insured Bankʼs lien as a first lien on each....
Bank is entitled to a judgment against MVT and ORNT, jointly and severally, compelling immediate performance of their payment obligations under the title policies and immediate full payment of Bankʼs claims, plus all interest, attorney fees and expenses incurred by Bank..." M&F's answer M&F is represented by Jeff Rawlings of Ridgeland.
First Security Bank did likewise, answering the complaint and included a crossclaim against MVT. The bank called Charles Evans an "agent of the title insurance companies" and that he never intended to record the deeds for the properties that were the subject of the loans granted. FSB argues "the Title Insurance Companies knew or should have known that there was reason to suspect the validity of title work performed by Charles Evans.." FSB issued approximately $1.7 million in loans to Chris Evans and claims the "title insurance companies are responsible" for the actions of Charles Evans. Copy of answer
FSB is represented by Kristina Johnson of Watkins Ludlam in Jackson. Mrs. Johnson and Mr. Rawlings have been aggressive in defending their clients' interest during this saga. Her other clients filed similar responses as well. Holmes County Bank, State Bank. Bankplus files a similar response and claimed MVT and Old Republic "breached the terms of the title insurance policy by their failure to satisfy the Bank's claims under the title insurance policies by their failure to cure the title defects and/or their failure to pay the bank's claims in full." Bankfirst did likewise. However, Mississippi Valley Title filed a motion this week asking the Court give it until June 1, 2010 to answer all actions filed by the above banks. M&F immediately opposed the request. (Note, there has been a proposed resolution by the Trustee and MVT but due to its length, it will be addressed in the next few days).
What has been interesting is the evolution of the Evans case from a fraud case filed in Madison County Chancery Court in September against a attorney and businessman to a major scrum between one of the largest corporations in American and many banks in Mississippi. Although the filings are complex reading at times, the banks claim they were defrauded by the Evans brothers due to the issuance of phony title certificates by Charles Evans and granting loans to Chris Evans that were thought to be secured. As Charles was an approved attorney for MVT, the banks are seeking payment on their insurance claims and argue Mississippi Valley Title is responsible since Charles Evans was its approved attorney. MVT has only paid four claims and is the subject of other actions by other banks seeking enforcement of their insurance policies. Considering the average loan was $620,000, the potential losses are substantial for either Mississippi Valley Title or the banks.
On a final note, there is some interesting reading in this exhibit filed between Kristina Johnson and Mississippi Valley Title's lawyers. The first letter is written by Bill Brabec of Adams & Reese to Mrs. Johnson. He points out her clients filed insurance claims with his client, MVT. Brabec notes her filings in the Evans bankruptcy on behalf of her clients and demands she withdraw all her motion in federal court. Just to make sure she gets the message, he close with this statement: "Please understand that the actions taken by your clients in the bankruptcy proceedings may seriously affect their rights under the policies".
Ms. Johnson replied in a letter to Mr. Brabec that his client had not paid any claims even though sixty days had passed since they were submitted to MVT and it was rather interesting the insurance company was treated them as covered under the policy yet had not paid any money.
She then accuses Mr. Brabec of trying to "jump" his clients ahead of hers in the bankruptcy case and states the bank has a right to recover against Chris Evans if the policies pay less than the loans issued. There are more letters and if you are a legal or finance geek, you will find them worth reading. Copy of letters
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 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. MVT has only paid four claims according to court documents. Several banks have filed suit against MVT seeking payment of claims. Judge Neal Olack ruled all properties will be sold and the proceeds divided up among the creditors as determined by the Court.
Thursday, April 22, 2010
Today's reading of the Health Care Bill
Starting to get a little deeper into the bill now. I am just reading this bill page by page and posting my observations here. Feel free to clarify or correct in the comments section. Fire away. For a collection of all readings, see the section on the right side of the page.
Page 154. Section 1312: Consumer Choice. The employer is still allowed to specify what level of lan he will support that is available through an exchange but the employee may still choose plans within that level (See earlier health care reading that discussed bronze, silver, gold, platinum levels).
Believe it or not, health insurers are still allowed to offer plans outside of the exchanges according to section (d)(1) on page 156. It states a health insurer can offer a plan outside of the exchange to qualified individuals or employers. However, it is obvious the exchanges will be the main vehicle used for signing up clients, therefor, its going to be tougher for an insurance company to offer other plans when it will have to spend money to promote them.
Section (D) on page 157: Members of Congress. The Law states the only health plans available to "Members of Congress and congressional staff" are those either created under the Act OR offered through an exchange.
Now, many people are thinking this limits Congress and it screwed its employees when passing this law. Not at all. Congress can offer a platinum level plan, offer the same level of premiums for those covered, and not miss a beat. Keep in mind the key is any plan offered through an exchange, which will be most plans. It is also important to note Congress and its employees are not required to enroll in an exchange. The law states the plan must be offered through the exchange to the rest of us. That does not mean we will pay the same premiums, just that if we are able to pay, we can purchase the same health care plan. Congress will be just fine and still have its cadillac health care plans. See Fox Business Blog for a further discussion of this section.
Section (B) on page 160: Incarcerated individuals are not covered under this bill.
Copy of Bill
Vote for the top businesswoman in Jackson.
New poll is up. Vote for the top businesswoman in Jackson. If anyone was left out, my apologies. When this poll closes, I'm going to start a new poll with ten finalists. Vote early and often.
Click Here to Read More..
Wednesday, April 21, 2010
Did Karl Banks hide his ownership in Miller Banks?
A review of records on the website of the Mississippi Ethics Commission reveals Madison County Supervisor Karl Banks may not have disclosed his ownership in Miller Banks Lands. JJ reported yesterday Mr. Banks formed a company in 2004 with his brother, former Mississippi Supreme Court Justice (correction: Fred Banks), that obtained title to a large tract of land in Madison County. The land is currently adjacent to the site for a proposed water park and approximately two thousand feet away from Calhoun Station Parkway. JJ also reported Mr. Banks did not recuse himself on numerous votes concerning Calhoun Station Parkway and the water park and in many cases, proposed the motions concerning these developments next to his property.
Mississippi law requires public officials to file a statement of economic interest every year. The Ethics Commission states on its website "Incumbents must file every year on or before May 1st. Persons appointed to office must file within 30 days of appointment." The penalty for failing to disclose is a criminal fine up to ten thousand dollars. Ethics Commission Website
The state requires the public official to disclose the following information if he:
1. receives more than $2,500 per year in "income from the business";
2. "owns ten percent or more of the fair market value in the business, either directly or through another business";
3. "Owns an ownership interest in the business, the fair market value of which exceeds five thousand dollars; or
4. "is an employee, director, or officer of the business."
Section 25-4-24 through 25-4-29 of the Mississippi Code
Mr. Banks lists several businesses on his disclosure: Peoples Undertaking, Karl M. Banks Real Estate, Act I Hair Salon (wife), and People's Insurance Agency. Miller Banks Lands is not listed anywhere on the form. Banks' statement of economic interest, Miller Banks incorporation papers file with SOS It is inexplicable why Mr. Banks would not list his ownership in Miller Banks Lands on his SEI form, when right above his signature is a statement in bold letters notifying the officeholder of the penalty for failure to disclose all required information. (There is always the chance there are some papers floating around out there showing he was removed from ownership of the company that were never filed with the Secretary of State.)
The question then that must be asked is that after purchasing land in Madison County, then repeatedly proposing motions or voting for projects that would substantially increase the market value of his property, did Mr. Banks violate the law by failing to disclose his ownership in Miller Banks Lands? If such is the case, Mr. Banks should resign from the Madison County Board of Supervisors as it's even more clear he has violated his duties and trust as a public official.
Meanwhile over at the Clarion-Ledger, Madison County Journal, WAPT, WJTV, Fox40, WLBT, and MC Herald:
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