Wednesday, November 24, 2010

For 400 Endangered Right Whales, St. Augustine is The Heart of Their Winter Calving Grounds -- They Give Birth Off Our Historic Shores

FROM WIKIPEDIA:
http://en.wikipedia.org/wiki/Right_whale


A female North Atlantic Right Whale with her calf in the ocean.


Scientific classification
Kingdom: Animalia
Phylum: Chordata
Class: Mammalia
Order: Cetacea
Suborder: Mysticeti
Family: Balaenidae
Genus: Eubalaena
Gray, 1864
Type species
Balaena australis
Desmoulins, 1822
Species

Eubalaena australis
Eubalaena glacialis
Eubalaena japonica
Range of the Eubalaena species.
Synonyms

* Halibalaena Gray, 1873
* Hunterius Gray, 1866

Right whales are four species of large baleen whales consisting of two genera in the family Balaenidae of order Cetacea. Their bodies are very dark gray or black and rotund.

They are called "right whales" because whalers thought the whales were the "right" ones to hunt, as they float when killed and often swim within sight of shore. As such, they were nearly hunted to extinction during the active years of the whaling industry. Today, instead of hunting them, people often watch these acrobatic animals for pleasure.

Genetic evidence appears to have settled a long-standing question about whether to include the largest, the Arctic-dwelling bowhead whale, with the rest. All four are included in the taxonomic family Balaenidae, and all four are generally referred to as right whales. This article focuses on the three species of the genus Eubalaena.
Contents
[hide]

* 1 Taxonomy
o 1.1 Three Eubalaena species theory
o 1.2 Balaena fossil record
o 1.3 Synonyms and common names
* 2 Description
* 3 Anatomy
* 4 Life History
o 4.1 Reproduction
o 4.2 Lifespan
o 4.3 Swimming
o 4.4 Parasitism
* 5 Ecology
o 5.1 Feeding
o 5.2 Predation
o 5.3 Range and habitat
+ 5.3.1 North Atlantic
+ 5.3.2 North Pacific
+ 5.3.3 Southern
o 5.4 Vocalization and hearing
* 6 Relationship to humans
o 6.1 Whaling
o 6.2 Whale watching
* 7 Threats
o 7.1 Ship strikes
o 7.2 Fishing gear
* 8 Conservation
o 8.1 NOAA speed limit
o 8.2 Southern Right Whale protections
* 9 Notes
* 10 References
* 11 External links

[edit] Taxonomy

The bowhead whale is currently considered a separate species and was given its own genus 'Balaena' by Gray in 1821. The other three species occupy genus Eubalaena. Scientists see greater differences among the three Balaenoptera species than between them and the Bowhead Whale. A future review will likely place all four species in one genus.[2] Little genetic evidence supports the historic two-genera view.

Authorities have repeatedly recategorized the three populations of Eubalaena right whales, in one, two or three species. In the whaling era, there was thought to be a single species. Later, morphological factors such as differences in the skull shape of northern and southern animals indicated that there were at least two species—one in the northern hemisphere, the other in the Southern Ocean.[3] Right whales do not cross equatorial waters to make contact with the other (sub)species and (inter)breed: thick layers of insulating blubber make it impossible for them to dissipate their internal body heat in tropical waters.[citation needed]
[edit] Three Eubalaena species theory

Genetic evidence demonstrates that the northern and southern populations have not interbred for between 3 million and 12 million years, confirming that the southern right whale is a distinct species. More surprising was the discovery that the northern hemisphere Pacific and Atlantic populations are also distinct, and that the Pacific species (now known as the North Pacific right whale) is more closely related to the southern right whale than to the North Atlantic right whale. While Rice continued to list two species in his 1998 classification,[4] Rosenbaum et al. disagreed in 2000[5] and Brownell et al. in 2001.[6] In 2005, Mammal Species of the World listed three species, indicating a shift to this conclusion.[1]

Whale lice, parasitic cyamid crustaceans that live off skin debris, offer further information through their own genetics. Because these lice reproduce much more quickly than whales, their genetic diversity is greater. Marine biologists at the University of Utah examined these louse genes and determined that their hosts split into three species 5–6 million years ago, and that these species were all equally abundant before whaling began in the 11th century.[7] The communities first split because of the joining of North and South America. The heat of the equator then created a second split, into northern and southern groups. "This puts an end to the long debate about whether there are three [Eubalaena] species of right whale. They really are separate beyond a doubt", Jon Seger, the project's leader, told BBC News.[8]
[edit] Balaena fossil record
See also: Evolution of cetaceans

A total of five Balaena fossils have been found in Europe and North America in deposits ranging from the late Miocene (about 10 mya) to early Pleistocene (about 1.5 mya). These five specimens each have their own species status—B. affinis, B. etrusca, B. montalionis, B. primigenius and B. prisca. The last of these may prove to be the modern bowhead. Prior to these there is a long gap before reaching the next related cetacean in the fossil record—Morenocetus was found in a South American deposit dating back 23 million years.
[edit] Synonyms and common names

Due to their familiarity to whalers over a number of centuries the right whales have had many names. These names were used throughout the world, reflecting the fact that only one species was recognized at the time. In his novel Moby-Dick, Herman Melville writes:

"Among the fishermen, the whale regularly hunted for oil is indiscriminately designated by all the following titles: The Whale; the Greenland whale; the black whale; the great whale; the true whale; the right whale."

Halibalaena (Gray, 1873) and Hunterius (Gray, 1866) are junior synonyms for the genus Eubalaena. E. australis is the type species.[1]

The species-level synonyms are:[1]

* For E. australis: antarctica (Lesson, 1828), antipodarum (Gray, 1843), temminckii (Gray, 1864)
* For E. glacialis: biscayensis (Eschricht, 1860), nordcaper (Lacepede, 1804)
* For E. japonica: sieboldii (Gray, 1864)

The pygmy right whale (Capera marginata), a much smaller whale of the southern hemisphere, was also included in the Balaenidae family, but has recently been found to warrant a separate family, Neobalaenidae.
[edit] Description
Photo of whaler at surface
North Atlantic Right Whale, clearly showing the distinctive callosities and curved mouth
Photo of whale at surface
Southern Right Whale in the breeding grounds at Peninsula Valdés in Patagonia
Drawing of a North Pacific Right Whale

North Atlantic Right Whale on a Faroese stamp

Unlike other whales, right whales have distinctive callosities (roughened patches of skin) on their heads, along with a broad back without a dorsal fin, occasionally with white belly patches, and a long arching mouth that begins above the eye. The callosities appear white due to large colonies of cyamids (whale lice).[9][10] They can grow up to 18 m (59 ft) long and weigh up to 100 short tons (91 t), significantly larger than humpbacks or grays, but smaller than blues.

An unusually large forty percent of body weight is blubber, which is of relatively low density. Consequently, unlike many other species of whale, dead right whales float.[11]
[edit] Anatomy



Photo of two plumes of spray coming from a whale at the surface
The distinctive V-shaped blow of a right whale.

Adults may be between 11–18 m (36–59 ft) in length and typically weigh 60–80 short tons (54–73 t). The most typical lengths are 13–16 m (43–52 ft). The body is extremely thick with girth as much as 60% of total body length in some cases. The tail fluke is broad (up to 40% of body length). The North Pacific species is on average the largest of the three species. The largest specimens may weigh 100 short tons (91 t).

Right whales have a distinctive wide V-shaped blow, caused by the widely spaced blowholes on the top of the head. The blow rises 5 m (16 ft) above the surface.[12]

Right whales have between 200 and 300 baleen plates on each side of the mouth. These are narrow and approximately 2 m (6.6 ft) long, and are covered in very thin hairs. The plates enable the whale to filter feed.

The testicles appear to be the largest of any animal, each weighing around 500 kg (1,100 lb). The relative size is also large, at 1% of the whale's total body weight. This suggests that sperm competition is important in mating.[12]
[edit] Life History
[edit] Reproduction

Females reach sexual maturity at 6–12 years and breed every 3–5 years[citation needed]. Both reproduction and calving take place during the winter months. Calves are approximately 1 short ton (0.91 t) in weight and 4–6 m (13–20 ft) in length at birth following a gestation period of 1 year. The right whale grows rapidly in its first year, typically doubling in length. Weaning occurs after eight months to one year and the growth rate in later years is not well understood—it may be highly dependent on whether a calf stays with its mother for a second year.[2]
[edit] Lifespan

Very little is known about the life span of right whales because they are so scarce scientists cannot readily study them. One of the few well-documented cases is of a female North Atlantic right whale that was photographed with a baby in 1935, then photographed again in 1959, 1980, 1985, and 1992. Consistent callosity patterns ensured that it was the same animal. She was last photographed in 1995 with a seemingly fatal head wound presumably from a ship strike. The animal died at around 70 years of age. Research on the bowhead whale suggests this lifespan is not uncommon and may even be exceeded.[2][13]
[edit] Swimming

Right whales swim slowly, reaching only 5 kn (9.3 km/h) at top speed, but are highly acrobatic and frequently breach (jump clear of the sea surface), tail-slap and lobtail. Like other baleen whales, the species is not gregarious and the typical group size is only two. Groups of up to twelve have been reported, but these were not close-knit and may have been transitory.
[edit] Parasitism

Right whales are often marked by large scaly gray-white patches on their skin, whose patterns are unique from animal to animal. These patches, called callosities, are colonies of crustaceans known as whale lice which can exist in the tens of thousands upon each whale. The parasitic creatures subsist on algae and dead skin, and while they are irritants, they do not cause significant harm to the whale.
[edit] Ecology
[edit] Feeding

The right whales' diet consists primarily of zooplankton, primarily the tiny crustaceans called copepods, as well as krill, and pteropods, although they are occasionally opportunistic feeders.

As with other baleens, they feed by filtering prey from the water. They swim with an open mouth, filling it with water and prey. The whale then expels the water, using its baleen plates to retain the prey. Prey must occur in sufficient numbers to trigger the whale's interest; be large enough that the baleen plates can filter it; and be slow enough that it cannot escape.[2] The "skimming" may take place on the surface, underwater, or even at the ocean's bottom, indicated by mud occasionally observed on right whales' bodies.[2]
[edit] Predation

The right whales' only predators are Orcas and humans. When danger lurks, a group of right whales may form a circle, with their tails pointing outwards. This defense is not always successful and calves are occasionally lost.
[edit] Range and habitat

The three Eubalaena species inhabit three distinct areas of the globe: the North Atlantic in the western Atlantic Ocean, the North Pacific in a band from Japan to Alaska and all areas of the Southern Ocean. The whales can only cope with the moderate temperatures found between 20 and 60 degrees in latitude. The warm equatorial waters form a barrier that prevents mixing between the northern and southern groups. Although the Southern species in particular must travel across open ocean to reach its feeding grounds, the species is not considered to be pelagic. In general, they prefer to stay close to peninsulas and bays and on continental shelves, as these areas offer greater shelter and an abundance of their preferred foods.

Because the oceans are so large, it is very difficult to accurately gauge whale population sizes. Approximate figures:

* 400 to 450 North Atlantic right whales (Eubalaena glacialis) live in the North Atlantic;
* 30-50 North Pacific right whales live in the eastern North Pacific (Eubalaena japonica) and perhaps 100-200 more in the Sea of Okhotsk;
* 12,000 Southern right whales (Eubalaena australis) are spread throughout the southern part of the Southern Hemisphere; and
* 9,000–10,000 bowhead whales are distributed entirely in the Arctic Ocean and sub-polar seas.

[edit] North Atlantic

Almost all of the 400 North Atlantic right whales, live in the western North Atlantic Ocean. In spring, summer and autumn, they feed in areas off the Canadian and north-east U.S. coasts in a range stretching from New York to Nova Scotia. Particularly popular feeding areas are the Bay of Fundy and Cape Cod Bay. In winter, they head south towards Georgia and Florida to give birth.

There have been a smattering of sightings further east over the past few decades—several sightings were made close to Iceland in 2003. It is possible that these are the remains of a virtually extinct eastern Atlantic stock, but examination of old whalers' records suggest that they are more likely to be strays.[2] However, a few sightings are regular between Norway, Ireland, Spain, Portugal, the Canary Islands and even Italy[14] and Sicily[15] and at least the Norway individuals come from the Western stock.[16]
[edit] North Pacific

The North Pacific right whale appears to occur in two populations. The population in the eastern North Pacific/Bering Sea is extremely low, numbering about 30 individuals.[17] A larger western population of 400-900 appears to be surviving in the Sea of Okhotsk, but very little is known about this population. Thus, the two northern right whale species are the most endangered of all large whales and two of the most endangered animals in the world. Based on current population density trends, both species are predicted to become extinct within 200 years.[18] The Pacific species was historically found in summer from the Sea of Okhotsk in the west to the Gulf of Alaska in the east, generally north of 50°N in large numbers and was heavily hunted, particularly in the period 1938-1948.[citation needed] Today, sightings are very rare and generally occur in the mouth of the Sea of Okhotsk and in the eastern Bering Sea. Although this species is very likely to be migratory like the other two species, its movement patterns are not known.
[edit] Southern

The estimate of 7,000 southern right whales came about following an IWC workshop held in Cape Town in March 1998. Researchers used data about adult female populations from three surveys (one in each of Argentina, South Africa and Australia collected during the 1990s) and extrapolated to include unsurveyed areas, number of males and calves using available male:female and adult:calf ratios to give an estimated 1999 figure of 7,000 animals.[19]

The southern right whale spends the summer months in the far Southern Ocean feeding, probably close to Antarctica. It migrates north in winter for breeding and can be seen around the coasts of Argentina, Australia, Brazil, Chile, Mozambique, New Zealand and South Africa.

Since hunting of the southern right whale ceased, stocks are estimated to have grown by 7% a year. It appears that the South American, South African and Australasian groups intermix very little, if at all, because of the strong fidelity of mothers to their feeding and calving grounds. The mother passes these instincts to her calves.[2]

In Brazil, more than 300 individuals have been cataloged through photo identification (using their distinctive head callosities) by the Brazilian Right Whale Project, maintained jointly by Petrobras (the Brazilian state-owned oil company) and the International Wildlife Coalition. The State of Santa Catarina hosts a concentration of breeding and calving right whales from June to November, and females from this population are also known to calve off Argentinian Patagonia.
[edit] Vocalization and hearing
See also: Whale song

Vocalizations made by right whales are not elaborate compared to those made by other whale species. The whales make groans, pops and belches that are typically at frequencies around 500 Hertz. The purpose of the sounds is not known but may be a form of communication between whales within the same group.

Northern right whales responded to sounds similar to police sirens—sounds of much higher frequency than their own. On hearing the sounds they moved rapidly to the surface. The research was of particular interest because northern rights ignore most sounds, including those of approaching boats. Researchers speculate that this information may be useful in attempts to reduce the number of ship-whale collisions or to encourage the whales to surface for ease of harvesting.[18][20]
[edit] Relationship to humans
[edit] Whaling
Painting of small, flame-engulfed boat with men clinging to wreckage next to spouting whale, with second small boat and larger three-masted ship in background.
Whaling in small wooden boats with hand harpoons was a hazardous enterprise, even when hunting the "right" whale.
Main article: History of whaling

Right whales were so named because early whalers considered them the "right" whale to hunt. In the early centuries of shore-based whaling prior to 1712, right whales were virtually the only catchable large whales, for three reasons:

* They often swam close to shore where they could be spotted by beach lookouts, and hunted from beach-based whaleboats
* They are relatively slow swimmers, allowing whalers to catch up to them in their whaleboats
* Once killed by harpoons, they were more likely to float, and thus could be retrieved. However, many did sink when killed (10-30% in the North Pacific) and were lost unless they later stranded or surfaced.[21]

Basque people were the first to commercially hunt right whales. They began as early as the 11th century in the Bay of Biscay. They initially sought oil, but as meat preservation technology improved the animal was also used for food. Basque whalers reached eastern Canada by 1530[2] and the shores of Todos os Santos Bay (in Bahia, Brazil) by 1602. The last Basque voyages were made prior to the Seven Year's War (1756–1763). All attempts to revive the trade post-war failed. Basque shore whaling continued sporadically into the 19th century.

"Yankee whalers" from the new American colonies replaced the Basques. Setting out from Nantucket, Massachusetts and Long Island, New York, they took up to 100 animals in good years. By 1750 the commercial hunt of the North Atlantic right whale was basically over. The Yankee whalers moved into the South Atlantic before the end of the 18th century. The southernmost Brazilian whaling station was established in 1796, in Imbituba. Over the next one hundred years, Yankee whaling spread into the Southern and Pacific Oceans, where the Americans were joined by fleets from several European nations. The beginning of the 20th century saw much greater industrialization of whaling, and the harvest grew rapidly. By 1937, there had been, according to whalers' records, 38,000 takes in the South Atlantic, 39,000 in the South Pacific, 1,300 in the Indian Ocean, and 15,000 in the north Pacific. The incompleteness of these records means that the actual take was somewhat higher.[22]

As it became clear that stocks were nearly depleted, the world banned right whaling in 1937. The ban was largely successful, although violations continued for several decades. Madeira took its last two right whales in 1968. Japan took 23 Pacific right whales in the 1940s and more under scientific permit in the 1960s. Illegal whaling continued off the coast of Brazil for many years and the Imbituba land station processed right whales until 1973. The Soviet Union illegally took at least 3,212 Southern right whales during the 1950s and '60s, although it only reported taking 4.[23]
[edit] Whale watching
A southern right whale approaches close to whale watchers near Península Valdés in Patagonia.
See also: Whale watching

The southern right whale has made Hermanus, South Africa one of the world centers for whale watching. During the winter months (July–October), southern right whales come so close to the shoreline that visitors can watch whales from strategically placed hotels. The town employs a "whale crier" (cf. town crier) to walk through the town announcing where whales have been seen. Southern Right Whales can also be watched at other winter breeding grounds.

In Brazil, Imbituba in Santa Catarina has been recognized as the National Right Whale Capital and holds annual Right Whale Week celebrations in September, when mothers and calves are more often seen. The old whaling station there has been converted to a museum documenting the history of right whales in Brazil. In winter in Argentina, Península Valdés in Patagonia hosts the largest breeding population of the species, with more than 2,000 animals catalogued by the Whale Conservation Institute and Ocean Alliance.[24]
[edit] Threats
[edit] Ship strikes

The leading cause of death among the North Atlantic right whale, which migrates through some of the world's busiest shipping lanes whilst journeying off the east coast of the United States and Canada, is from being struck by ships.[25] At least 16 ship strike deaths were reported between 1970 and 1999, and probably more remain unreported.[2] According to NOAA, 25 of the 71 right whale deaths reported since 1970 resulted from ship strikes.[26] Recognizing that this toll could tip the delicately balanced species towards extinction, in July 1997, the U.S. National Oceanic and Atmospheric Administration's (NOAA) introduced Atlantic Large Whale Take Reduction Plan.[27] A key part of the plan was the introduction of mandatory reporting of large whale sightings by ships using U.S. ports.
[edit] Fishing gear

A second major cause of morbidity and mortality in the North Atlantic right whale is entanglement in fishing gear. Right whales ingest plankton with wide open mouths, risking entanglement in any rope or net fixed in the water column. Rope wraps around upper jaws, flippers and tails. Most manage to escape with minor scarring, but some are seriously and persistently entangled. If observers notice, they can be successfully disentangled, but others die over a period of months. Animal welfare and extinction concerns align in emphasizing the harm of such entanglements.
[edit] Conservation

Photo of dead whale, floating on surface
The remains of a North Atlantic Right Whale after it collided with a ship propeller

Both the North Atlantic and North Pacific species are listed as a "species threatened with extinction which [is] or may be affected by trade" (Appendix I) by CITES, and as Conservation Dependent by the IUCN Red List, and as endangered under the U.S. Endangered Species Act.

The U.S. and Brazil added new protections for right whales in the 00's to address the two primary hazards. While environmental campaigners were, as reported in 2001, pleased about the plan's positive effects, they attempted to force the U.S. government to do more.[28] In particular, they advocated 12 knots (22 km/h) speed limits for ships within 40 km (25 mi) of U.S. ports in times of high right whale presence. Citing concerns about excessive trade disruption, it did not comply. The Defenders of Wildlife, the Humane Society of the United States and the Ocean Conservancy sued the National Marine Fisheries Service (a NOAA sub-agency) in September 2005 for "failing to protect the critically endangered North Atlantic Right Whale, which the agency acknowledges is 'the rarest of all large whale species' and which federal agencies are required to protect by both the Marine Mammal Protection Act and the Endangered Species Act", demanding emergency protection measures.[29] According to NOAA researchers, about 83 percent of right whale sightings in the mid-Atlantic region occur within 20 nautical miles (37 km) of shore.
[edit] NOAA speed limit

On February 6, 2006, NOAA proposed its Strategy to Reduce Ship Strikes to North Atlantic Right Whales.[30] The proposal, opposed by some shipping interests, limited ship speeds during calving season. The proposal was implemented in 2008. On December 8, 2008, NOAA issued a press release that included the following:[26]

* Effective January, 2009 ships 65 feet (20 m) or longer are limited to 10 knots (19 km/h) in waters off New England when whales begin gathering in this area as part of their annual migration. The restriction extends to 20 nautical miles (37 km) around major mid-Atlantic ports.
* The speed restriction applies in waters off New England and the southeastern U.S., where whales gather seasonally.
o Southeastern U.S. from St. Augustine, Fla. to Brunswick, Ga. from Nov. 15 to April 15
o Mid-Atlantic U.S. areas from Rhode Island to Georgia from Nov. 1 to April 30.
o Cape Cod Bay from Jan. 1 to May 15
o Off Race Point at northern end of Cape Cod from March 1 to April 30
o Great South Channel of New England from April 1 to July 31
* Temporary voluntary speed limits in other areas or times when a group of three or more right whales is confirmed.
* Scientists will assess the rule's effectiveness before the rule expires in 2013."

The Stellwagen Bank area has implemented an autobuoy program to acoustically detect right whales in the Boston Approaches and notify mariners via the Right Whale Listening Network website.
[edit] Southern Right Whale protections

The southern right whale, listed as "endangered" by CITES and "lower risk - conservation dependent" by the IUCN, is protected in the jurisdictional waters of all countries with known breeding populations (Argentina, Australia, Brazil, Chile, New Zealand, South Africa and Uruguay). In Brazil, a federal Environmental Protection Area encompassing some 1,560 km2 (600 sq mi) and 130 km (81 mi) of coastline in Santa Catarina State was established in 2000 to protect the species' main breeding grounds in Brazil and promote whale watching.[31]
[edit] Notes
Wikimedia Commons has media related to: Balaenidae
Sperm whale fluke.jpg Cetaceans portal

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2. ^ a b c d e f g h i Kenney, Robert D. (2002). "North Atlantic, North Pacific and Southern Right Whales". In William F. Perrin, Bernd Wursig and J. G. M. Thewissen. The Encyclopedia of Marine Mammals. Academic Press. pp. 806–813. ISBN 0-12-551340-2.
3. ^ J. Müller (1954). "Observations of the orbital region of the skull of the Mystacoceti". Zoologische Mededelingen 32: 239–290. [1]
4. ^ Rice, Dale W. (1998). "Marine mammals of the world: systematics and distribution". Society of Marine Mammalogy Special Publication Number 4: 231pp.
5. ^ Rosenbaum, H. C., R. L. Brownell Jr., M. W. Brown, C. Schaeff, V. Portway, B. N. White, S. Malik, L. A. Pastene, N. J. Patenaude, C. S. Baker, M. Goto, P. Best, P. J. Clapham, P. Hamilton, M. Moore, R. Payne, V. Rowntree, C. T. Tynan, J. L. Bannister and R. Desalle (2000). "World-wide genetic differentiation of Eubalaena: Questioning the number of right whale species" (PDF). Molecular Ecology 9 (11): 1793. doi:10.1046/j.1365-294x.2000.01066.x. PMID 11091315. http://www.nefsc.noaa.gov/psb/pubs/rosenbaummolecol.pdf.
6. ^ Brownell, R. L. Jr., P.J. Clapham, T. Miyashita and T. Kasuya (2001). "Conservation status of North Pacific right whales". Journal of Cetacean Research and Management (Special Issue) 2: 269–286.
7. ^ Kaliszewska, Z. A., J. Seger, S. G. Barco, R. Benegas, P. B. Best, M. W. Brown, R. L. Brownell Jr., A. Carribero, R. Harcourt, A. R. Knowlton, K. Marshalltilas, N. J. Patenaude, M. Rivarola, C. M. Schaeff, M. Sironi, W. A. Smith & T. K. Yamada (2005). "Population histories of right whales (Cetacea: Eubalaena) inferred from mitochondrial sequence diversities and divergences of their whale lice (Amphipoda: Cyamus)". Molecular Ecology 14 (11): 3439–3456. doi:10.1111/j.1365-294X.2005.02664.x. PMID 16156814.
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10. ^ J. Müller (1954). "Observations of the orbital region of the skull of the Mystacoceti". Zoologische Mededelingen 32: 239–290. http://www.repository.naturalis.nl/record/318263.
11. ^ Right Whales http://www.enchantedlearning.com/subjects/whales/species/Rightwhale.shtml
12. ^ a b Crane, J. and R. Scott. (2002). "Eubalaena glacialis". Animal Diversity Web. http://animaldiversity.ummz.umich.edu/site/accounts/information/Eubalaena_glacialis.html. Retrieved 2006-04-30.
13. ^ Katona, S. K. and S. D. Kraus (1999). "Efforts to conserve the North Atlantic right whale". In J. R. Twiss and R. R. Reeves. Conservation and Management of Marine Mammals. Smithsonian Press. pp. 311–331.
14. ^ Notarbartolo di Sciara, G., E. Politi, A. Bayed, P.-C. Beaubrun and A. Knowlton (1998). "A winter cetacean survey off Southern Morocco, with a special emphasis on suitable habitats for wintering right whales". Sci. Rep. Int. Whaling Commission, SC/49/O3, 48: 547–550.
15. ^ Martin AR, Walker FJ (1996-05-16). "SIGHTING OF A RIGHT WHALE (EUBALAENA GLACIALIS) WITH CALF OFF S. W. PORTUGAL". Marine Mammal Science 13 (1): 139. doi:10.1111/j.1748-7692.1997.tb00617.x. http://www3.interscience.wiley.com/journal/119947961/abstract?CRETRY=1&SRETRY=0. Retrieved 2006-10-26.
16. ^ Jacobsen KO, Marx M, Øien N (2003-05-21). "TWO-WAY TRANS-ATLANTIC MIGRATION OF A NORTH ATLANTIC RIGHT WHALE (EUBALAENA GLACIALIS)". Marine Mammal Science 20 (1): 161. doi:10.1111/j.1748-7692.2004.tb01147.x. http://www3.interscience.wiley.com/journal/119922229/abstract. Retrieved 2006-10-26.
17. ^ "Smallest whale population identified". http://www.msnbc.msn.com/id/38016305/ns/technology_and_science/?gt1=43001.
18. ^ a b Northern Right Whales respond to emergency sirens
19. ^ May 1998 edition of "Right Whale News" available online.
20. ^ Gaines CA, Hare MP, Beck SE, Rosenbaum HC (2005-03-07). "Nuclear markers confirm taxonomic status and relationships among highly endangered and closely related right whale species". Proceedings of the Royal Society of London Series B 272 (1562): 533–542. doi:10.1098/rspb.2004.2895. PMID 15846869.
21. ^ Scarff, JE (2001). "Preliminary estimates of whaling-induced mortality in the 19th century Pacific northern right whale (Eubalaena glacialis) fishery, adjusting for struck-but-lost whales and non-American whaling". J. Cetacean Res. Manage (Special Issue 2): 261–268.
22. ^ Tonnessen, J. N. and A. O. Johnsen (1982). The History of Modern Whaling. United Kingdom: C. Hurst & Co.. ISBN 0-905838-23-8.
23. ^ Reeves, Randall R., Brent S. Stewart, Phillip J. Clapham and James. A Powell (2002). National Audubon Society: Guide to Marine Mammals of the World. United States: Alfred A. Knopf, Inc.. ISBN 0-375-41141-0.
24. ^ Ocean Alliance website
25. ^ Vanderlaan & Taggart (2007). "Vessel collisions with whales: the probability of lethal injury based on vessel speed" (PDF). Mar. Mam. Sci. http://www.phys.ocean.dal.ca/~taggart/Publications/Vanderlaan_Taggart_MarMamSci-23_2007.pdf. Retrieved 2008-05-10.
26. ^ a b NOAA (2008-12-08). "Press Release on Effective Date of Speed Regulations" (PDF). http://www.nmfs.noaa.gov/pr/pdfs/shipstrike/pressrelease_effective.pdf. Retrieved 2008-12-21.
27. ^ Author not specified (1997). "Atlantic Large Whale Take Reduction Plan". NOAA. NOAA. http://www.nero.noaa.gov/whaletrp/. Retrieved May 2, 2006.
28. ^ Author not specified (2001-11-28). "Right whales need extra protection". BBC News. BBC News. http://news.bbc.co.uk/2/hi/science/nature/1681532.stm. Retrieved 2006-05-02.
29. ^ The Southeast United States Right Whale Recovery Plan Implementation Team and the Northeast Implementation Team (November 2005). "NMFS and Coast Guard Inactions Bring Litigation" (PDF). Right Whale News 12 (4). http://www.graysreef.nos.noaa.gov/rtwh/rwnov05.pdf. Retrieved 2006-05-02.
30. ^ NOAA. Proposed Strategy to Reduce Ship Strikes to North Atlantic Right Whales.
31. ^ Petrobras, Projeto Baleia Franca. More information on Brazilian right whales is available in Portuguese.

[edit] References

* Collins Gem : Whales and Dolphins, ISBN 0-00-472273-6.
* Carwardine, Mark. Whales, Dolphins and Porpoises, ISBN 0-7513-2781-6.
* Congressional Research Service (CRS).Northern Right Whale

[edit] External links

* Right whale information from Woods Hole Oceanographic Institution, Woods Hole Oceanographic Institution
* List of sightings of North Pacific Right Whales and annotated scientific bibliography
* IUCN Red List entry
* Whale & Dolphin Conservation Society (WDCS)
* Right Whale Lesson Plan from Smithsonian Education
* North Atlantic Right Whale Conservation
* Success in protecting right whale population
* World Wide Fund for Nature (WWF) - species profile for Right whales: Bowhead whale & North Atlantic right whale

Still plenty of wildlife around, deserving of protection in St. Augustine National Historical Park and Seashore

Bear killed crossing Interstate 95
Posted: November 24, 2010 - 12:23am

From Staff

A bear crossing Interstate 95 about five miles south of International Golf Parkway was killed early Tuesday when it was hit by a southbound pickup truck.

Camille Henderson Poirier III, 37, of Hastings was not hurt in the 12:45 a.m. collision with the bear that was crossing the highway from the west, according to the Florida Highway Patrol.

The bear continued across the road and about 400 feet into the woods, where it died. Poirier's Chevrolet truck had to be towed from the scene, said Highway Patrol Lt. Bill Leeper.

-- From Staff

Kudos to the FBI and U.S. Justice Department for Indicting LYDIA CLADEK For $100 million Ponzi Scheme

The long arm of the law reached down yesterday and indic ted LYDIA CLADEK for a Ponzi scheme that defrauded investors of more than $100 million. The scheme promised 15% annual returns on selling cars to low-income consumers with 29% interest. The scheme -- too good to be true – attracted many locals to lose their life savings for retirement. Cladek is sitting in jail this Thanksgiving weekend until her federal court appearance next week. See below.
Our local State’s Attorney may not prosecute white collar crimes, but the Justice Department will.
Thanks to U.S. Attorney General Eric Holder, the FBI, and United States Attorney for doing their jobs without fear or favor.
We look forward to the Justice Department being more active here in St. Augustine and St. Johns County – including more public corruption and environmental cases. As President Jimmy Carter said, “I see no reason why big-shot crooks should go free and the poor ones go to jail.”

Victims, some rebuilding lives, ecstatic at Cladek's arrest

By PETER GUINTA

Lee Cisar of St. Augustine, a close friend of Lydia Cladek's for 16 years and an employee of Lydia Cladek Inc. for 10 years, said Tuesday that she lost an investment of several hundred thousand dollars when Cladek's business empire crumbled in March.

"This girl has completely devastated me," Cisar, 75, said. "I've been destitute before, but I was a lot younger then, and healthier."

Cladek was indicted Tuesday on 14 counts of mail and wire fraud as well as conspiracy charges.

Cisar was forced to turn in her car, lost her home to foreclosure and is applying for an apartment in a federally subsidized project.

Federal investigators have complied lists of thousands of bilked investors in what they call a classic Ponzi scheme type operation.

Cisar was there at the beginning of Lydia Cladek Inc., working on insurance issues from Cladek's home first, then from offices on Old Mission Avenue and finally from tony new offices at Sea Grove in St. Augustine Beach.

"I never thought there was anything wrong," she said. "I felt that the slowdown was due to the economy. But at the end, when I asked for my money, she wouldn't even see me. Investors waited for her, screaming and yelling and banging on doors, while she was running out the back. I was a friend of hers and I couldn't see her."

Lydia Cladek Inc. was a sub-prime automobile investment company that financed and bought car loans from auto dealers at a discount. The mostly low-income customers paid 29.5 percent interest on those contracts.

Cladek offered returns of 15 to 18 percent on investments.

One Ponte Vedra Beach businessman who lost more than $60,000 asked that he not be identified.

He said, "I'm ecstatic. She's finally getting indicted. Some of her victims had worked hard for every dollar they'd earned. But they lost all their savings to Lydia."

Previous news reports on the Cladek case said investors poured into her offices almost too quickly, offering her checks as small as $10,000 and as large as $600,000.

He said Cladek offered them a choice whether to collect 15 percent interest monthly or roll 15 percent into an accruing investment account.

The investor said that in 2006, long before the crash, he woke up one day and "didn't have a good feeling" about the amount of interest Cladek was paying.

He withdrew a substantial part of his original investment.

"It's rare that any investment pays 15 percent," he said. "Lydia called me and said my check would be there within 60 days. But it was there the next day."

People trusted her

Several victims said Cladek inspired confidence because of her quick refund policy and sympathetic ear. Word of mouth also grew from her church, The Center for Positive Living.

The Ponte Vedra Beach investor said he kept a third of his account active, happy to collect $700 per month interest on the amount remaining.

"I knew I could lose it all," he said. "But I wanted to see how long I could collect interest checks until they stopped."

The FBI cordoned off the business March 31.

Another Cladek victim, Kevin Crowell of St. Augustine, a staff sergeant with the Florida Army National Guard, said he and his wife Lisa invested their retirement money and lost it.

They became suspicious when their interest checks started arriving late, then stopped entirely.

Crowell said he demanded his investment back. She refused to refund anything.

"I told her in her office that I would bring her down," Crowell said. "She said, 'I'm sorry you feel that way.'"

According to Crowell, Cladek acted deeply spiritual around spiritual people and deeply concerned about animals when with animal rescue people.

"She had many, many different faces," he said.

Cisar agreed with that observation. "She was playing this wonderful do-good person with other people's money," Cisar said. "She had to be a very good actress."

Crowell said Cladek's friends were people in this town going to her Sea Colony home -- after Cladek disappeared to one of her other 12 houses -- who took expensive things and sold them for her.

"The FBI took a while to shut that down," he said.

Glad she's behind bars

Crowell is also frustrated at how much the attorneys handling the bankruptcy case are paid.

"Any money recovered goes to them first," he said. "Any time they make a call or send a letter, the victims have that much less money to get back. We get only the pennies left over."

And the victims can't claim any of their losses on their income tax forms until the entire criminal process is complete, which could take years, he said.

"This case won't be hard to prove," Crowell said. "It would be nice to know she's wearing a little orange astronaut suit behind bars rather than sitting around in her multi-million-dollar home."

Cisar, now needing full-time oxygen due to emphysema, said her daughter also lost a small nest egg she had been building.

The federal list of victims has Cisar also owed $1,038 in back pay.

"I hear people say it was greed that drove them to Lydia," she said. "It disturbs me to hear that. I did it to build a retirement for myself. I didn't have one. Right now, I'm trying to rebuild, but I don't have too much to work with."

Cladek indicted -- Businesswoman sitting in jail after arrest in Fort Myers

Cladek indicted -- Businesswoman sitting in jail after arrest in Fort Myers
Posted: November 24, 2010 - 12:23am

By Dana Treen

Lydia Cladek's promise to convert car loans to fast cash was still being touted on her website Tuesday even as the St. Augustine businesswoman was being indicted on 14 counts of using the business in a Ponzi scheme.

She was arrested Tuesday at her Fort Myers apartment and went before a federal judge there.

She is in federal custody and will be held until a detention hearing in Jacksonville next week, according to the FBI, which investigated the case.

Investors were bilked of at least $100 million by Cladek's scheme that promised high returns for those willing to buy car loans gathered from across the Southeast. The pitch was that the loans, bought at less than face value using investor money, would be serviced by Lydia Cladek Inc., and return profits of as much as 15 percent to 20 percent to those buying the paperwork.

Federal prosecutors instead said Cladek, 69, was enriching herself and have indicted her on counts of wire and mail fraud and conspiracy to commit fraud.

While investors reacted with a mix of satisfaction over the arrest and disbelief about the woman they once trusted, calls made to Cladek's St. Augustine Beach business number continued to be answered Tuesday. One person at the office said she did not know where Cladek was but said the business was still operating.

A website for Lydia Cladek Inc., says Cladek was buying and servicing loans from auto dealers in Florida, Georgia, Alabama, North Carolina and Tennessee.

The site offers testimonials from dealers across the Southeast.

Retired Ford Motor Co. engineer Barry Tuttle, 77, was an investor who lost $70,000 to Cladek since about 2007, he said. The St. Augustine Beach resident said Cladek was a well-known businesswoman around the community who had an upscale office along Florida A1A.

Cladek 'almost mousey'

She struck Tuttle as quiet and unassuming, "almost mousey," he said.

"She said that these monies that were loaned to her could be returned in a minimum of a week's time," he said.

Tuttle said the transactions were called loans and not investments, which would have required greater oversight. He said he had friends who worked for Cladek and said she kept tight control over the financial matters of the business.

"She kept her thumbs on everything that went on in terms of the business," he said.

For years Tuttle got a steady stream of interest checks of 15 percent "like clockwork" and all of a sudden they just stopped.

"A lot of people here in the town of St. Augustine Beach knew her," he said. "It's surprising how many had money with her."

He said she also seemed to have a lot of support in the community.

"She's just a frail little person," he said. "You just wouldn't think she would do something like this."

He said some investors want to keep Cladek's business open in the hopes of collecting on what is left of legitimate profits to be made.

FBI spokesman Jeff Westcott in Jacksonville would not comment specifically on the Cladek case but said it is not uncommon for investment schemes to rely on early participants using word-of-mouth to recruit new investors from among friends and business associates.

Jane Edney, 79, said Cladek first opened an office in north St. Augustine where desks were cobbled together using sawhorses and doors. Cladek became a regular at weekly gatherings in St. Augustine Beach, where she lived and recruited Edney and others.

"She was a friend," Edney said. "We all just thought she was the neatest thing."

Checks kept coming

Of 30 in the group, Edney said probably half invested with Cladek. Some were hammered financially when the checks stopped coming, she said.

Cladek opened the office in St. Augustine Beach and built a home in the upscale Sea Colony subdivision, Edney said. Signs Cladek may have been in distress financially came when art work vanished from her home and she asked her friends to invest in a CD-style loan in 2009. Payments on that loan eventually stopped coming and Cladek, too, vanished, Edney said.

About then, she and her friends realized they knew little about Cladek's past, where she was from, if she had children, even if she was married, though there seemed to be a man in her life.

Another in the group, Nancy Brantly, 76, said Cladek took special care to visit her when Brantly had breast cancer, which is now in remission.

"The woman was wonderful to me," she said, giving her gifts and writing poems.

"I had the highest respect for her," she said. "I think that is my biggest problem."

Brantly lost $50,000.

Cladek opened her business in 1998, according to the indictment that said the Ponzi scheme was running in 2003 and continued through March.

Instead of going to investors, money generated from investors went to Cladek's living expenses, to acquire property. Some was used to repay investors enough that the scheme would not be discovered.

Prosecutors are seeking $113.2 million in a judgment and also want to seize art work, vehicles, a Rolex Daytona watch and a baby grand piano. One item listed "Painting -- by Tony Curtis -- Marilyn Monroe" is among 17 paintings, four sculptures and other works of art.

Seeking BeBe's World

Among Cladek's assets is land in Madison County where 320 animals are cared for by the group Goliath and BeBe's World, a St. Johns County based no-kill animal shelter. Now, the shelter's operators are faced with trying to raise $197,000 to buy the land and facilities that Cladek was leasing to the group, said spokeswoman Fran Charlson.

"We're unsure of what our situation is going to be," Charlson said. She said 75 percent of the animals come from Duval and St. Johns counties. In the past, Cladek provided support to the group that is now faced with having to organize fund-raisers for the first time.

"Now they have to start," she said.

The group is among five nonprofits that now stand to lose assets to repay investors.

Cladek also faces a maximum penalty of 20 years in prison on each count and a $3.5 million fine, according to the U.S. Department of Justice.

Monday, November 22, 2010

St. Augustine National Historical Park and Seashore Will Help Protect Endangered Right Whales


National Geographic Society

See below.

Whales arriving early this year

Whales arriving earlier this year
By By LORRAINE THOMPSON
Created 11/22/2010 - 12:13am

The whales are coming.

Although the North Atlantic right whales usually begin entering local waters in December, they may arrive earlier this season.

According to Joy Hampp, director of the Marineland Right Whale Project, the South Carolina/Georgia right whale survey team began flying surveys on Nov. 15 and reported two North Atlantic right whales off the coast of Georgia on Thursday.

Once a thriving species, fewer than 400 North Atlantic right whales are known to exist, making them the world’s most endangered whales.

Each year pregnant females migrate from the Bay of Fundy, Nova Scotia, and the Gulf of Maine to the coastal waters of the southeastern United States to give birth and nurse their young. Last year, 19 calves were born in Southeast waters, the only known calving grounds.

The experts surmise that last year’s colder than normal water temperatures contributed to the relatively low birth number, or it may have been the whales’ birthing cycle. During the 2008-09 season a record of 40 calves were counted.

Females give birth every three to five years to a single calf after a 12- to 14-month gestation. Calves are completely dependent on their mothers for about one year. Right whales mature slowly and females are typically 9 to 10 years old before they give birth to their first calf. Studies show that males are 15 years old or older before they sire a calf. Right whales usually migrate alone or as a mother-calf pair.

“There has not been a documented right whale death since January 2009,” Hampp said. “Last season was the second year that the speed reduction laws, requiring most vessels greater than 65 feet to maintain speeds of 10 knots or less in critical right whale areas, were in effect. While it is too early to know if this is making a difference, the absence of whale deaths is encouraging.”

However, right whales continue to become entangled in fishing gear and have been photographed with new propeller scars, so the threats to their survival remain present.

Three years ago, whale watchers observed the adventures of right whale No. 2753, Arpeggio. She appeared off St. Augustine in mid-December and lingered in the area for two weeks with her first calf.

“Since the minimum interval between calves is three years,” said Hampp, “we could see her again this season.”

Another female, No. 1622, has been seen off St. Augustine and to the south every three years since 2002 with her second, third and fourth calves. “We last saw her in 2008, so if she repeats her pattern, she may be visiting our area this season, too, with her fifth calf.”

*

WHALE WATCHERS NEEDED

Experienced and new whale watchers, as part of a network of volunteers, are needed to help monitor the whale traffic in our area. Training is provided. Seasonal visitors as well as residents are invited to attend training sessions.

A training session will take place from 6 to 7:30 p.m. Dec. 9 at the Anastasia Island Branch Library, 124 Sea Grove Main St. (off A1A at A Street) in St. Augustine Beach. Other sessions are scheduled on Dec. 4 from 9:30 to 11 a.m. at the Flagler County Public Library in Palm Coast and from 2:30 to 4 p.m. at the Ormond Beach Public Library. An orientation for all volunteers will take place from 3 to 5 p.m. Jan. 2 at the Center for Marine Studies, Whitney Laboratory for Marine Bioscience, 9505 Ocean Shore Blvd. in Marineland.

Although the official whale watching survey is scheduled to begin Jan. 3, the whales don’t always follow that calendar. Last year the first whale sighting occurred in mid-December.

For information on the volunteer program, call 461-4058 or e-mail marinelandrightwhale@gmail.com [1]. Early whale sighting reports should be directed to the toll-free Marine Resources Counsel Whale Hotline at (888) 979-4253. Any local sightings will be passed on to Hampp.

*

BOATERS AND SHIP RESTRICTIONS

Boaters must keep at least 500 yards away from right whales. Federal law requires vessels 65 feet and longer to slow to 10 knots or less in Seasonal Management Areas along the U.S. Eastern Seaboard, including the calving and nursery area in the southeastern United States. Speed restrictions are in place in various places along the mid- Atlantic from Nov. 1 through April 30, and in the southeastern U.S. calving area from Nov. 15 through April 15. For more information on seasonal ship speed restrictions, go to www.nmfs.noaa.gov/pr/shipstrike [2].

USDOJ Press Release: Former NYC Union Leader Sentenced for Racketerring, Corruption

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For Immediate Release
November 19, 2010 United States Attorney's Office
Southern District of New York
Contact: (212) 637-2600

Former Carpenters Union Leader Sentenced in Manhattan Federal Court to 11 Years in Prison for Racketeering and Labor Corruption

PREET BHARARA, the United States Attorney for the Southern District of New York, announced that MICHAEL FORDE, the former Executive Secretary-Treasurer of the District Council of New York City and Vicinity (the "District Council") of the United Brotherhood of Carpenters and Joiners (the "Carpenters Union") and Chairman of the District Council benefit funds, was sentenced today in Manhattan federal court to 11 years in prison for his participation in a racketeering scheme that defrauded the union and its benefit funds out of millions of dollars.

Manhattan U.S. Attorney PREET BHARARA said: "Today's sentence truly fits the crime. Michael Forde brazenly exploited his position at the helm of the Carpenter's Union and engaged in some of the most egregious behaviors associated with corrupt union bosses. Now, Forde's reign has come to an end, and his sentence should deter anyone foolish enough to follow in his footsteps."

According to the Indictment previously filed in Manhattan federal court and statements made at the plea and sentencing proceedings:

FORDE pled guilty to the racketeering charges on July 28, 2010, admitting that from 1994 through 2009, while he was an officer and, later, the head of the Carpenters Union in New York City, he engaged in a 15-year racketeering scheme in which he took bribes from multiple contractors, betrayed the union members he was supposed to protect, helped contractors cheat the District Council Benefit Funds out of millions of dollars, rigged job assignments, lied under oath, and obstructed investigations into his conduct.

The Carpenters Union is a national labor union that represents skilled workers at construction sites. In New York City, the approximately 20,000 members of the union are divided into eleven locals, overseen by the District Council. From 1994 to 1997, FORDE was a business agent for Local 608, the largest local in the District Council, with approximately 7,400 members. From 1997 to 2000, FORDE was the president and business manager of Local 608. From 2000 to 2009, FORDE was the Executive Secretary-Treasurer (the highest position) of the District Council and a trustee and eventual Chairman of the District Council's benefit funds.

FORDE received hundreds of thousands of dollars in cash bribes from certain contractors. In exchange for the bribes, FORDE and his co-conspirators allowed and helped the contractors to defraud the union and its benefit funds out of millions of dollars by permitting the contractors to, among other things, pay union members cash at below-union rates without benefits, employ illegal aliens and non-union workers on their job sites, and avoid payment to the union benefit funds in violation of applicable collective bargaining agreements. FORDE committed these crimes while the District Council was under court-ordered monitorship.

Judge MARRERO also sentenced FORDE to three years of supervised release. In addition to the prison sentence, Judge MARRERO ordered FORDE to pay a $50,000 fine and $100,000 as forfeiture. FORDE will also pay restitution to the union and its benefit funds. The amount of restitution to be paid is still under review and will be determined by the Court within the next 90 days.

During the sentencing proceeding, Judge MARRERO described FORDE's conduct as "a fall from grace of a man who once was a powerful public figure." He said the crime was "striking by its duration and depth of betrayal" and by "the multitude of people he injured." Judge MARRERO called the crime "downright wicked" and one that reached "the lowest circles of moral decay." FORDE is one of ten defendants convicted in this case, and the second defendant to be sentenced. The nine other defendants are:

JOSEPH OLIVIERI, 56, a former trustee of the District Council Benefit Funds, was found guilty on October 18, 2010, following a jury trial. OLIVIERI is scheduled to be sentenced on January 21, 2011, at 3:30 p.m.

MICHAEL BRENNAN, 54, of Bushkill, Pennsylvania, who was a union shop steward, pled guilty on July 6, 2010, to the Indictment's RICO count, and specifically to racketeering acts involving the acceptance of cash bribes and obstruction of justice. He is scheduled to be sentenced on December 17, 2010, at 1:30 p.m.

BRIAN CARSON, 50, of Bronx, New York, who was a union shop steward, pled guilty on April 5, 2010, to one count of aiding and abetting the embezzlement of monies from union benefit funds. He was sentenced on August 13, 2010, to 19 months in prison.

JOHN GREANEY, 50, of Yonkers, New York, who was the former president and business manager of Local 608, pled guilty on July 16, 2010, to one count of racketeering conspiracy, one count of racketeering, four counts of wire-fraud conspiracy, four counts of deprivation of honest services, two counts of unlawful acceptance of payments by a labor representative, and one count of perjury. He is scheduled to be sentenced on December 17, 2010, at 3:30 p.m.

BRIAN HAYES, 39, a former business agent of Local 608, pled guilty on August 20, 2010, to one count of racketeering conspiracy, and one count of racketeering. HAYES is scheduled to be sentenced on January 14, 2010, at 3:00 p.m.

FINBAR O'NEILL, 44, of Paramus, New Jersey, who is a contractor, pled guilty on May 20, 2010, to one count of making unlawful payments to labor representatives, and one count of conspiracy to make such unlawful payments. He is scheduled to be sentenced on April 1, 2011, at 1:00 p.m.

JOSEPH RUOCCO, 50, of East Stroudsburg, Pennsylvania, who was a union shop steward, pled guilty on July 8, 2010, to one count of aiding and abetting the embezzlement of monies from union benefit funds. He is scheduled to be sentenced on December 17, 2010, at 2:00 p.m.

JOHN STAMBERGER, 53, of Brick, New Jersey, who was a union shop steward, pled guilty on March 12, 2010, to conspiracy to commit wire fraud, and unlawful acceptance of payments by a labor representative. He is scheduled to be sentenced on December 17, at 3:00 p.m.

MICHAEL VIVENZIO, 62, of Mahwah, New Jersey, who was a union shop steward, pled guilty on June 23, 2010, to one count of aiding and abetting the embezzlement of monies from union benefit funds.

He is scheduled to be sentenced on December 17, 2010, at 9:30 a.m.

All of these above-named defendants will be sentenced by Judge MARRERO.

Mr. BHARARA praised the DOL-OIG and the FBI for their outstanding work in investigating this case. Mr. BHARARA also thanked the Manhattan District Attorney's Office for their assistance in the case.

The prosecution is being handled by the Office's Organized Crime Unit. Assistant U.S. Attorneys LISA ZORNBERG and MARK LANPHER are in charge of the prosecution.

Tuesday, November 16, 2010

Spike in dengue has Brazil on alert for epidemic

JULIANA BARBASSA
Associated Press

RIO DE JANEIRO — Health officials say Brazil is at risk of an even deadlier outbreak of dengue fever as the South American nation enters its long, wet summer, when standing water turns into breeding ponds for the mosquitoes that spread the disease.

The country saw a dramatic spike in the number of fatal cases this year: 592 were recorded from January through October, an increase of 90 percent over the 312 dengue deaths recorded during the same period last year, according to figures released Thursday by the Ministry of Health.

And the resurgence of the Type 1 dengue strain largely absent in Brazil since the 1990s means that cases could continue to rise, officials say, stretching an overtaxed health care system.

When the six-month rainy season starts in December, the frequent downpours will quickly turn trash piles, old tires, abandoned wells and even crumpled cigarette packs into containers of stagnant water where mosquitoes can breed.

Luis Fernando Moraes, president of the Regional Council of Medicine of Rio de Janeiro, said the risk is particularly high for children who have never been exposed to the resurgent Type 1 strain of the disease and thus have low resistance to it.

Exposure to a single strain of the disease helps develop immunity to that particular variant, but subsequent infection by a different strain can cause the sometimes fatal hemorrhagic dengue.

Symptoms of dengue include flulike conditions such as high fever, headaches, and severe muscle and joint pain. The health ministry has registered about 940,000 cases of dengue so far in 2010, nearly double last year's total. Treatment options are few, and a potential vaccine is still in testing and not available to the public.

A health ministry report said the states most at risk include Rio de Janeiro, where the recent closure of a major suburban hospital and the scheduled shuttering of two more has raised concerns that there might not be enough medical resources to deal with an epidemic.

"There is huge concern with the arrival of summer," Moraes said. "We could face a difficult situation in which our overburdened health care system would be stretched even further."

Brazil has worked hard to fight the disease within its own borders and help neighboring countries, said Dan Epstein, a spokesman with the World Health Organization in Washington, D.C.

The government is campaigning to educate the public to prevent water from pooling, but getting word to the sprawling country's remote areas is tough, Epstein said.

"The weather and circumstances make for perfect breeding ground for Aedes aegypti mosquitoes," he said.

The WHO estimates that more than 2.5 billion people worldwide are at risk for dengue, and at least 50 million are sickened each year.

"It's a serious problem in the Americas and globally, particularly in Southeast Asia," Epstein said. "It's one of the serious neglected diseases affecting tropical countries, and one of the things we have make a priority."

To Brazil's north, neighboring Venezuela has also been confronting a dengue epidemic with about 100,000 diagnosed cases so far this year compared with 40,000 during the same period last year, according to recent Health Ministry figures.
Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
St. Augustine Visitor's Guide
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Monday, November 15, 2010

USDOJ Press Release: Indictments of New Mexicans on Hate Crimes Directed Against Navajo With Significant Cognitive Impairment

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For Immediate Release
November 12, 2010 United States Attorney's Office
District of New Mexico
Contact: (505) 346-7274

Three Farmington Men Indicted on Federal Hate Crime Charges Related to the Assault of Disabled Navajo Man

United States Attorney Kenneth J. Gonzales and Thomas E. Perez, Assistant Attorney General of the Civil Rights Division of the United States Department of Justice, announced that a federal grand jury in Albuquerque has indicted Paul Beebe, 27, William Hatch, 29, and Jesse Sanford, 25, all of Farmington, N.M., on federal hate crime charges related to a racially motivated assault of a 22-year-old man of Navajo descent who has a significant cognitive impairment.

Beebe, Hatch, and Sanford have been charged with one count of conspiracy and one count of violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that was enacted in October 2009. More specifically, the indictment alleges that the defendants branded the victim by heating a wire hanger on a stove and burning the victim’s flesh, causing a permanent swastika-shaped scar on his arm. It is alleged that as part of the plan and purpose of their conspiracy, the defendants further defaced the victim’s body with white supremacist and anti-Native American symbols, including shaving a swastika in the back of the victim’s head and using marker to write the words “KKK” and “White Power” within the lines of the swastika. The indictment also alleges that the defendants took advantage of the victim’s developmental disability to induce him to make a cell phone video in which he purportedly consents to the branding.

This case is being investigated by the Albuquerque Division of the Federal Bureau Investigation in cooperation with the Farmington Police Department and the San Juan County District Attorney’s Office. It is being prosecuted by Assistant U.S. Attorney Roberto D. Ortega for the District of New Mexico and Special Litigation Counsel Gerard Hogan and Trial Attorney Fara Gold of the Civil Rights Division of the Department of Justice.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

TIME FOR A NO-BRIBERY CAMPAIGN IN ST. AUGUSTINE AND ST. JOHNS COUNTY








Former Republican County Commission Chairman JAMES BRYANT is exposed in the Ponte Vedra Recorder last week (see "The House that Jim Built", below). Former Republican Former St. Johns County Commission Chair THOMAS G. MANUEL is now federal prisoner number #32566-018, incarcerated at the federal prison in Butner, North Carolina.

MANUEL was not the first public official in St. Johns County to take a bribe.

We need an anti-bribery campaign in St. Johns County and St. Augustine and the other government agencies here. A St. Augustine Record editorial didn't quite call for that, as I have for months. Instead, it acts like bribery was a one-time event instead of commonplace.

How revealing -- the Record ignores the evidence of its own senses, refuses to print the news and praises GEORGE McCLURE (of all people), a seedy lobbyist for environmental devastators, who gets off on his representing speculators like ROBERT MICHAEL GRAUBARD.

Of course, people who are offered bribes should turn in the bribepayer.

Of course, people who are asked to give bribes should turn in the public official.

A culture of corruption can be changed one day at a time, just as courageous citizens have done in Sicily.

Stand up to bribepayers and bribetakers, who destroy our democracy.

Interesting that there's still never been one editorial in local newspapers against bribery and calling for an anti-bribery campaign, even though our former Republican County Commission Chair THOMAS MANUEL is pleading guilty tomorrow, after ndictment for bribery,for accepting $60,000.

In fact, when MANUEL pled guilty, the WRecKord omitted the fact that MANUEL was a REPUBLICAN.

One-party rule wasn't even relevant to the two reporters who covered the MANUEL plea. (A chronology did say "GOP", but neither article said "REPUBLICAN.")

In fact, when former NYC Police Commissioner (and George W. Bush Homeland Security nominee) BERNARD KERIK was sentenced to four years in prison, the WrecKord omitted that fact too.

Oleaginous St. Augustine corporate lawyer GEORGE McCLURE, longtime developer lawyer who shows his open contempt for public particpation in government, was scheduled to be a witness against MANUEL. Did McCLURE get a deal from federal prosecutors? If not, why would be McCLURE testifying? Is this a sudden pang of conscience after inflicting so many ugly, tree-killing, wetland-destroying projects on our community?

What do you reckon?

Will St. Johns County and St. Augustine return to business as usual?

What's next?

USDOJ Press Release: Guilty Plea in Tobacco Kickbacks Scheme

For Immediate Release
November 12, 2010 United States Attorney's Office
Eastern District of Arkansas
Contact: (501) 340-2600

Plea Entered in Tobacco Kickback Scheme

LITTLE ROCK—Jane W. Duke, United States Attorney for the Eastern District of Arkansas, announced that Daryl Shane Smith, age 39, of Little Rock, pled guilty Monday of this week before U.S. District Judge Brian S. Miller to one count of conspiracy to defraud the United States. Miller faces a maximum penalty of five years in prison and a fine of $250,000. Sentencing will be at a date to be determined by the Court.

Smith was indicted on June 2, 2010, along with co-defendant David Thompson.

During the plea hearing, Smith admitted that beginning in January 2002 until approximately October 2007, he caused cash to be sent form tobacco retail stores he and Thompson controlled to their company, Merchants Wholesale Inc., and then caused a portion of this cash to be withheld from the bank account deposits. The withheld cash was then paid as kickbacks to the owners of those stores, including Smith.

Smith admitted that he received $685,700 in 2003 and $477,965 in 2004 in kickbacks. Smith also admitted that he failed to report these amounts as income on his income tax returns filed with the Internal Revenue Service.

This case is the result of an investigation conducted by the Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Arkansas Tobacco Control Board.

Assistant U.S. Attorney George C. Vena prosecuted the case for the United States.

USDOJ Press Release:White Sox Exec, Scouts, Indicted for Kickbacks from Latin American Players' Signing Bonuses

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For Immediate Release
November 10, 2010 United States Attorney's Office
Northern District of Illinois
Contact: (312) 353-5300

Former Chicago White Sox Executive and Two Former Scouts for Sox in Latin America Indicted for Allegedly Obtaining Illegal Kickbacks from Players’ Signing Bonuses

CHICAGO—A former professional baseball player scouting executive for the Chicago White Sox and two former scouts for the team in Latin America were indicted today on federal fraud charges for allegedly accepting kickbacks totaling approximately $400,000 from signing bonuses and contract buyouts paid to secure 23 prospective players between December 2004 and February 2008. A seven-count indictment returned by a federal grand jury alleges that the White Sox baseball team was defrauded of money, as well as the honest services of the defendants, who allegedly concealed the kickbacks from the team and its more senior officials.

Charged with seven counts of mail fraud were David S. Wilder, the White Sox farm system director from late 2003 to 2006, when he became the team’s senior director of player personnel until May 2008, and Jorge L. Oquendo Rivera, the White Sox Latin American scout between November 2004 and October 2007. Victor Mateo, a White Sox scout in the Dominican Republic between November 2006 and May 2008, was charged with three counts of mail fraud. The indictment also seeks forfeiture of unspecified illegal proceeds from the alleged fraud scheme.

Wilder, 50, of San Francisco, and Oquendo, 49, of Aguadilla, Puerto Rico, are expected to voluntarily appear for arraignment at a later date to be determined in U.S. District Court in Chicago. A domestic arrest warrant was issued for Mateo, 39, of Arroyo Hondo, Dominican Republic.

“The defendants were supposed to recruit players by paying amounts of money that matched their skills and were no greater than the amount needed to sign the players. Instead, the indictment alleges that the defendants secretly inflated those signing amounts to fund kickbacks for themselves,” said Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois.

“These defendants allegedly defrauded their employer and enriched themselves by taking advantage of vulnerable ballplayers, who were anxious to pursue their dreams of stardom in the major leagues” said Robert D. Grant, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation.

The investigation began after the Chicago White Sox reported internal findings to Major League Baseball and baseball officials referred the matter to federal authorities. Both the White Sox and Major League Baseball cooperated with the investigation.

To provide for kickbacks, Wilder, Oquendo and Mateo allegedly misrepresented to the White Sox the amount of money necessary to sign certain players and omitted information about the payments, causing the Sox to pay artificially and fraudulently inflated signing bonuses to players and causing the Sox to purchase the contracts of and rights to players from other teams at artificially and fraudulently inflated prices. The indictment does not specify the amounts of kickbacks allegedly obtained from signing certain players, nor does it name specific players.

According to the indictment, the White Sox maintained a Latin American scouting program to identify and recruit prospective players in such countries as Brazil, Colombia, the Dominican Republic, Mexico, Panama, and Venezuela, and to sign them to written contracts. The Sox either paid a signing bonus, a one-time, up-front payment made to new players to induce them to sign a contract, or they purchased the contract rights to a player who was already affiliated with a Mexican baseball team by paying that team or its representative an amount necessary to induce the team to release the player to the White Sox.

Wilder was responsible for supervising the team’s scouts in Latin America, and he either authorized payments himself, or obtained authorization from additional Sox personnel, to sign new players based on recommendations made by the scouts. Wilder was authorized to approve recommended signing amounts less than $100,000, but he was required to obtain approval from the team’s general manager to pay signing amounts of $100,000 or more. After Wilder or the team approved a player’s signing amount and a written contract was secured, and Major League Baseball conducted a background check and approved the signing, the White Sox issued a check drawn on a bank account in Chicago, which was made payable either to the player or the Mexican team with which a player was affiliated or the Mexican team’s representative.

If the player was located in the Dominican Republic, the Sox sent the signing bonus check to the Major League Baseball office in Santo Domingo directly, or through its offices in New York, and baseball personnel would then provide the check to the player. If the player was located in another Latin American country, the Sox sent the signing bonus check to the scout who recruited the player and the scout was responsible for providing the check to the player.

As part of the scheme, Oquendo and Mateo allegedly scouted for and identified prospective Sox players in Latin America from whom they could obtain a portion of the players’ signing bonuses. They also allegedly engaged in discussions with these players or their representatives about the amount of signing bonuses, as well as the amount the players were willing or expected to pay in kickbacks to them and Wilder. Oquendo allegedly engaged in these same practices in his negotiations with Mexican teams and their representatives.

After this initial phase, Oquendo and Mateo, directly and indirectly, allegedly informed Wilder of the prospective players’ skill levels, the preliminarily negotiated signing bonus and contract purchase amounts, and whether kickbacks could be obtained from the players’ signings. Wilder then allegedly approved signings under $100,000, knowing that the amounts were inflated to include undisclosed kickbacks for himself and his co schemers, and misrepresented to other team officials the amount that was necessary to sign the players. Similarly, in instances when Wilder obtained authorization from the team’s general manager to sign players for more than $100,000, he allegedly deceived the general manager, knowing that the amounts were fraudulently inflated to obtain undisclosed kickbacks for himself and his co-schemers and were greater than necessary.

The seven mail fraud counts allege the mailing of various checks from the White Sox, in amounts ranging from $30,000 to $525,000, to unnamed players, or teams for the contract rights to players, in various Latin American countries.

The government is being represented by Assistant U.S. Attorneys Christopher K. Veatch and Michelle Nasser.

Each count of mail fraud carries a maximum penalty of 20 years in prison and a $250,000 fine, and restitution is mandatory. The court may also impose a fine totaling twice the loss to any victim or twice the gain to the defendant, whichever is greater. If convicted, the court must impose a reasonable sentence under the advisory United States Sentencing Guidelines.

An indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

USDOJ Press Release: Officers Convicted of Civil Rights Violations and Destruction of Evdence re: Ambridge, PA Prisoner Beating, Coverup

or Immediate Release
November 12, 2010 United States Attorney's Office
Western District of Pennsylvania
Contact: (412) 644-3500

Former Ambridge Police Officers Sentenced for Beating, Cover­up

PITTSBURGH—Former Ambridge, Pennsylvania, police officers have been sentenced in federal court to six months in prison followed by one year of supervised release and one year of probation, respectively, for crimes related to the violation of civil rights and destruction of evidence, United States Attorney David J. Hickton announced today.

United States District Judge Terrence F. McVerry imposed the sentence on Richard Heitzenrater, 61, of Ambridge, and Robert Kuzma, 51, of Economy Borough.

According to information presented to the court, on Feb. 20, 2009, Heitzenrater, while a Sergeant with the Ambridge Police Department, violated the civil rights of arrestee David Baker by entering the locked holding cell where Baker was being held multiple times and striking him. Prior to entering the holding cell, Heitzenrater turned off the lights, partially obscuring the view on the police station's digital video recording system. Other officers eventually intervened to remove Heitzenrater from the holding cell.

Then-Lieutenant Kuzma was informed, from Heitzenrater and others, about the assault upon Baker. The following day, Feb. 21, 2009, Kuzma, the primary person with access to the station's digital video recording system, purged its contents, including the incriminating images from Feb. 20, 2009. Prior to deleting data on the recording system the contents were played back and viewed by Heitzenrater and Kuzma at the police station, as Kuzma consulted the instruction manual. On Feb. 20, 2009, following the assault, Heitzenrater contacted Kuzma on the telephone to ask whether the video recording of the cell could be enhanced, if the lights in the cell had been turned off. As a result of Kuzma's actions, neither the FBI, nor a forensic expert with the Pennsylvania State Police, were able to recover images of the assault from the recording system.

Prior to imposing sentence, Judge McVerry stated that Heitzenrater acted in an "officious, offensive and vicious" manner by assaulting a "literally defenseless victim in a darkened cell,"who was in an "intoxicated stupor." As to Lieutenant Kuzma, Judge McVerry commented that "driven by loyalty" to Heitzenrater, as a sworn officer, Kuzma "should have known better," and that "the public deserves better from public officials and from you."

Assistant United States Attorney Soo C. Song prosecuted this case on behalf of the government.

U.S. Attorney Hickton commended the Federal Bureau of Investigation, together with the Pennsylvania State Police, for the investigation leading to the successful prosecution of Heitzenrater and Kuzma

USDOJ Press Release: Nine Corruption Indictments in Prince George's County, Md.

or Immediate Release
November 15, 2010 United States Attorney's Office
District of Maryland
Contact: (410) 209-4800

Three Prince George’s County Police Officers and Six Other Defendants Charged in Two Federal Indictments
Charges Include Corruption, Drug Trafficking and Firearms Violations; Forfeiture Sought for $3.5 Million, 25 Properties, 13 Vehicles and 84 Bank Accounts

GREENBELT, MD—In two indictments unsealed today, a federal grand jury has indicted a total of nine defendants, including three Prince George’s County Police officers. Seven defendants, including two of the officers, are charged in the first indictment with conspiring to commit extortion under color of official right in a scheme involving the transport and distribution of untaxed cigarettes and alcohol. The second indictment charges the third officer and another man with a drug and gun conspiracy. The indictments were returned on October 14, 2010 and unsealed following the arrests of the defendants and execution of search warrants today, in a coordinated operation that involved approximately 150 law enforcement officers.

The indictments were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; and Special Agent in Charge Rebecca Sparkman of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.

“Police officers are given badges and guns to prevent crimes, but these police officers allegedly used them to commit crimes,” said U.S. Attorney Rod J. Rosenstein. “The indictment charges that they crossed a bright line from catching criminals to conspiring with criminals.”

Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation stated, “This investigation demonstrates that no one is above the law. The FBI, along with our law enforcement partners, is committed to seeking out all forms of corruption, especially among those that serve the public.”

“Public officials must comply with the same laws as the citizens they serve,” said IRS-Criminal Investigation Special Agent in Charge Rebecca Sparkman, Washington, D.C. Field Office. “The IRS-Criminal Investigation is helping to ensure that all Americans, including public officials, are held to the same standard.”

First Indictment: Conspiracy to Commit Extortion

The first indictment charges seven defendants with conspiracy to interfere with commerce by extortion under color of official right:

* Prince George’s County Police Sergeant Richard Delabrer, age 45, of Laurel, Maryland;
* Prince George’s Police Corporal Chong Chin Kim, age 42, of Beltsville, Maryland;
* Amrik Singh Melhi, age 51, of Clarksville, Maryland, owner of numerous Maryland liquor stores;
* Ravinder Kaur Melhi, age 49, of Clarkesville, co-owner of liquor stores and wife of Amrik Singh Melhi;
* Amir Milijkovic, age 39, of Bowie, Maryland, owner of an auto glass store in College Park, Maryland;
* Chun Chen, aka Eddy Chen, age 34, of Bowie; and
* Jose Moreno, age 49, of Alexandria, Virginia.

Specifically, the indictment charges that the defendants agreed that Amrik Singh Melhi and others would pay police officers in exchange for them using their official authority to ensure the safe transport and distribution of untaxed cigarettes and alcohol in Maryland and Virginia.

The indictment also seeks the forfeiture of $3.5 million, 25 properties, 13 vehicles and 84 bank accounts that allegedly are proceeds of crimes or were used to facilitate crimes.

The defendants in the extortion conspiracy case face a maximum sentence of 20 years in prison and a $250,000 fine. The defendants are expected to have their initial appearances in U.S. District Court in Greenbelt today beginning at 1:30 p.m. and continuing through the afternoon.

Second Indictment: Conspiracy to Distribute Cocaine

In the second indictment, two defendants are charged with conspiracy to distribute and possess with intent to distribute cocaine and use of firearms in furtherance of drug trafficking:

* Prince George’s County Police Officer Sinisa Simic, age 25, of Woodbridge, Virginia; and
* Mirza Kujundzic, age 30, of Woodbridge, Virginia.

Simic and Kujundzic face a minimum of five years in prison and a maximum sentence of life in prison for the drug conspiracy charge and a mandatory five years in prison, consecutive to any other sentence, for possession of firearms in furtherance of a drug trafficking crime. The defendants are expected to have their initial appearances in U.S. District Court in Greenbelt today beginning at 1:30 p.m. and continuing through the afternoon.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein praised the FBI and IRS for their work in these investigations. Mr. Rosenstein thanked Assistant United States Attorneys James A. Crowell IV, A. David Copperthite and Sujit Raman, who are prosecuting the cases.

Mr. Rosenstein, Mr. McFeely and Ms. Sparkman expressed their appreciation to Prince George's County Chief of Police Roberto L. Hylton for the assistance that he and his department provided.

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USDOJ Press Release: Former Lee County, South Carolina Sheriff Convicted of Racketeering and Drug Conspiracy

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For Immediate Release
November 11, 2010 United States Attorney's Office
District of South Carolina
Contact: (803) 929-3000

Former Lee County Sheriff Convicted of Racketeering and Drug Conspiracy

COLUMBIA, SC—United States Attorney Bill Nettles stated that Edgar Jerome Melvin, age 47, of Bishopville, South Carolina, was found guilty of 37 counts of the second superseding indictment, including racketeering, drug conspiracy, extortion, theft from an organization receiving federal funds, and making false statements.

Melvin was the sheriff of Lee County from 2001 until 2009. He became the target of an investigation by the FBI and SLED in 2006 after sources revealed that he received cash payments to provide protection and information to drug dealers.

Evidence presented at trial established that Melvin became closely associated with several drug dealers that he used to extort other drug dealers. In exchange, the drug dealers avoided arrest and he gave them information about police activity. Melvin also extorted business people who wanted to do business with Lee County and stole money from the Victim’s Advocacy Fund..

Sentencing is scheduled for January 7, 2011. Melvin was taken into custody at the conclusion of the trial, and he will remain in prison awaiting sentencing.

Mr. Nettles stated, “Police officers are not above the law. When a public official, such as Mr. Melvin, abuses his authority, he drains the public trust and erodes the confidence that our citizens should have in law enforcement.”

Melvin’s co-conspirators pled guilty to being a member of the drug conspiracy this past summer and are being sentenced this week. Melvin faces a mandatory minimum term of at least 10 years and a maximum term of life. Sentencing is scheduled for January 7, 2011 at 10:30 a.m.

The case was investigated by Special Agent Chris Garrett of the FBI, and SLED agents Richard Gregory and Angel Underwood. Assistant United States Attorneys J.D. Rowell, Mark Moore, and Deborah B. Barbier prosecuted the case.

Press Releases | Columbia Home

Friday, November 12, 2010

“The life of a lawyer should be something more, to search within themselves for answers ,,,to ask, ‘What is good, what is just, what is kind?’”

New York Times
November 11, 2010
Clyde Summers, Advocate of Labor Union Democracy, Is Dead at 91
By STEVEN GREENHOUSE

Clyde W. Summers, a law professor who played a pivotal role in writing the 1959 federal law that guaranteed democratic rights to union members, died on Oct. 30 at a retirement home in Germantown, Pa. He was 91.

The cause was complications of a stroke, said Robert A. Gorman, a fellow law professor at the University of Pennsylvania.

For many years, Mr. Summers lived in Philadelphia.

Mr. Summers, who taught at the Penn law school from 1975 until 2005, was widely viewed as the nation’s leading legal expert on union democracy and union elections. Some old-line labor bosses who disliked his emphasis on individual rights snidely called him “Mr. Democracy.”

In the 1950s, his ground-breaking law review articles about unions violating their members’ rights led to his working with a young senator from Massachusetts, John F. Kennedy, in drafting major parts of the Landrum-Griffin Act, often called the Bill of Rights for union members. The law guarantees freedom of speech for union members and periodic secret elections of union leaders.

“What Louis Brandeis was to the field of privacy law, Clyde Summers is to the field of union democracy,” Michael J. Goldberg, a professor at the Widener School of Law, wrote this year. “Summers, like Brandeis, provided the theoretical foundation for an important new field of law.”

Beyond union democracy, he wrote highly influential, often pioneering law review articles criticizing unjust dismissals of workers, analyzing collective bargaining by government employees and comparing America’s employment laws with those in Sweden, Germany and other countries.

“In so many areas, Clyde was on the cutting edge of labor and employment law,” said Martin H. Malin, a professor at the Chicago-Kent College of Law.

His overriding passion seemed to be fighting corrupt and undemocratic union bosses and championing the individual worker. He took up that cause in the 1950s, when unions were far more prominent, Congress held high-visibility hearings about mob influence on unions, and labor law was a popular academic field.

“In those days, if you talked about union democracy, you were viewed as antilabor,” said Herman Benson, founder of the Association for Union Democracy.

When two dissenters in the painters union were murdered in the San Francisco area in 1966 after they denounced sweetheart contracts, Mr. Summers became a leader on a committee demanding justice. After the 1969 murder of Joseph A. Yablonski, a rival of W. A. Boyle, the autocratic president of the United Mine Workers, Mr. Summers led efforts to rewrite that union’s constitution to make it more democratic. Mr. Boyle was eventually convicted of the murder.

“Like the prophets of biblical times, he has spoken most passionately against evil committed by those who claim to be doing the Lord’s work,” Julius Getman, a law professor at the University of Texas, wrote in a tribute when Mr. Summers became an emeritus professor at the University of Pennsylvania in 1989. “And like the prophets of old, he stood at first almost alone.”

Clyde Wilson Summers was born in a one-room tarpaper shack in Grass Range, Mont., on Nov. 21, 1918. His parents, struggling farmers, moved to Colorado, South Dakota and Nebraska before settling on a farm outside Winchester, Ill., where Mr. Summers attended high school. At 16 he went to the University of Illinois, obtaining his bachelor’s degree in 1939 and his law degree there in 1942.

During the war, he declared himself a conscientious objector — a move that caused the Illinois bar to deny him admission. In 1945, the United States Supreme Court, in a 5-to-4 vote, upheld the bar’s decision, although in an impassioned dissent Justice Hugo Black hailed the 26-year-old plaintiff as “moral and intelligent.”

Mr. Summers earned a master’s degree in law at Columbia in 1946 and a doctor of science in law there in 1952. He taught law at the University of Toledo and met his wife, Evelyn Wahlgren, a music teacher, on a blind date at a Valentine’s Day dance there. He then taught law at the University of Buffalo from 1949 to 1956 before becoming a professor at Yale Law School from 1956 to 1975.

In 1958, Mr. Summers drafted a Bill of Rights for union members on behalf of the American Civil Liberties Union; many of his thoughts and words were included in the Landrum-Griffin Act.

He is survived by his wife as well as two daughters, Erica Summers of Silver Spring, Md., and Lisa Summers of Ridgewood, N.J.; two sons, Mark of Lexington, Ky., and Craig of Seattle; a sister, Majel Drake of Wheaton, Ill.; and eight grandchildren.

“The life of law is precedent,” Mr. Summers said at a dinner honoring him when he became a professor emeritus. “But the life of a lawyer should be something more, to search within themselves for answers which precedents cannot provide, to go beyond the question ‘What does the case hold and why?’ to ask, ‘What is good, what is just, what is kind?’ ”

Wednesday, November 10, 2010

Folio Weekly Backpage Editorial By Faye Armitage Supports St. Augustine National Historical Park and Seashore



St. Augustine’s small-town Spanish Colonial charm is in
danger of being ruined by schlock. We love St. Augustine
and must preserve the beauty of endangered Matanzas Inlet
sunsets, Anastasia Island beach mice, nesting leatherback
turtles, soaring families of bald eagles and frolicking schools
of manatees and whales. Florida’s First Coast deserves a first
class National Park for the 500th anniversary of Spanish
Florida (in 2013) and 450th anniversary of St. Augustine
(in 2015).
The late U.S. Speaker of the House
Thomas P. “Tip” O’Neill and Edward
Boland of Massachusetts made history in
1958, courageously working to protect
Cape Cod’s charm forever. Boland returned
in 1958 from a trip to Cape Hatteras
National Seashore. Within a fortnight, the
two Massachusetts Democrats introduced
the Cape Cod National Seashore Act
(backed by John F. Kennedy only after he
became president).
Commercial interests thought that a
national seashore would be bad for business.
They were wrong. Today we scoff at
the quaint story of O’Neill and Boland
being hung in effigy and booed in the Cape
Cod towns of Wellfleet and Truro, where
citizens, in their annual town meetings,
voted against the bill.
Even JFK, the Pulitzer Prize-winning
author of “Profiles in Courage,” feared local
commercial interests in Massachusetts
when it came to proposing a national
seashore. JFK later came aboard as president,
to consider the National Seashore the
best thing he ever did for Massachusetts.
Today’s visitors to Cape Cod come from
around the world to partake of its charm,
marshes, woodlands, beaches and towns
that were saved thanks to the vision of
Congressmen O’Neill and Boland.
A St. Augustine National Park was first
proposed before World War II. The idea is
five years older than President Harry S Truman’s
national health insurance proposal.
And as with national health care, Congress
too often resembles a herd of turtles trying
to write a symphony. It’s somewhat understandable
that our two busy U.S. Senators
(and Representative John Luigi Mica)
haven’t introduced a National Historical
Park, Seashore and Scenic Coastal Parkway.
Legislation moves glacially, except in emergencies.
We have one now.
Our local economy is in a state of emergency.
Businesses are dying. We’re ready for
Congress to stimulate our economy and
preserve our way of life by enacting a St.
Augustine National Historical Park,
Seashore and Scenic Coastal Parkway Act,
supported by a diverse group of citizens,
from octogenarian environmental activist
Robin Nadeau to former Republican
County Commission Chairperson John
Sundeman to St. Augustine Democratic
Club Chairperson Jeanne Moeller, among a
growing group of people concerned about
the declining quality of the tourist experience
in St. Johns County.
A National Historical Park would preserve
and protect St. Augustine’s historic
downtown with the dignity and experience
of the National Park Service, just as parts of
Boston, New Bedford, Philadelphia and
other historic cities are preserved. It would
step into the breach left by the Florida legislature,
Secretary of State, University of
Florida and city of St. Augustine, all of
whom have been unable to repair crumbling
buildings and historic monuments. A
national historical park would preserve
downtown streets and reduce congestion,
improving the tourist experience and making
it one that longer-staying (and biggerspending)
historic and environmental
tourists will enjoy.
A national historic park managed by the
National Park Service would portray history
and nature accurately, as done in Virginia’s
Colonial Williamsburg and the
Colonial National Historical Parkway.
There could also be a National Civil Rights
and Indigenous History Museum, aimed at
telling the region’s story of 11,000 years of
human history, honoring Native Americans,
African-Americans and the Civil
Rights movement here, which helped win
adoption of national antidiscrimination
laws in 1964. The struggles on St. Augustine’s
streets and beaches, including the
arrest of Massachusetts Governor Endicott
Peabody’s mother and Dr. Martin Luther
King Jr., need to be retold and told well.
soldiers monument in St. Augustine’s Plaza
de la Constitucion, paying tribute to Civil
Rights Era activists whose efforts helped
break the Senate logjam and enact basic
nondiscrimination laws.
A national seashore and coastal parkway
designation would protect the coast from
uglification, as at other national seashores.
We have 61 miles of coast here, and the
transfer from county to federal jurisdiction
would save local tax monies and make environmental
protection a priority on beaches
where turtles land to give birth, and where
beach mice and other critters scamper.
In September, watch Ken Burns’ PBS
documentary “Our National Parks: America’s
Best Idea.” Think of how uplifting it
will be to be able to drive from Ponte Vedra
to Marineland as a tourist or resident,
secure in the knowledge that the beaches
will survive and not be turned into some
unreasonable facsimile of Miami.
Think of the economic efficiency and
environmental benefits of entrusting city
and county parks, seashore water management
district land and at least five state
parks (including Anastasia and Guana-
Tolomato-Matanzas National Estuarine
Reserve) to one world-class organization
(the National Park Service) to protect, preserve
and interpret, rather than allowing
the land to be ripped apart by greed.
Think of the good jobs that will encourage
young people to stay here, working as
National Park Service employees and contractors.
Think of historic interpreters and
environmental tour guides who are
rewarded with a federal showcase, inviting
the world to a world-class destination.
Let’s enlist Congress and the president
to help us tell our region’s rich history —
including the story of the Indians, African-
American slaves and Minorcan and Greek
indentured servants (who escaped to St.
Augustine from New Smyrna Beach, “voting
with their feet” against slavery by contract.
Indentured servitude was outlawed
along with regular slavery with the 13th
Amendment in 1865.
Think of how our tourist economy will
be stimulated and jobs created and preserved
by preserving the stunning vistas
that draw people here, not uglifying them
with massive high-rises, suburban sprawl
and unsafe homes built in wetlands.
Think of how fourth-graders now and
in the future, from all over Florida, will be
rewarded for their studies of Florida history
by helping preserve “the real Florida” — St.
Augustine and St. Johns County — forever.
It is up to us to learn from the young
and to protect Northeast Florida for families,
flora, fauna and the future. Visit
staugustgreen.com for more information
and let your neighbors and national and
local leaders know what you think. 

Faye Armitage lives in Fruit Cove. In 2008,
she ran against nine-term Congressional
incumbent John Mica, receiving nearly 150,000 votes.

National Park Service: Famous Quotes on the National Parks



AN ACT TO IMPROVE THE ADMINISTRATION OF THE NATIONAL PARK SYSTEM

(General Authorities Act), 1970 (84 Stat. 825):

"...that the national park system, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States...; that these areas, though distinct in character, are united through their inter-related purposes and resources into one national park system as cumulative expressions of a single national heritage; that, individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one national park system preserved and managed for the benefit and inspiration of all the people of the United States...."

Stephen T. Mather, NPS Director, 1917-1929:

"The parks do not belong to one state or to one section.... The Yosemite, the Yellowstone, the Grand Canyon are national properties in which every citizen has a vested interest; they belong as much to the man of Massachusetts, of Michigan, of Florida, as they do to the people of California, of Wyoming, and of Arizona."

"Who will gainsay that the parks contain the highest potentialities of national pride, national contentment, and national health? A visit inspires love of country; begets contentment; engenders pride of possession; contains the antidote for national restlessness.... He is a better citizen with a keener appreciation of the privilege of living here who has toured the national parks."

Newton B. Drury, NPS Director, 1940-1951:

"The American way of life consists of something that goes greatly beyond the mere obtaining of the necessities of existence. If it means anything, it means that America presents to its citizens an opportunity to grow mentally and spiritually, as well as physically. The National Park System and the work of the National Park Service constitute one of the Federal Government's important contributions to that opportunity. Together they make it possible for all Americans--millions of them at first-hand--to enjoy unspoiled the great scenic places of the Nation.... The National Park System also provides, through areas that are significant in history and prehistory, a physical as well as spiritual linking of present-day Americans with the past of their country."

George B. Hartzog, Jr., NPS Director, 1964-1972:

"The national park idea has been nurtured by each succeeding generation of Americans. Today, across our land, the National Park System represents America at its best. Each park contributes to a deeper understanding of the history of the United States and our way of life; of the natural processes which have given form to our land, and to the enrichment of the environment in which we live."

Edwin C. Bearss, NPS Chief Historian, 1981-1994:

"As we Americans celebrate our diversity, so we must affirm our unity if we are to remain the 'one nation' to which we pledge allegiance. Such great national symbols and meccas as the Liberty Bell, the battlefields on which our independence was won and our union preserved, the Lincoln Memorial, the Statue of Liberty, the Grand Canyon, Yellowstone, Yosemite, and numerous other treasures of our national park system belong to all of us, both legally and spiritually. These tangible evidences of our cultural and natural heritage help make us all Americans."

J. Horace McFarland, president, American Civic Assn., 1916:

"The parks are the Nation's pleasure grounds and the Nation's restoring places.... The national parks...are an American idea; it is one thing we have that has not been imported."

President Franklin D. Roosevelt:

"There is nothing so American as our national parks.... The fundamental idea behind the parks...is that the country belongs to the people, that it is in process of making for the enrichment of the lives of all of us."

Wallace Stegner, 1983:

"National parks are the best idea we ever had. Absolutely American, absolutely democratic, they reflect us at our best rather than our worst."

George M. Wright, Joseph S. Dixon, and Ben H. Thompson, Fauna of the National Parks of the United States, 1933.

"But our national heritage is richer than just scenic features; the realization is coming that perhaps our greatest national heritage is nature itself, with all its complexity and its abundance of life, which, when combined with great scenic beauty as it is in the national parks, becomes of unlimited value. This is what we would attain in the national parks."

Freeman Tilden to George B. Hartzog, Jr., ca. 1971

"I have always thought of our Service as an institution, more than any other bureau, engaged in a field essentially of morality--the aim of man to rise above himself, and to choose the option of quality rather than material superfluity."

Theodore Roosevelt, in The Outlook, February 3, 1912, p. 246. See, Paul Schullery, Theodore Roosevelt: Wilderness Writings, 142.

"The establishment of the National Park Service is justified by considerations of good administration, of the value of natural beauty as a National asset, and of the effectiveness of outdoor life and recreation in the production of good citizenship."

Frederick Law Olmsted, "The Yosemite Valley and the Mariposa Big Trees," (1865), in Landscape Architecture 43:1 (October 1952).

"It is the will of the nation as embodied in the act of Congress [in setting aside the Yosemite government reservation in 1864] that this scenery shall never be private property, but that like certain defensive points upon our coast it shall be solely for public purposes.

Two classes of considerations may be assumed to have influenced the action of Congress. The first and less important is the direct and obvious pecuniary advantage which comes to a commonwealth from the fact that it possesses objects which cannot be taken out of its domain, that are attractive to travellers and the enjoyment of which is open to all.

A more important class of considerations, however, remains to be stated. These are considerations of a political duty of grave importance to which seldom if ever before has proper respect been paid by any government in the world but the grounds of which rest on the same eternal base of equity and benevolence with all other duties of republican government. It is the main duty of government, if it is not the sole duty of government, to provide means of protection for all its citizens in the pursuit of happiness against all the obstacles, otherwise insurmountable, which the selfishness of individuals or combinations of individuals is liable to interpose to that pursuit."

Joseph L. Sax, "America's National Parks: Their Principles, Purposes, and Prospects, Natural History, Supplement, October 1976.

"As Olmsted [FLO, Sr.] demonstrated, the question in a democratic society is not the acceptance or rejection of what the people want. People get the recreation that imaginative leadership gives them.... The essence of recreational policy in a democratic society, he believed, was the willingness to treat the ordinary citizen as something other than a passive customer to be managed and entertained. Olmsted based his theory of recreation on what he called "a faith in the refinement of the republic," a faith in the possibility of liberation from self-interested manipulation."

Stephen Mather, internal document, February 1925.

"The primary duty of the National Park Service is to protect the national parks and national monuments under its jurisdiction and keep them as nearly in their natural state as this can be done in view of the fact that access to them must be provided in order that they may be used and enjoyed. All other activities of the bureau must be secondary (but not incidental) to this fundamental function relating to care and protection of all areas subject to its control."

Biologist Charles C. Adams, in "Ecological Conditions in National Forests and in National Parks," The Scientific Monthly, June 1925.

"It is fortunate indeed that the forest service started with a distinct professional leadership and this was possible because European forestry was highly developed. But the idea of wild or wilderness national parks is a distinctly American idea and did not have a European tradition. The European tradition is about formal park design rather than large wild parks, such as our national parks. For this reason we must develop our own policies for the parks...."