Tuesday, 27 August 2013
UNWRITTEN: DCS Interagency Blame Game August 2006-2013
Wednesday, 24 July 2013
Foster Care Fall Out: The State of the State for Adjudicated Youth and Juvenile Justice © 2008-2013
Having worked for a private foster care agency (profit-driven) company contracted by the Department of Children's Services through the State of Tennessee, I would like to share what I've learned through my experience working with older adolescents reaching the age of majority-18-who are being released from state custody with the Department of Children's Services.
One child, now twenty, is pregnant and moves from place to place every few days or so (photos attached). When I first got her case, 5 years or so ago, she had concrete goals, dreams and aspirations. She had hope. She wanted to go to college. Now, today, she is homeless, pregnant, and has been without services since the day (and I do mean day!) she turned 18. (Pictures of her currrent "home" are posted next to this article.)
On her 18th birthday, Ms. DB was dropped off at a Food Lion parking lot in Gallatin, TN without any money, clothing, food, healthcare, benefits, e.g., food stamps, transportation and no where to go. She was on her own with a 10th grade education and no GED.
CG is a young man who was diagnosed with a brain tumor at 19, shortly after leaving custody. He was denied TennCare 4 times before I made the decision to get involved at any cost. Like all of my other former DCS clients (at least those who have contacted me over the years) CG is also chronically homeless, unemployable, and has only a 10th grade education, epilepsy, and a mental illness. He TennCare is ending 3/31/2008-not quite enough time to plan and execute the brain surgery he needs to help him live a relatively normal life...
I'm still involved, but tomorrow I will turn his case file over to two new case managers and hope that they can keep up the pace. I have to let go. I can't pay my internet bill!
I hope and pray that all of the hard work I have put into his case: applying for benefits, social security, Medicaid, Food Stamps, even a library card and a voter registration card (which are a dime a dozen in this town; Nashville, TN; these days) so that he can get the brain surgery and medical treatment he needs and deserves does not get lost when I go back to work next week. I have assured him that I will not abandon him like everyone else in the past-besides, I hold his history-his memory-his voter registration, TennCare and Social Security cards[1].
These children and young adults (DB, CG, CW, and CB) and a few other exceptional children left an imprint on my heart long after I left my position with the Department of Children's Services...
After leaving the private (contract) agency I was working for, it took a very long time for me to decide whether I should continue in the field of social services for children. You see, I was under the impression that foster care was about children. Wrong.
Unfortunately, I came to realize that it was more about money than children. Private agencies pay barely there, barely trained "people" upwards of $40-60/day per child tax-free. One foster parent I worked with kept ten children in a four-bedroom home in Madison. She also kept chains on the refrigerator door so the children wouldn't eat too much food. Another family had multiple complaints of sexual assault filed against them, but those complaints were mysteriously absent from my case file when I left the agency. As was my actual signature on my case reports-they didn't even try to color between the lines when falsified my records with white out. Who can be that lazy? Who can be that reckless? Who can be that person?
I was deeply saddened by this realization because I was unsure what to do with the information I had acquired throughout the years. However, at this point in my life, I do feel that I have some ethical obligation to either speak out or take action to work towards resolving the systemic problems in the privatized foster care environment.
I came to the realization that I may be able to use my own voice to speak for the children who have been repeatedly silenced by our society: our schools, our courts, our social service system, and the adults they relied upon to have their most basic needs met.
Of course, I would have to speak with DB and CG about their willingness to meet with you to discuss their experience while in the custody of the children's services.
However, if you believe (like I do) that sharing these stories (albeit anecdotal) may ultimately lead to profound changes and reform within the foster care system, then I am quite certain my former clients would be more than willing to speak with anyone who has the capacity to make things better for their natural and foster siblings still in the system, I do not see a problem so long as we can create a space where they can speak freely without fear of repercussions.
DB is not alone in her experience, and for whatever reason, these children seem to feel comfortable sharing their stories with me.
There is another young man, Cody G, who is an incredibly gifted writer that deserves to be heard and recognized. Much like DB, he has experienced a great deal of difficulty finding stable living arrangements once discharged from DCS custody. Because he was constantly in motion, moving from place to place to place-- I agreed to hold onto his personal journals documenting his experience in DCS.
His voice deserves to be heard along with a chorus of others! Some of these children develop such fascinating ways to cope with the pain, the isolation and the abandonment issues they grow up with, and I try to do the best I can to steer them in the right direction.
Talent such as C and perseverance like DB's should be revered, celebrated, respected, and validated-- not thrown away or ignored..
Foster care is mess. What happens next is a complete and utter tragedy. I hope you are deeply disturbed by the contents of this letter-if so-my job is done for the day!
Let your voice be heard-- contact your representatives, the press-- shout it from the rooftops!!! This despicable state of affairs and this not so well hidden secret about privatized foster care in the state of Tennessee must come to an end!
This is how C writes:
The Leaveless Plant:by CG © 2006
I am a plant without any rootsI bring no syrup I bear no fruits I am not much to look at without any flowers.
All I do is sit and stare for hours Every so often, I wander off to find a new spot
Feeling no attachment to anything I've got
Every time I move, I lose a leaf or twoBut no one will notice because here I am new
After moving a while, I look down to seeHow oblivious I am to my nudity
All of my moving has shaken me bareEmbarrassed and all I ignore the stares
But the more I think the better I feelBecause the leaves from me provided a meal
So I am important like all on this earthThink I'll settle down and show this world what I'm worth
And this is how DB lives: pregnant at age 20:
The bathtub. No door. No curtain.
The sink.
The mold.
The baby...
[1] I must give kudos to Judge Dan Eisenstein from the Mental Health Court of Davidson County who has paved the way to make getting CG Transitional Services as he ventures out into the world alone-if only I could get reimbursed for my time! Judge Eisenstein is untraditional, compassionate, and by far the most client-centered Judge I have ever had the honor of working with, no matter how briefly. Judge Eisenstein is paving the road for CG to have a chance-a chance at a future-a chance at a life-- a real one-free from Grand Mal seizures, self-injury, hypomania, rapid cycling, and suicidal ideations.
I also would like to express my gratitude to The Tennessee Justice Center, Tony Garr of the Tennessee Health Care Campaign, Lane Simpson, and Dave Aguzzi with the Department of Children's Services who are helping CG get transitional living services so he can get the care and treatment he did not receive while in custody. Kim Crane (from the Vanderbilt Center for Child & Family Policy Center) has also been instrumental in serving as a liaison with Transitional Youth Programs and helped me get connected to the right people and programs efficiently and effectively. Thanks to you all!.
Friday, 19 April 2013
EXPERTS: Where There's A Tax, There's a Way to Cheat || Philadelphia Inquirer
EXPERTS: WHERE THERE’S A TAX, THERE’S A WAY TO CHEAT
Philadelphia Inquirer, The (PA)April 17, 1995
Section: PHILADELPHIA BUSINESS
Edition: FINAL
Page: F01
IRS TRIES TO IMPROVE ITS RATE OF COLLECTION ACCORDING TO EXPERTS, WHERE THERE’S A TAX, THERE’S A WAY TO CHEAT.
Julie Stoiber, INQUIRER STAFF WRITER
Today is tax day. Listen to how easy it was for one man to rip off the Internal Revenue Service:My Company filed a total of 9,000 returns in 1992, for tax year I 991, which netted my customers approximately $8 million in total refunds. Of that total, I would guess that roughly half of the returns contained false information about dependents, wages, or filing status. That year . . . I recognized how easy it was.”Richard M. Hersch, a tax preparer from Ardmore, kept his scheme going for two years.Testifying this month before a U.S. Senate committee, Hersch gave a glimpse of the opportunities for fraud just in the IRS’s electronic filing system: “In all modesty, it would take several hours for me to share with you the virtually endless possibilities.”Hersch is a big fish in the murky pond of tax deception. He has plenty of company, and they come in all sizes.Tax cheats inhabit every neighborhood and economic stratum, and they have endless ways of paying less than they owe. They are your doctor, your neighbor, your lawyer, your favorite waitress at the corner tap. Even your Aunt Betty is ripping off Uncle Sam.“The number of criminal prosecutions is rising. The number of cases we are working is rising,” said Steven J. PeterseII, a Criminal Investigation Division chief in the IRS’s Philadelphia office. “One could assume there is pIenty of it.”The tax gap - the difference between what the government collects and what it is owed - runs about $127 a year, according to IRS estimates. A 100 percent collection rate for just one year could make a bigThe federal budget deficit, which stands at $200 billion.Not to mention what it could do for the legions of honest taxpayers: If everyone woke up tomorrow and deckiec~ to play it straight with the IRS, Congress could cut tax rates across the board.Peter R. Merrill, an economist in Price Waterhouse’s Washington office, concluded that rates could go down by as much as 10 percentage points. He came up with that number by dividing the tax gap by the amount the government would collect if everyone suddenly started paying his or her fair share. human nature being what it is, though, that is not likely to happen.“I think most people are honest - and most people practice tax avoidance,” said Jeffrey M. Miller, the Center City lawyer who represents Hersch. “Most people try to pay as little tax as they can.”Miller declined to discuss Hersch, who pleaded guilty and is to be sentenced later this month. But he was willing to share observations gleaned during seven years in the U.S. Attorney’s Office and 17 as a criminal defense lawyer. Tax avoidance takes all forms, Miller said. “Some are legal, some are illegal, and some are questionable.”* A man buys a house at the Shore with four bedrooms. In one of them, he puts a desk - and writes off one-quarter of the cost of the house as a business expense.* A video shop owner makes a deal with her workers to pay half their salary in cash; nobody declares the full amount, and both employer and employees get a break on their taxes.* A waitress, on her feet till 2 in the morning, earns $150 in tips. She has three kids at home with their noses pointed toward college. For income tax purposes, those tips become $15.*A contractor withholds taxes from his workers’ pay, but puts the money back into his business instead of in the mail to the IRS. At tax time, his workers file for refunds - and get them - even though their boss never actually paid taxes on their behalf.Mom and Pop at the deli down the block take in $7,000 cash a week, and tell the IRS it is $4,000.“Next time you go into a store and buy something, see if it gets rung up,” said Martin Enterlin, another criminal investigation chief at the IRS. “If not, that’s a pretty good indication it’s not going to get reported.”Penalties for those who get caught range from fines to jail time.And the IRS, some say, is not bad at catching them.Marc Durant, a Center City lawyer who represents white-collar criminals, said the IRS’s criminal investigators are competent and well-trained, with strong accounting backgrounds.John B. Stine 2d, a tax partner at Price Waterhouse, said that the IRS’s computer programs are increasingly sophisticated, and that, as a result, the reporting of stock sales, real estate sales, on-the-side income and dividends and interest has improved.But the tax gap suggests that there are plenty of evaders out there, particularly those in cash businesses.Durant, like Miller, worked as a prosecutor in the U.S. Attorney’s Office before switching to criminal defense.“Economic sociopaths” is what he calls the big tax cheats, the schemers. “They will steal from anybody at any time. The rest, he said, “are really basically just regular people.”
And many of them don’t think of themselves as criminals.In a country jaded by tales of government waste, fat-cat favoritism, and crooked congressmen, taxation based on the honor system is a tough sell.“The system depends on taxpayers’ willingness to comply,” Durant said. “The whole sense of the public . . . That the government does not deserve their faithful compliance.“I’m near certain that the incidence of tax evasion in World War II was a . . . fraction of what it is today,” he said. “I’m certain, intuitively, that there is more tax evasion today. During World War II, people felt the country needed the money.”Today, they are more likely to feel that the government will throw it away on $600 toilet seats or some congressional perk, like the publicly subsidized hair salon for legislators that only recently was eliminated.“People are struggling,” Durant said. “I think they feel that the money goes to better use to them than to the government.”He remembers one case in which a business owner kept two sets of books - one with actual revenues, the other with what he reported to the government - for the sheer joy of knowing how much he was getting over on the IRS.When he got caught, the evidence was overwhelming."I don’t want to sound like an apologist for these people,” Durant said. “I’m not an apologist. I’m just telling you the kinds of things I hear.”Miller hears the same thing.“Everybody who pays taxes thinks about the guy who is not paying taxes.”And they come up with ways to keep more for themselves.The IRS, in its efforts to stop them, devises new measures to detect cheaters. And just as quickly, the tax cheats come up with ways to circumvent them. “Fraud perpetrators . . . adapt continuously to new fraud controls,” IRS Commissioner Margaret Milner Richardson recently told Congress.Hersch, the Ardmore tax preparer, rode to riches on electronic filing and the Earned Income Tax Credit, a refund for the working poor, which he dubbed “Easy Income for Tax Cheats.”Big-time schemers like Hersch are often brought down when a relationship goes awry. Someone with an ax to grind - disgruntled employee, ex-spouse - goes to the IRS.“Despite how straightforward my schemes were, I was caught only because several employees of my company became informants and went to the authorities,” Hersch told his Senate audience. “I am confident that if the employees had not turned me in, the IRS would never have caught on and that I would still be in business today.”Illustration: PHOTOPHOTO (2)1. Martin Enterlin (left) and Steven J. Petersell, employees of the IRS Criminal Investigation Division, at the Philadelphia office.2. Marc Durant, a Center City lawyer, says IRS investigators are well-trained and have strong accounting backgrounds. He said big tax cheats are “economic sociopaths” who “will steal from anybody at any time.” The rest “are really basically just regular people,” he said.(The Philadelphia Inquirer VICKI VALERIO)
Tuesday, 2 April 2013
Swatting | Law Enforcement Today
Swatter’s Rights?
11:18 am in Featured, Future Crime Trends, Posts, SWAT, Training by James P Gaffney
Swatting is the new rage, growing in frequency throughout the United States and is now an emerging trend in Canada as well. Both countries are experiencing bogus 911 calls requiring an immediate police response. Often a SWAT response is initiated to overcome dire circumstances based on information falsely reported.
A SWAT response requires effective coordination of effort and incident management. The Incident Commander deploys personnel and resources when a purported critical incident is in progress. SWAT deploys if needed. The swatting is complete once personnel recognize after the fact that no crisis actually exists. Once the hoax is realized, the “swatter” disappears without leaving behind witnesses, fingerprints, DNA, or a traditional crime scene.
No one has been killed yet by a “swatting” incident. However, innocent people have been forced to the ground, handcuffed, and temporarily detained following the swift action of a SWAT Team. Clearly, the potential for citizen and officer deaths as well as serious injury is simply a matter of time.
SWAT officers need to act quickly. Precise control of the scene is required. The very technical expertise and precision of SWAT teams are being used against law enforcement in swatting incidents.
Kevin Kolbye is the assistant special agent in charge of the Dallas office of the FBI. In 2007, the Dallas office initiated the first swatting case. Kolbye stated that it would be easy for an individual with knowledge of computers, telephone systems, and the desire to do so to create a false hostage situation to initiate a SWAT response. Successful “swatting” incidents tend to draw national media attention. This in turn generates copycat incidents. Each swatter desires to surpass what others accomplished previously.
There is no exact formula to create a “swatting” incident. In the past, law enforcement had to deal with false alarms and prank calls for service. However, these incidents pale in comparison to what today’s “swatter” dreams up. The greater the expenditure of time, effort, manpower, funds, equipment, and disruption of everyday services, the more a swatter is rewarded. Once swatters experience the adrenalin rush from experiencing such power and control, they need to create similar incidents. Kollbye advised that swatters do these things simply because they can.
Swatting incidents are criminal acts. The brazenness of the acts has grown with the passing of time. Generally, as information is first received by 911, an immediate police response is initiated. The severity of the circumstances requires an additional response of support personnel and equipment to the scene.
The caller and 911 dispatcher have ongoing communication. As false information is provided to field intelligence, incident commanders are hard-pressed to contact the people they believe need assistance.
From my perspective, swatting has reached a new level. It is more involved. Just initiating the SWAT action is no longer is the sole goal of a swatter. Swatters realize success when they can initiate a massive SWAT response with one or more agencies focused on saving lives…for nothing.
Following are recent examples of swatting incidents:
- As of June 27, 2012, four cases of swatting have occurred in the City of Rye, NY. Each incident called for an emergency response. Police believe that a group may be involved. A 14-year-old Rye youth was charged for allegedly making a false report of a home invasion. This investigation is ongoing. Rye Police requested FBI assistance.
- June 11, 2012 the Coast Guard received a report a yacht had exploded off the coast of New Jersey. The caller communicated updates on the situation. An immediate response was required because authorities believed that the boat was sinking.
Information provided by the Coast Guard indicates that the caller claimed three people were dead, 9 injured, and 20 in the water. The caller also advised the Coast Guard that individuals made their way to life rafts. The Coast Guard and New York City police helicopters conducted a search and rescue response of the area for approximately four hours. No sign was ever found suggesting a sinking vessel due to an explosion.
- June 11, 2011 the Coast Guard was advised via their National Distress System that a 33-foot sailboat was sinking. An hour later, a second contact indicated that the boat was almost completely submerged. The Coast Guard was advised the four boaters were changing over to a small gray boat. They were also advised that the boat was not equipped with flares or a handheld radio. A 10-hour search and rescue operation did not turn up signs of the boaters or the sailboat under water.
- Last year (2011) the Coast Guard, with the assistance of state and local agency marine responded to more than 60 suspected prank calls in the Northern New Jersey, New York City, and Hudson River region.
- On August 3, 2011, a caller reported to the San Francisco Police Department that his brother was being held hostage in his own home. After failing to make contact, SWAT Team entered the home. There was no merit to the call. A couple was at home with their two children. This detail was in place for more than three hours.
In Canada, the same kinds of events are being staged as in United States. This situation represents an extremely dangerous trend. Law enforcement agencies MUST respond to any request for help. However, response to false incidents represents a totally unnecessary expenditure of time and resources in an era of diminishing public budgets.
Assistance from federal agencies will be needed to address this new crime trend, which represents not only an unnecessary risk to personnel and expense, but also has frightening terror implications. Terror cells could deploy similar swatting incidents as a decoy to a real terror event staged while emergency resources are deployed elsewhere.
Jim Gaffney, MPA is LET’s risk management /police administration contributor. He has served with a metro-New York police department for over 25 years in varying capacities, including patrol officer, sergeant, lieutenant, and executive officer. He is a member of ILEETA, IACP, and the IACSP. Jim mentors the next generation of LEOs by teaching university-level criminal-justice courses as an adjunct professor in the New York City area.
Learn more about this article here:
http://abcnews.go.com/Technology/fbi-swatting-cases-country-copycats/story?id=14257526
http://www.lohud.com/apps/pbcs.dll/article?AID=2012307040038
http://www.ems1.com/communications-dispatch/articles/1303776-Swatting-pranks-Not-so-funny-to-EMS/
http://www.fbi.gov/news/stories/2008/february/swatting020408
http://www.military.com/daily-news/2012/06/21/hoax-yacht-explosion-may-be-tied-to-swatting.html
Wednesday, 20 March 2013
Reuters Social Editor Indicted Over Anonymous Hack; Internet's Jaw Drops – ReadWrite
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Disbelief and shock. That's what's sweeping across the Web following news that one of its best and brightest social journalists, Reuter's Matthew Keys, has been indicted by the Department of Justice for allegedly helping Anonymous deface the Los Angeles Times website in 2011. (See the full indictment below.)
The 26-year-old deputy social media editor has been charged with providing hackers with server login credentials to access the Tribune Company's site. Keys had previously worked as a web producer for the Tribune-owned KTXL FOX 40, in Sacramento, Calif. The charges are serious, but what he allegedly did... wasn't, really. The site break-in described in the indictment led to a hack that defaced a story.
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Keys has been charged with one count each of conspiracy to transmit information to damage a protected computer, transmitting information to damage a protected computer and attempted transmission of information to damage a protected computer. If convicted, he faces up to 10 years in prison, 3 years of supervised release and a fine of up to $250,000 for each count. In addition, he also must forfeit property related to the crime.
Journalists and members of the media are still having trouble wrapping their heads around the news.
Supreme Court Backs Student In Textbook Copyright Case
Supreme Court Backs Student In Textbook Copyright Case
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WASHINGTON -- The Supreme Court ruled Tuesday that textbooks and other goods made and sold abroad can be re-sold online and in discount stores without violating U.S. copyright law. The outcome was a huge relief to eBay, Costco and other businesses that trade in products made outside the U.S.
In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley & Sons against Thai graduate student Supap Kirtsaeng, who used eBay to resell copies of the publisher's copyrighted books that his relatives first bought abroad at cut-rate prices.
Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully, whether in the U.S. or elsewhere, publishers and manufacturers lose the protection of U.S. copyright law.
"We hold that the `first sale' doctrine applies to copies of a copyrighted work lawfully made abroad," Breyer said.
Had the court come out the other way, it would have crimped the sale of many goods sold online and in discount stores, and it would have complicated the tasks of museums and libraries that contain works produced outside the United States, Breyer said. Retailers told the court that more than $2.3 trillion worth of foreign goods were imported in 2011, and that many of these goods were bought after they were first sold abroad, he said.
Aaron Moss, a Los Angeles-based lawyer who is representsing Costco in a related case, said the court "correctly rejected the idea that this has anything to do with geography."
In a dissent for herself and Justices Anthony Kennedy and Antonin Scalia, Justice Ruth Bader Ginsburg said the court was ignoring Congress' aim of protecting "copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works."
The movie and music businesses, software makers and other manufacturers worry that the decision allows unauthorized sales to undercut their businesses.
"The ruling for Kirtsaeng will send a tremor through the publishing industries, harming both U.S. businesses and consumers around the world. Today's decision will create a strong disincentive for publishers to market different versions and sell copies at different prices in different regions. The practical result may very well be that consumers and students abroad will see dramatic price increases or entirely lose their access to valuable U.S. resources created specifically for them," said Keith Kupferschmid, general counsel for the Software & Information Industry Association.
Justice Elena Kagan, joined by Justice Samuel Alito, said in a separate opinion that Congress is free to change the law if it thinks holders of copyrights need more protection. Chief Justice John Roberts and Justices Sonia Sotomayor and Clarence Thomas also were part of the court's majority.
Kirtsaeng sold $900,000 worth of books published abroad by Wiley and others and made about $100,000 in profit. The international editions of the textbooks were essentially the same as the more costly American editions. A jury in New York awarded Wiley $600,000 after deciding Kirtsaeng sold copies of eight Wiley textbooks without permission.
The high court wrestled with what protection the holder of a copyright has after a product made outside the United States is sold for the first time. In this case, the issue was whether U.S. copyright protection applies to items that are made abroad, purchased abroad and then resold in the U.S. without the permission of the manufacturer.
The court earlier rejected copyright claims over U.S.-made items that were sold abroad and then brought back to the United States for resale.
The justices heard a similar case in 2010, but Kagan did not take part because she worked on it while serving in the Justice Department. The court divided 4-4 in that case, involving discount seller Costco and Swiss watch maker Omega.
The case decided Tuesday is Kirtsaeng v. John Wiley & Sons, 11-697.
By MARK SHERMAN 03/19/13 12:30 PM ET EDT